Council Joint Action 2009/129/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in the former Yugoslav Republic of Macedonia (FYROM)
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: North Macedonia, common foreign and security policy, diplomatic representation, the EU's international role

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COUNCIL JOINT ACTION 2009/129/CFSP

of 16 February 2009

extending the mandate of the European Union Special Representative in the former Yugoslav
Republic of Macedonia (FYROM)

THE COUNCIL OF THE EUROPEAN UNION,

The EUSR shall support the work of the Secretary-General/High
Representative (SG/HR) in the region.

Having regard to the Treaty
establishing the European
Community, and in particular Articles 14, 18(5) and 23(2)
thereof,

Article 3

Mandate

Whereas:

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

(1)

(2)

(3)

On 17 October 2005, the Council adopted Joint Action
2005/724/CFSP (1)
appointing Mr
FOUÉRÉ
European Union Special Representative (EUSR)
in the
former Yugoslav Republic of Macedonia (FYROM).

Erwan

(a) maintain close contact with the Government of the former
Yugoslav Republic of Macedonia (FYROM) and with the
parties involved in the political process;

On 18 February 2008, the Council adopted Joint Action
2008/129/CFSP (2) extending the mandate of the EUSR
until 28 February 2009.

On the basis of a review of Joint Action 2008/129/CFSP,
the mandate of
the EUSR should be extended until
30 September 2009,

(b) offer the European Union’s advice and facilitation in the

political process;

(c) ensure coordination of the international community’s efforts
the
to help in the implementation and sustainability of
provisions of
the Framework Agreement of 13 August
2001, as set out in the Agreement and the Annexes thereto;

HAS ADOPTED THIS JOINT ACTION:

(d) follow closely, and report on, security and inter-ethnic
issues and liaising with all relevant bodies to that end;

Article 1

European Union Special Representative

The mandate of Mr Erwan FOUÉRÉ as the European Union
Special Representative (EUSR) in the former Yugoslav Republic
of Macedonia (FYROM) is hereby extended until 30 September
2009.

Article 2

Policy objective

The mandate of the EUSR shall be based on the policy objective
of the European Union in the former Yugoslav Republic of
Macedonia (FYROM), which shall be to contribute to the
consolidation of the peaceful political process and the full im­
plementation of the Ohrid Framework Agreement, thereby facil­
itating further progress towards European integration through
the stabilisation and association process.

(1) OJ L 272, 18.10.2005, p. 26.
(2) OJ L 43, 19.2.2008, p. 19.

(e) contribute to the development and consolidation of respect
for human rights and fundamental freedoms in the former
Yugoslav Republic of Macedonia (FYROM),
in accordance
with European Union human rights policy and European
Union Guidelines on Human Rights.

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.

The Political and Security Committee (PSC) shall maintain
2.
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.

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Article 5

Financing

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 30 September 2009 shall be
EUR 305 000.

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.

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

States

and

as

the

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

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.

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.

Article 6

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

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

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
include the expertise on specific
Commission. The team shall
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. Experts
seconded by Member States to the General Secretariat of the
International
Council may also be posted to the EUSR.
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 practicable
measures,
in conformity with his mandate and the security
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
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

(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;

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

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(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.

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
comprehensive mandate implementation report before the end
of June 2009. This report 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, 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.

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

For the Council
The President
O. LIŠKA