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EXPLANATORY MEMORANDUM ON THE EUROPEAN UNION’S COMMON FOREIGN AND SECURITY POLICY

Council Decision amending Decision 2011/426/CFSP appointing the European Union Special Representative in Bosnia and Herzegovina

Submitted by the Foreign and Commonwealth Office on 12 June 2013.

SUBJECT MATTER

  1. Council Decision 2011/426/CFSP from 18 July 2011 appointed Peter Sorensen as the EU’s Special Representative (EUSR) to Bosnia and Herzegovina with a mandate until 30 June 2015, and established a budget from 1 September 2011 until 30 June 2012. Council Decision 2012/330/CFSP extended the budget until 30 June 2013. The new Council Decision (attached in draft, final Council Decision number not yet known) establishes a budget for the next period.
  1. This Explanatory Memorandum covers the amended Council Decision setting out the budget for the EUSR from 1 July 2013 to 30 June 2014. This budget covers the existing tasks of the EUSR for the next 12 month period. Further detail on each of these elements is set out below.
  1. On 1 September 2011 Peter Sorensen was appointed EUSR to Bosnia and Herzegovina (BiH). He was appointed also Head of the EU Delegation in BiH, in a double-hatted role. Previously the EUSR position had been double-hatted with the High Representative role in BiH. This was decoupled on 1 September 2011 when the mandate of the EUSR was transferred from Valentin Inzko (who remains High Representative) to Peter Sorensen. Sorensen will continue in the roles of EUSR and EU Head of Delegation.
  1. The mandate of the EUSR is to:

a)offer the Union's advice and facilitate the political process;

b)ensure consistency and coherence of Union action;

c)facilitate progress on political, economic and European priorities;

d)monitor and advise the executive and legislative authorities at all levels of government in BiH and liaise with BiH authorities and political parties;

e)ensure the implementation of the Union’s efforts in the whole range of activities in the field of the rule of law and the security sector reform promote overall Union coordination of, and give local political direction to Union efforts in tackling organised crime and corruption, and in this context, provide the HR and the Commission with assessments and advice as necessary;

f)without prejudice to the military chain of command, offer the EU Force Commander political guidance on military issues with a local political dimension, in particular concerning sensitive operations, relations with local authorities and with the local media. Consult with the EU Force Commander before taking political action that may have an impact on the security situation;

g)coordinate and implement the Union’s communication efforts on EU issues towards the public in BiH;

h)promote the process of EU integration through targeted public diplomacy and EU outreach activities designed to ensure a broader understanding and support from the BiH public on EU related matters, including by means of engagement of local civil society actors;

i)contribute to the development and consolidation of respect for human rights and fundamental freedoms in BiH, in accordance with the EU human rights policy and EU Guidelines on Human Rights;

j)engage with relevant BiH authorities on their full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY);

k)in line with the EU integration process, advise, assist, facilitate and monitor political dialogue on the necessary constitutional changes;

l)maintain close contacts and consultations with the High Representative in Bosnia and Herzegovina and other relevant international organisations working in the country;

m)provide advice to the HR as necessaryconcerningnatural or legal personson whom restrictive measures could be imposed in view of the situation in BiH;

n)without prejudice to the applicable chains of command, help to ensure that all Union instruments in the field are applied coherently to attain the Union’s policy objectives.

SCRUTINY HISTORY

  1. An Explanatory Memorandum on this issue was last submitted for Parliamentary Scrutiny on 11 June 2012. The House of Commons European Scrutiny Committee cleared the document as “politically important” on 14 June 2012 (ESC 33960, 4th Report, Session 2012/13). The House of Lords Select Committee on the European Union cleared the document on 21 June 2012 after referral to Sub-Committee C.

MINISTERIAL RESPONSIBILITY

  1. The Secretary of State for Foreign and Commonwealth Affairs is the Minister with overall responsibility for UK policy on the EU’s Common Foreign and Security Policy.

INTEREST OF THE DEVOLVED ADMINISTRATIONS

  1. The UK’s Foreign Affairs policy is a reserved matter under the UK’s devolution settlements and no devolved administration interests arise. The devolved administrations have therefore not been consulted in the preparation of this EM.

POLICY IMPLICATIONS

  1. In March 2011, the EU agreed a strategy for BiH. In broad terms, this strategy sets out an enhanced EU presence in BiH, led by the EUSR, with a focus on moving BiH towards its EU future. The strategy sets out the three conditions for BiH’s Stabilisation and Association Agreement (SAA) to come into force. At the same time the strategy retains the important safeguards of the executive civilian mandate of the Office of the High Representative (OHR) and the military executive mandate of the EU’s peacekeeping troops in Operation EUFOR Althea.
  1. Following the appointment of Peter Sorensen as EUSR on 1 September 2011, the EUSR has strengthened the EU’s visibility and political impact in BiH, taking the lead in supporting BiH in EU-related matters. Sorensen is a respected and trusted interlocutor who carries real weight with key Bosnian politicians from all three constituent parties (Bosniak, Bosnian Serb and Bosnian Croat). His recent facilitation of talks aimed at amending the Constitution to bring it into line with the European Convention on Human Rights ended with no resolution in April. However, we believe the EUSR mandate remains critical to galvanising BiH’s leaders into making the reforms needed to allow them to submit a credible application for candidate status.
  1. The mandate for the EUSR for the period 1 July 2013 to 30 June 2014will continueas set out in the original Council Decision of 11 September 2011. The UK maintains support for the original Council Decision to strengthen the EU presence in BiH. We believe it is important to maintain a balance of incentives and deterrents to encourage EU-related reforms, whilst retaininging international safeguards such as the OHR and EUFOR Operation Althea’s executive mandate.
  1. The amended Council Decision will establish a budget for the EUSR for the next 12 months. The proposed 2013-14 budget is EUR 5.4 million, a 2% increase on the previous budget of EUR 5.25 million. This proposed increase covers increased internal travel in BiH for the EUSR ahead of the 2014 general election and enhanced outreach and media activity. The UK has challenged the proposed budget robustly. There will be no increase in staff numbers or contigencies and per diems will be reduced from October 2013. We will of course continue to ensure that negotiations on the budget are fully cogniscent of HMG’s policy of opposing any overall increase in the EU’s Common Foreign and Security Policy (CFSP) budget and ensure value for money for the UK taxpayer.
  1. In line with the EU strategy adopted in March 2011, the new EU presence has, to date, coexisted successfully with the High Representative. The UK will continue to insist that the Office of the High Representative (OHR) remain in place (or is potentially “off-shored” - located outside BiH with its executive powers retained if the security situation becomes sufficiently stable) until the set of five conditions and two objectives (known as the ‘5+2’) agreed by the international community for the closure of the OHR are met. The Peace Implementation Council (PIC) will continue to review progress against these ‘5+2’ at its regular meetings. An increasein the EUSR’s resources does not prejudice a future PIC decision regarding closure of the OHR. Both the OHR and EUSR continue to work together effectively on the ground and focus on complementary tasks.

SUBSIDIARITY

  1. The proposal complies with the principle of subsidiarity because the role of the EUSR is to implement the CFSP by providing an additional presence on the ground in order to deliver the political objectives of the Union. This is not a role which can be fulfilled at member state level.

LEGAL AND PROCEDURAL ISSUES

  1. Legal Basis:Article 28,31(2) and 33 of the Treaty on European Union.
  1. Voting Procedures: EUSR mandates are subject to QMV.
  1. Impact on UK Law:None.
  1. Application to Gibraltar: Applicable to Gibraltar.
  1. Fundamental rights analysis: No fundamental rights issues apply.

APPLICATION TO THE EUROPEAN ECONOMIC AREA

  1. None.

REGULATORY IMPACT ASSESSMENT

  1. Not applicable.

FINANCIAL IMPLICATIONS

  1. The proposed 2013-14 budget is EUR 5.4 million, a 2% increase on the previous budget of EUR 5.25 million. The increased budget, as set out above, covers increased internal travel in BiH, outreach and media activities.Funding for the common costs of the EUSR is met from the CFSP budget. The UK contributes to the EU budget as a whole, not to individual programmes within it.

TIMETABLE

  1. The draft budget and amended Council Decision is being discussed in Brussels during early June 2013.

OTHER OBSERVATIONS

  1. None.

The Rt Hon David Lidington MP

Minister for Europe

Foreign and Commonwealth Office