Council Joint Action of 10 December 2001 concerning the appointment of the Special Representative of the European Union
Date: 2001-12-10
Institutions: Council of the European Union
Subjects: Afghanistan, appointment of staff, the EU's international role

11.12.2001

EN

Official Journal of the European Communities

L 326/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL JOINT ACTION

of 10 December 2001

concerning the appointment of the Special Representative of the European Union

(2001/875/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Article 14 and Article 18(5) thereof,

Whereas:

(1)

(2)

(3)

On 17 October and 19 November 2001, the Council
agreed conclusions on the Union's future proceedings
with regard to Afghanistan.

the Council

On 19 November 2001,
in particular
welcomed the adoption of Security Council Resolution
1378 and reiterated its full support for the efforts of the
Special Representative of the Secretary General of the
United Nations to set up a transitional administration.
Moreover, the Council decided to appoint an EU Special
Representative for Afghanistan.

In accordance with the guidelines on appointing proce-
dure and administrative arrangements of EU Special
Representatives adopted by the Council on 30 March
2000, Member States' and the Commission's missions
can provide on request from their own resources appro-
priate and reasonable support to the mission of the
Special Representative,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mr Klaus Peter KLAIBER is hereby appointed EU Special
Representative in Afghanistan.

Article 2

The mandate of the EU Special Representative shall be to
contribute to the implementation of the Union's policy in
Afghanistan, in particular by supporting the Union's contribu-
tion to achieving the International Community's objectives on
Afghanistan as set out in UN Security Council Resolution 1378
and other relevant UN Security Council resolutions, through
close liaison with and support for UN Special Representative of
the Secretary-General Brahimi. For this purpose he shall act,
under the authority of the High Representative and liaising

closely with the Presidency, Member States and the Commis-
sion,

in particular in the following areas:

(a) supporting the establishment in Afghanistan of a stable and
legitimate broad-based multi-ethnic Government agreed
upon by the political forces associated with the UN process.
In this context, he shall convey the Union's views on the
political process;

(b) establishing and maintaining close contact with the Afghan

leaders inside as well as outside the country;

(c) establishing and maintaining close contact with relevant
international and regional actors, notably with the local
representatives of the UN;

(d) staying in close contact with neighbouring and other inter-
ested countries in the region so that their views on the
situation in Afghanistan are taken into account in Union
policy;

(e) advising the High Representative and the Council of the
progress of the Afghan factions and the transitional admin-
istration — when established — in the following areas:

— progress

towards

a broad-based and multi-ethnic
the Afghan
fully representative of all
government
people and committed to peace with Afghanistan's
neighbours,

— respect for human rights of all Afghan people, regard-

less 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 fundamental freedoms and
the principles of international

law,

— fostering participation by women in public administra-

tion 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, and

— support for the Afghanistan Support Group and the

G21;

L 326/2

EN

Official Journal of the European Communities

11.12.2001

(f) in consultation with representatives of Member States and
the Commission, contributing to ensure that the Union's
political approach is reflected in its action for the recon-
struction of Afghanistan;

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

the

Article 3

The EU Special Representative shall be assisted by a team in
Afghanistan, as needed by political and other developments,
and as permitted by security conditions. The constitution by
the EU Special Representative of his team will be subject to
further discussion and consultation with the Presidency,
assisted by the Secretary-General/High Representative and in
full association with the Commission.

Article 5

1.
Exceptionally and up to 31 December 2001, the adminis-
trative expenditure of the EU Special Representative shall also
be covered by Germany.

the administrative
from 1 January 2002,
2. With effect
expenditure of the EU Special Representative shall gradually be
taken over by the Council budget, by decision of the Secretary-
General/High Representative, subject to the allocations available
for EU Special Representatives under heading 1113 in the
Council Section of the general budget of the European Union.

3.
Any operational expenditure related to the mission of the
EU Special Representative would be covered by a future
in accordance with the guidelines
decision of
adopted by the Council on 30 March 2000.

the Council

Article 4

Article 6

The EU Special Representative shall be responsible for
1.
implementing his mandate in accordance with Article 2 and
with the conditions set out in his contract with the Council.

The EU Special Representative shall submit regular reports, on
his own initiative or when requested, to the Council through
the High Representative.

2. Member States and Union institutions may propose the
to work with the EU Special Repres-
secondment of staff
entative. The remuneration of personnel who might be
seconded by a Member State or a Union institution to the EU
Special Representative shall be covered respectively by the
Member State or the Union institution concerned.

3.
All A-type posts shall be published in Member States and
Union institutions and taken up by the best qualified appli-
cants.

The privileges, immunities and further guarantees neces-
4.
sary for the completion and smooth functioning of the mission
of the EU 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.

The Presidency, Commission and/or Member States, as

5.
appropriate, will provide logistical support in the region.

Article 7

This Joint Action shall enter into force on the date of its

1.
adoption. It shall apply until 10 June 2002.

2.

This Joint Action shall be regularly reviewed.

This Joint Action shall be published in the Official Journal.

Article 8

Done at Brussels, 10 December 2001.

For the Council

The President

L. MICHEL