Proposal for a COUNCIL DECISION On the appointment of the Special Coordinator of the Stability Pact for South-Eastern Europe

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Stability Pact for South-Eastern Europe (SP) is a regional policy framework set up by the international community in Cologne on 10 June 1999 in order to support the countries in that region in their efforts to foster peace, democracy, respect for human rights and economic prosperity, and to achieve stability in the region as a whole. Paragraph 13 of the Stability Pact for South-Eastern Europe stipulates that the Stability Pact will have a Special Coordinator appointed by the European Union, after consultation with the OSCE Chairman in Office and other participants, and endorsed by the OSCE Chairman in Office.

Council Regulation (EC) No 1080/2000 of 22 May 2000 on support for the United Nations Interim Mission in Kosovo (UNMIK) and the Office of the High Representative in Bosnia and Herzegovina (OHR) [1], amended by Council Regulation (EC) 2098/2003 of 27 November 2003 [2], provides, as from 1 January 2004, a legal framework for Community financial support to the Stability Pact for South-Eastern Europe (SP) and a procedure for the appointment of a Special Coordinator.

[1] OJ L 122 of 24.5.2000, p. 27

[2] OJ L 316 of 29.11.2003, p. 1

This new legal framework will replace the existing framework under CFSP, whereby the Council adopted successive Joint Actions to appoint a Special Representative of the European Union to act as Special Coordinator of the Stability Pact and provide him with the necessary means to fulfil his mandate. Council Joint Action 2002/964/CFSP of 10 December 2002, appointing the Special Representative of the European Union to act as Special Coordinator of the Stability Pact for South-Eastern Europe [3] and extended by Council Joint Action 2003/449/CFSP of 16 June 2003 [4], is due to expire on 31 December 2003.

[3] OJ L 334 of 11.12.2002, p. 9

[4] OJ L 150 of 18.6.2003, p. 74

It is therefore necessary for the Council to adopt, before 31 December 2003, a decision on the appointment of a Special Coordinator which will apply from 1 January 2004 until 31 December 2004. The Commission has consulted the OSCE Chairman in Office and other participants of the Stability Pact and proposes that the Council re-appoint Dr Erhard Busek as Special Coordinator of the Stability Pact. As the mandate of the Special Coordinator will remain unaffected by the change of legal framework, references to his mandate will be drawn from those listed under the current Joint Action.

Proposal for a COUNCIL DECISION On the appointment of the Special Coordinator of the Stability Pact for South-Eastern Europe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1080/2000 of 22 May 2000 on support for the United Nations Interim Mission in Kosovo (UNMIK) and the Office of the High Representative in Bosnia and Herzegovina (OHR) [5], amended by Council regulation (EC) 2098/2003 of 27 November 2003 [6], and in particular its article 1a,

[5] OJ L 122 of 24.5.2000, p. 27

[6] OJ L 316 of 29.11.2003, p. 1

Having regard to the proposal from the Commission [7],

[7] OJ C , , p. .

Whereas:

(1) On 10 June 1999 the Foreign Ministers of the Member States of the European Union and the European Commission, together with the other participants in the Stability Pact for South-Eastern Europe agreed to establish a Stability Pact for South-East Europe, hereinafter called the "Stability Pact".

(2) Council Joint Action 2002/964/CFSP of 10 December 2002, appointing the Special Representative of the European Union to act as Special Coordinator of the Stability Pact for South-Eastern Europe [8] and extended by Council Joint Action 2003/449/CFSP of 16 June 2003 [9], is due to expire on 31 December 2003.

[8] OJ L 334 of 11.12.2002, p. 9

[9] OJ L 150 of 18.6.2003, p. 74

(3) Article 1a of Council Regulation (EC) No 1080/2000 of 22 May 2000 provides for a procedure for the appointment of the Special Coordinator of the Stability Pact as from 1 January 2004.

(4) It is necessary to fix, together with the appointment, a mandate for the Special Coordinator. The mandate laid down in Joint Action 2002/964/CFSP for the Special Representative is suitable to apply to the Special Coordinator.

(5) It is appropriate to lay down clear lines of responsibility as well as guidance on coordination and reporting.

HAS DECIDED AS FOLLOWS:

Article 1

Dr Erhard Busek is appointed Special Coordinator of the Stability Pact for South Eastern Europe.

Article 2

The Special Coordinator shall carry out the functions provided for in point 13 of the Stability Pact document of 10 June 1999.

Article 3

In order to achieve the objective referred to in Article 2, the mandate of the Special Coordinator 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;

(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 2004, and keep the working methods and structures of the Pact under review, ensuring consistency and efficient use of resources.

Article 4

The Special Coordinator shall conclude a financing agreement with the Commission.

Article 5

The activities of the Special Coordinator shall be coordinated with those of the High Representative, Presidency and the Commission. In the field, close liaison shall be maintained with the Presidency, the Commission, the Heads of Mission, the Special Representatives of the European Union, as well as with the Office of the High Representative in Bosnia and Herzegovina and with the United Nations Civil Administration in Kosovo,

Article 6

The Special Coordinator will report, as appropriate, to the Council, the Commission and the European Parliament.

Article 7

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union and shall apply from 1 January 2004 until 31 December 2004.

Done at Brussels,

For the Council

The President