Council Joint Action 2009/134/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative for Sudan
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: Sudan, common foreign and security policy, diplomatic representation, the EU's international role

17.2.2009

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Official Journal of the European Union

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COUNCIL JOINT ACTION 2009/134/CFSP

of 16 February 2009

extending the mandate of the European Union Special Representative for Sudan

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

including through the implementation of
the Darfur Peace
Agreement (DPA) and to facilitate the implementation of the
Comprehensive Peace Agreement (CPA) and to promote South-
South dialogue, as well as facilitating the implementation of the
Eastern Sudan Peace Agreement (ESPA), with due regard to the
regional ramifications of these issues and to the principle of
African ownership.

Whereas:

(1)

(2)

(3)

(4)

the Council adopted Decision
On 19 April 2007,
2007/238/CFSP (1)
appointing Mr
BRYLLE
European Union Special Representative (EUSR) for Sudan.

Torben

The mandate of the EUSR shall furthermore be based on
2.
the EU policy objectives in relation to Council
Joint Action
2007/677/CFSP of 15 October 2007 on the European Union
military operation in the Republic of Chad and in the Central
African Republic (3) (EUFOR Tchad/RCA).

On 12 February 2008, the Council adopted Joint Action
2008/110/CFSP (2) amending and extending the mandate
of the EUSR until 28 February 2009.

On the basis of a review of Joint Action 2008/110/CFSP,
the mandate of
the EUSR should be extended for a
further 12-month period.

Article 3

Mandate

In order to achieve the policy objectives,

1.
mandate shall be to:

the EUSR′s

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,

(a)

Southern Sudan,

the Government of Sudan,

the
liaise with the AU,
Government of
armed
movements and other Sudanese parties as well as Darfur
civil
and
society and non-governmental organisations
maintain close collaboration with the UN and other
relevant international actors, with the aim of pursuing the
European Union′s policy objectives;

the Darfur

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Torben BRYLLE as the European Union
Special Representative (EUSR)
for Sudan is hereby extended
until 28 February 2010.

Article 2

Policy objectives

1.
The mandate of the EUSR shall be based on the policy
objectives of the European Union (EU) in Sudan, notably as
regards efforts, as part of the international community and in
support of the African Union (AU) and the United Nations
(UN), to assist the Sudanese parties, the AU and the UN to
in Darfur,
achieve a political

settlement of

conflict

the

(b) represent the European Union at the Darfur-Darfur dialogue,
at high-level meetings of the Joint Commission, as well as
other relevant meetings as requested;

(c) represent the European Union, whenever possible, at the
CPA and DPA Assessment and Evaluation Commissions;

(d) follow developments regarding the implementation of the

ESPA;

(e) ensure coherence between the European Union′s contri­
in Darfur and the overall

bution to crisis management
political relationship of the European Union with Sudan;

(1) OJ L 103, 20.4.2007, p. 52.
(2) OJ L 38, 13.2.2008, p. 28.

(3) OJ L 279, 23.10.2007, p. 21.

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(f) with regard to human rights, including the rights of children
and women, and the fight against impunity in Sudan, follow
the situation and maintain regular contacts with the
Sudanese authorities,
in particular
the High Commissioner for Human
with the Office of
the human rights observers active in the region
Rights,
and the Office of
the International
Criminal Court;

the AU and the UN,

the Prosecutor of

(g)

liaise with the Presidency, the Secretary-General/High Rep­
resentative (SG/HR), the EU Operation Commander and the
EU Force Commander of Operation EUFOR Tchad/RCA in
respective
order
activities with respect
Joint
Action 2007/677/CFSP; close coordination shall also be
ensured with the local Commission Delegations;

to ensure close coordination of

to the implementation of

their

(h) with respect

to the
assist

implementation of
Joint Action
the SG/HR in relation to his
2007/677/CFSP,
contacts with the United Nations, the Chadian authorities,
the authorities of the Central African Republic and neigh­
bouring countries as well as with other relevant actors;

(d) follow up and report on compliance by the Sudanese parties
with the relevant UN Security Council Resolutions, notably
1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005),
1672 (2006), 1679 (2006), 1706 (2006), 1769 (2007)
and 1778 (2007).

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

(i) without prejudice to the military chain of command,
provide the EU Force Commander of Operation EUFOR
Tchad/RCA with political guidance in particular on issues
with a regional political dimension;

The financial reference amount

1.
intended to cover the
expenditure related to the mandate of the EUSR in the period
from 1 March 2009 to 28 February 2010 shall be
EUR 1 800 000.

(j) with respect

to his tasks related to Operation EUFOR
Tchad/RCA, consult with the EU Force Commander on
political issues with a security dimension.

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

For the purpose of the fulfilment of his mandate, the

2.
EUSR shall, inter alia:

(a) maintain an overview of all activities of

the European

Union;

(b) ensure close coordination and coherence of the activities of
to Operation EUFOR

the European Union with respect
Tchad/RCA;

(c) support the political process and activities relating to the
implementation of the CPA, the DPA and the ESPA; and

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.

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 respect­
ively. Experts seconded by Member States to the General Secre­
tariat of the Council may also be posted to the EUSR. Inter­
national contracted staff shall have the nationality of an EU
Member State.

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 prac­
ticable 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:

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.

4.
Offices of the EUSR shall be maintained in Khartoum and
in Juba, comprising a Political Advisor and the necessary admin­
istrative and logistic support staff.
In accordance with the
EUSR′s mandate as described in Article 3, a sub-office in
the existing Offices in
Darfur may also be established if
Khartoum and Juba cannot provide all necessary support to
EUSR staff deployed in the Darfur region.

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.

(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

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.

1.
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.

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.

The EUSR shall

2.
to the PSC on the
regularly report
situation in Darfur and on the situation in Sudan as a whole,
as well as on the situation in the Republic of Chad and the
Central African Republic in relation to EUFOR Tchad/RCA.

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Article 12

Coordination

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 other
EUSRs active in the region as appropriate. The EUSR shall
provide Member States′ missions and the Commission′s dele­
gations with regular briefings.

2.
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 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 2009 and a compre­
hensive mandate implementation report by mid-November

2009. 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

Article 14

Entry into force

This Joint Action shall enter into force on the day 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