Sanctions and mediation. The two European tools in the face of the situation in Ukraine (Update)

(BRUSSELS2) Between yesterday and today, following the worsening of events in kyiv, the "28" decided to strike a little harder than expected. The Council of Foreign Ministers meeting urgently this Thursday afternoon (February 20), in Brussels, thus adopted the principle of sanctions with, as a result, a ban on visas and the freezing of assets against persons “ responsible for repression" as well as "an embargo on equipment used for repression ». At the same time, in Kiev, a troika of French-German-Polish foreign ministers (the "Weimar") began mediation, while the clashes continued, in a deadly way, around Maidan square, between the demonstrators and the forces of order, who fired live ammunition (making according to a still provisional assessment a hundred deaths in two days).

Note: The European Foundation for Democracy (created by the EU under Polish leadership) will release 150.000 emergency support to help families and activists injured during the events in Kiev and cover urgent medical or daily needs, announced its director, Jerzy Pomianowski, Thursday (February 20).

An agreement of the 28 for sanctions

A decision in principle for 3 types of sanctions

« In light of the deteriorating situation, the EU has urgently decided to introduce targeted sanctions, including asset freezes and visa bans against those responsible for human rights violations , violence and excessive use of force state the conclusions adopted by the 28. Member States also agreed “suspend export licenses on equipment that could be used for internal repression and reassess export licenses for equipment covered by Common Position 2008/944/CFSP. » Download the conclusions here (English)

Texts to be developed

This is a position of principle. We will now have to write the necessary texts. « The Council instructed the relevant working groups to make the necessary preparations immediately.”. According to our information, a meeting of the "Sanctions" group (Relex) is thus scheduled for tomorrow (Friday) to determine the list of persons concerned. A meeting of the Political and Security Committee (PSC) is scheduled to be held at the same time. Some ambassadors retained in Athens by the meeting of defense ministers could thus be replaced by their deputy.

A decision...

A CFSP decision (taken unanimously) is necessary to provide the framework for sanctions, establish the principle of the suspension of export licenses for arms or equipment used for purposes of repression and give the list of persons prohibited from visas. This decision has immediate effect - upon publication in the Official Journal - but must then be implemented by the Member States. In concrete terms, it is normally Greece (country holding the EU Presidency) which is responsible for entering the names of the persons concerned into the Schengen SIS system in order to bring into force this entry ban on European territory.

... and a settlement

A Council regulation (taken by qualified majority and information of the European Parliament) then refines the system for the competences of the European Union concerning financial sanctions (freezing of bank assets) and the scope of the limitation of export licenses . The regulation has immediate effect and does not require any implementing act by the Member States.

First targets: security managers

The list would cover no « not members of governments but rather security officials » said a European diplomat. « We want to target the people directly responsible for security (and repression) on site » said Belgian Minister Didier Reynders.

An evolving list

This list could evolve over time depending on the evolution of the situation on the ground. « The scale of implementation (of these measures) will be continued in light of developments in Ukraine” thus indicates the press release of the 28. “ There are sanctions with (almost) immediate effect. But this list can grow over time. “, according to Didier Reynders.

Sanctions followed by other countries

The European principle, specified in guidelines, reaffirmed in 2012, is to lead other countries to adopt the same type of “restrictive measures”. The measures will therefore be transmitted to various neighboring countries (in particular those of the European Economic Area or candidates for accession) or linked to the European Union by agreements. Norway has already responded through its Prime Minister and its Foreign Minister, Erna Solberg and Borge Brende, that it supports this sanctions process.

Strong sanctions against those who have power

« Those with power are most responsible ". This is in a way the consensus reached by the heads of European diplomacy. But each minister justified, then differently, the context of these sanctions.

As the Italian Foreign Minister commented, Emma Bonino, who are " We must go there in a determined way "but also according to a" gradual approach ", because " the length of the crisis ". For Italy, the opposition is not to blame, because “those who have power are those who are most responsible”.

The actions of power are unacceptable “judged the Briton William Hague who called “to an immediate change in Yanukovych's attitude. He has no right to describe the protesters as terrorists”. Similar attitude in the Lithuanian, Linen Linkevicius, who are " it is time for those who are responsible (for this violence) to be held to account ».

But the Dutch Frans Timmermans was more mixed. “The officials will have to know that the EU will punish them. Yanukovych will have a big problem with his people if he continues like this. But he also added: “Both sides must be punished, the extremist opposition groups responsible for the violence and Yanukovych ».

Restore calm and avert civil war

For the Irish minister, Eamon Gilmore, sanctions are not so much about punishment but “to restore calm and resolve the political crisis ". An approach shared by the Cypriot Minister, Erato Kozakou-Marcoullis, not exactly keen on sanctions, to read the press release issued after the meeting but “ ready to fully support an effective EU response to the exponential deterioration of the situation, in a way that will alleviate the situation on the ground and relaunch an active political dialogue between legitimate stakeholders”. " The international community must help Ukraine avoid sliding into a state of civil war also specified the Greek minister, Evangelos Venizelos.

Finally, as the Danish minister pointed out, Martin Lidegaard, the main thing for the Europeans was to display a message of unity and send a "strong and important signal from the EU" to Ukraine.

The mediation of the "Weimar" troika

A longer than expected discussion with Yanukovych

Leaving early in the morning for Ukraine, to meet the Ukrainian authorities and the opposition, the French, German and Polish ministers — Laurent Fabius, Frank-Walter Steinmeier and Radek Sikorski — ended up staying all day in Kiev and did not not attend the meeting of ministers. Rumors had first run about a cancellation of this meeting for "security reasons". Rumors quickly denied. With Ukrainian President Viktor Yanukovych “the discussion (finally) lasted much longer than expected” assures a diplomat.

A meeting with opponents and a debriefing in Brussels

About five hours later, the three ministers headed for the European Union delegation to meet the tenors of the opposition. In the meantime, they met with the High Representative Catherine Ashton who was thus able to report to the ministers present in Brussels on developments in the situation. “A roadmap towards a political solution is being discussed with the parties involved”, confided F.-W. Steinmeier. The ministers thus decided to extend their stay in kyiv by staying the night and one more day.

A Russian mediator

For his part, Russian President Vladimir Putin has also sent a "mediator" to meet the different parties, in the person of Vladimir Loukine. Member of the liberal Yabloko party, former diplomat and deputy to the Duma, and current human rights delegate, Loukine has the advantage of not representing the "Putin" line but a more acceptable dimension for each party.

NB: like the previous negotiations (Georgia, Transnistria, etc.), we could thus find the idea of ​​a bipartite mediation of the European Union and Russia, or even tripartite (with the involvement of an organization like the OSCE, judiciously chaired today by the Swiss Minister Didier Burkhalter). This would thus break with the European attitude of not involving Russia in a dialogue "reserved for Ukrainians". French Prime Minister Jean-Marc Ayrault said this morning on France-Info: “We need a Russian policy for the European Union, which is not always the case. So there is a need to talk and we are going to talk with President (Vladimir) Putin. »