Council Joint Action 2009/132/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in the Republic of Moldova
Date: 2009-02-16
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

17.2.2009

COUNCIL JOINT ACTION 2009/132/CFSP

of 16 February 2009

extending the mandate of the European Union Special Representative in 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,

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

Whereas:

(1)

(2)

(3)

(4)

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

On 12 February 2008, the Council adopted Joint Action
2008/106/CFSP (2) extending the mandate of the EUSR
until 28 February 2009.

On the basis of a review of Joint Action 2008/106/CFSP,
the mandate of
the EUSR should be extended for a
further 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
in the Republic of Moldova is
Special Representative (EUSR)
hereby extended until 28 February 2010.

Article 2

Policy objectives

The mandate of the EUSR shall be based on the policy
in the Republic of

1.
objectives of
Moldova. These objectives include:

the European Union (EU)

(a) contributing 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;

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

(e) contributing to strengthening stability and cooperation in

the region;

(f) enhancing EU effectiveness and visibility in the Republic of

Moldova and in the region;

(g) enhancing 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-Gener­
al/High Representative (SG/HR) in the Republic of Moldova and
the region.

Article 3

Mandate

In order to achieve the policy objectives of the EU, the

1.
mandate of the EUSR shall be to:

(a) strengthen the EU’s contribution to the resolution of the
Transnistria conflict in accordance with agreed EU policy
objectives and in close coordination with the OSCE, rep­
resenting the EU through appropriate channels and in
agreed fora and by developing and maintaining close
contacts with all relevant actors;

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

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

(c)

(1) OJ L 46, 16.2.2007, p. 59.
(2) OJ L 38, 13.2.2008, p. 15.

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

the Republic of Moldova

close

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(d) assist in the further development of the EU’s policy towards
in particular

the Republic of Moldova and the region,
regarding conflict prevention and conflict resolution;

(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;

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.

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

improving

Ukraine

and

to

Moldova
management;

(iii) promote cooperation on border issues between the
Republic of Moldova and Ukraine, also in view of
building preconditions for a settlement to the Trans­
nistrian conflict;

(f) contribute to the implementation of the EU human rights
in particular
policy and EU Guidelines on human rights,
with regard to children and women in conflict-affected
areas, especially by monitoring and addressing develop­
ments in this regard.

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

Article 4

Implementation of the mandate

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

1.
the mandate acting under
direction of the 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

The financial reference amount

intended to cover the
1.
expenditure related to the mandate of the EUSR in the period
from 1 March 2009 to 28 February 2010 shall be EUR
1 280 000.

2.
The expenditure financed by the amount stipulated in
paragraph 1 shall be eligible as from 1 March 2009. The expen­
diture shall be managed in accordance with the procedures and
rules applicable to the general budget of the European Commu­
nities.

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.

2. Member States and institutions of the EU may propose the
secondment of staff to work with the EUSR. The salary of
personnel who are seconded by a Member State or an insti­
tution 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.

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
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.

(1) OJ L 101, 11.4.2001, p. 1.

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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,
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
including locally contracted personnel,
outside the EU,
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 the Commission’s dele­
gations with regular briefings.

In the field, close liaison shall be maintained with the
the Commission and Member States’ Heads of
Presidency,
Mission. They 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.

Article 13

Review

The implementation of this Joint Action and its consistency
with other contributions from the EU 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 2009 and a comprehensive mandate implemen­
tation report by mid-November 2009. These reports shall form
this Joint Action in the relevant
a basis for evaluation of
working groups and by the PSC.
In the context of overall
priorities for deployment, the SG/HR shall make recommen­
to the PSC concerning the Council’s decision on
dations
renewal, amendment or termination of the mandate.

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, 16 February 2009.

For the Council
The President
O. LIŠKA