Identifier
Created
Classification
Origin
05BRUSSELS1649
2005-04-27 14:15:00
CONFIDENTIAL
Embassy Brussels
Cable title:  

EU'S CROATIA TASK FORCE REAFFIRMS ZAGREB MUST

Tags:  PREL HR ICTY EUN USEU BRUSSELS 
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271415Z Apr 05
C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 001649 

SIPDIS

E.O. 12958: DECL: 04/27/2015
TAGS: PREL HR ICTY EUN USEU BRUSSELS
SUBJECT: EU'S CROATIA TASK FORCE REAFFIRMS ZAGREB MUST
IMPROVE COOPERATION WITH ICTY


Classified By: Rick Holtzapple, PolOff, Reasons 1.4 (B/D)

SUMMARY
-------

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 001649

SIPDIS

E.O. 12958: DECL: 04/27/2015
TAGS: PREL HR ICTY EUN USEU BRUSSELS
SUBJECT: EU'S CROATIA TASK FORCE REAFFIRMS ZAGREB MUST
IMPROVE COOPERATION WITH ICTY


Classified By: Rick Holtzapple, PolOff, Reasons 1.4 (B/D)

SUMMARY
--------------


1. (C) The EU's ad hoc "task force" on Croatia met in
Luxembourg April 26 with ICTY Prosecutor Carla Del Ponte and
then with Croatian PM Sanader. Based on Del Ponte's
assessment that Croatia is still failing to fully cooperate
with the ICTY, the task force took no further action on
Croatia's EU bid. Although the task force agreed it should
not meet again until there were significant enough
developments to merit such a meeting, the Luxembourg
Presidency told EU ambassadors in Brussels (COREPER) the
morning of April 27 that they expected Croatia would be back
on the agenda at the June 13 GAERC. END SUMMARY.


2. (SBU) The EU, at its March 16 General Affairs and External
Relations Council (GAERC),postponed opening of accession
negotiations with Croatia, due to the GoC's failure to fully
cooperate with the ICTY. On March 23, EU leaders orally
agreed, after heavy lobbying from Austria, to establish an ad
hoc task force to examine the issue and report back to the
Council. The task force consists of the Luxembourg, UK and
Austrian Foreign Ministers (current and next two EU
presidencies),together with High Rep Solana and Enlargement
Commissioner Rehn.


3. (C) The task force's first meeting was held April 26 in
Luxembourg, just after a regularly scheduled session of the
EU-Croatia Stabilization and Association (SA) Council, which
follows the broader issues related to implementation of
Croatia's SA Agreement with the EU. Mia Asenius, chief
advisor to Rehn on Croatia, told us April 27 that the task
force meeting had gone "much better than I feared it might."
Despite being attended at ministerial level by all sides, it
was a "very low-key" event. ICTY Prosecutor Del Ponte gave a
very straightforward report in which she said her assessment
was basically unchanged. Del Ponte reportedly did make
reference to some positive steps, including the retirement of
150 police officers and a crackdown on the issuance of false
passports. With the press, Del Ponte was reported to have

said, "there will be full cooperation when Croatia delivers
Gotovina to ICTY or when Croatia informs about his
whereabouts."


4. (C) The task force then met with Croatian PM Ivo Sanader.
He handed over a list of achievements since March as well as
an action plan to improve cooperation with ICTY. The
Luxembourg Presidency has distributed the Croatian papers
(but not Del Ponte's presentation) to the EU Member States.
We have not seen a copy, but Asenius told us the plan
contained six parts: 1) a public relations campaign to inform
the Croatian public about the importance of ICTY compliance;
2) improving the credibility and effectiveness of Croatia's
intelligence services, including two new laws on intelligence
reform and on protection of sensitive information; 3)
addressing "support networks"; 4) coordinating efforts with
foreign intelligence services; 5) working toward a
multilateral network to fight organized crime; and 6)
preparing domestic judicial capacity to try war-crimes cases,
particularly those that might be referred by ICTY.


5. (C) Asenius said the task force told Sanader the EU would
follow with interest the implementation of this action plan,
but what would matter were results. They also noted that
several of the action plan's steps were clearly not short
term projects. Sanader himself had acknowledged that the
intelligence laws could not be adopted before June.


6. (C) Asenius was particularly pleased that with both the
Croatians and the press, Luxembourg FM Asselborn was very
clear EU policy was unchanged, that ICTY cooperation is "an
unavoidable precondition" before accession negotiations can
begin, and that such cooperation goes through the Hague, not
Brussels. Asenius added that Austrian FM Plassnik had also
behaved well during the task force, not taking any overtly
pro-Croatian spin. Asenius noted that Commissioner Rehn had
repeatedly stressed during the task force's private sessions
the need for the EU to send a unified message to Zagreb.
Plassnik claimed that the GoA was giving Croatia the same
message in Zagreb as the rest of the EU, "you have to do your
homework."


7. (C) In a debriefing by the Luxembourg Presidency to
COREPER on April 27, EU member states were told the task
force had decided not to set a date for any further meetings,
but to report orally to the Council, following consultation
with ICTY, when there had been significant further
developments. But, in a Presidency initiative that took our
UK and Commission contacts a bit by surprise, the Luxembourg
ambassador added that the Presidency judged it would be
appropriate to return to the dossier at the June 13 GAERC.
(NOTE: June 13 is also the date that Del Ponte is scheduled
to make her next presentation to the UNSC in New York. Due
to time differences, any GAERC discussion would likely take
place before Del Ponte's report. END NOTE.)

8. (C) COMMENT: So far the EU is holding firm with Croatia
that ICTY cooperation is a precondition. Just as important
are the references, such as Asselborn's above, that full
cooperation means satisfying the Hague, because implicit in
that message is that, if Del Ponte says full cooperation
means Gotovina in the Hague, then for the EU full cooperation
will mean Gotovina in the Hague. Having been surprised at
COREPER by the Luxembourg Presidency, we expect that the UK
and the Commission will now seek to ensure that any June 13
GAERC discussion of Croatian will be as banal as possible,
unless significant developments occur in the meantime. END
COMMENT.

MCKINLEY
.