EUROPEAN SECURITY: DEVELOPMENT AND PRACTICE OF THE FOREIGN AND SECURITY POLICY OF THE EUROPEAN UNION (EU) (Filed as Zagreb Introduction Lecture) 1. It is a great pleasure and a privilege to speak on European security at the Diplomatic Academy in Zagreb, where I spent three fascinating years as UK Ambassador from 1997-2000, followed by a year as Deputy High Representative in Bosnia and Herzegovina, based in Mostar. 2. I have divided the subject into three parts. We shall look first at the development and practice of the EU’s foreign and security policies, focussing on the 57 countries that participate in the Organisation for Security and Cooperation in Europe (OSCE). The most difficult relationship is with Russia. Russia will feature in this session, but I shall deal also with the present crisis in our the third session, on the 40th anniversary this year of the Helsinki Final Act of the Conference on Security and Cooperation in Europe, and the 25th anniversary of the Charter of Paris for a New Europe. The second session will focus on Former Yugoslavia. 3. A senior British diplomat said in 1996, just after the end of the war in Bosnia and Herzegovina (BiH), that as diplomats spend their lives working in the midst of history, they had better try to understand it. So, I’ll begin with some history. Winston Churchill (WSC), by this time in opposition in the UK, made two influential speeches in 1946. The first was his “iron curtain” speech in Fulton Missouri, home base of US President Truman. Speaking before Tito’s break with Stalin in 1948, Churchill perceived the iron curtain as running from Stettin (Szczecin) on the Baltic to Trieste on the Adriatic. The second was his “Europe unite” speech in Zurich. WSC appealed to the US to remain engaged in Europe, and contribute to its defence and reconstruction in view of the growing threat to freedom, democracy and prosperity posed by an erstwhile ally, the Soviet Union. He appealed to France and Germany to overcome their enmity. “We must build a kind of United States of Europe” WSC had in mind that the peace treaties concluded in Paris after the First World War had failed to prevent a second, for three reasons in particular: US withdrawal from Europe, and failure to join the League of Nations devised by President Wilson. The absence of Russia. The lack of lasting, solidly based reconciliation between the principal protagonists. 4. In 1946 WSC envisaged the UK playing the role of benevolent semi detached supporter of a united Europe, at the centre of three concentric circles of power and influence: in its relationships with the US, in a revived Europe, and in the still intact British Commonwealth and Empire. 5. WSC’s appeals were heeded, in both the US, and in the parts of Europe that had not come under the control of the Soviet Union behind the “iron curtain”. The coup that Stalin engineered in Czechoslovakia in 1948, and his attempt, that began in the same year, to drive the Soviet Union’s former allies out of Berlin, fostered the process of European recovery and reconciliation. During the Soviet blockade of Berlin, the Mayor, Ernst Reuter, showed the world a different kind of German leader, brave, charismatic and democratic. The Federal republic of Germany (FRG) was able to join the Council of Europe (founded by the Treaty of London on 5 May 1949), guardian of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which entered into force on 3 September 1953, already in 1950. 6. Among those who, like Churchill, had experienced at first hand the failed post WW1 peace settlement, was the League of Nations’ first Deputy Secretary General, Jean Monnet (JM), a political economist who had acted as an adviser to the French delegation in 1919. Monnet had advised against imposing punitive reparations on Germany, but the British and French governments rejected his proposals for a new European economic order based on cooperation between victors and vanquished. He returned to the charge after WWII. It was obvious that without a German recovery, there would be no European recovery. The circumstances were thus propitious for JM’s ideas to be put into practice. The EU began (with the European Coal and Steel Community (ECSC) – one of Monnet’s proposals – established by the Treaty of Paris in 1951), as a peace-building project that would use economic means to build an “ever closer union”, based on comprehensive Franco-German reconciliation. 7. The US contributed economically through the Marshall Plan. The European Recovery Programme was launched in April 1948 and the new German currency, the Deutschmark (DM) two months later. The US led North Atlantic Treaty Organisation (NATO), established by the Washington Treaty in April 1949, has been the cornerstone of peace and security in Europe ever since. Article 5 provides that an attack on one member of the Alliance is an attack on all. I should add that early plans for a European Defence Community were rejected by the French parliament in 1954. The UK then made a commitment through the Western European Union – a defence organisation set up before NATO – to station troops in Germany: a commitment to forward defence against the Soviet Union. The WEU has been wound up (2011) and its tasks and institutions folded into the EU’s foreign and security apparatus, through the Lisbon Treaty. Meanwhile, ECSC members began negotiations for a wider European Economic Community. The UK stood aside in view of the loss of sovereignty that would be involved – an historic mistake. 8. When the Treaty of Rome entered into force on 1 January 1958, Western Europe possessed three effective regional organisations: Promoting democracy, human rights and the rule of law (the Council of Europe), Security against the Soviet threat (NATO), Prosperity and ever-closer union (European Economic Community). The six founding members of the EEC were also members of NATO and the COE. The contrast with the post world war one period could hardly be greater. 13 years after the armistice in 1918, Austria’s largest bank, the Credit Anstalt, crashed, on 5 May 1931, precipitating an enormous crisis that contributed to the Nazis’ rise to power. 9. However, in 1958 the Cold war was at its height. The Soviet Union asserted that the Western powers were abusing their position in Berlin to subvert the Soviet bloc. West Berlin should become a demilitarised free city. This crisis culminated in construction of the infamous Berlin Wall, which began on 13 August 1961. The Wall influenced much that followed. A new “Ostpolitik” was needed. In 1967 NATO adopted the report of the Belgian foreign minister Pierre Harmel. In future the alliance would not only deter Soviet aggression, it would also be open to dialogue and cooperation with the Warsaw Pact. The Harmel report, the election in 1969 of Willy Brandt, the first Social Democratic Chancellor in Germany since 1930, the 1971 Berlin agreement, and renunciation of force treaties (which came into force in 1972) between the FRG, the GDR, Poland, and the Soviet Union, taken together, amounted to a significant change in the Western position. 10. The Soviet Union had changed its position also. It had compromised over Berlin, and abandoned proposals, characteristic of Soviet peace and security propaganda initiatives in the mid 1950s, to exclude the US and Canada from Europe. It now sought a European Security Conference that would serve as a substitute peace treaty, confirming its hold on territory conquered by the Red Army in 1944-45. 11. The CSCE negotiations, which began in late 1972, were very important for the development of foreign and security policy coordination in (what is now) the EU. European Political Cooperation (EPC) had begun as an informal consultation mechanism in 1970. In preparations for the CSCE it became operational. Common positions, focussed on democracy and human rights, were worked out for negotiation with the US, the Soviet Union and neutral and non-aligned countries such as Yugoslavia. The opening of the negotiations in Helsinki coincided with the first enlargement, which included the UK, Denmark, and Ireland. Ireland’s membership was important in that the EEC now had a neutral and non-aligned state in its ranks. 12. For EEC member states the Helsinki Final Act (HFA, 1975) was the human rights benchmark. In a country such as Romania where I served in 1981-82, representatives of EEC embassies would draw up reports for Brussels, drawing on our experience, for example in granting of marriage visas, treatment of journalists and dissidents. Unanimity was not always easy. The FRG was always anxious to avoid giving countries such as Poland – martial law and the rise of Solidarnosc was the big issue of the 1980s - an excuse to accuse it of revisionism. NATO coordination followed much the same pattern. 13. In July 1974 the Greek junta (which had seized power in 1967) contrived a coup d’etat in Cyprus, and proclaimed union with Greece. The coup precipitated a Turkish invasion a few days later, and partition of the island, which persists to this day. The invasion precipitated the fall of the junta; Greece’s return to democracy and the Council of Europe, revival of the Association Agreement concluded in 1962, and, in 1975 an application for membership. The Commission’s opinion was, unsurprisingly, negative. Greece was a poor country compared with all existing members except perhaps Ireland. Its democratic credentials were not well established. However, personal friendship between the French President Giscard d’Estaing and the Greek Prime Minister Constantin Karamanlis, who had spent the junta years in Paris, worked wonders. The Council overturned the Commission’s opinion and Greece, perceived as the birthplace of democracy, joined in 1981. Nine became ten in the second enlargement. 14. The third enlargement involved Portugal and Spain, both still fascist dictatorships in the early 1970s, although Portugal had been a founding member of NATO. Rapid revolutionary change began in Portugal in April 1974. Initially it looked as if radicals and communists would gain the upper hand in the Carnation revolution, but liberal democracy eventually took hold. Portugal applied to join the EEC in 1977 and was admitted in 1986. In Spain, after Franco’s death in 1975, King Juan Carlos masterminded the establishment of liberal democracy. Spain joined NATO in 1982, and the EEC together with Portugal in 1986. Ten became twelve. 15. The fourth enlargement involved three prosperous democracies, Austria (applied in July 1989), Sweden (July 1991), Finland (March 1992). Neutrality and non-alignment were no longer perceived as impediments to membership of what was a NATO club – apart from Ireland. On 1 January 1995 twelve became 15. 16. Let us now take stock of this democratic peace-building project as the cold war came to an end. It had six drivers. First, determination that Europe should never again destroy itself by war. Second, the Soviet threat had brought erstwhile friends and foes together under a US led security umbrella. Third, Germans sought to rehabilitate and reunify their country in a European Germany, not a German Europe. Fourth, France aimed at leadership of Europe with institutions based on the French system. When de Gaulle spoke of Europe, he meant France. For many Italians, government from Brussels was better than government from Rome. Fifth, the Benelux countries perceived the Commission as the institution that would protect the interests of smaller countries. The Dutch always wanted to include the UK as an Atlanticist free trading country. Sixth, there was a broad consensus in favour of Keynesian economic policies, the need to avoid another great depression, and the expansion of world trade, including with the EEC’s neighbours in central and Eastern Europe. 17. Two processes were at work: internally, integration, known as deepening, and externally, enlargement, known as widening. Both made progress but were controversial. De Gaulle, opposed to integration and the growing power of the Commission, paralysed the Community in the mid 1960s with his empty chair policy, until the “Luxembourg compromise” was worked out. If a member state declared a vital national interest, a compromise acceptable to that state would be worked out. Enlargement was controversial too, and not only in the case of Greece. De Gaulle had opposed enlargement to include the Atlanticist UK. In the 1980s French farmers worried about cheap Spanish fruit, vegetables and wine. And always there were claims that widening was the enemy of deepening – the ever closer union. 18. On the eve of the fall of the Berlin Wall (on 25 October 1989) President Mitterrand proposed, at a meeting of the European Parliament in Strasbourg, the idea of a European Bank to respond to the major changes that were taking place in central and Eastern Europe. With remarkable speed, the agreement to establish the European Bank for Reconstruction and Development (EBRD) was ready for signature by May 1990, while preparations for the second CSCE summit gathered pace in Vienna. The EBRD began operations in April 1991. Article One of the EBRD’s charter marks it out as the first post cold war institution. It would assist only those countries that were committed to, and applying the principles of, multi party democracy and pluralism. 19. The EC (as it then was) responded in 1989 to developments in Poland and Hungary, the Warsaw Pact members that were in the vanguard of the movement to liberal democracy and a market economy, by establishing the Poland and Hungary: Assistance for Restructuring their Economies (PHARE, the French word for lighthouse) programme. It was subsequently extended to cover all the central and Eastern European states that joined the EU in 2004 and 2007. As in Western Europe, economic means would be used to promote democracy and human rights. 20. By the time the EBRD began operations, in 1991, Germany had been unified and the Cold War closed down at the second CSCE summit. But how should the EC develop now? Should there be more widening, more deepening, or both? In 1969 a plan had been drawn up, for Economic and Monetary Union (EMU). It was never implemented, but in 1988, under the chairmanship of Commission president Jacques Delors, who certainly knew about leadership, EMU was revived. On the basis of my experience in Frankfurt from 1990-93, I agree with those who say that Germany agreed to the Euro in return for French acquiescence in unification. So, twelve member states faced two challenges after the Paris summit, or three if one includes integrating the GDR, where the economy had collapsed. On the one hand, preparing for EMU, the most ambitious step yet in terms of integration/deepening. On the other, dealing with requests for admission from countries such as Poland, the most ambitious step yet in terms of widening/enlargement. Poland’s GDP per capita at purchasing power parity in 1991 was $9169, compared with the UK’s $23542. In 2013 it was $22,513 compared with the UK’s $35,013. Poland is catching up. 21. In June 1993 the EU agreed that enlargement to include countries such as Poland was no longer a question of if, but of when, and on what conditions. The EU prescribed criteria – the Copenhagen criteria - that a state demonstrably had to meet before accession: Stability of institutions guaranteeing democracy, the rule of law, human rights and respect for, and protection of minorities. The existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the EU. The ability to take on the obligations of membership including adherence to the aims of political, economic and monetary union. The bar was raised higher a couple of years later by stipulating that candidates had to be able to transpose European Community legislation into national legislation, and implement the latter. Extensive programmes of assistance were put in place to enable candidates to meet these exacting criteria. 22. On 1 November 1993 the Maastricht Treaty entered into force for twelve member states. It established Common Foreign and Security Policy (CFSP), to “assert the EU’s identity on the international scene”; including through “Joint Actions”. The first CFSP Joint Action supported democratic transition in South Africa. The second supported a French proposal for a Pact on Stability in Europe that had been proposed in June of that year by the French Prime Minister Edouard Balladur. It was designed, according to the French government, to promote cooperation between countries of the former Warsaw Pact which “may eventually be associated to varying degrees with the European Union”, a far cry from the not if but when formula in the Copenhagen criteria agreed in the same month, by the French President. Prospective candidates and countries such as the UK and Germany suspected a French ploy to slow down enlargement. And with good reason. Potential candidates were supposed to address first issues concerning frontiers and minorities, and this at a time when there was war in parts of Former Yugoslavia. Many issues affecting frontiers, nationalism and minorities had been swept under the carpet in the Warsaw Pact and Yugoslavia. Hungarians had not forgiven France for taking the lead in dismembering their country in the Treaty of Trianon in 1920. The Czechs feared a critical reappraisal of the expulsion of ethnic Germans and seizure of their property after World War Two - the Benes degrees which would nowadays be regarded as imposing collective guilt followed by ethnic cleansing. How were the Baltic States supposed to handle large Russian minorities? 23. The circle was squared by a typical EU compromise. The French conceded that the Pact could speed up, but not slow down enlargement. Countries such as the UK and Germany recognised that it contained a very good idea – good neighbourliness. On this basis the idea of a pact was endorsed at an inaugural conference in Paris in May 1994. Regional round tables were set up: one for the Baltic States and Russia, the other for the countries of Central and Eastern Europe. Frontier change was dropped. The issue was minorities. The OSCE High Commissioner on National Minorities (HCNM) – a post created in 1992 stepped in. The HCNM, the late Max van der Stoel, became in effect the chief negotiator of the Pact signed in Paris on 21 March 1995 by 52 states, proclaiming “an area of lasting good neighbourliness and cooperation in Europe”. Responsibility for follow up was assigned to the OSCE. 24. The COE had drawn up a Framework Convention for the Protection of National Minorities( FCNM), which entered into force in 1995. There was progress in relations between Hungary and Slovakia, and Hungary and Romania, but Russia took a zero sum game approach to the Pact – good for the Balts equals bad for Russia. There was, and still is, a particular problem in countries such as BiH where nobody wants to be downgraded from the status of member of a constituent nation, to member of a national minority. And of course there was an irony in this proposal emanating from France. Minorities are not recognised under the French constitution. France has not ratified the FCNM. The US was reluctant to support a project that had not been invented in Washington, and in 1996 launched an initiative of its own, the South East Europe Cooperative Initiative (SECI). After the end of the war in BiH, the EU attempted to extend the Pact to countries such as Serbia and BiH through the Royaumont –the abbey near Paris where we met in December 1995 – process. The Stability Pact for South East Europe was launched in 1999, and replaced by the Regional Cooperation Council based in Sarajevo in 2008. 25. There are lessons to be learned from these initiatives: for the EU, the COE, NATO and the OSCE. The first and most important is that leverage and incentives work before a country joins a club. Look at the situation regarding the rule of law in Russia, which was admitted to the COE in 1996, as indeed was Croatia. Second, a realistic prospect of EU membership is a powerful incentive to reform. Third, regional organisations can work together if, but only if there is consensus on a common objective, and a willingness to eschew turf wars. The EU has started negotiations on accession with Montenegro and Serbia, but not with the Former Yugoslav Republic of Macedonia. Greece objects to the name. Five EU member states – Greece, Slovakia, Romania, Cyprus and Spain - have not recognised Kosovo. 26. The Copenhagen criteria, the Stability Pact and assistance programmes such as PHARE set the framework for enlargement negotiations. Poland and Hungary applied to join in 1994, Bulgaria, Latvia, Lithuania, Romania and Slovakia in 1995, the Czech Republic and Slovenia in 1996, Estonia in 1997. Bulgaria and Romania had more to do to meet the accession criteria than central European countries such as the Czech Republic. 27. Widening and deepening continued: On 1 May 1999 the Amsterdam Treaty entered into force for 15 member states. It created the post of High Representative to project the EU’s values to the outside world, and provided for the elaboration of common strategies. In 1999 the euro was adopted as an accounting currency. On 1 January 2002 coins and banknotes entered into circulation in the six original signatories of the Treaty of Rome. At purchasing power parity the Euro zone is now the second largest economy in the world. On 1 February 2003 the Nice Treaty entered into force for 15 member states. In CFSP it prepared the EU for the enlargement of 2004. On 12 December 2003 15 member states adopted the European Security Strategy, “A Secure Europe in a Better World.” On 1 May 2004 the largest single expansion of the EU took place with the accession of seven countries that had been in the Warsaw Pact, plus Slovenia, Cyprus and Malta. Bulgaria and Romania joined in 2007. In 2004 the EU launched its Neighbourhood Policy for countries, including Russia, not part of the enlargement. The EU proposed cooperation with Russia and others in four “common spaces” identified in the European Security Strategy: 1) The Economy; 2) Freedom Security and Justice; 3) External Security; 4) Research, Education and Culture. Membership negotiations with Croatia and Turkey began in 2005. They were protracted because by then it was evident that Bulgaria and Romania had received promises of accession by a specific date without due regard to their actual ability to comply with the Copenhagen criteria. In Croatia’s case weaknesses in the judiciary, organised crime, and corruption caused concern. Croatia’s accession on 1 July 2013, when 27 became 28, is likely to be the last for some time. Negotiations with Turkey are effectively on hold. An ambitious integration project, a “Constitution” which would have replaced existing treaties was rejected in referenda in France and the Netherlands in 2005. The EU was gripped by what the Economist described as “existential angst.” Resolving this crisis took four years. There was little energy or interest in Brussels or most EU capitals in seizing opportunities for extending the EU’s influence in Georgia and Ukraine after the Roses and Orange revolutions, by defining these countries as potential candidates. The crisis was resolved in 2009 by the Lisbon Treaty accepted by 27 states. It amended existing treaties, a abolished the three-pillar structure, and enhanced the EU’s legal personality. Negotiations continue on EU accession to the European Human Rights Convention. 28. For countries such as Poland, Sweden, and the Czech Republic the European Neighbourhood Policy (ENP) fell short of what was required to bring stability, democracy and prosperity to its neighbours. 29. The Eastern Partnership (EaP) was launched during the Czech presidency in May 2009, much to the annoyance of Russia. Foreign Minister Lavrov – who was not invited to the conference in Prague - perceived “overlap” in the post Soviet space, and opposed plans for Association Agreements between countries such as Ukraine and the EU. Matters came to a head at the Vilnius summit in 2013, precipitating the Maidan protest, which led to the fall and flight of Yanukovich. Nor was Russia invited to the most recent conference in Riga last month. The communiqué provided firm backing for Ukraine and Georgia. Respect for “sovereignty and territorial integrity cannot be taken for granted in the 21 st century on the European continent. The newly appointed governor of Odessa Oblast, Miklheil Saakashvili told Georgian media that countries such as Georgia and Ukraine should join the EU as soon as possible. 30. In the light of developments since the fall of Shevardnadze in December 2003, it is clear that Putin perceives the EU’s policies in Eastern Europe, especially in Ukraine, as posing an existential threat, not to Russia of course, but to his corrupt oligarchic regime. The epitaph for the common neighbourhood is to be found in the EU Foreign Policy Scorecard for 2014. “Europe was unprepared for Moscow’s retaliation against Ukraine’s European choice and ill equipped to deal with Vladimir Putin’s use of force and explicit rejection of the post Cold War European order.” Conclusion 31. The EU’s annual “Foreign Policy Scorecard” marks performance from A to D. For example “Relations with the US on the Balkans and Eastern Europe” get B+ in the latest assessment, and the response to the immigration crisis in the Mediterranean only D+. It would be even less now. But the assessment of European Security sums up well. “The overall security picture in Europe in 2014 saw us going back to the future. The threat of Russian aggression in Europe’s east has reanimated NATO, and has even led to increased public consideration of NATO membership in Finland and Sweden, a debate hardly imaginable two years ago. Europe was unprepared for Ukraine’s European choice. Policies were based on illusions.” So, for EU foreign policy coordination the challenge is reminiscent of 1973 – how to live in peace with a large and troublesome neighbour.