Council Joint Action 2007/108/CFSP of 15 February 2007 extending the mandate of the European Union Special Representative for Sudan
Date: 2007-02-15
Institutions: Council of the European Union
Subjects: Sudan, common foreign and security policy, diplomatic representation, the EU's international role

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Official Journal of the European Union

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COUNCIL JOINT ACTION 2007/108/CFSP

of 15 February 2007

extending the mandate of the European Union Special Representative for Sudan

THE COUNCIL OF THE EUROPEAN UNION,

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

in

Whereas

(1)

(2)

(3)

(4)

On 5 July 2006,
the Council adopted Joint Action
2006/468/CFSP renewing and revising the mandate of
the 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
to contain and resolve the
the international efforts
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
individual rebel factions. The Union will support efforts
to broaden support for the DPA among rebel groups as a
crucial element of an all-inclusive political process, which
remains the 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 Union as regards the implementation of the
DPA, including in relation to the Darfur-Darfur Dialogue
and Consultation process.

(5)

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

significant

(1) OJ L 184, 6.7.2006, p. 38.

(6)

(7)

(8)

informed by the report of

On 31 March 2005, the United Nations (UN) Security
the International
Council,
Commission of
international
humanitarian law and human rights law in Darfur,
adopted Resolution 1593 (2005) which refers
the
situation in Darfur to the International Criminal Court.

Inquiry on violations of

On 31 August 2006, the UN Security Council adopted
Resolution 1706 (2006), which mandates
the UN
Mission in Sudan (UNMIS) to intensify its engagement
in Darfur as well to take steps, in consultation with the
AU,
to strengthen the African Union mission in the
Darfur (AMIS) through the use of UN resources. With
a view to implementing this decision, the UN, the AU
for a High Level
and the Sudanese government met
Consultation in Addis Ababa on 16 November 2006.
The parties agreed on a three-phased approach of
UN support
for AMIS leading to an eventual hybrid
AU-UN Force.

The AU Peace and Security Council, while endorsing the
conclusions of the Addis Ababa Consultation, decided to
extend the mandate of AMIS for a period of 6 months
until 30 June 2007, subject to review by the AU and
based on the availability of financial resources. On 15
December 2006, the European Council agreed to extend
the European Union civilian-military supporting action to
AMIS. Commensurate political engagement with the AU,
the UN and the Government of Sudan, and specific coor-
dination capacity, therefore continues to be required.

(9)

On 19 December 2006,
appointed a Special Envoy for Darfur.

the UN Secretary-General

(10)

the

contacts of

activities of

The permanent presence in Khartoum allows for a conti-
nuation of
the EUSR with the
Government of Sudan,
the Sudanese political parties,
the AMIS Mission Headquarter, the United Nations and
its agencies, and diplomatic missions, as well as a parti-
cipation in the
and
Evaluation Committees established to oversee the imple-
mentation of CPA and DPA respectively and closer moni-
the
toring of
conclusion of
the Eastern Sudan Peace Agreement
(ESPA). Similarly, a presence in Juba would allow for
maintaining closer and more regular contacts with the
Government of Southern Sudan and the SPLM, as well as
following the situation in Southern Sudan more closely.

the situation in Eastern Sudan after

the Assessment

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(11) 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 European Union.

Article 3

Mandate

In order to achieve the policy objectives the EUSR's

1.
mandate shall be to:

(12) On the basis of a review of Joint Action 2006/468/CFSP,
the mandate of the EUSR for Sudan should, in principle,
be extended for a period of 12 months.

(a)

(13) Mr Pekka HAAVISTO has informed the Secretary-Gener-
al/High Representative of his intention to resign at the
end of April 2007. His mandate should thus be extended
until 30 April 2007. The Council intends to appoint a
new EUSR for the remaining period of the mandate.

(14)

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

Southern Sudan,

the Government of Sudan,

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

and maintain close
relevant

the Darfur

(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;

HAS ADOPTED THIS JOINT ACTION:

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

DPA Assessment and Evaluation Commissions;

Article 1

(d) follow developments regarding the implementation of the

ESPA;

European Union Special Representative

The mandate of Mr Pekka HAAVISTO as European Union Special
Representative (EUSR) for Sudan is hereby extended until 30
April 2007.

Article 2

Policy objectives

The mandate of
the EUSR shall be based on the policy
objectives of the European Union in Sudan, notably as regards:

(a) efforts, as part of

the international community and in
support of
the African Union (AU) and the United
Nations (UN), to assist the Sudanese parties, the AU and
the UN to achieve a political settlement of the conflict in
Darfur, including through the implementation of the Darfur
Peace Agreement (DPA) and to facilitate the implementation
of the Comprehensive Peace Agreement (CPA) and promote
South-South dialogue, as well as facilitating the implemen-
tation of the Eastern Sudan Peace Agreement (ESPA), with
due regard to the regional ramifications of these issues and
to the principle of African ownership; and

(b) ensuring maximum effectiveness

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

and visibility of

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

(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
in particular
Sudanese authorities,
the AU and the UN,
with the Office of
the High Commissioner for Human
the human rights observers active in the region
Rights,
and the Office of
the International
Criminal Court.

the Prosecutor of

For the purpose of the fulfilment of his mandate, the

2.
EUSR shall, inter alia:

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

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

butions to AMIS;

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(c) support the political process and activities relating to the
implementation of the CPA, the DPA and the ESPA; and

Article 6

Constitution of the Team

(d) follow up and report on compliance by the Sudanese parties
with the relevant UN Security Council Resolutions, notably
1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005),
1672 (2006), 1679 (2006) and 1706 (2006).

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 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.

Article 4

Implementation of the mandate

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

Secretary-General/High

the

of

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 are 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.

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.

3.
All A-type posts which are not covered by secondment
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 best-qualified
applicants.

to recruit

The EUSR shall

to the PSC on the
regularly report
3.
situation in Darfur and the Union's assistance to AMIS, as
well as on the situation in Sudan as a whole.

Article 5

Financing

1.
The expenditure relating to the mandate of the EUSR in
the period from 1 March 2007 to 30 April 2007 shall be
covered by the financial reference amount decided by the
Council for the mandate of the EUSR during the period from
18 July 2006 to 28 February 2007.

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 pre-financing shall
not remain the property of the Community.

The management of the expenditure shall be subject to a

3.
contract between the EUSR and the Commission.

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

Security

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
in particular when
the Council's
managing EU classified information.

regulations (1),

security

2.
The EUSR shall,
in accordance with the policy of the
security of personnel deployed
European Union on the
outside the European Union in an operational capacity under
Title V of the Treaty on European Union, 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:

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

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

(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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(a) establishing a mission-specific

security plan based on
the Council,
guidance from the General Secretariat of
including mission-specific physical, organisational
and
procedural security measures, governing management of
the
the secure movement of personnel
mission area, the management of security incidents and a
mission contingency and evacuation plan;

to, and within,

(b) ensuring that all personnel deployed outside the European
Union are covered by high risk insurance as required by the
conditions in the mission area;

(c) 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 General
Secretariat of the Council;

components of the Union's supporting action referred to in
paragraph 1. The EUSR shall bear no responsibility in this
respect.

5.
An Office of the EUSR shall be established in Khartoum,
comprising a Political Advisor and the necessary administrative
and logistic support staff.
In accordance with the mandate
described in article 3, sub-offices in Darfur and Southern
Sudan shall also be established if
the Office in Khartoum
cannot provide all necessary support to EUSR staff deployed
in other regions of Sudan. The Office in Khartoum shall draw
on the technical expertise of the EUSR Office in Addis Ababa
regarding military and police matters, whenever required.

Article 9

Reporting

(d) 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 framework of the mid-term and mandate
implementation reports;

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 General Affairs
and External relations Council.

(e) 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 10

Coordination

Article 8

Coordination Cell

1.
In the coordination of the Union's contributions to AMIS,
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

shall not

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.
and
The EUSR shall provide Member
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

Article 11

Review

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

Article 12

Entry into force

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

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

its

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

Article 13

Publication

Done at Brussels, 15 February 2007.

For the Council
The President

W. SCHÄUBLE