Council Joint Action 2007/87/CFSP of 7 February 2007 amending and extending the mandate of the European Union Special Representative in Bosnia and Herzegovina
Date: 2007-02-07
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, appointment of members, diplomatic representation, establishment of peace, political cooperation, the EU's international role

8.2.2007

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Official Journal of the European Union

L 35/35

COUNCIL JOINT ACTION 2007/87/CFSP

of 7 February 2007

amending and extending the mandate of the European Union Special Representative in Bosnia and
Herzegovina

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS JOINT ACTION:

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

On 30 January 2006, the Council adopted Joint Action
2006/49/CFSP (1)
appointing Mr Christian Schwarz-
Schilling as the European Union Special Representative
(EUSR) in Bosnia and Herzegovina.

On 25 July 2006,
the Council adopted Joint Action
2006/523/CFSP (2) amending the mandate of the EUSR
in Bosnia and Herzegovina.

On 7 June 2006, the Council approved the policy of the
European Union on the security of personnel deployed
outside the European Union in an operational capacity
under Title V of the Treaty.

On the basis of a review of Joint Action 2006/49/CFSP,
the mandate of
the EUSR should be amended and
extended for an additional four months until 30 June
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.

The EUSR will implement his mandate in the context of
a situation which may deteriorate and could harm the
objectives of the Common Foreign and Security Policy as
set out in Article 11 of the Treaty,

(1) OJ L 26, 31.1.2006, p. 21.
(2) OJ L 205, 27.7.2006, p. 30.

Article 1

European Union Special Representative

The mandate of Mr Christian Schwarz-Schilling as the European
Union Special Representative (EUSR) in Bosnia and Herzegovina
(BiH) is hereby extended until 30 June 2007.

Article 2

Policy objectives

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
in BiH,
the High Representative's Mission Implementation
Office of
Plan, and in the Stabilisation and Association Process, with
the aim of a stable, viable, peaceful and multiethnic BiH, coop-
erating peacefully with its neighbours and irreversibly on track
towards EU membership.

Article 3

Mandate

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;

including with respect

(d) provide the EU Force Commander with local political
to the Integrated Police
advice,
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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(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 repre-
sentation at,
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;

their regular meetings,

(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;

(m) support planning for a reinforced EUSR office in the
context of the closure of the Office of the High Represen-
including advice on public information
tative (OHR),
aspects of the transition,
in close coordination with the
Commission;

(n) contribute to the development and consolidation of respect
in
for human rights and fundamental freedoms in BiH,
accordance with EU human rights policy and EU Guidelines
on Human Rights;

(o) engage with relevant BiH authorities on their full coop-
for the

eration with the International Criminal Tribunal
Former Yugoslavia (ICTY);

(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 (SG/HR) and the
Commission with advice as necessary;

(p) provide political advice and facilitation in the process of

constitutional reform.

(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)

the international community's and the BiH
as part of
authorities' broader approach to the rule of
law, and
drawing upon the EUPM's provision of technical policing
the
expertise and assistance in this
preparation and implementation of police restructuring;

support

respect,

Article 4

Implementation of the mandate

1.
The EUSR shall be responsible for the implementation of
the authority and operational
the mandate acting under
direction of the SG/HR. 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 the EUSR
with strategic guidance and political input within the framework
of the mandate.

(j)

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

Article 5

High Representative

(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
Instrument of Pre-

for

to be consulted on priorities
accession Assistance;

the EUSR shall not

in any way prejudice the
The role of
mandate of the High Representative in BiH, including his coor-
dinating role with regard to all activities of all civilian organi-
sations and agencies as set out in GFAP and subsequent Peace
Implementation Council conclusions and declarations.

Article 6

Financing

The financial reference amount

1.
intended to cover the
expenditure related to the mandate of the EUSR in the period
from 1 March to 30 June 2007 shall be EUR 770 000.

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The expenditure financed by the amount stipulated in
2.
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.

defined with the parties. Member States and the Commission
shall grant all necessary support to such effect.

Article 8

Security

3.
The management of the expenditure shall be subject to a
contract between the EUSR and the Commission. The expen-
diture shall be eligible as from 1 March 2007.

The EUSR and the members of his team shall respect
1.
security principles and minimum standards established by
Council Decision 2001/264/EC of 19 March 2001 adopting
the Council's Security Regulations (1),
in particular when
managing EU classified information.

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

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

Article 7

Constitution of the team

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
in particular in political, politico-
overall EU action in BiH,
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.
EU Member States and Institutions may propose the
secondment of staff to work with the EUSR. The remuneration
of staff who are 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,

4.
guarantees
necessary for the completion and smooth functioning of the
mission of the EUSR and the members of his staff shall be

immunities

further

and

in accordance with the policy of the
The EUSR shall,
2.
European Union on the
security of personnel deployed
outside the EU in an operational capacity under Title V of the
Treaty, take all reasonably practicable measures, in conformity
with his mandate and the security situation in his geographical
area of responsibility, for the security of all personnel under his
direct authority, notably by:

(i) establishing a mission-specific security plan based on
Council Secretariat guidance,
including mission-specific
physical, organisational and procedural security measures,
secure movement of
governing management of
personnel to, and within, the mission area, the management
of
security incidents and a mission contingency and
evacuation plan;

the

(ii) ensuring that all personnel deployed outside the EU are
required by the

covered by high risk insurance
conditions in the mission area;

as

(iii) ensuring that all members of his team to be deployed
including locally contracted
outside the European Union,
personnel, have
security training
received appropriate
before or upon arriving in the mission area, based on the
risk ratings assigned to the mission area by the Council
Secretariat;

(iv) ensuring that all agreed recommendations made following
regular security assessments are implemented and providing
the SG/HR, the Council and the Commission with written
reports on their implementation and on other security
issues within the
the mid-term and
framework of
mandate implementation reports;

(1) OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision

2005/952/EC (OJ L 346, 29.12.2005, p. 18).

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(v) ensuring, as necessary and within his responsibilities as part
of the chain of command, that a coherent approach is
taken with regard to the security of personnel across all
EU elements present in a crisis management operation or
operations in his geographical area of responsibility.

Article 9

Reporting

Article 11

Review

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 the SG/HR, the Council and the Commission with a
comprehensive mandate implementation report by mid May
2007.

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. On the recommendation of the
SG/HR and the PSC, the EUSR may report to the Council.

Article 12

Entry into force

Article 10

Coordination

1.
To ensure the consistency of the external action 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 Member
and
In the field,
Commission delegations with regular briefings.
close liaison shall be maintained with the Presidency,
the
Commission and Heads of Mission who shall make best
efforts
the
mandate. The EUSR shall also liaise with other international
and regional actors in the field.

the EUSR in the implementation of

States' missions

to assist

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

its

Article 13

Publication

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

Done at Brussels, 7 February 2007.

2.
In support of EU crisis management operations, the EUSR,
with other EU actors present in the field, shall
improve the
information by EU actors in
dissemination and sharing of
theatre with a view to achieving a high degree of common
situation awareness and assessment.

For the Council
The President

F.-W. STEINMEIER