2004/569/CFSP: Council Joint Action 2004/569/CFSP of 12 July 2004 on the mandate of the European Union Special Representative in Bosnia and Herzegovina and repealing Council Joint Action 2002/211/CFSP
Date: 2004-07-12
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, common foreign and security policy, diplomatic representation, regulations for civil servants, the EU's international role

28.7.2004

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Official Journal of the European Union

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

COUNCIL JOINT ACTION 2004/569/CFSP

of 12 July 2004

on the mandate of the European Union Special Representative in Bosnia and Herzegovina and
repealing Council Joint Action 2002/211/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

(5)

On 17 November 2003 the Council adopted Guidelines
on the appointment, mandate and financing for EUSRs,

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

HAS ADOPTED THIS JOINT ACTION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

On 11 March 2002 the Council adopted Joint Action
2002/211/CFSP appointing Lord Ashdown as the EU
Special Representative in Bosnia and Herzegovina (1)
and Joint Action 2002/210/CFSP
the
European Union Police Mission in order to ensure the
follow-on to the United Nations International Police Task
Force in Bosnia and Herzegovina (BiH) as from 1 January
2003 (2).

establishing

On 17 to 18 June 2004 the European Council adopted
the European Security Strategy: Comprehensive Policy for
Bosnia and Herzegovina, inter alia calling for explicit links
to the EU Special Representative (EUSR) as
far as
CFSP/ESDP instruments in Bosnia and Herzegovina are
the
concerned in order to allow the EUSR to assist
Secretary-General/High Representative and the Political
and Security Committee (PSC)
in ensuring maximum
coherence of the EU effort.

On 12 July 2004 the Council adopted Joint Action
2004/570/CFSP on the
European Union military
operation in Bosnia and Herzegovina (3) which designates
the EUSR. His mandate should be
a specific role of
modified accordingly and Joint Action 2002/211/CFSP
should be repealed.

The EUSR will implement his mandate in the context of
a situation which may deteriorate and could harm the
objectives of the CFSP as set out in Article 11 of the
Treaty on European Union.

(1) OJ L 70, 13.3.2002, p. 7.
(2) OJ L 70, 13.3.2002, p. 1. Joint Action as last amended by Joint

Action 2003/188/CFSP (OJ L 73 19.3.2003, p. 9).

(3) See page 10 of this Official Journal.

Lord Ashdown shall continue to exercise his functions as the
European Union Special Representative (EUSR) in Bosnia and
Herzegovina (BiH),
in accordance with the mandate set out
hereafter.

Article 2

the EUSR shall be based on the policy
The mandate of
objectives of the EU in BiH. These centre around continued
progress in the implementation of
the General Framework
Agreement for Peace in Bosnia and Herzegovina, in accordance
with the Office of the High Representative's Mission Implemen-
tation Plan, and in the Stabilisation and Association Process,
with the aim of a stable, viable, peaceful and multiethnic BiH,
cooperating peacefully with its neighbours and irreversibly on
track towards EU membership.

Article 3

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

(a) offer the EU's advice and facilitation in the political process;

(b) promote overall EU political coordination in BiH without

prejudice to Community competence;

(c) provide local political advice to the EUFOR Commander,
including with respect to the Integrated Police Unit style
capability, on which he may draw, in agreement with the
EUFOR Commander, without prejudice to the chain of
command;

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Official Journal of the European Union

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(d) contribute to reinforcement of internal EU coordination and
coherence in BiH, including through briefings to EU Heads
of Mission and through participation in, or representation
at, their regular meetings, through chairing a coordination
group composed of all EU actors present in the field with a
view to coordinating the implementation aspects of the EU's
action, and through providing guidance to them on
relations with the BiH authorities;

Article 5

the EUSR shall not

The role of
in any way prejudice the
mandate of the High Representative in Bosnia and Herzegovina,
including his coordinating role with regard to all activities of all
in GFAP and
civilian organisations and agencies as set out
subsequent Peace Implementation Council conclusions and
declarations.

(e) ensure consistency and coherence towards

the public,
without prejudice to Community competence. The EUSR
spokesperson will be the main EU point of contact for
BiH media on CFSP/ESDP issues;

Article 6

The financial reference amount

intended to cover the
1.
expenditure related to the mandate of the EUSR shall be EUR
200 000.

(f) maintain an overview over the whole range of activities in
the field of the Rule of Law and in this context provide
advice to the Secretary-General/High Representative and the
Commission as necessary;

(g) as part of his wider responsibilities, have authority to give
to the Head of Mission/Police

direction, as necessary,
Commissioner of the European Union Police Mission;

the TEU,

(h) as far as Community activities and activities under Title VI
of
including Europol, are concerned, provide
advice, as appropriate, and take part in the required local
coordination;

(i) with a view to coherence and possible synergies, continue
to be consulted on priorities for Community Assistance for
Reconstruction, Development and Stabilisation.

Article 4

The EUSR shall be responsible for the implementation of
1.
the authority and operational
the mandate acting under
direction of
the Secretary-General/High Representative. The
EUSR shall be accountable to the Commission for all expen-
diture.

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
to the EUSR within the
framework of the mandate.

and political

input

2.
The expenditure financed by the amount stipulated in
paragraph 1 shall be managed in accordance with the
procedures and rules applicable to the general budget of the
European Union with the exception that any prefinancing shall
not remain the property of the Community. Nationals of the
host and neighbouring countries are allowed to tender for
contracts.

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, shall provide logistical support in the region.

Expenditure shall be eligible as of the date of entry into

5.
force of this Joint Action.

Article 7

1.
An EU dedicated staff projecting an EU identity shall be
assigned to assist the EUSR to implement his mandate and
contribute to the coherence, visibility and effectiveness of the
overall EU action in BiH,
in particular in political, politico-
military and security affairs, and with regard to communication
and media relations. Within the limits of his mandate and the
corresponding financial means made available, the EUSR shall
be responsible for constituting his team in consultation with the
Presidency, assisted by the Secretary-General/High Represen-
tative, and in full association with the Commission. The EUSR
shall
inform the Presidency and the Commission of the final
composition of his team.

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EU Member States and Institutions may propose the
2.
secondment of staff to work with the EUSR. The remuneration
of staff who might be seconded by an EU Member State or
Institution to the EUSR shall be covered by the EU Member
State or Institution concerned, respectively.

3.
All A-type posts, which are not covered by secondment,
shall be advertised as appropriate by the General Secretariat of
the Council and also notified to EU Member States and Insti-
tutions in order to recruit the best-qualified applicants.

The

privileges,

immunities

4.
guarantees
necessary 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.

further

and

Article 8

As a rule, the EUSR shall report in person to the Secretary-
General/High Representative and to the PSC and may report
also to the relevant working group. Regular written reports
shall be circulated to the Secretary-General/High Representative,
Council and Commission. The EUSR may report to the Council
on the recommendation of the Secretary-General/High Repre-
sentative and the PSC.

Article 9

the EU external action,

To ensure the consistency of
the
activities of the EUSR shall be coordinated with those of the
Secretary-General/High Representative, the Presidency and the
Commission. The EUSR shall provide regular briefings
to
Member States' missions and Commission delegations. In the
field, close liaison shall be maintained with the Presidency, the
Commission 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, including, inter alia, the OSCE.

Article 10

The implementation of this Joint Action and its consistency
with other EU contributions 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 Secretary-
General/High Representative, Council and Commission two
months before the mandate expires. The report shall form a
Joint Action in the relevant
basis
In the context of overall
working groups and by the PSC.
priorities for deployment, the Secretary-General/High Represen-
tative shall make recommendations to the PSC concerning the
Council's decision on renewal, amendment or termination of
the mandate.

for evaluation of

this

Article 11

Joint Action 2002/211/CFSP is hereby repealed.

Article 12

This Joint Action shall enter into force on the day of
adoption.

its

It shall apply until 28 February 2005.

Article 13

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

Done at Brussels, 12 July 2004.

For the Council
The President

B. BOT