Council Joint Action 2008/106/CFSP of 12 February 2008 extending the mandate of the European Union Special Representative for the Republic of Moldova
Date: 2008-02-12
Institutions: Council of the European Union
Subjects: Moldova, 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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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2008/106/CFSP

of 12 February 2008

extending the mandate of the European Union Special Representative for the Republic of Moldova

THE COUNCIL OF THE EUROPEAN UNION,

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

(a)

to contribute to a peaceful settlement of the Transnistria
conflict and to the implementation of such a settlement
on the basis of a viable solution, respecting the sovereignty
and territorial integrity of the Republic of Moldova within
its internationally recognised borders;

Whereas:

(1)

(2)

(3)

On 15 February 2007, the Council adopted Joint Action
2007/107/CFSP (1) appointing Mr Kálmán MIZSEI as the
European Union Special Representative (EUSR) for the
Republic of Moldova.

On the basis of a review of Joint Action 2007/107/CFSP,
the mandate of
the EUSR should be 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 set out
in Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Kálmán MIZSEI as the European Union
Special Representative (EUSR) for the Republic of Moldova is
hereby extended until 28 February 2009.

Article 2

Policy objectives

The EUSR’s mandate shall be based on the European
1.
Union’s policy objectives in the Republic of Moldova. These
objectives include:

(1) OJ L 46, 16.2.2007, p. 59.

(b) to contribute to the strengthening of democracy, rule of law
and respect for human rights and fundamental freedoms for
all citizens of the Republic of Moldova;

(c)

to promote good and close relations between the Republic
of Moldova and the European Union on the basis of
common values and interests and as
in the
set out
European Neighbourhood Policy (ENP) Action Plan;

(d) to assist in the fight against the trafficking of human beings
and of weapons and other goods, from and through the
Republic of Moldova;

(e)

to contribute to strengthening stability and cooperation in
the region;

(f)

to enhance European Union effectiveness and visibility in
the Republic of Moldova and the region;

(g) to enhance the effectiveness of border and customs controls
and border surveillance activities in the Republic of Moldova
and Ukraine along their common border, with a particular
focus on the Transnistrian section, notably through an EU
Border Mission.

2.
The EUSR shall support the work of the Secretary Gene-
ral/High Representative (SG/HR) in the Republic of Moldova and
the region.

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Article 3

Mandate

Article 4

Implementation of the mandate

In order to achieve the policy objectives, the mandate of

1.
the EUSR shall be to:

The EUSR shall be responsible for the implementation of
the authority and operational

1.
the mandate acting under
direction of the SG/HR.

the Transnistria conflict

(a) strengthen the European Union contribution to the reso-
lution of
in accordance with
agreed European Union policy objectives and in close coor-
dination with the OSCE, representing the European Union
through appropriate channels and in agreed fora and by
developing
contacts with all
relevant actors;

and maintaining

close

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 direction within the
framework of the mandate.

(b) assist in the preparation, as appropriate, of European Union
contributions to the implementation of an eventual conflict
settlement;

Article 5

Financing

(c)

including

follow closely political developments in the Republic of
in the Transnistrian region, by
Moldova,
contacts with the
developing
Government of
and other
domestic actors, and offer as appropriate the European
Union’s advice and facilitation;

the Republic of Moldova

and maintaining

close

(d) assist in the further development of the European Union’s
policy towards the Republic of Moldova and the region, in
particular regarding conflict prevention and conflict reso-
lution;

(e)

through a support team led by a Senior Political Adviser to
the EUSR:

(i) assure political overview of developments and activities

related to the Moldovan-Ukrainian state border;

(ii) analyse the political commitment of the Republic of
border

improving

Ukraine

and

to

Moldova
management;

(iii) promote cooperation on border issues between the
also in view of
Moldovan and Ukrainian sides,
building preconditions for a settlement to the Trans-
nistrian conflict;

The

financial

reference

1.
intended to cover
the expenditure related to the mandate of the EUSR in the
period from 1 March 2008 to 28 February 2009 shall be
EUR 1 310 000.

amount

The expenditure financed by the amount stipulated in
2.
paragraph 1 shall be eligible as from 1 March 2008. The expen-
diture shall be managed in accordance with the procedures and
rules applicable to the general budget of the European Commu-
nities 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 EUSR
shall be accountable to the Commission for all expenditure.

Article 6

Constitution and composition 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 team shall
include the expertise on specific
policy issues as required by the mandate. The EUSR shall keep
the SG/HR, the Presidency and the Commission informed of the
composition of his team.

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

2.
For the purpose of the fulfilment of his mandate, the
EUSR shall maintain an overview of all European Union
activities, notably the relevant aspects of the ENP Action Plan.

2. Member States and institutions of the European Union
may propose the secondment of staff to work with the EUSR.
The salary of personnel who are seconded by a Member State or
an institution of the EU to the EUSR shall be covered by the
Member State or the institution of the EU concerned. Experts
seconded by Member States to the General Secretariat of the
Council may also be posted to the EUSR.
International
contracted staff shall have the nationality of an EU Member
State.

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All seconded personnel shall remain under the adminis-
3.
trative authority of the sending Member State or EU institution
and shall carry out their duties and act in the interest of the
mandate of the EUSR.

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

Article 7

Privileges and immunities of the EUSR and his staff

The privileges, immunities and further guarantees necessary for
the completion and smooth functioning of the mission of the
EUSR and the members of his staff shall be agreed with the host
the
appropriate. Member
party/parties
Commission shall grant all necessary support to such effect.

States

and

as

Article 8

Security of EU classified information

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 security regulations (1), in particular when managing
EU classified information.

Article 9

Access to information and logistical support

1. Member States, the Commission and the General Secre-
tariat of the Council shall ensure that the EUSR is given access
to any relevant information.

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

2.
appropriate, shall provide logistical support in the region.

Article 10

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

(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, as well as management of security incidents
and including a mission contingency and evacuation plan;

to, and within,

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

2007/438/EC (OJ L 164, 26.6.2007, p. 24).

(c) ensuring that all members of his team to be deployed
outside the EU,
including locally contracted personnel,
have received appropriate security training 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;

(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.

Article 11

Reporting

The EUSR shall regularly provide the SG/HR and the PSC with
oral and written reports. The EUSR shall also report as
necessary to working groups. Regular written reports shall be
circulated through the COREU network. Upon recommendation
of the SG/HR or the PSC, the EUSR may provide the General
Affairs and External Relations Council with reports.

Article 12

Coordination

The EUSR shall promote overall EU political coordination. He
shall help to ensure that all EU instruments in the field are
engaged coherently to attain the EU’s policy objectives. The
activities of the EUSR shall be coordinated with those of the
Presidency and the Commission, as well as those of other
EUSRs active in the region as appropriate. The EUSR shall
provide Member States’ missions and Commission’s delegations
with regular briefings.

In the field, close liaison shall be maintained with the
Presidency, Commission and Member States’ Heads of Mission
who shall make best efforts to assist the EUSR in the imple-
mentation of the mandate. The EUSR shall also liaise with other
international and regional actors in the field.

Article 13

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
progress report before the end of June 2008 and a compre-
hensive mandate implementation report by mid-November
2008. 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,
the
amendment or
mandate.

termination of

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

Article 14

Entry into force

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

Article 15

Publication

Done at Brussels, 12 February 2008.

For the Council
The President

A. BAJUK