Council Joint Action 2007/110/CFSP of 15 February 2007 extending and amending the mandate of the European Union Special Representative for the Middle East peace process
Date: 2007-02-15
Institutions: Council of the European Union
Subjects: Middle East, common foreign and security policy, diplomatic representation, peace, the EU's international role

16.2.2007

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Official Journal of the European Union

L 46/71

COUNCIL JOINT ACTION 2007/110/CFSP

of 15 February 2007

extending and amending the mandate of the European Union Special Representative for the
Middle East peace process

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:

Article 2

Policy objectives

1.
The mandate of the EUSR shall be based on the policy
objectives of the European Union regarding the Middle East
peace process.

On 20 February 2006, the Council adopted Joint Action
2006/119/CFSP extending the mandate of the European
Union Special Representative (EUSR) for the Middle East
peace process (1) until 28 February 2007.

2.

These objectives include:

(1)

(2)

(3)

(4)

(5)

(6)

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.

On 14 November 2005 the Council adopted Joint Action
2005/797/CFSP on the European Union Police Mission
for the Palestinian territories (2), EUPOL COPPS, which
designates a specific role for the EUSR.

On 25 November 2005 the Council adopted Joint Action
2005/889/CFSP establishing a European Union Border
(EU
Assistance Mission for the Rafah Crossing Point
BAM Rafah) (3), which also designates a specific role for
the EUSR.

On the basis of a review of Joint Action 2006/119/CFSP,
the mandate of
the EUSR should be amended and
extended for a 12-month period.

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 as set
out in Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Marc OTTE as the European Union Special
for the Middle East peace process is
Representative (EUSR)
hereby extended until 29 February 2008.

(1) OJ L 49, 21.2.2006, p. 8.
(2) OJ L 300, 17.11.2005, p. 65.
(3) OJ L 327, 14.12.2005, p. 28.

(a) a two-State solution with Israel and a democratic, viable,
peaceful and sovereign Palestinian State living side by side
within secure and recognised borders enjoying normal
relations with their neighbours in accordance with United
Nations (UN) Security Council Resolutions 242 (1967), 338
(1973), 1397 (2002) and 1402 (2002) and the principles of
the Madrid conference;

(b) solution in the Israeli-Syrian and Israeli-Lebanese tracks;

(c) a fair solution to the complex issue of Jerusalem and a just,
viable and agreed solution to the problem of Palestinian
refugees;

(d) convening of a peace conference in due course, which
should address political and economic aspects as well as
matters relating to security, confirm the parameters of a
political solution and establish a realistic and well-defined
timescale;

(e)

sustainable and effective policing
the establishment of
arrangements under Palestinian ownership in accordance
with best international standards,
in cooperation with the
European Community's institution building programmes as
well as other international efforts in the wider context of
Security Sector, including Criminal Justice Reform;

(f) continue to provide a third party presence at the Rafah
Crossing Point in order to contribute, in cooperation with
the Community's institution-building efforts, to the opening
of the Rafah Crossing Point and to build up confidence
between the Government of
Israel and the Palestinian
Authority.

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These objectives are based on the European Union's

3.
commitment to:

(f) pay particular attention to factors having implication for
the regional dimension of the Middle East peace process;

(a) work with the parties and with partners in the international
community, especially within the framework of the Middle
East Quartet, to pursue every opportunity for peace and for
a decent future for all people of the region;

(g)

engage constructively with signatories to agreements within
the framework of the peace process in order to promote
compliance with the basic norms of democracy, including
respect for human rights and the rule of law;

(b) continue to assist in Palestinian political and administrative

reforms, the electoral process and security reforms;

(c) contribute fully to peace building, as well as to the recovery
of the Palestinian economy as an integral part of regional
development.

4.
The EUSR shall support
General/High Representative (SG/HR)
in the framework of the Middle East Quartet.

the work of

in the region,

the Secretary-
including

Article 3

Mandate

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

(h) contribute to the implementation of the European Union
human rights policy and European Union Guidelines on
in particular with regard to children and
Human Rights,
women in conflict-affected areas, especially by monitoring
and addressing developments in this regard.

(i)

report on the possibilities for European Union intervention
in the peace process and on the best way of pursuing
European Union initiatives and ongoing Middle East
peace-process-related European Union efforts, such as the
contribution of the European Union to Palestinian reforms,
and including the political aspects of relevant European
Union development projects;

(j) monitor actions by either side on the implementation of
the roadmap and on issues
that might prejudice the
outcome of the permanent status negotiations to enable
the Middle East Quartet
the parties'
compliance;

to better assess

(a) provide an active and efficient contribution from the
European Union to actions and initiatives leading to a
final settlement of the Israeli-Palestinian conflict and of
the Israeli-Syrian and Israeli-Lebanese conflicts;

(k)

cooperation on security
Union-Palestinian

issues within the
facilitate
European
Security
Committee set up on 9 April 1998 as well as in other
ways;

Permanent

(b)

facilitate and maintain close contact with all the parties to
the Middle East peace process, other countries of
the
region, members of the Middle East Quartet and other
relevant countries, as well as the UN and other relevant
international organisations, in order to work with them in
strengthening the peace process;

(l)

contribute to a better understanding of the role of the
European Union among opinion leaders in the region;

(c)

ensure continued presence of the European Union on the
ground and in relevant international fora and contribute to
crisis management and prevention;

(m) develop and implement a European Union programme
relating to security issues. To this end, the EUSR may be
assisted by an expert charged with the practical implemen-
tation of operational projects related to security issues;

(d) observe and support peace negotiations between the parties
and offer the European Union's advice and good offices as
appropriate;

(n) give guidance, as necessary, to the Head of Mission/Police
Commissioner of the European Union Coordinating Office
for Palestinian Police Support (EUPOL COPPS);

(e)

contribute, where requested,
to the implementation of
international agreements reached between the parties and
engage with them diplomatically in the event of non-
compliance with the terms of these agreements;

(o) give guidance, as necessary, to the Head of Mission of the
European Union Border Assistance Mission for the Rafah
Crossing Point (EU BAM Rafah).

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Article 4

Implementation of the mandate

be covered by the Member State or the institution of
European Union concerned respectively.

the

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.

Article 5

Financing

The

financial

reference

intended to cover
1.
the expenditure related to the mandate of the EUSR in the
period from 1 March 2007 to 29 February 2008 shall be
EUR 1 700 000.

amount

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 Member States and institutions
of the European Union 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 7

Security

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

regulations (1),

security

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

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 Presidency, Commission, and/or Member States, as

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

Article 6

Constitution of the team

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.

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

2.
The EUSR shall,
in accordance with the policy of the
security of personnel deployed
European Union on the
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,
governing management of
secure movement of
personnel to, and within, the mission area, the management
security incidents and a mission contingency and
of
evacuation plan;

the

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

(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;

(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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(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
the mid-term and
framework of
issues within the
mandate implementation reports;

(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 8

Reporting

Article 10

Review

to the SG/HR,

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 Council and the Commission a
progress report before the end of June 2007 and a compre-
hensive mandate implementation report by mid-November
2007. 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
the
amendment or
decision on renewal,
mandate.

termination of

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.

Article 11

Entry into force

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

its

Article 9

Coordination

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 12

Publication

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

Done at Brussels, 15 February 2007.

For the Council
The President

W. SCHÄUBLE