Council Joint Action 2006/468/CFSP of  5 July 2006  renewing and revising the mandate of the Special Representative of the European Union for Sudan
Date: 2006-07-05
Institutions: Council of the European Union
Subjects: EU financing, Sudan, appointment of staff, common foreign and security policy, diplomatic profession, establishment of peace

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Official Journal of the European Union

6.7.2006

COUNCIL JOINT ACTION 2006/468/CFSP

of 5 July 2006

renewing and revising the mandate of the Special Representative of the European Union for Sudan

THE COUNCIL OF THE EUROPEAN UNION,

and specific coordination capacity, therefore continues to
be required.

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

in

Whereas

(1)

(2)

(3)

(4)

(5)

(6)

On 18 July 2005 the Council adopted Joint Action
2005/556/CFSP appointing a Special Representative of
the European Union for Sudan (1).

The European Union has been actively involved at
level since the beginnings of
diplomatic and political
the international efforts
to contain and resolve the
Darfur crisis.

The Union wishes to strengthen its political role in a
crisis with a multitude of local, regional and international
actors and to maintain coherence between the Union's
assistance to the crisis management in Darfur, led by the
African Union (AU), on the one hand, and overall
political relations with Sudan, including implementation
of the Comprehensive Peace Agreement (CPA) between
the Government of Sudan and the Sudan Peoples
Liberation Movement/Army (SPLM/A), on the other.

On 5 May 2006, the Darfur Peace Agreement (DPA) was
concluded in Abuja by the Government of Sudan and the
Sudan Liberation Movement/Army (SLM/A). The Union
will work for the full and rapid implementation of the
DPA as a precondition for lasting peace and security and
an end to the suffering of millions of the people in
Darfur. The functions of the Special Representative of
the European Union (EUSR) should take full account of
the role of the EU as regards the implementation of the
DPA, including in relation to the Darfur-Darfur Dialogue
and Consultation process.

The Union has provided a
amount of
assistance to the AU mission in the Darfur region of
Sudan (AMIS)
in terms of planning and management
support, funding and logistics.

significant

The AU has stated the need to increase significantly the
strength of AMIS in light of the additional tasks to be
performed by the Mission with respect to the implemen-
tation of the DPA, implying the enhancement of AMIS in
terms of additional military and civilian police personnel,
logistics and overall capacity. On 15 May 2006 the
Council agreed to extend the European Union civilian-
military supporting action to the African Union mission
in the Darfur region of Sudan. Commensurate political
engagement with the AU and the Government of Sudan,

(1) OJ L 188, 20.7.2005, p. 43.

(7)

(8)

(9)

(10)

On 31 March 2005 the UN Security Council adopted
Resolution 1593(2005) on the report of the International
Commission of
international
humanitarian law and human rights law in Darfur.

Inquiry on violations of

the AMIS Mission Headquarters,
and its

The establishment of a permanent presence in Khartoum
would allow for a strengthening of the contacts of the
the Sudanese
EUSR with the Government of Sudan,
the
political parties,
United Nations
and diplomatic
missions, as well as a closer monitoring of, and partici-
pation in, the activities of the Assessment and Evaluation
Committee and related working groups or commissions.
It would also make it possible to follow more closely the
situation in Eastern Sudan as well as to maintain regular
contacts with the Government of South Sudan and the
SPLM.

agencies,

The mandate of the EUSR for Sudan should therefore be
revised and renewed, and its duration aligned with the
mandates of other EUSRs. Consequently,
Joint Action
2005/556/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,

HAS ADOPTED THIS JOINT ACTION:

Article 1

The mandate of Mr Pekka HAAVISTO as European Union Special
Representative (EUSR)
for Sudan shall be renewed until 28
February 2007.

Article 2

The mandate of
objectives of
regards:

the EUSR shall be based on the policy
the European Union in Sudan, notably as

(a) efforts, as part of

the international community and in
support of the African Union (AU) and the UN, to assist
the Sudanese parties, the AU and the UN to implement the
Darfur Peace Agreement (DPA) as well as to facilitate the
implementation of
the Comprehensive Peace Agreement
(CPA) and to promote South-South dialogue, with due
regard to the regional ramifications of these issues and to
the principle of African ownership; and

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(b) ensuring maximum effectiveness

the
Union's contribution to the AU mission in the Darfur
region of Sudan (AMIS).

and visibility of

Article 3

In order to achieve the policy objectives the EUSR's

1.
mandate shall be to:

(a)

liaise with the AU, the Government of Sudan, the Darfur
armed movements and other Sudanese parties as well as
non-governmental organisations and maintain close colla-
international
boration with the UN and other
actors, with the aim of pursuing the Union's policy
objectives;

relevant

(b) represent the Union at the Darfur-Darfur dialogue, at high-
level meetings of the Joint Commission, as well as other
relevant meetings as requested;

(c) represent the Union, whenever possible, at the CPA and

DPA Assessment and Evaluation Commissions;

(d) follow developments

regarding

the
the Sudan and the Eastern Front, and
if requested by the

between

talks

the Union at such talks,

Government of
represent
parties and the mediation;

Article 4

The EUSR shall be responsible for the implementation of
1.
the authority and operational
the mandate acting under
direction
Representative
(SG/HR). The EUSR shall be accountable to the Commission
for all expenditure.

Secretary-General/High

the

of

The Political and Security Committee (PSC) shall maintain
2.
a privileged link with the EUSR and shall be the primary point
of contact with the Council. The PSC shall provide the EUSR
with strategic guidance and political input within the framework
of the mandate.

regularly report

The EUSR shall

to the PSC on the
3.
situation in Darfur,
in particular on the implementation of
the Darfur Peace Agreement and of the Union's assistance to
AMIS, as well as on the situation in Sudan as a whole.

Article 5

The financial reference amount

1.
intended to cover the
expenditure related to the mandate of the EUSR in the period
from 18 July 2006 until 28 February 2007 shall be EUR
1 030 000.

(e) ensure coherence between the Union's contribution to crisis
management in Darfur and the overall political relationship
of the Union with Sudan;

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

(f) with regard to human rights, including the rights of children
and women, and the fight against impunity in Sudan, follow
the situation and maintain regular contacts with the
Sudanese authorities,
in particular
the High Commissioner for Human
with the Office of
the human rights observers active in the region
Rights,
and the Office of
the International
Criminal Court.

the AU and the UN,

the Prosecutor of

3.
The management of the expenditure shall be subject to a
contract between the EUSR and the Commission. Expenditure
shall be eligible as from 18 July 2006.

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

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

For the purpose of the fulfilment of his mandate, the

2.
EUSR shall, inter alia:

Article 6

(a) maintain an overview of all activities of the Union;

(b) ensure coordination and coherence of the Union's contri-

butions to AMIS;

(c) support the political process and activities relating to the

implementation of the CPA and the DPA; and

(d) follow up and report on compliance by the Sudanese parties
with the relevant UN Security Council Resolutions, notably
1556(2004),
1593(2005),
1672(2006) and 1679(2006).

1591(2005),

1564(2004),

1. 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 Representative, and in
full association with the Commission. The EUSR shall inform
the Presidency and the Commission of the final composition of
his 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.

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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 notified to Member States and institutions of
the European Union in order
the bestqualified
applicants.

to recruit

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 7

In the coordination of the Union's contributions to AMIS,
1.
the EUSR shall be assisted by the ad hoc Coordination Cell
(EUSR Office) established in Addis Ababa, acting under his
authority, as
Joint Action
referred to in Article 5(2) of
2005/557/CFSP of 18 July 2005 on the European Union
civilian-military
supporting action to the African Union
mission in the Darfur region of Sudan (1).

The EUSR Office in Addis Ababa shall comprise a political

2.
advisor, a senior military advisor and a police advisor.

3.
The police and military advisors in the EUSR Office shall
act as advisors to the EUSR respectively regarding the police and
military components of the Union's supporting action referred
to in paragraph 1. In that capacity, they shall report to the
EUSR.

The police

4.
receive
and military advisors
instructions from the EUSR regarding the management of
expenditure in relation respectively to the police and military
components of the Union's supporting action referred to in
paragraph 1. The EUSR shall bear no responsibility in this
respect.

shall not

5.
An Office of the EUSR shall be established in Khartoum,
comprising a Political Advisor and the necessary administrative
and logistic support staff. The Office in Khartoum shall draw on
the EUSR Office in Addis Ababa
the technical expertise of
regarding military and police matters, whenever required.

General Affairs and External relations Council on the recom-
mendation of the SG/HR and the PSC.

Article 9

the external action of

To ensure the consistency of
the
European Union, 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'
In the field, close
missions and Commission delegations.
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.

Article 10

The implementation of this Joint Action and its consistency
with other contributions from the Union to the region shall
be kept under regular review. The EUSR shall present to the
SG/HR, Council and Commission a comprehensive mandate
implementation report by mid-November 2006. This report
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 recom-
mendations to the PSC concerning the Council's decision on
renewal, amendment or termination of the mandate.

Article 11

This Joint Action shall enter into force on the day of
adoption. It shall apply as from 18 July 2006.

its

Joint Action 2005/556/CFSP is hereby repealed with effect from
18 July 2006.

Article 12

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

Article 8

Done at Brussels, 5 July 2006.

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, the
Council and the Commission. The EUSR may report to the

For the Council
The President

P. LEHTOMÄKI

(1) OJ L 188, 20.7.2005, p. 46.