Council Joint Action 2003/871/CFSP of 8 December 2003 extending and amending the mandate of the Special Representative of the European Union in Afghanistan
Date: 2003-12-08
Institutions: Council of the European Union
Subjects: Afghanistan, appointment of staff, diplomatic representation, the EU's international role

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COUNCIL JOINT ACTION 2003/871/CFSP

of 8 December 2003

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

THE COUNCIL OF THE EUROPEAN UNION,

Article 3

Having regard to the Treaty on European Union and, in par-
ticular, Articles 14, 18(5) and 23(2) thereof,

Whereas:

(1)

(2)

(3)

(4)

On 10 December 2002 the Council adopted Joint Action
2002/961/CFSP (1) amending and extending the mandate
of the Special Representative of the European Union in
Afghanistan.

By Council Joint Action 2003/448/CFSP the mandate of
the Special Representative was
extended until 31
December 2003.

On the basis of a review of Joint Action 2002/961/CFSP,
the mandate of the Special Representative should be
extended.

On 17 November 2003 the Council adopted Guidelines
on the appointment, mandate and financing for Euro-
pean Union Special Representatives,

HAS ADOPTED THIS JOINT ACTION:

Article 1

In order to achieve the policy objectives, the mandate of the
EUSR 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
the Tokyo document and Security
Bonn Agreement,
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;

The mandate of Mr Francesc VENDRELL as the European
Union Special Representative (EUSR) in Afghanistan is hereby
extended.

(e) advise on the progress of the Bonn process, in particular in

the following areas:

Article 2

The mandate of the EUSR will be based on the policy objectives
of the European Union in Afghanistan. In particular the EUSR
shall:

1. contribute to the integrity and full implementation of the
Bonn Agreement as well as the United Nations (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.

(1) OJ L 334, 11.12.2002, p. 3. Joint Action as amended by Joint

Action 2003/448/CFSP (OJ L 150, 18.6.2003, p. 73).

— 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 for 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 civil society,

— respect

for Afghanistan's

international obligations,
including cooperation in international efforts to combat
illicit drug trafficking and trafficking in
terrorism,
human beings,

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

— security sector reforms, including establishment of judi-

cial institutions, a national army and police force;

(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 com-
munity;

(g) advise on the participation and the positions of the Union

in international conferences on Afghanistan.

Article 4

The EUSR shall be responsible for the implementation of
1.
the mandate acting under the authority and operational direc-
tion 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

The financial reference amount intended to cover the
the EUSR shall be

1.
expenditure related to the mandate of
EUR 496 000.

2.
The expenditure financed by the amount stipulated in
paragraph 1 shall be managed in accordance with the proce-
dures and rules applicable to the general budget of the Euro-
pean Union with the exception that any pre-financing shall not
remain the property of the Community.

The management of the expenditure shall be subject to a

3.
contract between the EUSR and the Commission.

The Presidency, Commission, and/or Member States, as

4.
appropriate, will provide logistical support in the region.

Article 6

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 neces-
sary 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 Represen-
tative and to the PSC and may report also to the relevant
working group. Regular written reports will be circulated to the
High Representative, to the Council and to the Commission.
The EUSR may report to the General Affairs and External Rela-
tions Council on the recommendation of the High Representa-
tive and the PSC.

Article 8

To ensure the consistency of the external action of the Euro-
pean 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 Commis-
sion and Heads of Mission who shall make best efforts 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, the Council and the
Commission two months before the mandate expires, which
shall form a basis for evaluation of the Joint Action in the rele-
vant 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.

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

Article 10

This Joint Action shall enter into force on 1 January 2004.

It shall apply until 30 June 2004.

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

Article 11

Done at Brussels, 8 December 2003.

For the Council

The President

F. FRATTINI