Council Joint Action 2008/130/CFSP of 18 February 2008 extending the mandate of the European Union Special Representative in Bosnia and Herzegovina
Date: 2008-02-18
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, common foreign and security policy, diplomatic representation, the EU's international role

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COUNCIL JOINT ACTION 2008/130/CFSP

of 18 February 2008

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

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,

the General Framework
progress in the implementation of
in accordance with the
Agreement for Peace (GFAP)
in BiH,
Office of
the High Representative's Mission Implementation
Plan, and in the Stabilisation and Association Process, with
the aim of a stable, viable, peaceful and multiethnic BiH, co-
operating peacefully with its neighbours and irreversibly on
track towards EU membership.

Whereas:

(1)

(2)

(3)

(4)

(5)

On 7 February 2007, the Council adopted Joint Action
2007/87/CFSP (1) amending and extending the mandate
of the European Union Special Representative (EUSR) in
Bosnia and Herzegovina.

On 18 June 2007,
the Council adopted Decision
2007/427/CFSP (2) appointing Mr Miroslav Lajčák as
the EUSR in Bosnia and Herzegovina.

On the basis of a review of Joint Action 2007/87/CFSP,
the mandate of the EUSR should be extended for a 12-
month period.

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
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 Miroslav Lajčák as the European Union
Special Representative (EUSR)
in Bosnia and Herzegovina
(BiH) is hereby extended until 28 February 2009.

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

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 and contribute to
reinforcement of internal EU coordination and coherence
in BiH, including through briefings to EU Heads of Mission
and through participation in, or representation at, their
regular meetings, 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;

(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;

(d) without prejudice to the military chain of command, offer
the EU Force Commander political guidance on military
in particular
issues with a local political dimension,
concerning sensitive operations, relations with local autho-
rities and relations with the local media;

(1) OJ L 35, 8.2.2007, p. 35. Joint Action as amended by Joint Action
2007/748/CFSP of 19 November 2007 (OJ L 303, 21.11.2007,
p. 38).

(2) OJ L 159, 20.6.2007, p. 63.

(e)

consult with the EU Force Commander before taking
political action that may have an impact on the security
situation;

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(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;

(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;

(h) provide the Head of Mission of

the EUPM with local
political guidance. The EUSR and the Civilian Operation
Commander shall consult each other as required;

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

constitutional reform;

(r) without prejudice to the applicable chains of command,
help to ensure that all EU instruments in theatre act
coherently to attain the EU's policy objectives.

Article 4

Implementation of the mandate

The EUSR shall be responsible for the implementation of
1.
the mandate acting under
the authority and operational
direction of the Secretary-General/High Representative (SG/HR).

(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
expertise and assistance in this
the
preparation and implementation of police restructuring;

support

respect,

(j)

provide support for a reinforced and more effective BiH
in close liaison with the
criminal
EUPM;

justice/police interface,

(k)

consult with the Head of the EUPM before taking political
action that may have an impact on the police and security
situation;

(l)

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;

(m) with a view to coherence and possible synergies, continue
Instrument of Pre-

for

to be consulted on priorities
accession Assistance;

(n)

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;

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

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 direction within the
framework of the mandate.

Article 5

High Representative

the EUSR shall not

The role of
in any way prejudice the
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 (PIC) 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 2008 to 28 February 2009 shall be EUR
2 900 000.

2.
The expenditure financed by the amount stipulated in
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.

(p) engage with relevant BiH authorities on their full co-
operation with the International Criminal Tribunal for the
Former Yugoslavia (ICTY);

3.
The management of the expenditure shall be subject to a
contract between the EUSR and the Commission. The EUSR
shall be accountable to the Commission for all expenditure.

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Article 7

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.

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 respec-
tively. Experts seconded by Member States to the General Secre-
tariat of the Council may also be posted to the EUSR. Interna-
tional contracted staff shall have the nationality of an EU
Member State.

3.
All seconded personnel shall remain under the adminis-
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.

Article 8

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
party/parties
the
appropriate. Member
Commission shall grant all necessary support to such effect.

States

and

as

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

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

Article 11

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,
situation in his geographical area of responsibility,
for the
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,

(b) ensuring that all personnel deployed outside the EU 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
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;

Article 9

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.

(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 10

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.

(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).

Article 12

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.

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Article 13

Coordination

1.
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 main-
tained with the Presidency, Commission and Member States’
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.

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

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

Article 15

Entry into force

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

its

Article 16

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

Article 14

Review

Done at Brussels, 18 February 2008.

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-

For the Council
The President

D. RUPEL