US embassy cable - 04BRUSSELS5216

C O N F I D E N T I A L BRUSSELS 005216 
 
SIPDIS 
 
E.O. 12958: DECL: 12/09/2014 
TAGS: PREL, ETTC, KPAL, UP, CO, HR, CG, TU, RW, EUN, USEU BRUSSELS 
SUBJECT: EU COMMISSION AND COUNCIL SECRETARIAT RESPONSE ON 
GAERC DEMARCHE 
 
REF: A. STATE 258831 
 
     B. THE HAGUE 3219 
     C. USEU BRUSSELS 5215 
 
Classified By: Rick Holtzapple, PolOff. Reasons 1.4 (B/D) 
 
1. (SBU) We reviewed REF A points with Judith Gebetsroithner 
of Commissioner Ferrero-Waldner's cabinet and Margarita 
Comamala of the Council Secretariat on December 7 and 8, 
respectively.  Neither had any specific comment or reaction 
on the Great Lakes, Middle East or Colombia (the latter of 
which will be an A point for approval of Conclusions without 
discussion at the General Affairs and External Relations 
Council meeting on Dec. 13), other than to say they 
appreciated the overall positive assessment of US-EU 
coordination in those areas. 
 
2. (SBU) On Ukraine, Gebetsroithner said the Action Plan for 
Ukraine under the European Neighborhood Policy should be 
approved by the Commission at its formal session on December 
9 as part of a package of several Action Plans.  The 
Commission hoped the full package would be endorsed by the 
GAERC on Dec. 13, but she thought some Member States might 
ask for more time to consider the texts.  In the Ukraine 
plan, the Commission would likely add a reference in its 
decision to approve noting that implementation of the Action 
Plan could only begin "when circumstances allow" (with the 
clear implication that this meant only when a new government 
was in place after elections).  Commenting specifically on EU 
support for the new round of elections, Gebetsroithner said 
the EU would find resources to support ODIHR's observation 
efforts, and was looking at how to provide more personnel for 
the mission.  She said she was optimistic that the EU would 
be able to meet ODIHR's requests in terms of numbers. 
 
3. (C) On Croatia, Gebetsroithner, an Austrian diplomat on 
loan to the Commission, noted that enlargement issues were 
not her boss' responsibility.  But, like the Dutch (REF B), 
she saw little chance the final Conclusions would be agreed 
before the EU Summit on the December 17.  (For more details 
on negotiations over the Croatia text, see REF C.)  She 
commented that the Austrian government would need to respond 
to public opinion and come up with a result where both 
Croatia and Turkey were seen to be treated the same.  PolOff 
responded that the EU had laid out clear conditions for 
opening negotiations, and would be treating candidates 
equally by opening negotiations when, but only when, the 
countries met those conditions.  Gebetsroithner acknowledged 
this was consistent with the Commission's own line on these 
matters, but the public would only understand if both got a 
date or neither did. 
 
4. (C) On China, Comamala confirmed press reports that the 
French have been balking at a serious tightening of the Code 
of Conduct on Arms Exports.  Nonetheless, she said the EU's 
Political and Security Committee was scheduled "soon" 
(meaning before the end of December) to hold a debate on 
whether and how the EU could make the Code a "legal 
instrument" of the EU and therefore binding on Member States. 
 
MCKINLEY