Council Joint Action

of 10 December 2002

amending and extending the mandate of the Special Representative of the European Union to act as a Special Coordinator of the Stability Pact for South-Eastern Europe

(2002/964/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 2001/915/CFSP of 19 December 2001 appointing the Special Representative of the European Union to act as Coordinator of the Stability Pact for South-Eastern Europe(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 Balkans region 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 Erhard BUSEK as the European Union Special Representative to act as Special Coordinator of the Stability Pact for South-Eastern Europe is hereby extended.

Article 2

The objective of the Special Representative shall be to carry out the functions of Special Coordinator of the Stability Pact for South-Eastern Europe according to the arrangements provided for in point 13 of the Stability Pact document of 10 June 1999.

The Special Representative shall support the work of the High Representative in the region.

Article 3

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

(a) promote achievement of the Pact's objectives within, and between, the individual countries, where the Pact proves to have an added value;

(b) chair the South-Eastern Europe Regional Table;

(c) maintain close contact with all participants and facilitating States, organisations and institutions of the Pact, as well as relevant regional initiatives and organisations, with a view to fostering regional cooperation and enhancing regional ownership;

(d) cooperate closely with all institutions of the European Union and its Member States in order to promote the role of the European Union in the Pact in accordance with points 18, 19, and 20 of the Stability Pact document and to ensure complementarity between the work of the Pact and the Stabilisation and Association Process;

(e) meet periodically and collectively as appropriate with the Chairs of the Working Tables to ensure strategic overall coordination and provide the secretariat of the South Eastern Europe Regional Table and its instruments;

(f) work on the basis of a list, agreed in advance and in consultation with the participants of the Pact, of priority actions for the Pact to implement during the course of 2003, and keep the working methods and structures of the Pact under review, ensuring consistency and efficient use of resources.

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 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

The Union shall, by providing its Special Representative with the necessary human and logistical resources, make a contribution to his functions as Special Coordinator in accordance with this Joint Action.

The Union looks to the other participants in the Stability Pact for South-Eastern Europe also to make a contribution to the functioning of the Pact.

Article 6

1. The financial reference amount intended to cover the expenditure related to the mission of the Special Representative shall be EUR 840631.

2. The amount specified in paragraph 1 shall be allocated to financing the operational expenditure of the Central Office of the Stability Pact for South-Eastern Europe in Brussels over the period in question.

3. 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.

4. The management of operational expenditure shall be subject to a contract between the Special Representative and the Commission.

Article 7

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

2. 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.

3. 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.

4. All A-type posts to be filled shall be published in Member States and the institutions of the European Union and taken up by the best qualified applicants.

5. 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.

6. The equipment, supplies and premises for the Brussels office of the Stability Pact for South-Eastern Europe shall be purchased or rented on behalf of and for the European Communities.

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

Article 8

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 9

To ensure the consistency of external action of the European Union, the activities of the Special Representative shall be coordinated with those of the High Representative, Presidency and the Commission. In the field, close liaison shall be maintained with Presidency, Commission and Heads of Mission who shall make their 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, in particular with the Office of the High Representative in Bosnia and Herzegovina and with the United Nations Civil Administration in Kosovo.

Article 10

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 11

Positions of the European Union in the context of the Stability Pact for South-Eastern Europe shall be determined in accordance with the guidelines adopted by the Council.

Article 12

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

It shall apply until 30 June 2003.

Article 13

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 337, 20.12.2001, p. 62.