Discussions on the creation of the new mission to monitor the arms embargo on Libya, which may be named Irene, are progressing slowly, according to several European sources consulted by EUROPE on Thursday 19 March.
Discussions are therefore continuing at all levels, whether in working groups, at the level of Ambassadors of the Political and Security Committee (PSC) or Member States’ Ambassadors to the European Union (Coreper).
Despite the political agreement from 17 February by the Foreign Affairs Council (see EUROPE 12427/4) and the willingness of the High Representative of the Union for Foreign Affairs and Security Policy, Josep Borrell, to reach an agreement on the legal decision on the establishment of the mission at the ministerial meeting on Monday 23 March, negotiations have stalled on two issues related to migrants who would be rescued by a ship of the future mission: disembarkation and repositioning of the mission’s vessels in the event of an influx of migrants.
Three options have been put forward concerning the disembarkation of migrants that could be recovered by vessels of the operation. It was the question of landing that led to the withdrawal of the ships from the EUNAVFORMed Sophia operation.
According to a document of the General Secretariat of the Council of the EU dated 18 March and obtained by EUROPE, the first option for landing is to leave the responsibility for implementing assistance measures to the authorities of the flag state of the vessels concerned. In such circumstances, it would be for that State to determine where to disembark the rescued persons, in accordance with international law, the document states.
The second option concerns an ad hoc mechanism which “establishes a shared responsibility between Member States within the framework of the military operation, and clearly identifies the ports of disembarkation”.
Finally, the third option would be hybrid, combining an interim flag State arrangement with the ambition to agree on an ad hoc mechanism at a later stage.
The second debate concerns the repositioning clause, also known as the ‘snap back mechanism’, which is the subject of “great sensitivity”, according to one diplomat.
Two Member States – Austria and Hungary, according to this diplomat – are opposed to the latest proposal of the European External Action Service (EEAS). The latter proposes that the PSC should assess regularly – every 3 or 4 months – the impact of the deployment of the operation’s maritime assets in a given area on migratory flows. The PSC could then revoke the authorisation for deployment in this area if evidence gathered on the basis of defined criteria shows that such deployment has a pull effect on migration flows.
“In this case, maritime assets will be removed from the area by the Operation Commander and repositioned”, says the EEAS proposal.
However, according to the document from the General Secretariat of the Council, Vienna and Budapest are calling for regular re-authorisation, every 2 or 3 months, of the deployment of naval assets by a unanimous decision of the PSC. This proposal has been rejected by several Member States, which consider that it would have operational consequences and could set a precedent for future EU operations.
In addition, Austria and Hungary reportedly expressed reservations on the procedure for the return of the naval assets after their withdrawal via the repositioning clause. They require a unanimous decision of the PSC to authorise such a return. Other delegations stressed the risk of a possible instrumentalisation by third parties of a repositioning clause, again according to the document.
However, according to a European source, the Member States have agreed on the need for a unanimous decision on whether or not to redeploy resources in the event of an influx of migrants.
Furthermore, according to the Council document, the following questions remain open: a possible reference to arms trafficking, information sharing, the use of aerial surveillance in Libyan airspace or the participation of a third State.
A multidimensional mission
According to the draft Council Decision, the mission should be led by the current Operation Commander of Sophia, Fabio Agostini (see EUROPE 12429/34), and keep its headquarters in Rome. His initial term of office runs until 31 March 2021.
Mission Irene, whose main task should be to “contribute to the implementation of the UN arms embargo on Libya through air, satellite and maritime means”, could also, as a secondary task, “contribute to the implementation of UN measures against illicit oil exports from Libya”, including crude oil and refined petroleum products. Through there had once been talk of its predecessor, Sophia, monitoring oil movements, it never had the mandate to do so.
In addition, Irene is expected to take over from Sophia regarding “capacity building and training of the Libyan Coast Guard and Navy in law enforcement tasks at sea, including the prevention of smuggling and trafficking in human beings”. The contribution to the fight against human trafficking networks, which was the main task of the Sophia mission, would thus become a secondary mission of the new mission.
Although discussions on the Irene mission are stalling, member states agreed not to extend the EUNAVFORMed Sophia mission, whose mandate will end on 31 March, one source told EUROPE. (Original version in French by Camille-Cerise Gessant)