Council Joint Action 2009/133/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative for the South Caucasus
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: Caucasus countries, 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

L 46/53

COUNCIL JOINT ACTION 2009/133/CFSP

of 16 February 2009

extending the mandate of the European Union Special Representative for the South Caucasus

THE COUNCIL OF THE EUROPEAN UNION,

of law, democratisation, human rights, good governance,
development and poverty reduction;

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

in

Whereas:

(b) in accordance with existing mechanisms,

conflicts
settlement of conflicts,
return of refugees and internally displaced persons;

to prevent
to contribute to the peaceful
including through promoting the

in the region,

(1)

(2)

(3)

(4)

On 20 February 2006, the Council adopted Joint Action
2006/121/CFSP (1)
appointing Mr
SEMNEBY
European Union Special Representative (EUSR) for the
South Caucasus.

Peter

(c)

to engage
concerning the region;

constructively with main interested actors

On 18 February 2008, the Council adopted Joint Action
2008/132/CFSP (2) amending and extending the mandate
of the EUSR until 28 February 2009.

(d) to encourage and to support further cooperation between
States of the region, in particular between the States of the
South Caucasus,
energy and
transport issues;

including on economic,

On the basis of a review of Joint Action 2008/132/CFSP,
the mandate of
the EUSR should be extended for a
further 12-month period.

(e)

to enhance the effectiveness and visibility of the European
Union in the region.

The EUSR will implement his mandate in the context of
a situation which may deteriorate and could harm the
objectives of the Common Foreign and Security Policy as
set out in Article 11 of the Treaty,

The EUSR shall support the work of the Secretary-Gener­

2.
al/High Representative (SG/HR) in the region.

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Peter SEMNEBY as the European Union
Special Representative
is hereby
extended until 28 February 2010.

the South Caucasus

for

Article 3

Mandate

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

(a) develop contacts with governments, parliaments,

judiciary

and civil society in the region;

Article 2

Policy objectives

The mandate of the EUSR shall be based on the policy
1.
objectives of the European Union for the South Caucasus. These
objectives include:

(b) encourage Armenia, Azerbaijan and Georgia to cooperate
on regional themes of common interest, such as common
security threats, the fight against terrorism, trafficking and
organised crime;

(a)

to assist Armenia, Azerbaijan and Georgia in carrying out
political and economic reforms, notably in the fields of rule

(1) OJ L 49, 21.2.2006, p. 14.
(2) OJ L 43, 19.2.2008, p. 30.

(c) contribute to the prevention of conflicts and to assist in
for progress on settlement of
creating the conditions
conflicts,
including through recommendations for action
related to civil society and rehabilitation of the territories
without prejudice to the Commission’s responsibilities under
the EC Treaty;

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Official Journal of the European Union

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(d) contribute to the settlement of conflicts and to facilitate the
implementation of such settlement in close coordination
with the United Nations Secretary-General and his Special
Representative for Georgia, the Group of Friends of the
United Nations Secretary-General for Georgia, the Organi-
sation for Security and Cooperation in Europe and its Minsk
Group, and the conflict resolution mechanism for South
Ossetia;

(e) provide the Head of

the European Union Monitoring
Mission in Georgia (EUMM Georgia) with local political
guidance;

(f)

intensify the European Union’s dialogue with the main
interested actors concerning the region;

(g) assist the Council

in further developing a comprehensive

policy towards the South Caucasus;

(h) through a support team:

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

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

— provide the European Union with reporting and a

continued assessment of the border situation,

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 2 510 000.

— facilitate confidence-building between Georgia and the
Russian Federation, thereby ensuring efficient cooper­
ation and liaison with all relevant actors,

— establish relevant

in the

conflict

contacts

regions,
thereby enabling the team to contribute to confidence-
building and to assess border-related issues in those
regions, after terms of reference have been agreed with
the Georgian government and consultations held with
all parties
field
activities in Abkhazia and South Ossetia),

(excluding operational

concerned

— assist

the Georgian Border Police and other relevant
government institutions in Tbilisi in the implementation
of
the comprehensive integrated border management
strategy,

— work with the Georgian authorities to increase commu­
including
nication between Tbilisi and the border,
shall be done by liaison and by
mentoring. This
working closely with all
chain of
command between Tbilisi and the border (excluding
operational
in Abkhazia and South
Ossetia);

field activities

levels of

the

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.

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. Inter­
national contracted staff shall have the nationality of an EU
Member State.

(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,

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.

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

States

and

as

(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 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,
situation in his geographical area of responsibility,
for the
security of all personnel under his direct authority, notably by:

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

(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.
1.
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, and in particular the EUSR for
the crisis in Georgia, while taking into account the specific
the latter’s mandate. The EUSR shall provide
objectives of
Member States’ missions and the Commission’s delegations
with regular briefings.

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In the field, close liaison shall be maintained with the
2.
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 provide
the European Union Monitoring Mission in
the Head of
Georgia (EUMM Georgia) with local political guidance. The
EUSR and the Civilian Operations 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
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
decision on renewal,
the
amendment or
mandate.

termination of

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