EN Official Journal of the European Union L 49/8

COUNCIL JOINT ACTION 2006/119/CFSP

of 20 February 2006

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular, Articles 14, 18(5) and 23(2) thereof,

Whereas:

(1) The mandate of the European Union Special Representative (EUSR) for the Middle East peace process as set out in Council Joint Action 2003/873/CFSP of 8 December 2003 extending and amending the mandate of the Special Representative of the European Union for the Middle East peace process (1) is due to expire on 28 February 2006.

(2) On 14 November 2005 the Council adopted Joint Action 2005/797/CFSP (2) on the European Union Police Mission for the Palestinian territories, EUPOL COPPS, which designates a specific role of the EUSR.

(3) On 12 December 2005 the Council adopted Joint Action 2005/889/CFSP (3) establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah), which also designates a specific role of the EUSR.

(4) On the basis of a review of Joint Action 2003/873/CFSP, the mandate of the EUSR should be revised and extended for a 12-month period.

(5) The EUSR is to implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy, as set out in Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

The mandate of Mr Marc OTTE as the European Union Special Representative (EUSR) for the Middle East peace process is hereby extended until 28 February 2007.

Article 2

The mandate of the EUSR shall be based on the policy objectives of the European Union regarding the Middle East peace process.

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 United Nations 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;

(e) the establishment of sustainable and effective policing arrangements under Palestinian ownership in accordance with best international standards, in cooperation with the European Community's institution building programmes as well as other international efforts in the wider context of security sector, including criminal justice reform;

(f) providing a third party presence at the Rafah crossing point in order to contribute, in cooperation with the Community's institution-building efforts, to the opening of the Rafah crossing point and to build up confidence between the Government of Israel and the Palestinian Authority.

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 EUSR shall support the work of the Secretary-General/High Representative (SG/HR) in the region, including in the framework of the Middle East Quartet.

Article 3

In order to achieve the policy objectives, the mandate of the EUSR 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 conflicts;

(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 forums and contribute to crisis 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) pay 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 on the implementation of the roadmap and on issues that might prejudice the outcome of the permanent status negotiations to enable the Middle East Quartet to better assess the parties' compliance;

(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;

(l) develop and implement an EU programme relating to security issues. To this end, the EUSR may be assisted by an expert charged with the practical implementation of operational projects related to security issues;

(m) give guidance, as necessary, to the Head of Mission/Police Commissioner of the European Union Coordinating Office for Palestinian Police Support (EUPOL COPPS);

(n) give guidance, as necessary, to the Head of Mission of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah).

Article 4

1. The EUSR shall be responsible for the implementation of the mandate acting under the authority and operational direction of the SG/HR. The EUSR shall be accountable to the Commission for all expenditure.

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

Article 5

1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR shall be EUR 1 200 000.

2. The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union with the exception that any pre-financing shall not remain the property of the Community.

3. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. Expenditure shall be eligible as from 1 March 2006.

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

Article 6

1. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team in consultation with the Presidency, assisted by the SG/HR, and in full association with the Commission. The EUSR shall inform the Presidency and the Commission of the final composition of his team.

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

3. All A-type posts which are not covered by secondment shall be advertised as appropriate by the General Secretariat of the Council and also notified to Member States and institutions of the European Union in order to recruit the best-qualified applicants.

4. The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR 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 EUSR shall report in person to the SG/HR and to the PSC and may report also to the relevant working group. Regular written reports shall be circulated to the SG/HR, Council and Commission. The EUSR may report to the General Affairs and External Relations Council on the recommendation of the SG/HR and the PSC.

Article 8

To ensure the consistency of the external action of the European Union, the activities of the EUSR shall be coordinated with those of the SG/HR, the Presidency and the Commission. EUSR shall provide regular briefings to Member States' missions and Commission delegations. 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 EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional 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 EUSR shall present to the SG/HR, Council and Commission a progress report before the end of June 2006 and a comprehensive mandate implementation report by mid-November 2006. These reports shall form a basis for evaluation of this Joint Action in the relevant working groups and by the PSC. In the context of overall priorities for deployment, the SG/HR 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 the date of its adoption.

It shall apply from 1 March 2006.

Article 11

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 20 February 2006. For the Council The President J. PRÖLL

(1) OJ L 326, 13.12.2003, p. 46. Joint Action as last amended by Joint Action 2005/796/CFSP (OJ L 300, 17.11.2005, p. 64).

(2) OJ L 300, 17.11.2005, p. 65.

(3) OJ L 327, 14.12.2005, p. 28.