Communication from the Commission to the Council and the European Parliament  - Opening of a delegation in belarus
Date: 2005-11-16
Institutions: European Commission
Subjects: Belarus, Commission Delegation, cooperation agreement (EU), democratisation, freedom of the press, human rights, negotiation of an agreement (EU), restriction of liberty, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.11.2005 
COM(2005) 582 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

OPENING OF A DELEGATION IN BELARUS 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

OPENING OF A DELEGATION IN BELARUS 

1. 

INTRODUCTION AND RATIONALE 

Negotiations  on  a  Partnership  and  Cooperation  Agreement  (PCA)  between  the 
European  Union  and  Belarus  were  completed  in  1995.  However,  conclusion  and 
ratification of the PCA as well as an Interim Agreement have been frozen since 1997 
after the introduction of a system of power without democratic checks and balances, 
accompanied  by  the  increasing  suppression  of  the  independent  media,  the  political 
opposition as well as grass root civil society. 

In  its  conclusions  of  22-23  November  2004,  the  General  Affairs  and  External 
Relations Council (GAERC) defined the EU’s two-track approach towards Belarus: 

(i) 

(ii) 

restrictions  on  political  contacts: 
that  bilateral 
ministerial  contacts  between  the  EU  and  Belarus  "will  be  established  solely 
through the Presidency, SG/HR, the Commission and the Troika"; 

the  GAERC  reiterated 

links  with  and  assistance  for  civil  society  and  the  Belarusian  people  at  large: 
"Community  and  Member  States’  assistance  programmes  will  support  the 
needs  of  the  population  and  democratisation,  notably  by  humanitarian, 
regional,  cross-border  cooperation  and  by  projects  supporting  directly  or 
indirectly democratisation and democratic forces in Belarus". 

The GAERC further underlined “that Belarus, as a direct neighbour of the European 
Union, has the opportunity to be an active partner of the EU in the framework of the 
European Neighbourhood Policy. The Council calls upon President Lukashenko and 
his  government  to  reverse  their  present  policies  and  to  embark  on  fundamental 
democratic and economic reforms to bring the country closer to European common 
values.” 

The European Neighbourhood Policy covers Belarus, but no Action Plan is currently 
envisaged for the country. The EU is willing to deepen its relationship with Belarus, 
once  the  Belarusian  authorities  clearly  demonstrate  their  willingness  to  respect 
democratic values and the rule of law.  

Against  this  background,  Member  States  and  the  European  Parliament  have  called 
upon  the  Commission  to  open  a  delegation  in  Minsk  in  order  to,  enhance  the 
European  Union’s  overall  presence  and  visibility  in  Belarus  and  to  “communicate 
and  demonstrate  the  benefits  of  the  ENP  to  the  Belarusian  population  at  large”,  as 
stated in the GAERC conclusions of the 22-23 November 2004. 

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2. 

OPENING OF A DELEGATION 

2.1. 

Political criteria  

EU-Belarus relations progressed once the EU recognised Belarus’s independence in 
1991, but began to deteriorate soon after the Presidential elections of 1994. In 1996 
Mr  Lukashenko  reformed  the  constitution,  concentrating  powers  around  the 
President.  Democratic  conditions  were  put  into  question,  in  particular,  by  the 
replacement  of  the  democratically  elected  parliament  with  a  national  assembly 
nominated  by  the  President,  but  also  through  repression  of  the  opposition  and  the 
media, and interference with the judiciary.  

Parliamentary  elections  in  2000  and  Presidential  elections  in  September  2001  were 
regarded  by  the  Organisation  for  Security  and  Co-operation  in  Europe  -  Office  for 
Democratic Institutions and Human Rights (OSCE-ODIHR) as neither free nor fair. 
The  EU  subscribed  to  this  assessment.  Parliamentary  elections  and  parallel 
referendum  on  a  constitutional  change  in October  2004  failed  to  meet  international 
standards for democratic elections. The referendum enabled President Lukashenko to 
stand as a candidate again in the next (2006) and subsequent Presidential elections.  

The situation with regard to human rights and democracy in Belarus remains a matter 
of  grave  concern  and  has  recently  further  deteriorated.  In  the  run-up  to  the  2006 
Presidential  election,  the  Belarusian  authorities  have  tightened  their  grip  on  civil 
society  and  in  particular  on  the  media,  opposition  forces  and  non-governmental 
organisations (NGOs). In addition, delivery of assistance from international donors is 
severely constrained. 

2.2. 

Delivery of assistance 

Until  the  end  of  2004,  in  accordance  with  the  EU  Council’s  1997  conclusions  on 
Belarus,  EC  technical  assistance  (like  Member  States’  assistance)  was  limited  "to 
humanitarian or regional projects or those which directly support the democratisation 
process”.  Between  1991  and  2005  well  over  €220  million  was  made  available 
specifically to Belarus.  

The  November  2004  GAERC  Conclusions  on  Belarus  called  for  more  active  EU 
engagement  to  support  the  needs  of  the  population  and  democratisation  in  Belarus. 
They stated that the Commission will continue and further intensify its efforts with 
regard to assistance to Belarus in order to meet the challenges arising from the self-
isolation of Belarus.  

In line with the GAERC Conclusions of November 2004, the Commission has put in 
place  a  two-track  assistance  policy,  on  the  one  hand  increasing  assistance  to  civil 
society and NGOs and on the other, focusing on actions to address the needs of the 
population. In the process, a pragmatic and well-targeted division of labour between 
the relevant EC instruments has been established.  

Assistance  to  support  democratisation  and  democratic  forces  is  being  delivered 
through  the  European  Initiative  for  Democracy  and  Human  Rights  (EIDHR) 
programme and the Decentralised Cooperation instrument, which do not require the 
agreement of the Belarusian authorities. 

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Assistance  to  support  the  needs  of  the  population,  and  thereby  indirectly  support 
democratisation  in  Belarus,  is  being  delivered  through  the  TACIS  programme,  for 
which  endorsement  by  the  authorities  is  required.  Activities  under  the  TACIS 
programme  are  being  implemented  with  the  full  involvement  of  Belarusian  civil 
society.  

At  present,  the  assistance  programmes  for  Belarus  are  being  implemented  through 
the  Commission's  delegation  in  Kiev,  which  is  accredited  to  Belarus,  together  with 
its  TACIS  Branch  Office  in  Minsk,  which  plays  a  role  in  the  management  of 
technical assistance. The delegation in Kiev and the TACIS Branch Office in Minsk 
also  play  a  role  in  disseminating  information  on  the  EU  and  the  European 
Neighbourhood Policy in Belarus. 

The  opening  of  a  delegation  in  Minsk  will  further  facilitate  the  administration  of 
Community assistance to Belarus through the various instruments used, allowing the 
Commission  to  follow  up  more  closely  the  registration  of  projects  and  other 
procedural  requirements  as  appropriate,  and  to  establish  an  effective  working 
relationship  with  the  various  actors  in  project  implementation  on  the  ground.  The 
opening of a delegation will further allow the Commission to play a more active role 
in disseminating information to the Belarusian population.  

2.3. 

Human and budgetary resources 

The delegation in Belarus will be a regionalised delegation with a Chargé d’affaires 
ad  interim  who  will  be  assigned  on  a  permanent  post,  redeployed  from  the 
delegations network. The Chargé d’affaires a.i. will work under the authority of the 
Head of the Commission Delegation in Ukraine. 

The human and budgetary resources for opening this delegation will be covered by 
the  current  resources  allocated  to  the  External  Service,  redeployed  from  other 
delegations. 

The delegation’s organisation chart will include an Operational Section, building on 
the  existing  TACIS  Technical  Office  for  Belarus,  which  is  based  in  Minsk  and 
attached  to  the  delegation  in  Ukraine,  plus  an  Administrative  Section.  The  Finance 
and Contracts Section will be based in Kiev, with the regional delegation in charge. 

In  all,  the  delegation  will  consist  of  one  official  (the  Chargé  d'  affaires  a.i.),  two 
contract agents and seven local agents. 

2.4. 

Conclusion 

The  opening  of  a  delegation  would  allow  the  Commission  to  follow  the  political 
situation  in  Belarus  more  closely.  It  would  also  deliver  increased  EU  financial 
assistance  in  a  more  efficient  and  targeted  manner  in  fields  that  will  contribute  to 
fostering the democratic process. Another important consideration is to increase the 
visibility  of  the  European  Commission  assistance,  and  to  improve  the  flow  of 
information amongst the population on the benefits to be reaped from the ENP. 

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SIMPLIFIED FINANCIAL STATEMENT  

Political fields (s): EXTERNAL RELATIONS  

Activity (s): External service 

DENOMINATION OF THE ACTION: COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

AND TO THE EUROPEAN PARLIAMENT - OPENING OF A DELEGATION IN BELARUS. 

1. 

BUDGET LINES(S) + HEADING(S) 

XX.010102:  Expenditure  related  to  staff  in  active  employment  of  Community 
delegations 

XX.010202: External staff of Community delegations 

XX.010212: Other management expenditure of Community delegations 

XX.010302: Buildings and related expenditure of Community delegations 

19.010407 :  Assistance  to  partner  countries  in  eastern  Europe  and  central  Asia  — 
Expenditure on administrative management 

2. 

2.1 

GLOBAL FINANCIAL FIGURES 

Total budget of the action: 0,562 Mio EUR in Commitment appropriations (CA) 
in 2005, 0,525 Mio EUR in 2006 and annually thereafter. 

Of  these  amounts,  it  is  considered  that  the  expenditure  to  be  met  by  budget  line 
19.010407  would  be  0,198  Mio  EUR  in  CA  in  2005,  and  0,168  Mio  EUR  in  2006 
and annually thereafter. 

2.2 

Period of application  

The  opening  of  a  delegation  envisaged  in  this  communication  will  be  initiated  as 
soon  as  possible  and  will  be  completed  during  the  financial  year  2005.  The 
Delegation will consist of one official, chargé d’affaires a.i., two contract agents and 
seven local agents. Referring to the opening of a new Delegation, there is no end date 
foreseen for the action. 

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2.3 

Global multi-annual estimate of expenditure  

a)  Summary  of  commitment  appropriations  (CA)  and  payment  appropriations  (PA)  –  (financial 
contribution) 

Mio EUR (to 3 decimal places) 

Year 
n  

n + 1  

n + 2  

n + 3  

n + 4  

Total  

n + 5 
and  
later  

0,562 

0,525 

0,525 

0,525 

0,525 

0,525 

3,187 

0,562 

0,525 

0,525 

0,525 

0,525 

0,525 

3,187 

Commitment 
appropriations (CA) 

Payment appropriations 
(PA)  

b) Technical and administrative assistance and supporting expenditure (NDA) 

CA 

PA 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

Sub-total a+b 

CA 

PA 

0,562 

0,525 

0,525 

0,525 

0,525 

0,525 

3,187 

0,562 

0,525 

0,525 

0,525 

0,525 

0,525 

3,187 

2.4 

Compatibility with the financial programming and the financial perspectives  

  Proposal compatible with the existing financial programming.  

  The proposal will entail reprogramming of the relevant heading in the financial 

perspective.  

Including, where applicable, recourse to the provisions of the inter-institutional 

agreement.  

  Type  of  expenditure:  this  involves  defining  the  economic  classification  of 
expenditure  by  distinguishing  current  expenditure  from  capital  expenditure.  This 
classification  allows  a  better  distinction  between  budgetary  accounting  and  general 
accounting.  

  Current expenditure: related to the charges of the financial year.  

  Capital expenditure: related to balance sheet entries. Which type of is activity 

is this expenditure intended to finance?  

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3. 

BUDGETARY CHARACTERISTICS  

Type of expenditure  

New  

EFTA 
participation 

Applicant 
country 
participation  

Heading in 
financial 
perspective 

Non- 
Comp  

NDA  

YES  

NO  

NO  

N° 4 (19.010407) 

N° 5 (ex-title A6) 

4. 

LEGAL BASIS  

Staff  Regulations  of  officials  of  the  European  Communities,  and  in  particular  its 
Articles 27 to 31, 33 and 65 (a) and its annexes III, VII and X.  

Conditions of employment of other servants of the European Communities.  

5. 

5.1 

DESCRIPTION AND JUSTIFICATION  

Need for a Community intervention 1 

5.1.1  Objectives 

It  is  considered  necessary  to  open  a  Delegation  in  Belarus  in  order  to  improve  the 
follow up of the political situation in the country; to ensure a more efficient and well 
targeted assistance to the democratic process, to civil society and to the needs of the 
population ; to increase the visibility of the European Union and of the Commission 
in Belarus ; to facilitate the dissemination of information amongst the population on 
the potential benefits of the European Neighbourhood Policy. 

5.1.2 

Provisions linked to the ex-ante evaluation 

The opening of new delegations is decided on the basis of the needs in terms of the 
evolution  of  the  economic  and  political  relations  of  the  Community  with  the 
countries  in  question  and  in  close  cooperation  with  all  the  services  and  other 
Directorates-General concerned. 

5.1.3 

Provisions linked to the a posteriori evaluation  

The  delegation  in  question  will  be  part  of  the  "network"  of  delegations  of  the 
Commission and thus will be subject to controls within the framework of the visits of 
the  Inspection  of  the  Delegations  and  of  the  Internal  Control  unit  of  the  External 
Service.  

1 

For more information, see the separate guidance document.  

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5.2 

Actions envisaged and methods of the budgetary intervention  

Concerns administrative expenditure related to the opening of a new delegation. The 
additional expenditure for  the financial years 2005 and 2006 will be financed from 
the  existing  appropriations  by  making  savings  on  other  expenditure.  These  actions 
will lead to the improvement of political and economic relations with the country in 
question  and  will  enable  the  Commission  to  better  manage  its  activities  in  this 
country. 

5.3 

Implementing modalities  

As for all the administrative expenditure of the delegations, management will be by 
centralized  direct  method  by  the  Commission,  using  statutory  and  external  (local) 
staff. 

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