Council Joint Action 2009/136/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative for the Middle East peace process
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: Middle East, common foreign and security policy, diplomatic representation, peacekeeping, the EU's international role

17.2.2009

EN

Official Journal of the European Union

L 46/65

COUNCIL JOINT ACTION 2009/136/CFSP

of 16 February 2009

extending the mandate of the European Union Special Representative for the Middle East peace
process

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

Article 2

Policy objectives

1.
The mandate of the EUSR shall be based on the policy
objectives of the European Union regarding the Middle East
peace process.

Whereas:

2.

These objectives include:

(1)

(2)

(3)

(4)

the Council adopted Joint Action
On 21 July 2003,
2003/537/CFSP (1) appointing Mr Marc OTTE European
Union Special Representative (EUSR) for the Middle East
peace process.

(a) a two-State solution with Israel and a democratic, viable,
peaceful and sovereign Palestinian State living side by side
within secure and recognised borders enjoying normal
in accordance with
relations with their neighbours
Reso­
United
lutions
and
338(1973),
1402(2002) and the principles of the Madrid Conference;

Council
1397(2002)

Nations
242(1967),

Security

(UN)

On 18 February 2008, the Council adopted Joint Action
2008/133/CFSP (2) amending and extending the mandate
of the EUSR until 28 February 2009.

(b) solution in the Israeli-Syrian and Israeli-Lebanese tracks;

On the basis of a review of Joint Action 2008/133/CFSP,
the mandate of
the EUSR should be extended for a
further 12-month period.

(c) a fair solution to the complex issue of Jerusalem and a just,
viable and agreed solution to the problem of Palestinian
refugees;

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,

(d) following-up of the Annapolis process towards a final status
agreement and the creation of a Palestinian state, including
strengthening the role of the Quartet as guardian of the
roadmap particularly in view of monitoring the implemen­
tation of obligations both parties have under the roadmap
and in line with all international efforts to bring about a
comprehensive Arab-Israeli peace;

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Marc OTTE as the European Union Special
Representative (EUSR)
for the Middle East peace process is
hereby extended until 28 February 2010.

(1) OJ L 184, 23.7.2003, p. 45.
(2) OJ L 43, 19.2.2008, p. 34.

(e)

(f)

the establishment of
sustainable and effective policing
arrangements under Palestinian ownership in accordance
with best international standards,
in cooperation with the
European Community’s institution building programmes as
well as other international efforts in the wider context of
Security Sector, including Criminal Justice Reform;

reopening of the Gaza crossing points, including the Rafah
crossing, not least to meet the severe humanitarian needs of
the population, and providing a third party presence if
agreed
the
Community’s institution building efforts.

cooperation with

parties,

both

by

in

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These objectives are based on the European Union’s

3.
commitment to:

(f) pay particular attention to factors having implication for the
regional dimension of the Middle East peace process;

(a) work with the parties and with partners in the international
community, especially within the framework of the Middle
East Quartet, to pursue every opportunity for peace and for
a decent future for all people of the region;

(g) engage constructively with signatories to agreements within
the framework of the peace process in order to promote
compliance with the basic norms of democracy, including
respect for human rights and the rule of law;

(b) continue to assist in Palestinian political and administrative

reforms, the electoral process and security reforms;

(c) contribute fully to peace building, as well as to the recovery
of the Palestinian economy as an integral part of regional
development.

4.
The EUSR shall support
General/High Representative (SG/HR)
in the framework of the Middle East Quartet.

the work of

in the region,

the Secretary-
including

Article 3

Mandate

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

(a) provide an active and efficient contribution from the
European Union to actions and initiatives leading to a
the Israeli-Palestinian conflict and of
final settlement of
the Israeli-Syrian and Israeli-Lebanese conflicts;

(b) facilitate and maintain close contact with all the parties to
the Middle East peace process, other countries of the region,
members of the Middle East Quartet and other relevant
countries, as well as the UN and other relevant international
organisations, in order to work with them in strengthening
the peace process;

(h) contribute to the implementation of the European Union
human rights policy and European Union Guidelines on
Human Rights,
in particular with regard to children and
women in conflict affected areas, especially by monitoring
and addressing developments in this regard;

(i)

report on the possibilities for European Union intervention
in the peace process and on the best way of pursuing
European Union initiatives and ongoing Middle East peace
process-related European Union efforts, such as the contri­
bution of the European Union to Palestinian reforms, and
including the political aspects of relevant European Union
development projects;

(j) monitor actions by either side on the implementation of the
roadmap and on issues that might prejudice the outcome of
the permanent status negotiations to enable the Middle East
Quartet to better assess the parties’ compliance;

(k) engage in wider collaboration on Security Sector Reform in
cooperation with the European Commission and the US
Security Coordinator and facilitate cooperation on security
issues with all relevant actors;

(l) contribute to a better understanding of

the role of
European Union among opinion leaders in the region.

the

(c) ensure continued presence of the European Union on the
ground and in relevant international forums and contribute
to crisis management and prevention;

Article 4

Implementation of the mandate

(d) observe and support peace negotiations between the parties
and offer the European Union’s advice and good offices as
appropriate;

The EUSR shall be responsible for the implementation of
the authority and operational

1.
the mandate acting under
direction of the SG/HR.

(e) contribute, where requested, to the implementation of inter­
national agreements reached between the parties and engage
with them diplomatically in the event of non-compliance
with the terms of these agreements;

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.

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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 28 February 2010 shall be
EUR 1 190 000.

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 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.

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:

(a) establishing a mission-specific

mission-specific

security plan based on
the Council,
guidance from the General Secretariat of
including
organisational
and procedural security measures, governing management
of the secure movement of personnel to, and within, the
mission area, as well as management of security incidents
and including a mission contingency and evacuation plan;

physical,

3.
All seconded personnel shall remain under the adminis­
trative authority of the sending Member State or EU institution
and shall carry out
in the interest of
their duties and act
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.

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

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 EUSR may provide the
General Affairs and External Relations Council with reports.

the SG/HR or

the PSC,

report

before

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
and
a comprehensive 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, amendment or termination
of the mandate.

2009

June

end

the

of

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 as appropriate. The EUSR shall
provide Member States’ missions and the Commission’s dele­
gations with regular briefings.

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 Heads of the European Union Police Mission in the Pales­
tinian Territories (EUPOL COPPS) and of the European Union
Border Assistance Mission for
the Rafah Crossing Point
(EU BAM Rafah) with local political guidance. The EUSR and

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