Legal base	Articles 28 and 43(2) EU; unanimity
Department	Foreign and Commonwealth Office
Basis of consideration	EM of 27 November 2009
Previous Committee Report	None; but see (30098) —: HC 16-xxxv (2007-08), chapter 13 (12 November 2008); also (29731) —: HC 16-xxiv (2007-08), chapter 13 (18 June 2008); also see (29404) —: HC 16-xi (2007-08), chapter 10 (6 February 2008); (29307) 16426/07: HC 16-viii (2007-08), chapter 23 (16 January 2008); and (26957) —: HC 34-viii (2005-06), chapter 16 (2 November 2005)
To be discussed in Council	7 December 2009 General Affairs and External Relations Council (GAERC)
Committee's assessment	Politically important
Committee's decision	Cleared

Background

18.1 An EU Co-ordinating Office for Palestinian Police Support (EU COPPS) was established in January 2005 within the office of the EU Special Representative (EUSR) to the Middle East Peace Process.[58] It then consisted of four police advisers seconded and funded by Sweden, Denmark, the United Kingdom and Spain, and a local office manager based in the PNA Ministry of Interior in Ramallah, a liaison office in Jerusalem and a forward office in the Palestinian Police HQ in Gaza. Non-personnel related start-up and running costs for EU COPPS were funded by the UK Department for International Development until 31 December 2005.

18.2 At our meeting on 2 November 2005, we cleared Joint Action 2005/797/CFSP, which, reflecting preparatory work by the Council Secretariat, including an earlier fact-finding mission under the guidance of the Political and Security Committee (PSC),[59] authorised an ESDP mission that built on the then EU-COPPS police support mission by increasing staff to 33. The mission, which continued to be known as EU-COPPS, was launched on 1 January 2006, with a three-year mandate.

18.3 Against the background of the Israeli withdrawal from Gaza and some parts of the West Bank, the aim was to find a way to build on the work of the EU-COPPS and help the Palestine Authority to fulfil its "security" and "institution-building" obligations under the so-called Road Map. Although the three year mandate was longer than normal, it was considered necessary if the EU was to support the Palestinian National Authority's comprehensive Police Development Programme, which included both institutional change and capacity-building, together with "Rule of Law elements", with the purpose of creating an effective Palestine police force.

18.4 Although the Mission was launched with a three year mandate, decisions on financing are taken annually. When the mission was launched, the then Minister for Europe said that funding for Common Costs (HQ, in-country transport, office equipment etc) for 2006 was expected to be in the region of €6.1 million (then equivalent to £4.16 million), which would be met in the normal way from the CFSP budget, to which the UK contributed approximately 17% (€1.04 million, £0.707 million); and that the cost of any UK policing expertise contributed to the mission would come from the Whitehall Peacekeeping Budget (which is a call on the Treasury's central contingency reserve).

18.5 On 6 February 2008, we cleared a Council Decision covering the costs for the remainder of the EUPOL COPPS Mission's mandate, until 31 December 2008. In his accompanying Explanatory Memorandum of 4 February 2008, the then Minister for Europe said that the budget for the rest of 2008 was projected to be €7 million, of which the UK would contribute approximately €1.12 million (£840,000). He noted that, as well as contributing three personnel to the Mission, the Government had also pledged £1.2 million to support the Mission's practical work in November 2007.

18.6 On 18 June 2008, we cleared a further Council Decision increasing the financial reference amount from 1 March 2008 to 31 December 2008 by an additional €1 million. In his accompanying 10 June Explanatory Memorandum, the then Minister for Europe explained that this would enable the Mission to engage more effectively in police-related criminal justice matters by funding 26 more personnel, most of whom would work in the Rule of Law and Police Advisory sections, specifically in the judiciary and penitentiary spheres. He went on to explain that this reflected a desire on the part of the EU "to increase its engagement in the Occupied Palestinian Territories", in the light of what he saw as the renewed momentum given to the Middle East Peace Process by the Annapolis Peace Conference in November 2007. The then Minister expressed strong support for the mission: he saw Palestinian capability in law and order as a key condition for progress in the Middle East Peace Process, and said that "this expansion of its activities will increase the Mission's effectiveness in addressing the linkages between the police force and the broader rule of law."

18.7 In our report of 6 February 2008 we noted that this would be the last year of the EUPOL COPPS mandate and that there were moves under way to introduce a formal review mechanism for all civilian ESDP missions. Even though this latest Council Decision itself also raised no political or legal questions, we again reported it to the House in the light of our earlier request that, at the end of the mandate, the Minister ensured that a formal report on its cost (which this year alone would now be €8 million), activities and outcomes was produced and deposited along with an EM containing his views on its effectiveness. That request stemmed from what we had earlier noted, when considering the Portuguese Presidency report (on its stewardship of European Security and Defence Policy, and outlining the incoming Presidency's mandate), as timely moves under way to introduce a formal review mechanism for such ESDP missions — or, as the document in question put it, "to establish an architecture for evaluation, lessons learned and best practices of civilian ESDP operations."

18.8 Then, a year ago, we considered a fresh Joint Action, to extend the EUPOL COPPS mandate for a further two years, and increase the financial reference amount to cover the expenditure related to the mission for the period from 1 January 2009 until 31 December 2009. It also amended the mission's structure to reflect its reinforced activites in the area of the Rule of Law.

18.9 In her accompanying 5 November 2008 Explanatory Memorandum, the then Minister for Europe at the Foreign and Commonwealth Office (Caroline Flint) said that this would enable it "to continue to progress both police reform and reform of police-related criminal justice matters." Like her predecessor, the Minister referred to the impetus of the Annapolis Peace Conference and the consequent EUPOL COPPS expansion of its activities in the judiciary and penitentiary spheres, expressed the Government's continuing strong support for the Mission and emphasised the development of Palestinian capability in law and order as a key condition for progress in the Middle East Peace Process. The extension of its mandate would, she says, enable it to continue to improve Palestinian capability in this area. It was, she said:

"particularly necessary as the Mission effectively lost 18 months of its original mandate due to being unable to engage with the Hamas-led Ministry of the Interior between February 2006 and July 2007 (the formation of the Fayyad government).

18.10 The extension would "compensate for this lost time, and ensure that the Mission is able to complete all the activities currently underway."

18.11 Turning to the Resource Implications, the then Minister said that:

—  the new financial reference for 2009 was €7 million (then approximately £5.6 million); the UK contribution, at approximately 17%, would therefore be approximately €1.2 million (then approximately £960,000);

—  the UK would also continue to contribute three personnel to the Mission, funded from the Whitehall Peacekeeping Budget.

Our assessment

18.12 We again reported this extension to the House because of the widespread interest in the Middle East Peace Process and in European Security and Defence Policy.

18.13 While not taking issue with the then Minister's views on the importance of developing Palestinian capability in this area, we did, however, note that the cost of the mission would now amount to over €20 million. So far, the only evaluation of its achievements was the Minister's comment that that Mission's expansion into the wider rule of law area had "enabled it to address more effectively the linkages between the police force and the broader rule of law." We presumed that the then Minister had not produced the proper assessment for which we had called because this was not the end of the mandate, but a further extension — in this case, for another two years.

18.14 We noted the need to be further Council action to cover financing in 2010. On that occasion, we asked the then Minister to provide a full assessment of the Mission's cost, achievements and, if appropriate, failings, and the lessons of particular and general application that will by then have emerged.

18.15 In the meantime, we cleared the document.[60]

The draft Council Decision

18.16 This Council decision amends the 2005/797/CFSP Joint Action in three ways. It:

¾  sets out new funding for the period of 1 January to 31 December 2010;

¾  clarifies the way in which the mission can recruit its staff;

¾   sets out language standardising the mission's "Project Cell", which will manage project activity.

The Government's view

18.17 In his Explanatory Memorandum of 27 November 2009, the Minister for Europe (Chris Bryant) reiterates the Government's strong support for the Mission, which he says "remains a high profile mission of increasing importance at the cornerstone of efforts by the EU to support efforts to achieve a comprehensive peace agreement to the Israeli-Palestinian conflict.

18.18 He notes that in 2009, under the leadership of the British Head of Mission:

"EUPOL COPPS has made progress in all areas of its mandate, ensuring Palestinian ownership for reforms. The mission has made particular progress in coordinating Member States' bilateral contributions, developing a Civilian Policing Model based on a 'serving-the-public' approach, and in starting implementation of an ambitious Criminal Justice Action Plan. The advisory section maintained its regular visits to the Palestinian Civil Police (PCP) Districts, supporting and advising PCP Officers, particularly District Commanders. Management training has also been developed and delivered to assist the commanders."

18.19 He also notes that "one of the greatest challenges faced by EUPOL COPPS in 2009 has been the under resourcing by member states of international staff position [and] … therefore welcomes using contracted staff to allow the mission to fully implement its mandate at this crucial time."

18.20 The Minister also notes that the draft Council Decision includes standardised language on a project cell for identifying and implementing projects:

"This provides limited programme funds to support projects that will increase the effectiveness of the mission. Such projects include: support on drugs awareness, community police training, support to intelligence led policing and support in the delivery of specialized investigation training courses, premises and equipment. The UK supports the mission's project work, enabling the mission to better fulfil its role as a key actor in the Occupied Palestinian Territories. Project cells are also established in EUSEC DRC, EUPOL DRC and EUPOL Afghanistan."

18.21 With regard to the Financial Implications, the Minister says that the financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period 1 January to 31 December 2010 shall be €6.65 million. (The Minister does not follow the normal practice of also denoting the cost in £s, or the cost to the UK, which is presumably the customary c.17%. He also makes no mention of the separate UK contribution, which we likewise presume will continue for a further year.)

18.22 Finally, the Minister says that the Council Decision must be approved at the General Affairs and External Relations Council on 7 December 2009.

Conclusion

18.23 The Mission has clearly come a long way from its modest beginnings four years ago, particularly given the difficult circumstances in which it has been operating, which are far removed from the hopes surrounding the creation of the "road map" that defines its purpose.

18.24 The UK contribution, and not just to the common costs, would appear to have been significant in its achievements thus far — which is plainly more than can be said of some other Member States (c.f. paragraph 18.19 above).

18.25 With still a year to go of this mandate, we accept that the Minister will have been unable to provide a full assessment of its achievements. However, in a year's time — whether the mandate is coming to an end, or a further extension is then proposed — we shall expect a much fuller assessment, i.e., one that gives meaning to the new "architecture for evaluation, lessons learned and best practices of civilian ESDP operations" that was promised at the end of the Portuguese Presidency two years ago (c.f. paragraph 18.7 above).

18.26 Our only present concern is that, with the Council Decision due to have been approved at the 7 December GAERC and with the Committee having been meeting the incoming Spanish Presidency last week, a scrutiny override has ensued. We understand, however, that the final draft Council Decision, including details of funding, was not received until late on 26 November; and that submission to the Council could not be postponed further because of the budgetary timetable. In these circumstances and on this occasion the Committee does not object to the Minister's action.

18.27 We now clear the document.

59   The committee of senior officials from national delegations who, under article 25 of the EU Treaty, monitor the international situation in areas covered by the CFSP and, under the general responsibility of the Council, exercise political control and strategic direction of crisis management operations. Back

60   See headnote: (30098) -: HC 16-xxxv (2007-08), chapter 13 (12 November 2008). Back