UNNUMBERED DOCUMENT
EXPLANATORY MEMORANDUM ON A EUROPEAN UNION DOCUMENT
Council Decision on the signing and conclusion of the Agreement between the
European Union and Georgia establishing a framework for the participation of
Georgia in European Union crisis management operations
Submitted by the Foreign and Commonwealth Office on 23 October 2013.
SUBJECT MATTER
1.
The attached document seeks to approve the signing and conclusion of a
Framework Participation Agreement (FPA) between the EU and Georgia
establishing a framework for the participation of Georgia in European Union
crisis management operations.
2.
An FPA outlines the rules under which a third state may deploy personnel to EU
crisis management operations, such as EUNAVFOR ATALANTA, the counter
piracy mission off the Horn of Africa, or the civilian rule of law mission
EULEX Kosovo. Similar agreements have already been signed with many other
nations including the Republic of Korea, Chile and Australia.
SCRUTINY HISTORY
3.
There is no previous scrutiny history concerning an FPA between the EU and
Georgia on this issue. An Explanatory Memorandum on a Framework
Agreement for Georgia’s participation in Union programmes was submitted for
Parliamentary Scrutiny on 22 August 2013 with a Supplementary EM being
submitted on 8 October 2013. The House of Commons European Scrutiny
Committee has yet to consider the documents (ESC 35229 & 35230). The
House of Lords Select Committee on the European Union cleared the
documents on 3 September 2013 at the Chairman’s sift.
MINISTERIAL RESPONSIBILITY
4.
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. The Secretary of State for Defence and the Minister for the
Cabinet Office will have a policy interest in the strengthening of the EU’s
ability to act through the development of civilian and military capabilities in
conflict prevention and crisis management.
INTEREST OF THE DEVOLVED ADMINISTRATIONS
5.
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
6.
The UK supports greater participation by third states in EU crisis management
operations as non-EU personnel can bring additional resources and expertise to
the table. We believe that facilitating third state participation can help to
improve the overall impact and effectiveness of EU operations. The procedure
for deploying third state personnel usually relies on ad hoc agreements being
reached with third states for each EU mission. The attached FPA sets out the
rules by which Georgia may deploy personnel to all EU crisis management
operations. EU Member States will retain the authority to open or close an EU
operation to contributions from Georgia if required.
7.
The UK Government supports and welcomes the proposed FPA for Georgia.
The UK remains a strong supporter of Georgia’s progression towards closer ties
with the EU as part of our long-standing support to the enlargement of the EU
and strengthened ties in the Eastern Neighbourhood region. Georgia hopes to
initial its Association Agreement with Deep and Comprehensive Free Trade
Area at the Eastern Partnership Vilnius Summit in November, and it has strong
policy aims to move closer to EU norms and standards.
8.
The South Caucasus is of strategic importance to the UK and the EU. Continued
stability in this region is key for the UK’s prosperity and energy security goals,
and it is therefore strongly in our interests that Georgia continues along its EU
path. The EU plays an important role in conflict resolution in Georgia through
the EU Special Representative for the South Caucasus and the EU Monitoring
Mission, which provides an effective monitoring presence along the
Administrative Boundary Lines between Georgia and its breakaway regions.
Closer political association and greater economic integration into the EU is the
most effective way to promote reform and modernisation in Georgia, as well as
contributing to conflict resolution.
9.
More broadly, Georgia is already making a significant contribution to ISAF
forces in Afghanistan, with around 1725 troops deployed. There are no
restrictions on where they operate, and they are currently the largest non-NATO
troop contributor to ISAF. Georgia has expressed strong willingness to
contribute to EU missions and the UK is already supporting the efforts of the
EEAS to prepare Georgian personnel for working in EU missions.
10.
The preamble and first section (articles 1.1-1.6) of the agreement ensure that the
EU’s decision-making autonomy is not affected:
- Georgia can only participate in a mission once it has been invited by the EU.
The Council agrees by unanimity to open a civilian Common Security and
Defence Policy mission to contribution from third states and which
countries should be invited to participate. Effectively, this means that any
Member State has a veto on whether a third state can or cannot participate in a
given mission.
- Article 1.2 states that the EU shall provide Georgia with an early indication of
the likely Georgian contribution to the common costs or to the costs as set out
in the operational budget, in accordance with articles 8 and 12, with a view to
assisting Georgia in the formulation of any proposed contribution. This
ensures that Georgia’s participation is consistent with the aims and objectives
of crisis management operations that are agreed by EU member states.
SUBSIDIARITY
11.
The proposed action is better achieved at the EU level because the agreement
establishes a framework for the participation of Georgia in EU crisis
management operations, not in operations by member states.
LEGAL AND PROCEDURAL ISSUES
12.
Legal Basis: Article 37 of the Treaty on European Union and Article 218,
paragraphs 5 and 6, of the Treaty on the functioning of the European Union.
13.
Voting Procedures: Unanimity.
14.
Impact on UK Law: None.
15.
Application to Gibraltar: Yes.
16.
Fundamental rights analysis: No fundamental rights issues apply.
APPLICATION TO THE EUROPEAN ECONOMIC AREA
17.
None.
REGULATORY IMPACT ASSESSMENT
18.
Not applicable.
FINANCIAL IMPLICATIONS
19.
As set out in Articles 7 and 11 of the agreement, Georgia shall assume all the
costs associated with its participation in the operation apart from the running
costs, as set out in the operational budget of the operation. Running costs are
negotiated on a mission by mission basis, and in the case of civilian missions
met from the Common Foreign and Security Policy Budget. The running costs
of military operations are met directly by EU Member States.
TIMETABLE
20.
Once the FPA is agreed by Council (the planned date for adoption is at the
Foreign Affairs Council on 18 November 2013), it will be shared with the
Georgians for translation and further discussion as necessary. Completion of the
agreement is therefore likely to be some weeks or months away.
OTHER OBSERVATIONS
21.
None.
The Rt Hon David Lidington MP
Minister for Europe
Foreign and Commonwealth Office