Council Joint Action 2009/135/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in Afghanistan
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: Afghanistan, common foreign and security policy, diplomatic representation, the EU's international role

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COUNCIL JOINT ACTION 2009/135/CFSP

of 16 February 2009

extending the mandate of the European Union Special Representative in Afghanistan

THE COUNCIL OF THE EUROPEAN UNION,

process in Afghanistan and thereby contribute to the conso­
lidation of the Afghan State;

(1)

(2)

(3)

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

in

Whereas:

the Council adopted Joint Action
On 24 July 2008,
2008/612/CFSP (1)
appointing Mr
SEQUI
European Union Special Representative (EUSR) in Afgha­
nistan until 28 February 2009.

Ettore

F.

(c) support the pivotal role played by the UN, notably the

Special Representative of the Secretary-General; and

(d) support work of the Secretary-General/High Representative

(SG/HR) in the region.

Article 3

Mandate

On the basis of a review of Joint Action 2008/612/CFSP,
the mandate of
the EUSR should be extended for a
12-month period.

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

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) convey the European Union’s views on the political process
while drawing on the key principles agreed between Afgha­
nistan and the international community,
in particular the
EU-Afghanistan Joint Declaration and the Afghanistan
Compact;

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Ettore F. SEQUI as the European Union
Special Representative
in Afghanistan is hereby
extended until 28 February 2010.

(EUSR)

Article 2

Policy objectives

The mandate of
the EUSR shall be based on the policy
objectives of the European Union in Afghanistan. More speci­
fically, the EUSR shall:

(a) contribute to the implementation of

the EU-Afghanistan
Joint Declaration and the Afghanistan Compact as well as
the relevant United Nations (UN) Security Council Reso­
lutions and other relevant UN Resolutions;

(b) encourage positive contributions from regional actors in
Afghanistan and from neighbouring countries to the peace

(1) OJ L 197, 25.7.2008, p. 60.

(b) establish and maintain close contact with, and give support
to, the Afghan representative institutions, in particular the
Government and Parliament. Contact should also be main­
tained with other Afghan political figures and other relevant
actors inside as well as outside the country;

(c) maintain close contact with relevant

international and
regional organisations, notably with the local representatives
of the UN;

(d) stay in close contact with neighbouring and other interested
countries in the region, so that their views on the situation
in Afghanistan and the development of
cooperation
between these countries and Afghanistan are taken into
account in European Union policy;

(e) advise on the progress achieved in meeting the objectives of
the EU-Afghanistan Joint Declaration and the Afghanistan
Compact, in particular in the following areas:

— good governance and the establishment of institutions

of the rule of law,

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— security sector

reforms,

including establishment of

judicial institutions, a national army and police force,

Article 5

Financing

— respect for human rights of all Afghan people, regardless

of gender, ethnicity or religion,

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 2 830 000.

— respect of democratic principles, the rule of law, the
rights of persons belonging to minorities, the rights of
women and children and the principles of international
law,

— fostering participation by women in public administra­

tion and civil society,

— respect

for Afghanistan’s

international obligations,
to
cooperation in international
including
combat terrorism, illicit drug trafficking and trafficking
in human beings,

efforts

— facilitation of humanitarian assistance and the orderly
return of refugees and internally displaced persons;

(f)

in consultation with representatives of Member States and
of the Commission, assist in ensuring that the European
Union’s political approach is reflected in its action for the
development of Afghanistan;

(g)

jointly with the Commission, actively participate in the Joint
Coordination and Monitoring Board established under the
Afghanistan Compact;

(h) advise on the participation and the positions of

the
European Union in international conferences on Afgha­
nistan.

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.

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.

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 must include the expertise on certain
specific policy issues, as required by the mandate. The EUSR
shall notify the SG/HR, the Presidency and the Commission of
the final 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 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 must have the nationality of an EU
Member State.

Article 4

Implementation of the mandate

All seconded personnel shall remain under the adminis­
3.
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.

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.

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

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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

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 the
security 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
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;

the SG/HR, the Council and the Commission with written
reports on their implementation and on other security
issues within the framework of the mandate implementation
reports.

Article 11

Reporting

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

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 the EUSR
for Central Asia. The EUSR shall provide regular briefings to
Member States missions and the Commission’s delegations.

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 provide
the Head of the European Union Police Mission in Afghanistan
(EUPOL AFGHANISTAN) with local political guidance. The EUSR
and the Civilian Operation 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 the evaluation of
the mandate 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

(d) ensuring that all agreed recommendations made following
regular security assessments are implemented and providing

Article 14

Entry into force

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

This Joint Action shall enter into force on the date of
adoption.

its

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This Joint Action shall be published in the Official Journal of the European Union.

Article 15

Publication

Done at Brussels, 16 February 2009.

For the Council
The President
O. LIŠKA