EU SUMMIT AUTHORIZES ESDP MISSION FOR KOSOVO

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 003513

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/17/2017
TAGS: PREL EUN ESDP KV
SUBJECT: EU SUMMIT AUTHORIZES ESDP MISSION FOR KOSOVO

Classified By: Acting DepPolCouns V. Carver for reasons 1.5 (b/d).

SUMMARY
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1. (C) The European Council (summit) in Brussels December 14
endorsed an ESDP Mission for Kosovo, overcoming Dutch and
Cypriot reservations. The summit mandated Solana to prepare
the mission "in discussion with the responsible authorities
in Kosovo and the United Nations." Some contacts see the
summit's conclusions as providing UN SYG Ban a basis to
"welcome" the EU's decision. The Romanian and Italian
missions noted the united EU political decision will provide
needed political cover to deflect domestic criticism on
moving forward on Kosovo. The four EU members of the Quint,
assisted by the Portuguese Presidency and Solana, sought the
strong forward-leaning language. END SUMMARY

POLITICAL DECISION TO LAUNCH ESDP MISSION
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2. (C) Contacts from several missions confirmed that the
European Council conclusions mark a strong political decision
to launch the ESDP Mission in Kosovo. The timing and exact
modalities, including specifying its legal basis, will be
determined by FMs, likely at their January 28 GAERC. The
Portuguese Mission Balkans expert told us that it would be
highly unlikely for any member state, including The
Netherlands and Cyprus, to backtrack from this agreement
reached by PMs. The German Mission Balkans expert told us
that Chancellor Merkel had pushed for strong language on the
ESDP Mission and is reportedly pleased with the result.
While technically the mission can be formally launched only
after the adoption of a joint action by the Commission and
the Council, the German Mission here believes the joint
action will proceed smoothly. Those wanting a clearer legal
basis may get a statement from the UNSYG. If one is not
forthcoming by late January, they will have to live with the
political decision of PMs, our German contact concluded.

POLITICAL COVER FOR THE RETICENT
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3. (C) The Romanian PSC Ambassador and the Italian COWEB
expert told us separately December 17 that the conclusions
provide their respective governments the broad "EU" cover
needed to fend off domestic political attacks on Kosovo. The
Romanian observed that his PM was "pleased" with the summit's
results. The political cover, coupled with the understanding
from Pristina that any declaration of independence will be
coordinated with, inter alia, Brussels, eliminates the issue
of Kosovo as a precedent as far as Bucharest is concerned.


4. (C) The Italian Mission COWEB expert told us that the
Dutch PM was vocal in the summit about the need for a clear
legal basis but agreed to the text, given that the
"modalities" for the mission would be determined by FMs.
According to the Italians and Germans, the Dutch found it
easier to agree to the ESDP language given that the language
encouraging "Serbia to meet the necessary conditions (full
cooperation with ICTY) to allow its SAA rapidly to be signed
...." was maintained. The Romanians also noted positively
that the term "candidate status" also survived the PMs'
discussion and redrafting. Dutch PSC Ambassador Milders
told Pol M/C that his government was "not particularly
pleased" by the "too thin" mandate upon which the ESDP
Mission now appears to be based. The Hague was, however,
reasonably satisfied with the compromise language adopted on
Serbia. The Dutch believe that if the EU does not use its
leverage now to secure Mladic's arrest, he will never be
captured and extradited. In any case, he added, Kostunica's
harsh reaction to the Council conclusions, including his
retort that Serbia cannot be bought off by potential EU
membership, demonstrates that accelerated candidate status
will not produce the desired results.

MANDATING SOLANA TO PREPARE THE MISSION
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5. (C) Several of our contacts noted that PMs inserted an
additional sentence to the draft conclusions: "The Secretary
General/High Representative is requested to prepare the
mission in discussion with the responsible authorities in
Kosovo and the United Nations." The Portuguese COWEB expert
noted that this formalizes what has already been taking place
for months, but the Portuguese PSC Ambassador told Pol M/C
that Solana himself had orchestrated this addition. The
Italian Mission said this addition was meant to address
Swedish (and others') concerns that the EU -- and not just
the EU members of the Quint -- take the lead on Kosovo.

GIVING UN SYG BAN A BASIS
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6. (C) Two of our contacts told us they viewed the addition
of the sentence mandating Solana to prepare the mission as
providing UN SYG Ban "something" to which he could respond.
Should Ban "welcome" the Council conclusions, the EU could,
in turn, stretch Ban's statement into providing the UN cover
the Dutch crave.

COMMENT
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7. (C) Finally, the Quint European Union members
(characterized to us by several missions as quite active at
the summit),with support from the Portuguese Presidency and
Solana, pushed the European Council to action on Kosovo. The
Dutch voiced their dissatisfaction with the legal arguments
but ultimately signed on, given that a blank check on
accelerated candidate status for Serbia was not formalized.
The Cypriots used the summit to note, once again, that they
would "never" recognize Kosovo and, according to the
Portuguese, pocketed an IOU for future use, probably
regarding Turkish accession (although the French told us they
believed Cyprus will simply look for a few additional plumb
slots in the EU bureaucracy as its payback). In any case,
while the question remains of when, officially, to launch the
mission, the political green light has been given, and even
the Dutch and the Cypriots are not expected to cry foul in
the weeks to come.
MURRAY
.