Council Joint Action of 10 December 2002 amending and extending the mandate of the Special Representative of the European Union in Afghanistan
Date: 2002-12-10
Institutions: Council of the European Union
Subjects: Afghanistan, appointment of staff, diplomatic representation, the EU's international role

11.12.2002

EN

Official Journal of the European Communities

L 334/3

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,

Article 3

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

Whereas:

(1)

(2)

(3)

(4)

Council Joint Action 2001/875/CFSP of 10 December
2001 concerning the appointment of the Special Repre-
sentative of the European Union in Afghanistan (1) is due
to expire on 31 December 2002.

On the basis of a review of
mandate of
amended and extended.

the Special Representative

that

Joint Action,

the
should be

Clear lines of responsibility as well as the coordination
and consistency of the European Union external action
in Afghanistan should be ensured.

On 30 March 2000 the Council adopted guidelines on
the appointing procedure and administrative arrange-
ments
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 conso-
lidation 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.

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
including the
parties and the international community,
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 interna-
tional 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, 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 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,

(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).

— facilitation of humanitarian assistance and the orderly
return of refugees and internally displaced persons,

L 334/4

EN

Official Journal of the European Communities

11.12.2002

— security sector reforms, including establishment of judi-
cial institutions, a national army and police force, and
— transition to a Consultative Group process for aid coor-

dination;

(f) in consultation with representatives of Member States and
the Commission, contribute to ensure that the Union's poli-
tical approach is reflected in its action for the reconstruc-
tion of Afghanistan,
including to encourage a process
undertaken by the Afghan Transitional Government in part-
nership 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 commu-
nity;

(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.

The Special Representative shall maintain a privileged link
2.
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 Special Representative shall conclude a contract with

1.
the Council.

The Presidency, Commission and/or Member States, as

2.
appropriate, will provide logistical support in the region.

The privileges, immunities and further guarantees neces-
4.
sary 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 coor-
dinated with those of the High Representative, the Presidency
and the Commission. In the field, close liaison shall be main-
tained with the Presidency,
the Commission and Heads of
Mission who shall make their best efforts to assist the Special
the mandate. The
Representative in the implementation of
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 Repre-
sentative 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 Represen-
tative shall make recommendations to the PSC concerning the
Council's decision on renewal, amendment or termination of
the mandate.

Article 6

Article 10

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 European Union
concerned respectively.

the institution of

All A-type posts to be filled shall be published in Member
3.
States and institutions of the European Union and taken up by
the best qualified applicants.

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

It shall apply until 30 June 2003.

This Joint Action shall be published in the Official Journal.

Article 11

Done at Brussels, 10 December 2002.

For the Council

The President

P. S. MØLLER