Council Joint Action 2008/131/CFSP of 18 February 2008 extending the mandate of the European Union Special Representative for Afghanistan
Date: 2008-02-18
Institutions: Council of the European Union
Subjects: Afghanistan, appointment of staff, common foreign and security policy, diplomatic representation, the EU's international role

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COUNCIL JOINT ACTION 2008/131/CFSP

of 18 February 2008

extending the mandate of the European Union Special Representative for Afghanistan

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Policy objectives

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

in

the EUSR shall be based on the policy
The mandate of
objectives of the European Union in Afghanistan. In particular
the EUSR shall:

Whereas:

(1)

(2)

(3)

(4)

On 15 February 2007, the Council adopted Joint Action
2007/106/CFSP extending the mandate of Mr Francesc
Vendrell as the Special Representative of the European
Union for Afghanistan (1) until 29 February 2008.

1. contribute to the implementation of

the EU-Afghanistan
Joint Declaration and the Afghanistan Compact as well as
the relevant United Nations (UN) Security Council Reso-
lutions and other relevant UN Resolutions;

2. encourage positive contributions from regional actors in
Afghanistan and from neighbouring countries to the peace
process in Afghanistan and thereby contribute to the conso-
lidation of the Afghan state;

On the basis of a review of Joint Action 2007/106/CFSP,
the mandate of the European Union Special Represen-
tative (EUSR) should, in principle, be extended for a 12-
month period.

3. support

the pivotal role played by the UN, notably the

Special Representative of the Secretary-General; and

Mr Francesc Vendrell has informed the Secretary-Gene-
ral/High Representative (SG/HR) that he is not available
to serve as EUSR beyond 31 May 2008. His mandate as
the EUSR for Afghanistan should therefore be extended
until 31 May 2008. The Council
intends to appoint a
new EUSR for the remaining period of the mandate until
28 February 2009.

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 Francesc Vendrell as the European Union
for Afghanistan is hereby
Special Representative
extended until 31 May 2008.

(EUSR)

4. support work of the Secretary-General/High Representative

(SG/HR) in the region.

Article 3

Mandate

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

(a) convey the European Union's views on the political process
while drawing on the key principles agreed between Afgha-
nistan and the international community,
in particular the
EU-Afghanistan Joint Declaration and the Afghanistan
Compact;

(b) establish and maintain close contact with, and give support
to, the Afghan representative institutions, in particular the
government and Parliament. Contact should also be main-
tained with other Afghan political figures and other relevant
actors inside as well as outside the country;

(1) OJ L 46, 16.2.2007, p. 55. Joint Action as amended by Joint Action
2007/732/CFSP of 13 November 2007 (OJ L 295, 14.11.2007,
p. 30).

(c) maintain close contact with relevant

international and
regional organisations, notably with the local representatives
of the UN;

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(d) stay in close contact with neighbouring and other interested
countries in the region, so that their views on the situation
in Afghanistan and the development of
cooperation
between these countries and Afghanistan are taken into
account in European Union policy;

(h) advise on the participation and the positions of

the
European Union in international conferences on Afgha-
nistan.

(e) advise on the progress achieved in meeting the objectives of
the EU-Afghanistan Joint Declaration and the Afghanistan
Compact, in particular in the following areas:

— good governance and the establishment of rule of law

institutions,

— security sector

reforms,

including establishment of

judicial institutions, a national army and police force,

— respect for human rights of all Afghan people, regardless

of gender, ethnicity or religion,

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).

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

Financing

— respect of democratic principles, the rule of law, the
rights of persons belonging to minorities, the rights of
women and children and the principles of international
law,

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 31 May 2008 shall be EUR 975 000.

— fostering participation by women in public adminis-

tration and civil society,

— respect

for Afghanistan's

international obligations,
including
to
cooperation in international
combat terrorism, illicit drug trafficking and trafficking
in human beings,

efforts

— facilitation of humanitarian assistance and the orderly
return of refugees and internally displaced persons;

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.

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.

(f)

in consultation with representatives of Member States and
the Commission, assist
the European
Union's political approach is reflected in its action for the
development of Afghanistan;

in ensuring that

(g)

jointly with the Commission, actively participate in the Joint
Coordination and Monitoring Board established under the
Afghanistan Compact;

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.

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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 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
party/parties
the
appropriate. Member
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.

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 secure movement of personnel
the
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;

(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 10

Security

Article 12

Coordination

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,

(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).

1.
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 the EUSR
for Central Asia. The EUSR shall provide Member States'
missions and Commission's delegations with regular briefings.

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In the field, close liaison shall be maintained with
2.
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 provide the Head of
the European Union Police Mission in Afghanistan (EUPOL
AFGHANISTAN) with local political guidance. The EUSR and
the Civilian Operation Commander shall consult each other as
required. 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
comprehensive mandate implementation report before the end
of April 2008.

Article 14

Entry into force

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

its

Article 15

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

Done at Brussels, 18 February 2008.

For the Council
The President

D. RUPEL