Council Joint Action 2006/49/CFSP of  30 January 2006  appointing the European Union Special Representative in Bosnia and Herzegovina
Date: 2006-01-30
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, common foreign and security policy, diplomatic representation, the EU's international role

31.1.2006

EN

Official Journal of the European Union

L 26/21

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

COUNCIL JOINT ACTION 2006/49/CFSP

of 30 January 2006

appointing the European Union Special Representative in Bosnia and Herzegovina

THE COUNCIL OF THE EUROPEAN UNION,

(7)

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

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,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The mandate of the European Union Special Represen-
tative (EUSR) in Bosnia and Herzegovina (BiH), as set out
in Joint Action 2004/569/CFSP (1) on 12 July 2004, is
due to expire on 28 February 2006.

On 24 November 2005,
the Council adopted Joint
Action 2005/824/CFSP on the European Union Police
in Bosnia and Herzegovina (2), which
Mission (EUPM)
the EUPM with an
provides
adjusted mandate and size.

for a continuation of

the Peace Implementation
On 14 December 2005,
Council
appointed Mr Christian
Board
Steering
Schwarz-Schilling as High Representative in Bosnia and
Herzegovina, as the successor to Lord Ashdown, with
effect from 1 February 2006.

Mr Schwarz-Schilling should be appointed as the new
EUSR in Bosnia and Herzegovina with effect from 1
February 2006 and Joint Action 2004/569/CFSP should
be repealed with effect from the same date.

On the basis of a review of Joint Action 2004/569/CFSP,
the mandate of the EUSR should be extended until 28
February 2007.

The EUSR's mandate should be implemented in coordi-
nation with the Commission in order
to ensure
consistency with other relevant activities falling within
Community competence.

(1) OJ L 252, 28.7.2004, p. 7. Joint Action as last amended by Joint
Action 2005/825/CFSP (OJ L 307, 25.11.2005, p. 59 and corri-
gendum in OJ L 349, 31.12.2005, p. 35).

(2) OJ L 307, 25.11.2005, p. 55.

HAS ADOPTED THIS JOINT ACTION:

Article 1

SCHWARZ-SCHILLING is

appointed
Mr Christian
European Union Special Representative (EUSR) in Bosnia and
Herzegovina with effect
from 1 February 2006 until 28
February 2007.

hereby

Article 2

The mandate of
the EUSR shall be based on the policy
objectives of the EU in BiH. These centre around continued
the General Framework
progress in the implementation of
Agreement for Peace (GFAP)
in
accordance with the Office of
the High Representative's
Mission Implementation Plan, and in the Stabilisation and Asso-
ciation Process, with the aim of a stable, viable, peaceful and
multi-ethnic BiH, cooperating peacefully with its neighbours and
irreversibly on track towards EU membership.

in Bosnia and Herzegovina,

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;

(c) promote overall EU coordination of, and give local political
direction to, EU efforts in tackling organised crime, without
prejudice to the European Union Police Mission (EUPM)'s
leading role in the coordination of policing aspects of these
efforts and to the ALTHEA (EUFOR) military chain of
command;

(d) provide the EU Force Commander with local political
advice, including with respect to the Integrated Police Unit
style capability, on which the EUSR may draw, in agreement
with the said Commander, without prejudice to the chain of
command;

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Official Journal of the European Union

31.1.2006

(e) 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 them with guidance on
relations with the BiH authorities;

(f) ensure consistency and coherence of EU action towards the
public. The EUSR spokesperson shall be the main EU point
of contact for BiH media on Common Foreign and Security
Policy/European Security and Defence Policy (CFSP/ESDP)
issues;

(g) maintain an overview of the whole range of activities in the
field of the rule of law and in this context provide the
Secretary-General/High Representative
and the
Commission with advice as necessary;

(SG/HR)

(h) provide the Head of Mission of

the EUPM with local
political guidance as part of his wider responsibilities and
his role in the chain of command for EUPM;

(i) as part of the international community's and the BiH autho-
rities' broader approach to the rule of law, and drawing
upon the EUPM's provision of technical policing expertise
and assistance in this respect, support the preparation and
implementation of police restructuring;

(j) provide support for a reinforced and more effective BiH
criminal justice/police interface, in close liaison with EUPM;

(k) as far as activities under Title VI of the Treaty,

including
Europol, and related Community activities are concerned,
provide the SG/HR and the Commission with advice as
necessary, and take part in the required local coordination;

(l) 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 mandate acting under
the authority and operational
direction of the SG/HR. The EUSR shall be accountable to the
Commission for all expenditure.

guidance
framework of the mandate.

and political

input

to the EUSR within the

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
civilian organisations and agencies as set out
in GFAP and
subsequent Peace Implementation Council conclusions and
declarations.

Article 6

The financial reference amount

1.
intended to cover the
expenditure related to the mandate of the EUSR shall be EUR
770 000.

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 shall be allowed to tender for
contracts.

3.
The management of the expenditure shall be subject to a
contract between the EUSR and the Commission. Expenditure
shall be eligible as from 1 February 2006.

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

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

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 SG/HR, and in full association with
the Commission. The EUSR shall inform the Presidency and the
Commission of the final composition of his team.

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

2.
EU Member States and Institutions may propose the
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.

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All A-type posts, which are not covered by secondment,
3.
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

region shall be kept under regular review. The EUSR shall
to the SG/HR, Council and Commission a progress
present
report before the end of
June 2006 and a comprehensive
mandate
implementation report by mid-November 2006.
These reports shall form a basis for evaluation of this Joint
Action in the relevant Working Groups and by the PSC. In
the context of overall priorities for deployment,
the SG/HR
shall make recommendations
to the PSC concerning the
Council's decision on renewal, amendment or termination of
the mandate.

Article 8

Article 11

As a rule, the EUSR shall report in person to the SG/HR and to
the PSC and may report also to the relevant working group.
Regular written reports shall be circulated to the SG/HR,
Council and Commission. The EUSR may report
to the
Council on the recommendation of the SG/HR and the PSC.

Joint Action 2004/569/CFSP shall be repealed with effect from
1 February 2006.

Article 12

Article 9

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

its

To ensure consistency of the EU external action, the activities of
the EUSR shall be coordinated with those of the SG/HR, the
Presidency and the Commission. The EUSR shall provide regular
briefings to Member States' missions and Commission dele-
gations. 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 contributions from the European Union to the

Article 13

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

Done at Brussels, 30 January 2006.

For the Council
The President

U. PLASSNIK