Select Committee on European Scrutiny Twentieth Report






Draft Council Joint Action on the European Union Police Mission.

Draft Council Joint Action on the appointment of the EU Special Representative in Bosnia and Herzegovina (BiH).

Draft Council Decision concerning the appointment of the Head of Mission /Police Commissioner of the European Union Police Mission (EUPM).

Legal baseArticle 14 EU; unanimity
Department:Foreign and Commonwealth Office
Basis of consideration: Ministers' letters of 13 February 2002 and 4 March 2002; EMs of 4 March 2002
Previous Committee Report: None
Discussed in Council: 18 February General Affairs Council
Committee's assessment:Politically important
Committee's decision:Cleared

The Ministers' letters

  22.1  On 13 February, the Minister for Europe (Mr Peter Hain) wrote to inform us that the UN's International Police Task Force (IPTF) is due to complete its mandate in Bosnia at the end of the year. Good progress had been made in improving the performance of the local police, but there remained a need for a further international presence to continue the work of the IPTF. In particular, a follow-on mission was needed to improve high-level management, develop the rule of law and "get the politics out of policing" Building Bosnian capacity in this area was, the Minister said, a key part of the EU's conflict prevention strategy in the Balkans.

  22.2  The Minister said that the General Affairs Council (GAC) on 18 February was likely to endorse a proposal for an EU police mission to succeed, and build upon the work of, the IPTF. This would be the first mission under the European Security and Defence Policy (ESDP). He expected the EU proposal to then be put to the Bosnia Peace Implementation Council (PIC) Steering Board on 28 February for formal approval. This Council was set up to oversee implementation of the Dayton Peace Agreement.

  22.3  The Minister comments:

    "We have worked hard to achieve a good outcome, and ensure that the mission meets our key concerns:
  • a clear and well-targeted mission statement;

  • clear command and control arrangements, which fully take into account the work of the Bosnian High Representative (soon to be Lord Ashdown);

  • non-EU third country participation in the mission;

  • secure financial arrangements

    "We will be expected to contribute substantially to the new force, given our expertise and the fact that Lord Ashdown will take over as the new High Representative in Bosnia in May. The UK currently provides an 80-strong contingent to the 1600-strong IPTF."

  22.4  On 4 March, the Parliamentary Under Secretary of State at the Foreign and Commonwealth Office (Mr Denis MacShane) brings us up to date. The GAC endorsed the proposal and the PIC formally accepted it. He says that a draft Joint Action on the EUPM is now being discussed and points out that in the current draft there are two options on the financing arrangements. Although the Council was in agreement on the arrangements, these are subject to further discussion with the European Parliament in its role as part of the budgetary authority.

  22.5  The Minister comments that the Government is satisfied that the Joint Action reflects the UK's key concerns on a clear mission statement, clear command and control arrangements which fully take into account the work of the Bosnian High Representative, non-EU third country participation and secure financial arrangements.

Draft Joint Action on the EU Police Mission

  22.6  In his Explanatory Memorandum on this proposal, the Minister says that the UN mission had concentrated on basic training and monitoring of the lower level Bosnian police structures. Much work remained to be done, mainly in de-politicising the police management structure and training, monitoring and mentoring the mid-high level Bosnian police. To accomplish this the follow-on mission would require approximately 500 high-ranking international police officers.

  22.7  The draft Joint Action establishes a main headquarters in Sarajevo, composed of the Head of Mission/Police Commissioner and staff. Part of the staff will consist of liaison officers to work with other international organisations on the ground. It also establishes 24 monitoring units to be co-located within the various Bosnia and Herzegovina Police structures at medium to high level.

  22.8  The Chain of Command provides for the following:

"—  the EU Special Representative shall report to the Council through the SG/HR;

  • the Political and Security Committee shall provide the political control and strategic direction;

  • the Head of Mission/Police Commissioner shall lead the EUPM and assume its day-to-day management;

  • the Head of Mission/Police Commissioner shall report to the SG/HR through the EU Special Representative;

  • the SG/HR shall give guidance to the Head of Mission/Police Commissioner through the EU Special Representative."

  22.9  The financial reference amount is for:

    (1)  £14 million for start-up costs out of the Common Foreign and Security Policy (CFSP) budget for 2002; and

    (2)  £20 million for yearly running costs for the years 2003 to 2005.

  22.10  Each Member State is to bear the costs of the police officers it seconds. The international civilian staff and local staff will be recruited on a contractual basis by the EUPM.

  22.11  The preamble includes, in addition to a reference to the financial reference amount, a recital in square brackets which says that, should the CFSP budget finances not be sufficient, the Council would decide, in accordance with the Treaty on the European Union, how to cover any remaining common costs.

The appointment of the EU Special Representative in Bosnia and Herzegovina

  22.12  The 18 February GAC agreed that the next High Representative in Bosnia and Herzegovina should be the EU Special Representative and this proposal was supported by the PIC. The Minister comments that, in doing so, the EU would send a strong and clear signal that the future of Bosnia lies in its integration into European structures.

  22.13  It is understood that the High Representative is nominated by the EU, approved by the PIC Steering Board and then confirmed in a UN Security Council Resolution (UNSCR.) The appointment of Lord Ashdown of Norton-sub-Hamdon as the next High Representative is subject to the UNSCR being adopted. The Minister expects this to be a formality. Lord Ashdown will take up office at the end of May 2002, probably for an initial period of one year. The Minister says that double-hatting the EU special representative and the High Representative will help ensure that the EU mission is part of wider efforts to establish the rule of law in Bosnia, and that Lord Ashdown is part of the command and control chain of the EU mission.

The appointment of the Head of Mission/Police Commissioner for the EU Police Mission to Bosnia

  22.14  This draft Council Decision proposes that Sven Christian Frederiksen, a Dane, should be appointed as Police Commissioner from 1 January 2003. The appointment is to be reviewed annually.

The Government's view

  22.15  Apart from noting that this will be the first mission for the European Security and Defence Policy, the Minister simply comments that it follows on directly from the Prime Minister's St. Malo initiative.


  22.16  It will be important for this mission to succeed and we note that care has been taken to ensure that a clear chain of command has been set out in the draft Joint Action which establishes the Police Mission. The double-hatting of the High Representative and the EU Special Representative should also help to ensure clarity.

  22.17  We now clear the documents.

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Prepared 18 March 2002