Council Joint Action 2009/181/CFSP of 11 March 2009 appointing the European Union Special Representative in Bosnia and Herzegovina
Date: 2009-03-11
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, EU competence, European Union, appointment of members

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2009/181/CFSP

of 11 March 2009

appointing the European Union Special Representative in Bosnia and Herzegovina

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,

Whereas:

(6)

(7)

The EUSR's mandate should be implemented in coord­
to ensure
ination with the Commission in order
consistency with other relevant activities falling within
Community competence.

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,

(1)

(2)

(3)

(4)

(5)

June

2007,

adopted
18
On
2007/427/CFSP (1)
appointing
Decision
Mr Miroslav LAJČÁK European Union Special Representa­
tive (EUSR) in Bosnia and Herzegovina.

Council

the

On 18 February 2008,
the Council adopted Joint
Action 2008/130/CFSP (2) extending the mandate of
the EUSR until 28 February 2009.

On the basis of a review of Joint Action 2008/130/CFSP,
the mandate of
the EUSR should be extended for a
further 12-month period.

By letter dated 26 January 2009, Mr LAJČÁK submitted
resignation. A new EUSR should therefore be
his
appointed for
the period from 1 March 2009 to
28 February 2010.

The Secretary General/High Representative (SG/HR) has
recommended that Mr Valentin
INZKO be appointed
as the new EUSR in Bosnia and Herzegovina.

(1) OJ L 159, 20.6.2007, p. 63.
(2) OJ L 43, 19.2.2008, p. 22.

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

Mr Valentin INZKO is hereby appointed as European Union
in Bosnia and Herzegovina
Special Representative (EUSR)
(BiH) for the period from 1 March 2009 to 28 February 2010.

Article 2

Policy objectives

in the implementation of

the EUSR shall be based on the policy
The mandate of
in BiH. These centre
objectives of the European Union (EU)
the
around continued progress
in
General Framework Agreement for Peace (GFAP)
the High Representative's
accordance with the Office of
Mission Implementation Plan, as well as continued progress in
the Stabilisation and Association Process, with the aim of a
stable, viable, peaceful
cooperating
peacefully with its neighbours
and irreversibly on track
towards EU membership.

and multiethnic BiH,

in BiH,

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Article 3

Mandate

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

(g) maintain an overview of the whole range of activities in the
field of the rule of law and, in this context, provide the
Secretary General/High Representative (SG/HR) and the
Commission with advice as necessary;

(a) offer the EU's advice and facilitate the political process;

(h) provide the Head of Mission of

the EUPM with local
political guidance; the EUSR and the Civilian Operation
Commander shall consult each other as required;

reinforcement of

including through briefings

(b) promote overall EU political coordination and contribute to
the
internal EU coordination and
to EU
coherence in BiH,
Heads of Mission and participation in, or representation
regular meetings; by chairing a coordination
at,
group composed of all EU actors present
in the field
with a view to coordinating the implementation aspects
of the EU's action, and by providing them with guidance
on relations with the BiH authorities;

their

(i)

as part of the broader approach to the rule of law taken by
the international community and the BiH authorities and,
drawing upon the EUPM's provision of technical policing
the
expertise and assistance in this
preparation and implementation of police restructuring;

support

respect,

(j)

provide support for a reinforced and more effective BiH
criminal
in close liaison with the
EUPM;

justice/police interface,

(c) promote overall EU coordination of, and give local political
direction to, EU efforts in tackling organised crime, without
prejudice to the leading role of the European Union Police
Mission (EUPM)
in coordinating the policing aspects of
such efforts and to the Althea (Eufor) military chain of
command;

(k)

consult with the Head of the EUPM before taking political
action that may have an impact on the police and security
situation;

(d) without prejudice to the military chain of command, offer
the EU Force Commander political guidance on military
issues with a local political dimension,
in particular
concerning sensitive operations, relations with local auth­
orities and with the local media;

(l)

as far as activities under Title VI of the Treaty, including
Europol, and related Community activities are concerned,
provide the SG/HR and the Commission with advice as
necessary, and take part in the required local coordination;

(m) with a view to coherence and possible synergies, continue
to be consulted on priorities for the Instrument of Pre-
accession Assistance;

(e)

consult with the EU Force Commander before taking
political action that may have an impact on the security
situation;

(n)

support the planning for a reinforced EUSR office in the
context of the closure of the Office of the High Represen­
tative (OHR),
including providing advice on public infor­
mation aspects of the transition, in close coordination with
the Commission;

(f)

ensure consistency and coherence of EU action towards the
public; the EUSR spokesperson shall be the main EU point
of contact for BiH media on Common Foreign and Security
Policy/European Security and Defence Policy (CFSP/ESDP)
issues;

(o) contribute to the development and consolidation of respect
in
for human rights and fundamental freedoms in BiH,
accordance with the EU human rights policy
and
EU Guidelines on human rights;

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(p) engage with relevant BiH authorities on their full cooper­
for the

ation with the International Criminal Tribunal
Former Yugoslavia (ICTY);

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.

(q) provide political advice and facilitation in the process of

constitutional reform;

Article 7

(r) without prejudice to the applicable chains of command,
provide help to ensure that all EU instruments in the
field are applied coherently to attain the EU's policy
objectives.

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

High Representative

the EUSR shall not

The role of
in any way prejudice the
mandate of the High Representative in BiH, including his coor­
dinating role with regard to all activities of all civilian organ­
isations and agencies as set out
in the General Framework
Agreement for Peace (GFAP) and subsequent Peace Implemen­
tation Council (PIC) conclusions and declarations.

Article 6

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 3 200 000.

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.

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.

2. Member States and institutions of the EU may propose the
secondment of staff to work with the EUSR. The salary of
personnel who are seconded by a Member State or an insti­
tution of the EU to the EUSR shall be covered by the Member
State or the institution of the EU 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 8

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 9

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.

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

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Article 10

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.

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

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

Article 12

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 11

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:

Article 13

Coordination

1.
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.

(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,

In the field, close liaison shall be maintained with the
Presidency,
the Commission and Member States' Heads of
Mission. They shall make best efforts to assist the EUSR in
the mandate. The EUSR shall also
the implementation of
liaise with other international and regional actors in the field.

In support of EU crisis management operations, the EUSR,
2.
with other EU actors present in the field, shall
improve the
dissemination and sharing of information by those EU actors
with a view to achieving a high degree of common situation
awareness and assessment.

(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 14

Review

(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 implementation of this Joint Action and its consistency
with other contributions from the EU 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 comprehensive mandate implemen­
tation report by mid-November 2009. These reports shall form
this Joint Action in the relevant
a basis for evaluation of
working groups and by the PSC.
In the context of overall
priorities for deployment, the SG/HR shall make recommen­
dations
to the PSC concerning the Council's decision on
renewal, amendment or termination of the mandate.

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

Article 15

Entry into force

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

Article 16

Publication

Done at Brussels, 11 March 2009.

For the Council
The President

K. SCHWARZENBERG