Home Europe Council of the European Union Council Decision (CFSP) 2015/970 of 22 June 2015 extending t...
Date: 2015-06-23 Category: Not Applicable State: Union Government Country: Europe

Council Decision (CFSP) 2015/970 of 22 June 2015 extending the mandate of the European Union Special Representative in Bosnia and Herzegovina

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary:** Council Decision CFSP 2015/970 extends the mandate of Mr. Lars-Gunnar WIGEMARK as the European Union Special Representative (EUSR) in Bosnia and Herzegovina (BiH) until October 31, 2015. The decision outlines the policy objectives, mandate, and implementation guidelines for the EUSR, focusing on BiH's progress in the Stabilisation and Association Process and the implementation of the General Framework Agreement for Peace. The financial reference amount for the mandate is EUR 1,700,000 for the period from July 1, 2015, to October 31, 2015. **Key Points / Main Content:** * **Mandate Extension:** * Extends Mr. Lars-Gunnar WIGEMARK's mandate as EUSR until October 31, 2015. * The Council may terminate the mandate earlier based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative (HR). * **Policy Objectives:** * Continued progress in the Stabilisation and Association Process. * A stable, viable, peaceful, multiethnic, and united BiH. * Cooperation with neighboring countries and progress towards EU membership. * Support for the implementation of the General Framework Agreement for Peace (GFAP) in BiH. * **EUSR Mandate:** * Offer advice and facilitate the political process. * Ensure consistency and coherence of Union action. * Facilitate progress on political, economic, and European priorities. * Monitor and advise authorities at all levels of government in BiH. * Ensure the implementation of the Union's efforts in the field of the rule of law and security sector reform. * Provide support for a reinforced interface between criminal justice and the police in BiH. * Offer the EU Force Commander political guidance on military issues with a local political dimension. * Coordinate and implement the Union's communication efforts in BiH. * Promote EU integration through public diplomacy and outreach activities. * Contribute to the development and consolidation of respect for human rights. * Engage with BiH authorities on cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). * Advise, assist, facilitate, and monitor political dialogue on constitutional changes. * Maintain contacts with the High Representative in BiH and other international organizations. * Provide advice to the HR on persons on whom restrictive measures could be imposed. * Ensure all Union instruments are applied coherently. * **Implementation and Coordination:** * The EUSR is responsible for implementing the mandate under the authority of the HR. * The PSC maintains a privileged link with the EUSR and provides strategic guidance. * The EUSR works in close coordination with the European External Action Service (EEAS). * The EUSR's activities shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, as appropriate. * **Financial Provisions:** * A financial reference amount of EUR 1,700,000 is allocated for the period from July 1, 2015, to October 31, 2015. * Expenditure is managed according to the Union's general budget procedures. * Nationals of the countries of the Western Balkans region shall be allowed to tender for contracts. * **Staffing and Support:** * A dedicated staff assists the EUSR. * Member States, Union institutions, and the EEAS may second staff to the EUSR. * The EUSR and staff shall respect security principles and minimum standards for EU classified information. * Member States, the Commission, and the General Secretariat of the Council provide access to information. * Union delegations and/or Member States provide logistical support. * **Security:** * The EUSR takes measures for the security of all personnel under their authority. * A specific security plan is established based on guidance from the EEAS. * All personnel are covered by high-risk insurance and receive appropriate security training. * **Reporting and Review:** * The EUSR provides regular oral and written reports to the HR and the PSC. * The implementation of the Decision is regularly reviewed. * The EUSR shall present the Council, the HR and the Commission with a mandate implementation report by the end of September 2015. **Impact Analysis:** * **European Union Special Representative (EUSR):** * *Impact:* Mandate extended, continued responsibility for implementing the EU's policy objectives in BiH. * *Action Required:* Continue to implement the mandate as outlined, coordinate with relevant parties, and report regularly to the HR and PSC. * **Political and Security Committee (PSC):** * *Impact:* Primary point of contact for the EUSR, responsible for providing strategic guidance. * *Action Required:* Maintain a close link with the EUSR, provide strategic guidance and political direction, and assess the EUSR's performance. * **High Representative of the Union for Foreign Affairs and Security Policy (HR):** * *Impact:* Oversees the EUSR and receives regular reports. * *Action Required:* Provide overall direction to the EUSR, review reports, and propose any necessary adjustments to the mandate. * **European External Action Service (EEAS):** * *Impact:* Works in close coordination with the EUSR and provides guidance on security matters. * *Action Required:* Coordinate with the EUSR, provide support and guidance, and ensure the security of personnel. * **European Commission:** * *Impact:* Coordinates activities with the EUSR and manages the financial aspects of the mandate. * *Action Required:* Coordinate with the EUSR, manage the expenditure related to the mandate, and ensure compliance with financial regulations. * **Member States:** * *Impact:* May second staff to the EUSR and provide logistical support. * *Action Required:* Consider seconding staff to the EUSR and provide logistical support as needed. * **Bosnia and Herzegovina (BiH) Authorities:** * *Impact:* Subject to monitoring and advice from the EUSR. * *Action Required:* Cooperate with the EUSR, implement necessary reforms, and work towards EU integration.

Key Entities Referenced

European Union Special Representative in Bosnia and Herzegovina: A special representative appointed by the European Union to represent its interests and policies in Bosnia and Herzegovina. Bosnia and Herzegovina: A country in Southeastern Europe, focus of the EU's policy objectives as described in the document. Lars-Gunnar WIGEMARK: The individual appointed as the European Union Special Representative (EUSR) in Bosnia and Herzegovina. Treaty on European Union: The foundational treaty of the European Union, cited as the legal basis for the Council's decision. High Representative of the Union for Foreign Affairs and Security Policy: A key position within the European Union responsible for foreign policy and security matters. Political and Security Committee: A committee within the European Union responsible for monitoring the international situation and providing strategic guidance on foreign and security policy. General Framework Agreement for Peace: An agreement to establish peace in Bosnia and Herzegovina International Criminal Tribunal for the former Yugoslavia: A court of law that deals with war crimes that took place in the Balkans during the 1990s.
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23.6.2015 EN Official Journal of the European Union L 157/45 COUNCIL DECISION (CFSP) 2015/970 of 22 June 2015 extending the mandate of 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 Article 31(2) and Article 33 thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 15 December 2014, the Council adopted Conclusions outlining the Union's renewed approach to Bosnia and Herzegovina. (2) On 19 January 2015, the Council adopted Decision (CFSP) 2015/77 (1) appointing Mr Lars-Gunnar WIGEMARK as the European Union Special Representative (EUSR) in Bosnia and Herzegovina. (3) The mandate of the EUSR is to expire on 30 June 2015. (4) The mandate of the EUSR should be extended for a further period of four months. (5) The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty, HAS ADOPTED THIS DECISION: Article 1 European Union Special Representative The mandate of Mr Lars-Gunnar WIGEMARK as the European Union Special Representative (EUSR) is hereby extended until 31 October 2015. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR). Article 2 Policy objectives The mandate of the EUSR shall be based on the following policy objectives of the Union in Bosnia and Herzegovina (BiH): continued progress in the Stabilisation and Association Process, with the aim of a stable, viable, peaceful and multi-ethnic and united BiH, cooperating peacefully with its neighbours and irreversibly on track towards membership of the Union. The Union will also continue to support the implementation of the General Framework Agreement for Peace (GFAP) in BiH. Article 3 Mandate In order to achieve the policy objectives, the mandate of the EUSR shall be to: (a) offer the Union's advice and facilitate the political process; (b) ensure consistency and coherence of Union action; (1) Council Decision (CFSP) 2015/77 of 19 January 2015 appointing the European Union Special Representative in Bosnia and Herzegovina (OJ L 13, 20.1.2015, p. 7).L 157/46 EN Official Journal of the European Union 23.6.2015 (c) facilitate progress on political, economic and European priorities; (d) monitor and advise the executive and legislative authorities at all levels of government in BiH, and liaise with the authorities and political parties in BiH; (e) ensure the implementation of the Union's efforts in the whole range of activities in the field of the rule of law and the security sector reform, promote overall Union coordination of, and give local political direction to, Union efforts in tackling organised crime and corruption and, in this context, provide the HR and the Commission with assessments and advice as necessary; (f) provide support for a reinforced and more effective interface between criminal justice and the police in BiH; (g) 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 authorities and with the local media; consult with the EU Force Commander before taking political action that may have an impact on the security situation; (h) coordinate and implement the Union's communication efforts on Union issues towards the public in BiH; (i) promote the process of EU integration through targeted public diplomacy and Union outreach activities designed to ensure a broader understanding and support from the BiH public on EU related matters, including by means of engagement of local civil society actors; (j) contribute to the development and consolidation of respect for human rights and fundamental freedoms in BiH, in accordance with the Union's human rights policy and the Union Guidelines on Human Rights; (k) engage with relevant BiH authorities on their full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY); (l) in line with the Union integration process, advise, assist, facilitate and monitor political dialogue on the necessary constitutional changes; (m) maintain close contacts and consultations with the High Representative in BiH and other relevant international organisations working in the country; (n) provide advice to the HR as necessary concerning natural or legal persons on whom restrictive measures could be imposed in view of the situation in BiH; (o) without prejudice to the applicable chains of command, help to ensure that all Union instruments in the field are applied coherently to attain the Union's policy objectives. Article 4 Implementation of the mandate 1. The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR. 2. The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's 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, without prejudice to the powers of the HR. 3. The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments. Article 5 Financing 1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2015 to 31 October 2015 shall be EUR 1 700 000. 2. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. Nationals of the countries of the Western Balkans region shall be allowed to tender for contracts.23.6.2015 EN Official Journal of the European Union L 157/47 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. Article 6 Constitution and composition of the team 1. A dedicated staff shall be assigned to assist the EUSR to implement his mandate and to contribute to the coherence, visibility and effectiveness of Union action in BiH overall. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include members having expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team. 2. Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State. 3. All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS 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 parties, as appropriate. Member States and the EEAS shall grant all necessary support to such effect. Article 8 Security of EU classified information The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (1). Article 9 Access to information and logistical support 1. Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information. 2. The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region. Article 10 Security In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the mandate of the EUSR and the security situation in the area of responsibility, for the security of all personnel under the direct authority of the EUSR, in particular by: (a) establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the area of responsibility, as well as the management of security incidents and a mission contingency and evacuation plan; (1) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).L 157/48 EN Official Journal of the European Union 23.6.2015 (b) ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the area of responsibility; (c) ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the EEAS; (d) ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress and mandate implementation reports. Article 11 Reporting The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament. Article 12 Coordination 1. The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, as appropriate. The EUSR shall provide regular briefings to Member States' missions and Union delegations. 2. In the field, close liaison shall be maintained with the Heads of Union delegations in the region and Member States' Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with international and regional actors in the field, and in particular maintain close coordination with the High Representative in BiH. 3. In support of Union crisis management operations, the EUSR, with other Union actors present in the field, shall improve the dissemination and sharing of information by those Union actors with a view to achieving a high degree of common situation awareness and assessment. Article 13 Assistance in relation to claims The EUSR and his staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in BiH, and shall provide administrative assistance and access to relevant files for such purposes. Article 14 Review The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a mandate implemen­ tation report by the end of September 2015.23.6.2015 EN Official Journal of the European Union L 157/49 Article 15 Entry into force This Decision shall enter into force on the date of its adoption. It shall apply from 1 July 2015. Done at Luxembourg, 22 June 2015. For the Council The President F. MOGHERINI

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