UNNUMBERED DOCUMENT DISSOLUTION EXPLANATORY MEMORANDUM ON THE EUROPEAN UNION’S COMMON FOREIGN AND SECURITY POLICY Council Decision appointing the European Union Special Representative for the Middle East peace process Submitted by the Foreign and Commonwealth Office on 7 April 2015. SUBJECT MATTER 1. On 27 January 2015, EU HR Mogherini wrote to EU member states proposing to appoint a new EU Special Representative (EUSR) for the Middle East Peace Process. A number of proposed candidates were put forward by EU Members States. The UK did not have a preferred candidate. At the Foreign Affairs Council meeting on 16 March 2015, Mogherini announced Fernando Gentillini (Italian, Director for Western Europe, Western Balkans and Turkey, EEAS) as the new EUSR MEPP. No EU Member State objected to his candidacy. 2. Gentillini is a senior Italian diplomat. He is well connected in Brussels, has strong negotiation skills and an excellent understanding of Common Security and Foreign Policy issues and EU external relations. He has worked on conflict issues including Afghanistan and most recently the Western Balkans and was previously EUSR on Kosovo, where he was well regarded by the parties to the dialogue. He has no background in Middle East issues but this may not necessarily hamper his efforts as it will mean he has a clean slate with both parties. 3. The previous EUSR MEPP, Andreas Reinicke, stepped down from the role in December 2013. The roles and responsibilities were then transferred to the EEAS in the interim, with Helga Schmidt (EEAS Deputy Secretary General) acting as envoy to the HR. 4. The UK welcomed the decision to re-establish the position of EU Special Representative for the Middle East Peace Process, as it was viewed as a visible demonstration of EU and Member States’ commitment to making progress on the peace process and enhancing the EU’s engagement. 5. The draft sets out the High Representative’s proposals for the mandate. The mandate will be based on the EU’s policy objectives regarding the Middle East peace process, including pursuing a comprehensive peace and a two-State solution. This will involve: actively pursuing appropriate international initiatives to create a new dynamic for negotiations; providing an active and efficient Union contribution to actions and initiatives aiming to achieve a final settlement of the Israeli-Palestinian conflict based on the two-state solution; 6. facilitating and maintaining close contact with all the parties and other relevant countries and international organisations, paying particular attention to factors affecting the regional dimension of the peace process, to the engagement with Arab partners and to the implementation of the Arab Peace Initiative; supporting peace negotiations and contributing to the implementation of international agreements reached and; contributing to efforts to bring about a fundamental change leading to a sustainable solution for the Gaza Strip. The government supports this approach. Written procedure is expected to be launched during week commencing 14 April 2015. We have placed a scrutiny reserve on this draft. Sweden has also put down a scrutiny reserve but we expect them to lift this on 1 April 2015. SCRUTINY HISTORY 7. An Explanatory Memorandum on the Council Decision repealing Decision 2013/350/CFSP amending and extending the mandate of the European Union Special Representative for the Middle East peace process was last submitted for Parliamentary Scrutiny on 6 January 2014. The House of Commons European Scrutiny Committee cleared the document as “politically important” on 15 January 2014 (ESC 35701, 30th Report, Session 2013/14). The House of Lords Select Committee on the European Union cleared the document on 14 January 2014 at the Chairman’s sift. 8. An Explanatory Memorandum on the Council Decision extending the mandate of the European Union Special Representative for the Middle East peace process was submitted for Parliamentary Scrutiny on 19 June 2013. The House of Commons European Scrutiny Committee cleared the document as “politically important” on 26 June 2013 (ESC 35061, 7th Report, Session 2013/14). The House of Lords Select Committee on the European Union cleared the document on 27 June 2013 after referral to Sub-Committee C. MINISTERIAL RESPONSIBILITY 9. 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 10. 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. LEGAL AND PROCEDURAL ISSUES 11. Legal Basis: Article 31 (2) and 33 of the Treaty on European Union. 12. Voting Procedures: QMV. 13. Impact on UK Law: None. 14. Application to Gibraltar: Yes. 15. Fundamental rights analysis: No fundamental rights issues apply. APPLICATION TO THE EUROPEAN ECONOMIC AREA 16. None. SUBSIDIARITY 17. As the EU Special Representative is appointed to represent the Council, it is appropriate that this decision is taken at EU level. REGULATORY IMPACT ASSESSMENT 18. Not applicable. FINANCIAL IMPLICATIONS 19. EUSR’s are funded from the EU’s Common Foreign Policy and Security Policy Budget, of which the UK currently contributes 17.5%. 20. A political decision still needs to be taken on where the EUSR will be based. The cost of the EUSR’s mandate for financial year 2015/16 is currently calculated to be €1,980,000, based on costs associated with accommodation and office in Jerusalem. 21. The Service for Foreign Policy Instruments (FPI) have confirmed that there is no capacity to host the EUSR office with the EUDEL office and that the budget was based on the previous one for MEPP and is consistent with the guidelines and other EUSR budgets. However, there is a large contingency within it to allow for the confirmation of where the office will be finally located to provide the flexibility within an agreed level. 22. The number of total staff has remained the same although a greater number of these staff will be based in Jerusalem rather than Brussels. This has therefore increased the personnel costs. Establishing a new office also means an increase in running costs. The UK has suggested that savings should be made wherever possible (including mission costs on travel and running expenditure) in order to reduce overall costs. 23. Itemised Breakdown of costs: Budget heading 1. Personnel costs Proposed budget 551,269.29 2. Missions 262, 316 3. Running expenditure 1,077,480 4. Capital expenditure 5. Representation 33,750 8,400 Sub-total (1-5) 1,933,215.29 Contingencies 46, 784.71 Total 1,980,000 TIMETABLE 24. The draft was discussed in RELEX on 26 March 2015 and put under silence procedure. Written procedure is expected to be launched on week commencing 14 April 2015. We have placed a scrutiny reserve on this draft. Sweden has also put down a scrutiny reserve but we expect them to lift this on 1 April 2015.
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