Council Joint Action

of 10 December 2002

amending and extending the mandate of the European Union Special Representative for the Middle East peace process

(2002/965/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) Council Joint Action 2000/794/CFSP of 14 December 2000 appointing the European Union Special Representative for the Middle East peace process(1) is due to expire on 31 December 2002.

(2) On the basis of a review of that Joint Action, the mandate of the Special Representative should be amended and extended.

(3) Clear lines of responsibility as well as the coordination and consistency of the European Union external action in the Middle East should be ensured.

(4) On 30 March 2000 the Council adopted guidelines on the appointing procedure and administrative arrangements for European Union Special Representatives (EUSRs),

HAS ADOPTED THIS JOINT ACTION:

Article 1

The mandate of Mr Miguel MORATINOS as the European Union Special Representative for the Middle East peace process is hereby extended.

Article 2

The mandate of the Special Representative will be based on the policy objectives of the European Union regarding the Middle East peace process, as defined and updated by the Council.

These objectives include:

(a) a two-State solution with Israel and a democratic, viable, peaceful and sovereign Palestinian State living side-by-side within secure and recognised borders enjoying normal relations with their neighbours in accordance with UN Security Council Resolutions 242, 338, 1397 and 1402 and on the principles of the Madrid conference;

(b) solution in the Israeli-Syrian and Israeli-Lebanese tracks;

(c) a fair solution to the complex issue of Jerusalem and a just, viable and agreed solution to the problem of Palestinian refugees;

(d) early convening of a peace conference, which should address political and economic aspects as well as matters relating to security, confirm the parameters of a political solution and establish a realistic and well-defined timescale.

These objectives are based on the European Union's commitment to:

(a) work with the parties and with partners in the international community, especially within the framework of the Middle East Quartet, to pursue every opportunity for peace and for a decent future for all people of the region;

(b) continue to assist in Palestinian security reforms, early elections and political and administrative reforms;

(c) contribute fully to peace building, as well as to the reconstruction of the Palestinian economy as an integral part of regional development.

The Special Representative shall support work of High Representative in the region, including in the framework of the Middle East Quartet.

Article 3

In order to achieve the objectives, the mandate of the EU Special Representative shall be to:

(a) provide an active and efficient contribution from the European Union to actions and initiatives leading to a final settlement of the Israeli-Palestinian conflict and of the Israeli-Syrian and Israeli-Lebanese conflict;

(b) facilitate and maintain close contact with all the parties to the Middle East Peace Process, other countries of the region, members of the Middle East Quartet and other relevant countries, as well as the UN and other relevant international organisations, in order to work with them in strengthening the peace process;

(c) ensure continued presence of the European Union on the ground and in relevant international fora and contribute to crises management and prevention;

(d) observe and support peace negotiations between the parties and offer the European Union's advice and good offices as appropriate;

(e) contribute, where requested, to the implementation of international agreements reached between the parties and engage with them diplomatically in the event of non-compliance with the terms of these agreements;

(f) particular attention to factors having implication for the regional dimension of the Middle East Peace Process;

(g) engage constructively with signatories to agreements within the framework of the peace process in order to promote compliance with the basic norms of democracy, including respect for human rights and the rule of law;

(h) report on the possibilities for European Union intervention in the peace process and on the best way of pursuing European Union initiatives and ongoing Middle East peace process-related European Union efforts, such as the contribution of the European Union to Palestinian reforms, and including the political aspects of relevant European Union development projects;

(i) monitor actions by either side, that might prejudice the outcome of the permanent status negotiations;

(j) facilitate cooperation on security issues within the European Union-Palestinian Permanent Security Committee set up on 9 April 1998 as well as in other ways;

(k) contribute to a better understanding of the role of the European Union among opinion leaders in the region.

Article 4

1. The Special Representative shall be responsible for the implementation of the mandate acting under the authority and operational direction of the High Representative. The Special Representative shall be accountable to the High Representative for administrative expenditure and to the Commission for any operational expenditure incurred in respect of activities.

2. The Special Representative shall maintain a privileged link with the Political and Security Committee (PSC), which shall be the primary point of contact with the Council. The PSC shall provide strategic guidance and political input to the Special Representative within the framework of the mandate.

Article 5

1. The Special Representative shall conclude a contract with the Council.

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

Article 6

1. The Special Representative shall be responsible for the constitution of his team and shall inform the Council and the Commission thereon through the High Representative.

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

3. All A-type posts to be filled shall be published in Member States and institutions of the European Union 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 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.

Article 7

As a rule, the Special Representative will report in person to the High Representative and to the PSC and may report also to the relevant Working Group. Regular written reports will be circulated to the High Representative, Council and Commission. The Special Representative may report to the General Affairs and External Relations Council on the recommendation of the High Representative and the PSC.

Article 8

To ensure the consistency of the external action of the European Union, the activities of the Special Representative shall be coordinated with those of the High Representative, the Presidency and the Commission. In order to ensure political consistency and complementarity of action of the European Union in the field of security cooperation, the activities of the Special Representative and those of the EU Advisor appointed under Council Joint Action 2000/298/CFSP(2) of 13 April 2000 shall also be coordinated closely, with the Special Representative providing political guidance. In the field, close liaison shall be maintained with the Presidency, the Commission and Heads of Mission who shall make best efforts to assist the Special Representative in the implementation of the mandate. The Special Representative shall also liaise with other international actors in the field.

Article 9

The implementation of this Joint Action and its consistency with other contributions from the European Union to the region shall be kept under regular review. The Special Representative shall present a comprehensive written report on the implementation of the mandate to the High Representative, Council and Commission two months before the mandate expires, which shall form a basis for evaluation of the Joint Action in the relevant Working Groups and by the PSC. In the context of overall priorities for deployment, the High Representative shall make recommendations to the PSC concerning the Council's decision on renewal, amendment or termination of the mandate.

Article 10

This Joint Action shall enter into force on 1 January 2003.

It shall apply until 30 June 2003.

Article 11

This Joint Action shall be published in the Official Journal.

Done at Brussels, 10 December 2002.

For the Council

The President

P. S. Møller

(1) OJ L 318, 16.12.2000, p. 5. Joint Action as amended by Joint Action 2001/800/CFSP (OJ L 303, 20.11.2001, p. 5).

(2) OJ L 97, 19.4.2000, p. 4.