[NeroASERCH]

TO: Herman van Rompuy, President of the European Council (dated 2 December 2010)
Lady Catherine Ashton, High Representative for Foreign Affairs and Security Policy/First Vice-President of the European Commission (dated 2 December 2010)
CC: EU Heads of Government (dated 6 December 2010)
EU Ministers of Foreign Affairs (dated 6 December 2010)
FROM: European Former Leaders Group (EFLG)
RE: Application of Council Conclusions on the Middle East Peace Process
The year 2011 will be of critical importance in determining the fate of the Middle East, perhaps for many years to come.
On 8 December 2009 the Foreign Affairs Council of the European Union adopted a set of twelve 'Council conclusions on the Middle East peace process'. The resulting document, essentially a collective European blueprint for resolution of the Arab-Israeli conflict, set out the requirements for a comprehensive peace, inclusive of 'a two-state solution to the Israeli-Palestinian conflict', in a clear and concise manner. It also identified a number of benchmarks. The Council further recognized that Middle East peace 'is a fundamental interest' of not only the parties in the region, but also of the European Union itself. With this statement, the EU attracted considerable interest and raised expectations about its ability to advance the peace process. It formulated in effect what the overall international community, including the current administration of the United States, apparently believes is right.
It is now one year on and we appear to be no closer to a resolution of this conflict. To the contrary, developments on the ground, primarily Israel's continuation of settlement activity in the Occupied Palestinian Territory (OPT) including in East Jerusalem, pose an existential threat to the prospects of establishing a sovereign, contiguous and viable Palestinian state also embracing Gaza, and therefore pose a commensurate threat to a two-state solution to the conflict.
Given this situation and the urgent need for action, we consider it a matter of fundamental credibility that the Council revisit the principles and requirements it enunciated in December 2009 and establish the next steps forward at its meeting scheduled for 13 December 2010. In addition to reconfirming the framework and principles it collectively adopted in December 2009, we consider it vital that the Council should also identify concrete measures to operationalize its agreed policy and thence move to implementation of the agreed objectives. Europe cannot afford that the application of these policy principles be neglected and delayed yet again. Time to secure a sustainable peace is fast running out.
Taking in turn the Conclusions reached by the Council in December 2009, we articulate below ways and means to translate these into actual policy.
1. As stated by the Council in December 2009:The Council of the European Union is seriously concerned about the lack of progress in the Middle East peace process. The European Union calls for the urgent resumption of negotiations that will lead, within an agreed time-frame, to a two-state solution with the State of Israel and an independent, democratic, contiguous and viable State of Palestine, living side by side in peace and security. A comprehensive peace, which is a fundamental interest of the parties in the region and the EU, must be achieved on the basis of the relevant UN Security Council Resolutions, the Madrid principles including land for peace, the Roadmap, the agreements previously reached by the parties and the Arab Peace Initiative.We welcomed the resumption of bilateral negotiations under American auspices in September 2010. Only a negotiated two-state solution will allow the security needs of both sides to be met. It gives us great concern however that the current talks lack a clear framework or terms of reference, and stalled almost as soon as they commenced, primarily on account of continued settlement construction by Israel.
Even if inducements to Israel to resume a partial settlement freeze for a limited period of time (such as the supply of sophisticated military equipment) enable talks to proceed, there is no guarantee that these will produce a substantive agreement resolving the conflict within the next year. Moreover these inducements include measures that Palestinians may well believe would limit their sovereignty in any final agreement.
It is eminently clear that without a rapid and dramatic move to halt the ongoing deterioration of the situation on the ground, a two-state solution, which forms the one and only available option for a peaceful resolution of this conflict, will be increasingly difficult to attain.
We believe this is a matter of utmost concern. We therefore recommend that the EU, in cooperation with the United States, United Nations, Russian Federation, League of Arab States and other interested parties, should put forward a concrete and comprehensive proposal for the resolution of this conflict, that includes a clear time frame for the successful conclusion of these negotiations on the basis of longstanding principles agreed by the above parties and the international community as a whole.
We believe the EU should at the December 2010 Council meeting set a date at which it will take further action. It could for example say that if there is no progress by its next meeting scheduled for April 2011, this will leave the Council with no alternative but to refer the matter to the international community to enable the latter to lead efforts to define a vision and strategy for a resolution of this conflict.
2. As stated by the Council in December 2009:The Council reconfirms its support for the United States' efforts to resume negotiations on all final status issues, including borders, Jerusalem, refugees, security and water, respecting previous agreements and understandings. The European Union will not recognise any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parties. The Council reiterates the EU's readiness to contribute substantially to post-conflict arrangements, aimed at ensuring the sustainability of peace agreements, and will continue the work undertaken on EU contributions on state-building, regional issues, refugees, security and Jerusalem. The Council underlines the need for a reinvigorated Quartet engagement and notes the crucial importance of an active Arab contribution building on the Arab Peace Initiative.As indicated here the EU is committed to contributing substantially to peace-building and reinforcement once the parties are agreed on the details. However, the Government of Israel continues to undertake unilateral measures on the ground that will prejudge the outcome if not prevent the possibility of substantive negotiations on many of the final status issues identified above.
In response to these measures, we recommend that the EU reiterate its position that it will not recognize any changes to the June 1967 boundaries, and clarify that a Palestinian state should be in sovereign control over territory equivalent to 100% of the territory occupied in 1967, including its capital in East Jerusalem. Only minor and reciprocal amendments as may be agreed between the parties themselves could legitimately be recognised.
3. As stated by the Council in December 2009:The EU stands ready to further develop its bilateral relations with the Palestinian Authority reflecting shared interests, including in the framework of the European Neighbourhood Policy. Recalling the Berlin declaration, the Council also reiterates its support for negotiations leading to Palestinian statehood, all efforts and steps to that end and its readiness, when appropriate, to recognise a Palestinian state. It will continue to assist Palestinian state-building, including through its CSDP missions and within the Quartet. The EU fully supports the implementation of the Palestinian Authority's Government Plan "Palestine, Ending the Occupation, Establishing the State" as an important contribution to this end and will work for enhanced international support for this plan.The Palestinian Authority has made impressive progress in the implementation of its Government Plan and the development of the infrastructure of a Palestinian state. EU support and assistance has been vital to this success. To date, the EU and member states have invested some EUR 8 billion in the peace process, primarily in the form of assistance to the Palestinian Authority, Palestinian institutions, and the development of infrastructure in the OPT. By continuing to be the primary donor to this work, the EU underlines the vital European interest in the establishment of a Palestinian state and the implementation of a two-state solution.
Because the Palestinian Authority exists and operates under Israeli military occupation, the Palestinians cannot be expected to establish their state without further international assistance, political as well as economic.
It is therefore our strong belief that the EU needs to act more pro-actively in its relations with the US, Israel and others to promote the fulfillment of this objective.