Council Joint Action

of 10 December 2001

concerning the appointment of the Special Representative of the European Union

(2001/875/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 and Article 18(5) thereof,

Whereas:

(1) On 17 October and 19 November 2001, the Council agreed conclusions on the Union's future proceedings with regard to Afghanistan.

(2) On 19 November 2001, the Council in particular welcomed the adoption of Security Council Resolution 1378 and reiterated its full support for the efforts of the Special Representative of the Secretary General of the United Nations to set up a transitional administration. Moreover, the Council decided to appoint an EU Special Representative for Afghanistan.

(3) In accordance with the guidelines on appointing procedure and administrative arrangements of EU Special Representatives adopted by the Council on 30 March 2000, Member States' and the Commission's missions can provide on request from their own resources appropriate and reasonable support to the mission of the Special Representative,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mr Klaus Peter KLAIBER is hereby appointed EU Special Representative in Afghanistan.

Article 2

The mandate of the EU Special Representative shall be to contribute to the implementation of the Union's policy in Afghanistan, in particular by supporting the Union's contribution to achieving the International Community's objectives on Afghanistan as set out in UN Security Council Resolution 1378 and other relevant UN Security Council resolutions, through close liaison with and support for UN Special Representative of the Secretary-General Brahimi. For this purpose he shall act, under the authority of the High Representative and liaising closely with the Presidency, Member States and the Commission, in particular in the following areas:

(a) supporting the establishment in Afghanistan of a stable and legitimate broad-based multi-ethnic Government agreed upon by the political forces associated with the UN process. In this context, he shall convey the Union's views on the political process;

(b) establishing and maintaining close contact with the Afghan leaders inside as well as outside the country;

(c) establishing and maintaining close contact with relevant international and regional actors, notably with the local representatives of the UN;

(d) staying in close contact with neighbouring and other interested countries in the region so that their views on the situation in Afghanistan are taken into account in Union policy;

(e) advising the High Representative and the Council of the progress of the Afghan factions and the transitional administration - when established - in the following areas:

- progress towards a broad-based and multi-ethnic government fully representative of all the Afghan people and committed to peace with Afghanistan's neighbours,

- respect for human rights of all Afghan people, regardless of gender, ethnicity or religion,

- respect of democratic principles, the rule of law, the rights of persons belonging to minorities, the rights of women and children and fundamental freedoms and the principles of international law,

- fostering participation by women in public administration and society,

- respect for Afghanistan's international obligations, including cooperation in international efforts to combat terrorism and illicit drug trafficking,

- facilitation of humanitarian assistance and the orderly return of refugees and internally displaced persons, and

- support for the Afghanistan Support Group and the G21;

(f) in consultation with representatives of Member States and the Commission, contributing to ensure that the Union's political approach is reflected in its action for the reconstruction of Afghanistan;

(g) advising on the participation and the positions of the Union in international conferences on Afghanistan.

Article 3

The EU Special Representative shall be assisted by a team in Afghanistan, as needed by political and other developments, and as permitted by security conditions. The constitution by the EU Special Representative of his team will be subject to further discussion and consultation with the Presidency, assisted by the Secretary-General/High Representative and in full association with the Commission.

Article 4

1. The EU Special Representative shall be responsible for implementing his mandate in accordance with Article 2 and with the conditions set out in his contract with the Council.

2. Member States and Union institutions may propose the secondment of staff to work with the EU Special Representative. The remuneration of personnel who might be seconded by a Member State or a Union institution to the EU Special Representative shall be covered respectively by the Member State or the Union institution concerned.

3. All A-type posts shall be published in Member States and Union institutions and taken up by the best qualified applicants.

4. The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EU Special Representative and the members of his staff shall be defined with the parties. Member States and the Commission shall grant all necessary support to such effect.

5. The Presidency, Commission and/or Member States, as appropriate, will provide logistical support in the region.

Article 5

1. Exceptionally and up to 31 December 2001, the administrative expenditure of the EU Special Representative shall also be covered by Germany.

2. With effect from 1 January 2002, the administrative expenditure of the EU Special Representative shall gradually be taken over by the Council budget, by decision of the Secretary-General/High Representative, subject to the allocations available for EU Special Representatives under heading 1113 in the Council Section of the general budget of the European Union.

3. Any operational expenditure related to the mission of the EU Special Representative would be covered by a future decision of the Council in accordance with the guidelines adopted by the Council on 30 March 2000.

Article 6

The EU Special Representative shall submit regular reports, on his own initiative or when requested, to the Council through the High Representative.

Article 7

1. This Joint Action shall enter into force on the date of its adoption. It shall apply until 10 June 2002.

2. This Joint Action shall be regularly reviewed.

Article 8

This Joint Action shall be published in the Official Journal.

Done at Brussels, 10 December 2001.

For the Council

The President

L. Michel