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

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) On 10 December 2002 the Council adopted Joint Action 2002/965/CFSP(1) amending and extending the mandate of the Special Representative of the European Union for the Middle East peace process.

(2) By Council Joint Action 2003/445/CFSP(2) the mandate of the Special Representative was extended until 31 December 2003.

(3) By Council Joint Action 2003/537/CFSP of 21 July 2003 the Council decided to appoint Ambassador Marc OTTE as the new EU Special Representative for the Middle East peace process.

(4) On the basis of a review of Joint Action 2002/965/CFSP, the mandate of the Special Representative should be extended.

(5) On 17 November 2003 the Council adopted guidelines on the appointment, mandate and financing for European Union special representatives,

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.

Article 2

The mandate of the EUSR will 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 (UN) Security Council Resolutions 242, 338, 1397 and 1402 and on the principles of the Madrid conference;

(b) a 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 EUSR shall support the work of the High Representative 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 the continued presence of the European Union on the ground and in relevant international fora 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 implications 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 EU Special Representative may be assisted by an expert charged with the practical implementation of operational projects related to security issues.

Article 4

1. The EUSR shall be responsible for the implementation of the mandate acting under the authority and operational direction of the High Representative. 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 793000.

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 prefinancing 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.

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

Article 6

1. Within the limits of his/her mandate and the corresponding financial means made available, the EUSR is responsible for constituting his/her team in consultation with the Presidency, assisted by the Secretary-General/High Representative, and in full association with the Commission. The EUSR shall inform the Presidency and the Commission of the final composition of his/her team.

2. 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-grade posts which are not covered by secondment will be advertised as appropriate by the General Secretariat of the Council and also notified to Member States and institutions 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 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 EUSR 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 EUSR shall be coordinated with those of the High Representative, the Presidency and the Commission. EUSRs will 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 do their utmost 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 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 2004.

It shall apply until 30 June 2004.

Article 11

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

Done at Brussels, 8 December 2003.

For the Council

The President

F. Frattini

(1) OJ L 334, 11.12.2002, p. 11. Joint Action as last amended by Joint Action 2003/537/CFSP (OJ L 184, 23.7.2003, p. 45).

(2) OJ L 150, 18.6.2003, p. 70.