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
Date: 2003-12-08
Institutions: Council of the European Union
Subjects: Middle East, appointment of staff, diplomatic representation, the EU's international role

L 326/46

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Official Journal of the European Union

13.12.2003

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 par-
ticular, Articles 14, 18(5) and 23(2) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

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.

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

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.

On the basis of a review of Joint Action 2002/965/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

tions 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 commit-
ment 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 elec-

tions and political and administrative reforms;

(c) contribute fully to peace-building, as well as to the recon-
struction 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.

The mandate of Mr Marc OTTE as the European Union Special
Representative (EUSR)
for the Middle East peace process is
hereby extended.

Article 3

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 rela-

(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.

In order to achieve the policy objectives, the mandate of the
EUSR shall be to:

(a) provide an active and efficient contribution from the Euro-
pean Union to actions and initiatives leading to a final
settlement of
the
Israeli-Syrian and Israeli-Lebanese conflicts;

the Israeli-Palestinian conflict and of

(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 rele-
vant countries, as well as the UN and other relevant inter-
in order to work with them in
national organisations,
strengthening the peace process;

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Official Journal of the European Union

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(c) ensure the continued presence of the European Union on
the ground and in relevant international fora and contri-
bute 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;

Article 5

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

1.
expenditure related to the mandate of
EUR 793 000.

(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;

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 prefinancing shall not
remain the property of the Community.

(f) pay particular attention to factors having implications for
the regional dimension of the Middle East peace process;

The management of the expenditure shall be subject to a

3.
contract between the EUSR and the Commission.

(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 Euro-
pean Union initiatives and ongoing Middle East peace
process-related European Union efforts, such as the contri-
bution 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 Euro-
pean 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 Euro-

pean 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

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

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

Article 6

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/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 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.

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.

Article 7

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.

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, 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.

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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 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.

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

Article 9

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

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 rele-
vant working groups and by the PSC. In the context of overall

Done at Brussels, 8 December 2003.

For the Council

The President

F. FRATTINI