Council Joint Action 2009/131/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative for the crisis in Georgia
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: Georgia, common foreign and security policy, diplomatic representation, the EU's international role

17.2.2009

EN

Official Journal of the European Union

L 46/47

COUNCIL JOINT ACTION 2009/131/CFSP

of 16 February 2009

extending the mandate of the European Union Special Representative for the crisis in Georgia

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,

Article 3

Mandate

The EUSR’s mandate shall be:

Whereas:

(a)

firstly, to help prepare for the international talks to be held
under point 6 of the settlement plan of 12 August 2008,
which are in particular to cover:

(1)

(2)

(3)

the Council adopted Joint
On 25 September 2008,
Action 2008/760/CFSP (1) appointing Mr Pierre MOREL
European Union Special Representative (EUSR) for the
crisis in Georgia until 28 February 2009.

On the basis of a review of Joint Action 2008/760/CFSP,
the mandate of the EUSR should be extended for a six-
month period.

— arrangements for security and stability in the region,

— the issue of refugees and displaced persons, on the basis

of internationally recognised principles,

— any other subject, by mutual agreement between the

parties,

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
set out in Article 11 of the Treaty,

secondly, to help establish the EU’s position and represent
it, at his level, in those talks;

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

(b) to facilitate the implementation of the agreement concluded
on 8 September 2008 in Moscow and Tbilisi, as well as the
agreement of 12 August 2008 in close coordination with
the United Nations and the Organisation for Security and
Cooperation in Europe (OSCE);

The mandate of Mr Pierre MOREL as the European Union
Special Representative (EUSR)
in Georgia is
hereby extended until 31 August 2009.

the crisis

for

Article 2

Objectives

The mandate of the EUSR for the crisis in Georgia shall be
based on the objectives established by the conclusions of the
extraordinary European Council meeting in Brussels on
1
of
15 September 2008 on Georgia.

the Council

conclusions

September

2008

and

in the framework of
to
contribute to the implementation of the EU’s human rights
policy and of
in particular with
regard to children and women.

the activities mentioned above,

its approach in this field,

Article 4

Implementation of the mandate

The EUSR shall be responsible for the implementation of
1.
his mandate acting under
the authority and operational
direction of the Secretary-General/High Representative (SG/HR).

The EUSR shall enhance the effectiveness and visibility of the
European Union (EU)
in
Georgia.

in helping to resolve the conflict

(1) OJ L 259, 27.9.2008, p. 16.

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 his mandate.

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Official Journal of the European Union

17.2.2009

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 31 August 2009 shall be EUR 445 000.

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.

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 management of the expenditure shall be subject to a
3.
contract between the EUSR and the Commission. The EUSR
shall be accountable to the Commission for all expenditure.

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

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

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 inform
the SG/HR, the Presidency and the Commission of the final
composition of his team.

2. Member States and EU institutions may propose the
secondment of staff to work with the EUSR. The salary of
personnel who are seconded by a Member State or EU insti­
tution to the EUSR shall be covered by the EU Member State or
institution concerned, respectively. 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
party/parties
the
appropriate. Member
Commission shall grant all necessary support to such effect.

States

and

as

Article 10

Security

The EUSR shall, in accordance with the policy of the EU on the
security of personnel deployed outside the EU in an operational
capacity under Title V of the Treaty, take all reasonably prac­
ticable measures, in conformity with his mandate and on the
basis of the security situation in his geographical area of respon­
sibility,
the security of all personnel under his direct
for
authority, notably by:

(a) establishing a mission-specific

security plan based on
guidance from the General Secretariat of
the Council,
providing for mission-specific physical, organisational and
procedural security measures, governing the management
of the secure movement of personnel to, and within, the
mission area, and the management of security incidents, and
providing for a contingency plan and a mission evacuation
plan;

(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.

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

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Article 11

Reporting

Article 13

Review

The EUSR shall regularly provide oral and written reports to the
SG/HR and to the PSC. 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 reports to the
General Affairs and External Relations Council (GAERC).

Article 12

Coordination

1.
The EUSR shall promote overall EU political coordination.
He shall help ensure that all EU instruments 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 of
the South
Caucasus while respecting the specific objectives of the latter’s
mandate. The EUSR shall provide regular briefings to Member
States missions and the Commission’s delegations.

the EUSR for

The implementation of this Joint Action and its consistency
with other contributions from the EU shall be kept under
regular review. The EUSR shall present
the
Council and the Commission a comprehensive mandate im­
plementation report before the end of May 2009. That report
shall form a basis for evaluation of this Joint Action in the
In the context of
relevant working groups and by the PSC.
overall priorities for deployment, the SG/HR shall make recom­
mendations to the PSC concerning the Council’s Decision on
the renewal, amendment or termination of the mandate.

to the SG/HR,

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.

2.
Close liaison shall be maintained with the Presidency, the
Commission and Member States' Heads of Mission. They shall
do their utmost to assist the EUSR in the implementation of his
mandate. The EUSR shall also liaise with other international and
regional actors.

For the Council
The President
O. LIŠKA