EU: NO CLARITY FROM UN BUT MEMBERS AGREED ON EULEX

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 000421

SIPDIS

NOFORN
SIPDIS

E.O. 12958: DECL: 03/19/2018
TAGS: PREL EUN UNMIK KV SR
SUBJECT: EU: NO CLARITY FROM UN BUT MEMBERS AGREED ON EULEX
WAY FORWARD

REF: USEU BRUSSELS 381

Classified By: Political Minister Counselor Larry Wohlers for reason 1.
4 (b) and (d)


1. (C) Summary: EULEX representatives returned from meetings
with UN officials in New York frustrated by the UN's
inability to provide strategic-level clarity on the planning,
logistics, and mechanics of reconfiguration of UNMIK and
transition to the EU's rule of law mission. However, the EU
remains confident that the ongoing quiet, small-scale
operational cooperation between the two missions will at
least enable the deployment of 200 more EU personnel to
Kosovo in late-April. Member states are in broad agreement
that the mission must be deployed throughout all of Kosovo
and are urging UNMIK's quick return to the North. A
persistent lack of clarity from the UN on transition
arrangements or a further deterioration of the situation on
the ground could jeopardize deployment timetables and the
EU's planning for non-majority areas, however. End Summary.


UN: Small Scale Cooperation, but Don't Mention the Transition
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -



2. (C) EULEX Head of Mission Yves de Kermabon and Council
Balkans Director Stefan Lehne briefed PSC Ambassadors March
18 on current EULEX planning and discussions with the UN as
well as current events in Mitrovica. Third state mission
contributors received a subsequent briefing from mission
planners on the same issues March 19. EU Civilian Planning
and Conduct Capability (CPCC) contacts reported a series of
frustrating meetings between de Kermabon and UN partners in
New York earlier this month where they were unable to get any
further clarity on transition timelines, logistics
arrangements or political coordination. DPKO interlocutors
responded with a blunt "no" when asked whether they had begun
planning UNMIK's transition, and instead characterized the
process as an "evolution," warning the EU that public
discussion of a handover from UNMIK to EULEX and too much
publicity surrounding EULEX deployment would make it
politically more difficult for the two missions to engage on
a pragmatic, operational level. They pleaded with the EU to
keep discussions informal, discreet, and limited only to
operational issues for now. EU interlocutors report that
DPKO remains willing to cooperate "in a broad sense" to
facilitate EULEX deployment within these quietly drawn
parameters.


3. (C) The EU anticipates that, with continued quiet
cooperation from DPKO and UNMIK, the next 200 EU officers
will arrive on time in Kosovo in late April. Planners warn,
however, that further waves of deployments may be delayed "by
months" without progress on a transfer of UNMIK assets to
EULEX, and they requested continued member state and
contributing nation support in emphasizing this point to UN
authorities. The two organizations must also resolve other
outstanding issues such as reporting requirements to the UN
under 1244 provisions, clarity on privileges and immunities
for EULEX personnel, and an agreement for EULEX personnel to
shadow UNMIK officers ahead of transition. Also at issue are
UNMIK's residual competencies and presence in Kosovo after a
presumed transfer of authority. CPCC contacts note that as
soon as these issues are decided, EULEX's ability to engage
with local populations, including in non-majority areas, will
be greatly enhanced and could pave the way for a more
peaceful and credible transition.


5. (C) Contacts privately admit some discomfort with the ad
hoc planning changes that must accompany the approach they
are forced to take with the UN in light of current political
constraints. They remain cautiously optimistic, however, that
an increasing EU presence in Kosovo will make it easier for
the UN to politically justify UNMIK's engagement on these
issues and an ultimate reconfiguration. They hope to see
slightly increased UN willingness to engage after the Russian
Security Council Presidency comes to an end. They add that
it also will be necessary for the UN to adapt to changed
realities on the ground after the adoption and entry into
force of Kosovo's constitution.

Member States United in Support of EULEX...For Now
- - - - - - - - - - - - - - - - - - - - - - - - - -


6. (C) Council and member state contacts report that PSC
Ambassadors received "surprisingly well" briefings by De
Kermabon and Lehne regarding EULEX planning and state of play
in Kosovo and Serbia. Member states are broadly agreed that
UNMIK must reestablish a presence in North Mitrovica as soon

BRUSSELS 00000421 002 OF 002


as possible. They remain united in supporting the upcoming
second wave of EULEX deployment, which will involve sending
personnel to Pristina and the regions, including Mitrovica.
PSC contacts noted with some surprise that even Spain, and
particularly Greece, have been helpful by taking a
non-obstructionist approach in discussions. The PSC reps
also agreed on keeping the EU's profile on aspects of
transition relatively low for the time being, in the hopes of
facilitating operational cooperation with UNMIK. Some pledged
to continue to quietly pressure the UN to consider more
concrete arrangements for UNMIK reconfiguration and
cooperation with EULEX.


7. (C) CPCC planners tell us that they are working to
emphasize the apolitical nature of the mission both within
the EU and outside of it, which may be helping hold the
consensus among the member states. Contacts cited only Sweden
as arguing against the "one mission for all of Kosovo"
principle, instead promoting an eventual division of
responsibilities between UNMIK in the North and EULEX in
other areas. The initiative met with resistance from other
member states, although some PSC contacts warn that if the
situation deteriorates further, other members could shift
support to the Swedish idea.


8. (C/NF) Comment: Despite the recent violence in North
Mitrovica, the EU consensus to move forward with the mission
seems to be holding for now. Although a number of cross
cutting pressures and upcoming decisions will soon test that
solidarity, the EU leadership is striving hard, and thus far
successfully, to keep everyone focused on implementing "plan
A". The thusfar united rejection of Swedish proposals for
North Mitrovica suggests that this strategy is working for
now. One PSC ambassador told us that even those member
states have not recognized do not want the EULEX mission to
be perceived as a failure. Cracks may yet appear with a
further deterioration of the situation in the region, and a
continued lack of concrete cooperation from UNMIK might yet
prevent the EU from being able to adequately meet EULEX's
substantial logistical needs. Either eventuality would
inevitably cause the EU to reconsider deployment timelines.
EU unity will also be tested when it takes up debate of the
EULEX operational plan for the North, now expected in late
April, particularly given new concerns about impacting the
nearly concurrent Serbian election campaigns. For the
moment, however, internal deliberations appear to be
relatively harmonious and focused on moving forward on the
concrete steps of implementation. End comment.

MURRAY
.