Council Joint Action

of 13 April 2000

on a European Union assistance programme to support the Palestinian Authority in its efforts to counter terrorist activities emanating from the territories under its control

(2000/298/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 thereof,

Recalling Article 18(2) thereof,

Whereas:

(1) In pursuit of the European Union's active and continued role in promoting the Middle East Peace Process, the Council adopted on 29 April 1997 Joint Action 97/289/CFSP on the establishment of a European Union assistance programme to support the Palestinian Authority in its efforts to counter terrorist activities emanating from the territories under its control(1).

(2) Decision 1999/440/CFSP(2) extended Joint Action 97/289/CFSP and provided for it to be reviewed no later than 30 June 2000 with a view to the possible adoption of a multiannual programme.

(3) The results of the mid-term review of Joint Action 97/289/CFSP and of the evaluation carried out following a Troika visit to the region confirmed that the European Union's assistance programme makes an important contribution to the objectives pursued by the European Union in supporting the Palestinian Authority in its efforts to counter terrorist activities.

(4) Continuity in the implementation of these several activities is deemed important in order to achieve the objectives pursued by the European Union.

(5) On 26 October 1998 the Council extended the mandate of the EU Special Representative for the Middle East Peace Process (MEPP), to include security questions; in such circumstances it is important to ensure coordination and coherence of the European Union approach.

(6) On 24 January 2000 the Council reiterated the European Union's continued commitment to the Palestinian track of the Middle East Peace Process and its support of the Palestinian Authority.

(7) It is, therefore, appropriate to adopt a multiannual programme and to establish a financial reference amount for the period covered by this programme.

(8) Joint Action 97/289/CFSP and Decision 1999/440/CFSP should be repealed and replaced by a new Joint Action.

(9) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(3) should be inserted in this Joint Action for the whole duration of the programme, without prejudice to the competences of the budgetary authority defined in the Treaty establishing the European Community,

HAS ADOPTED THIS JOINT ACTION:

Article 1

1. The European Union assistance programme to support the Palestinian Authority (PA) in its efforts to counter terrorist activities emanating from the territories under its control, established by Joint Action 97/289/CFSP (hereinafter referred to as "the programme") shall be extended for a period of three years.

2. The objective of the programme is to support the PA's capacity to counter terrorism, assist in the establishment of related Palestinian administrative structures, help sustain the Middle East Peace Process and provide the relevant security and police services with assistance and training that are fully compatible with the principles of human rights and respect for the rule of law.

Article 2

1. The programme shall consist of individual projects carried out in the following main areas:

(a) improved organisational capacity;

(b) improved operational capacity; and

(c) post-incident management.

2. The Council notes that the Commission intends to direct its actions towards achieving the objectives and priorities of this Joint Action, notably in the field of human rights, by pertinent Community measures.

Article 3

Specific implementing decisions regarding individual projects shall be taken by the Presidency, in the light of the opinion of a Committee chaired by the Presidency and composed of anti-terrorism experts from the Member States. Such opinion may be collected by simplified written procedure. The Commission shall be associated fully to the work of this Committee.

Article 4

1. The European Union adviser appointed under Joint Action 97/289/CFSP (hereinafter referred to as the "EU adviser") is confirmed in his tasks under this Joint Action. He shall continue to oversee the implementation of the programme and monitor the proper use of European Union-provided capabilities for the purposes of implementing Article 2(1), without prejudice to the review mentioned in Article 7(3).

2. The EU adviser shall be guided by the Presidency and shall report, under the Presidency's authority, to the Council or its designated instances on a regular basis and as the need arises.

3. In order to ensure coherence of European Union action in support of the MEPP, in particular in the field of security cooperation, the Presidency, assisted by the Secretary-General/High Representative, shall ensure coordination between the activities of the European Union adviser and the European Union Special Representative for the MEPP.

4. The Presidency, assisted by the Secretary-General/High Representative, and the Commission, within the scope of their respective competences, shall ensure appropriate coordination between the programme, Community assistance and the bilateral assistance provided by the Member States. Member States shall cooperate with the Presidency and the Commission to that end.

Article 5

1. The financial reference amount for the implementation of this Joint Action shall be EUR 10 million. The budgetary authority shall establish the amount of the credits authorised for each financial year, within the limits of the financial perspectives.

2. The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the European Community procedures and rules applicable to the budget.

3. The European Union shall finance the infrastructure and current expenditure of the EU adviser, including his salary and the cost of his staff.

Article 6

1. The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the programme and of the EU adviser and his international staff shall be defined with the parties. The Member States and the Commission shall grant all necessary support to that effect.

2. The Council notes that the Presidency, Commission and Member States, as appropriate, shall provide support in the region.

Article 7

1. Periodic evaluations shall be conducted at agreed stages.

2. The programme shall be suspended if the PA fails:

(a) to cooperate fully in the implementation of the programme;

(b) to take appropriate measures to ensure respect for human rights in the implementation of the programme;

(c) to allow European Union monitoring and/or periodic external evaluations to that effect.

3. The operational, administrative and financial aspects of the programme shall be reviewed on a yearly basis and whenever the need arises.

Article 8

1. Joint Action 97/289/CFSP and Decision 1999/440/CFSP are hereby repealed and replaced by this Joint Action.

2. Notwithstanding paragraph 1, projects undertaken under Joint Action 97/289/CFSP, as extended by Decision 1999/440/CFSP, shall continue to be implemented within the framework of this Joint Action.

Article 9

This Joint Action shall enter into force on the day of its adoption.

Article 10

This Joint Action shall be published in the Official Journal.

Done at Luxembourg, 13 April 2000.

For the Council

The President

A. Vara

(1) OJ L 120, 12.5.1997, p. 2.

(2) OJ L 171, 7.7.1999, p. 1.

(3) OJ C 172, 18.6.1999, p. 1.