Council Joint Action

of 10 December 2002

amending and extending the mandate of the Special Representative of the European Union in Afghanistan

(2002/961/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 2001/875/CFSP of 10 December 2001 concerning the appointment of the Special Representative of the European Union in Afghanistan(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 Afghanistan 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 Francesc VENDRELL as the European Union Special Representative in Afghanistan is hereby extended.

Article 2

The objective of the EU Special Representative shall be to contribute to the implementation of the Union's policy in Afghanistan. In particular the Special Representative shall:

1. contribute to the integrity and full implementation of the Bonn Agreement as well as UN Security Council Resolution 1378, 1419 and other relevant UN Resolutions;

2. encourage positive contributions from regional actors in Afghanistan and from neighbouring countries to the peace process in Afghanistan and thereby contribute to the consolidation of the Afghan State, and

3. support the pivotal role played by the UN, notably the Special Representative of the Secretary General;

4. support work of the High Representative in the region.

Article 3

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

(a) convey the Union's views on the political process while drawing on the key principles agreed between the Afghan parties and the international community, including the Bonn Agreement, the Tokyo document and Security Council Resolution 1419. These principles include the intention to establish a broad-based, gender-sensitive, multi-ethnic and fully representative government;

(b) establish and maintain close contact with and give support to the Afghan Transitional Administration. Contact should also be established and maintained with other Afghan leaders inside as well as outside the country;

(c) establish and maintain close contact with relevant international and regional organisations, notably with the local representatives of the UN;

(d) stay 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) advise on the progress of the Bonn process, in particular in the following areas:

- progress towards a broad-based, gender-sensitive, multi-ethnic and fully representative government committed to peace with Afghanistan's neighbours,

- preparation of a new constitution and the constitutional Loya Jirga,

- preparation of general elections scheduled for 2004,

- 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 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,

- security sector reforms, including establishment of judicial institutions, a national army and police force, and

- transition to a Consultative Group process for aid coordination;

(f) in consultation with representatives of Member States and the Commission, contribute to ensure that the Union's political approach is reflected in its action for the reconstruction of Afghanistan, including to encourage a process undertaken by the Afghan Transitional Government in partnership with the international community leading to the development of verifiable benchmarks and monitoring systems on how to achieve the key principles agreed between the Afghan parties and the international community;

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

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 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 the field, close liaison shall be maintained with the Presidency, the 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, notably with the local representatives of the UN.

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 326, 11.12.2001, p. 1. Joint Action as last amended and extended by Joint Action 2002/496/CFSP (OJ L 167, 26.6.2002, p. 12).