COUNCIL OF THE EUROPEAN UNION. Brussels, 3 December /03 PESC 717 COAFR 140 COWEB 173 COASI 45 COEST 91 COMEP 23 OC 772

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1 COUNCIL OF THE EUROPEAN UNION Brussels, 3 December /03 PESC 717 COAFR 140 COWEB 173 COASI 45 COEST 91 COMEP 23 OC 772 "I/A" ITEM NOTE From : General Secretariat To : COREPER/COUNCIL Subject : Draft Council Joint Actions extending and amending the mandates of the Special Representatives of the European Union in Afghanistan, for the Middle East Peace Process, for the African Great Lakes Region, for the South Caucasus and in FYROM COMMON GUIDELINES Consultation deadline: 5 December At its meetings of 21, 25, 28 November and 2 December 2003, the Political and Security Committee decided to extend for a further 6 months the mandates of the European Union Special Representatives (EUSRs) for the African Great Lakes Region, in the Former Yugoslav Republic of Macedonia, in Afghanistan, for the Middle East Peace Process and in South Caucasus. 2. The text of the mandates, as contained in the draft Joint Actions, was examined by the Foreign Relations Counsellors Working Party at its meetings of 27 November and 3 December and agreed by the Political and Security Committee at its meeting on 2 December /03 IR/sh 1 DGE Coord EN

2 3. At its meeting on 3 December the Foreign Relations Counsellors Working Party reached final agreement on - the text of the five Draft Council Joint Actions - the financial statements for the five EUSRs. 4. The Working Party noted that the Commission, in line with the new Guidelines on appointment, mandate and financing for EU Special Representatives, adopted by the Council on 17 November , proposed to extend the budgetary coverage to the expenditure of all personnel costs of the EUSR teams, whether seconded or recruited on a contractual basis, except for the salaries of seconded personnel, and of mission costs. The Working Party regards this as a positive practice, which needs to be continued, taking into account the need for coherence among EUSRs and the need for prioritisation in the CFSP budget. 5. With a view to a sound financial management and in line with the provisions of the new Guidelines, the EUSRs are requested to inform the Presidency and the Commission about the final composition of their teams. 6. In order to complete the procedures for the renewal of the mandates in June 2004, the EUSRs are requested to submit the relevant financial requests and information in time to the Commission, and in any case not later than two months before the expiry of the mandate. The Working Party also noted the necessity for the geographical Working Groups to start the evaluation of the mandates with a view to their renewal, amendment or termination at least two months before the expiration of the Joint Actions. 7. The Working Party draws attention to article 3 (l) of the mandate of EUSR Otte and the possible financial implications if a final decision on the operational projects related to security issues is taken. 1 Doc / /03 IR/sh 2 DGE Coord EN

3 8. Given the above, the Coreper is invited to: - confirm the agreement reached on the five draft Council Joint Actions and on the financial statements annexed to this note, - recommend that the Council: adopt the Council Joint Action (i) amending and extending the mandate of the Special Representative of the European Union for the African Great Lakes Region, the text of which, as finalised by the Legal/Linguistic Experts, is set out in doc /03 PESC 718 COAFR 141 OC 773; (ii) amending and extending the mandate of the Special Representative of the European Union in the Former Yugoslav Republic of Macedonia, the text of which, as finalised by the Legal/Linguistic Experts, is set out in doc /03 PESC 719 COWEB 174 OC 774; (iii) extending and amending the mandate of the Special Representative of the European Union in Afghanistan, the text of which, as finalised by the Legal/Linguistic Experts, is set out in doc /03 PESC 720 COASI 46 OC 775; (iv) extending and amending the mandate of the Special Representative of the European Union for the South Caucasus, the text of which, as finalised by the Legal/Linguistic Experts, is set out in doc /03 PESC 722 COEST 92 OC 777; 15339/03 IR/sh 3 DGE Coord EN

4 (v) extending and amending the mandate of the Special Representative of the European Union for the Middle East Peace Process, the text of which, as finalised by the Legal/Linguistic Experts, is set out in doc /03 PESC 723 COMEP 24 OC 778, order publication of the Joint Actions in the Official Journal /03 IR/sh 4 DGE Coord EN

5 DRAFT LEGISLATIVE FINANCIAL STATEMENT ANNEX Policy area(s): External Relations Activity(ies): CFSP - Common Foreign and Security Policy TITLE OF ACTION: Council Joint Action 2003/ /CFSP of.../../2003 extending and amending the mandate of the Special Representative of the European Union for the African Great Lakes 1. BUDGET LINE(S) + HEADING(S) B8-012 Conflict resolution, verification, support for the peace process and stabilisation (in 2004, new budget line for EUSRs: ) 2. OVERALL FIGURES 2.1. Total allocation for action (Part B): 510,000 for 2003 commitment 2.2. Period of application: The Joint Action shall enter into force on 1 January 2004 and shall apply until 30 June Expenditure shall be eligible from 1 January until 30 June Overall multi-annual estimate on expenditure: a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1) Year 2003 million (to 3rd decimal place) N Total Commitments Payments /03 IR/sh 5

6 b) Technical and administrative assistance and support expenditure (see point 6.1.2) N/A c) Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3) N/A TOTAL a+b+c Commitments Payments Compatibility with the financial programming and the financial perspective Proposal compatible with the existing financial programming This proposal will entail reprogramming of the relevant heading in the financial perspective This may entail application of the provisions of the Interinstitutional Agreement 2.5. Financial impact on revenue: No financial implications (involves technical aspects regarding implementation of a measure) 3. BUDGET CHARACTERISTICS Type of expenditure New EFTA participation Participation applicant countries Heading Financial Perspective DNO CD NON NON NON No 4 4. LEGAL BASIS Treaty establishing the European Community, and in particular article 274 Treaty on the European Union, and in particular Articles 14 and 18(5) 15339/03 IR/sh 6

7 5. DESCRIPTION AND GROUNDS 5.1. Need for Community intervention Objectives pursued In accordance with Article 2 of the Joint Action 2003/ /CFSP of December 2003, the objectives of the Special Representative shall be the following: (a) Active and efficient contribution of the European Union to a final settlement of the crises in the Democratic Republic of Congo (DRC) and in Burundi; (b) Particular attention to the regional dimension of the crises in the two countries; (c) Ensurance of the continued presence of the European Union on the ground and in relevant international fora, staying in touch with key players and contribution to crisis management; (d) Contribution to a consistent, sustainable and responsible policy of the European Union in the African Great Lakes Region Measures taken in connection with ex ante evaluation No ex ante evaluation was conducted prior to the inception of the action in The action has since been renewed 10 times Measures taken following ex post evaluation The Council undertakes reviews at the end of each EUSR mandate on the basis of document Review of Mandates of EUSRs (doc. 6436/03 of 14 February 2003). The most recent review was conducted by the Africa Working Group and endorsed by the Political and Security Committee. The review recommended the continuation of the mandate Actions envisaged and arrangements for budget intervention The mandate of the EUSR, as specified in Article 3 of the Joint Action 2003/ /CFSP, shall be to: (a) establish and maintain close contact with all the parties to the peace and transition process in the African Great Lakes Region, other countries of the region, the United States of America, other relevant countries, as well as the UN and other relevant international organisations, the AU and subregional organisations and their representatives as well as other prominent regional leaders in order to work with them in strengthening the peace processes of Lusaka and Arusha and the peace agreements concluded in Pretoria and Luanda; (b) observe the peace negotiations and the peace and transition process between the parties and offer the European Union's advice and good offices as appropriate; 15339/03 IR/sh 7

8 (c) contribute, where requested, to the implementation of peace and cease fire agreements reached between the parties and engage with them diplomatically in the event of non-compliance with the terms of these agreements; (d) engage constructively with signatories to agreements within the framework of the peace processes in order to promote compliance with the basic norms of democracy and good governance, including respect for human rights and the rule of law; (e) contribute to and cooperate with the Special Representative of the Secretary-General of the United Nations for the Great Lakes Region and the Special Envoy of the Chairperson of the African Union on the preparation of a Conference on Peace, Security, Democracy and Development in the Great Lakes Region; (f) report on the possibilities for European Union intervention in the peace and transition process and on the best way of pursuing European Union initiatives; (g) monitor actions by the parties to the conflicts, which might prejudice the outcome of the ongoing peace processes; (h) contribute to a better understanding of the European Union's role among opinion leaders in the region. The main beneficiaries are countries and people of the African Great Lakes Region, in particular the Democratic Republic of Congo, Rwanda and Burundi Methods of implementation The EU Special Representative will sign a Special Adviser contract with the Commission. He will be responsible to the Commission for the management of expenditure related to the mandate. The EUSR will sign employment contracts with his staff on his own behalf. The terms of reference of any new employment contracts will be submitted to the Commission for prior approval in ways to be specified in the contract /03 IR/sh 8

9 6. FINANCIAL IMPACT 6.1. Total financial impact on Part B (over the entire period) Financial intervention Project funded by EC contribution and contributions in kind by Member States: Contribution EC: Breakdown Bilateral contributions by Member States: Commitments in million Year N none N + 1 N + 2 N + 3 N + 4 N + 5 and subs. Years Total Bilateral contributions by nonmember states: None TOTAL CONTRIBUTIONS IN KIND EU Member States and Institutions FR: secondment of Political Adviser to the EUSR NL: secondment of Political Adviser to the EUSR Council SG: secondment of Political Adviser and 1 Secretary to the EUSR. Office space and facilities, including fixed line communications, office computers and their maintenance. Non-EU Participants None Technical and administrative assistance, support expenditure and IT expenditure (Commitment appropriations) N/A 15339/03 IR/sh 9

10 6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period) Personnel costs Salaries The salaries of all non-seconded staff are covered by the budget of the mandate. The salaries of the seconded staff are covered by the seconding state and institution, respectively. EU Special Representative 6 months * 21,000 /month = 126,000 The remuneration of the EUSR corresponds to the basic salary of the grade A1, 4 th level, as fixed at Article 66 of the EC Staff Regulations. It is determined on the basis of document EU Special Representatives: Guidelines on appointment, mandate and financing (doc /03 of 28 October 2003). The remuneration includes expatriation allowance of 16 % and other applicable allowances as per the EC Staff Regulations. Administrative Assistant 6 months * 8,000 /month = 48,000 The remuneration of the Administrative Assistant includes gross salary and all social security contributions of the employer under the Belgian law. Insurances The budget covers a high-risk insurance for the EUSR and his team members, whether these are paid from the budget or seconded by Member States. EUSR 5,000 3 Advisers 3 * 3,000 = 9,000 Administrative Assistant 1,600 The budget also includes a provision of 5,000 for insurance against financial risks, should the EUSR wish to take such insurance. Severance payments A provision of 10,000 is included to cover possible severance payments of Administrative Assistant /03 IR/sh 10

11 Missions All mission expenditure directly related to the implementation of the mandate is covered by the budget of the mandate. The mission expenditure includes transportation, per diems and accommodation. The rates are based on the Guide to Missions for Officials and Other servants of the European Commission (Article 71 of the Staff Regulations and Articles 11 to 13 of Annex VII to the Staff Regulations), adopted by Commission Decision of 23 May Depending on the type of mission the EUSR travels with one or two advisers. Missions to Great Lakes Region: the EUSR travels to the region at least once a month, sometimes twice. He generally visits 2-4 countries during each mission. Flights Brussels Great Lakes Region Brussels EUSR 8 return flights * 3,500 /flight = 28,000 3 Advisers 3 * 6 return flights * 3,500 /flight = 63,000 Flights inside Great Lakes EUSR 30 * 800 /flight = 24,000 3 Advisers 3 * 20 * 800 /flight = 64,000 Hotel & per diem in Great Lakes EUSR 90 days * 200 /day = 18,000 3 Advisers 3 * 60 days * 180 /day = 34,400 Missions inside Europe: the EUSR travels to the capital of each Presidency at least once. He also visits other European capitals for consultations with the Ministers of Foreign Affairs and the Africa directors. Occasionally, donor meetings on Burundi are also held in European Capitals. Flights in Europe EUSR 4 flights * 850 /flight = 3,400 3 Advisers (2 * 2 flights* 850 /flight) + (1 * 1 flight * 850 /flight) = 4,250 Hotel & per diem Europe EUSR 10 days * 180 /day = 1,800 3 Advisers (2 * 6 days * 160 /day) + (1 * 2 days * 160 /day) = 4, /03 IR/sh 11

12 Missions to the United States of America: The Special Representative goes to New York 4 times a year to attend meetings in the framework of the United Nations. During some of these visits he also travels to Washington for consultations with the US State Department. The meetings in New York are: General Assembly of the UN (in September), Co-ordination meeting on DRC (organised by the Department of Peacekeeping of the UN), Co-ordination meeting on Burundi (organised by the Department of Peacekeeping of the UN), Security Council on Burundi or DRC. Two of these missions will take place in the first semester of Flights to the USA EUSR 2 return flights * 3,000/flight = 6,000 2 Advisers 3 return flights * 3,000 /flight = 9,000 Hotel & per diem USA EUSR 24 days * 200 /day = 4,800 2 Advisers 2 * 14 days * 180 /day = 5, Running expenditure Office rent p.m. Office supplies 1,000 Electricity, heating, maintenance p.m. Hire of vehicle 1,000 Telecommunications/fixed line p.m. Telecommunications/GSM and satellite 8,000 IT/Communications support p.m. Financial Services Capital expenditure Portable computers 1,500 Mobile/satellite phones 1, Representation Representation costs of up to 6,000 are covered by the budget Contingencies The contingency reserve is set at about 3 % of the overall budget and shall be used only with a prior written approval of the Commission /03 IR/sh 12

13 6.3. Itemised breakdown of cost (indicative) BUDGET HEADING Budget in first semester 2004 in 1. Personnel Costs 2. Missions 3. Running expenditure 4. Capital expenditure 204, ,730 10,500 2, Representation 6,000 Sub-Total (1 to 5) 493,330 Contingencies 1 16,670 TOTAL 510,000 The authorising officer responsible is hereby authorised to vary each of the above amounts related to the EUSR s budget of the first semester of 2004 according to exact operational requirements and possibilities and in keeping with sound financial management, while not exceeding the overall amount of the financing decision Financial precedents Joint Action Council Joint Action 2003/447/CFSP of 16 June 2003 extending the mandate of the European Union Special Representative for the African Great Lakes Region Official Journal L 150, 18/06/2003 P Council Joint Action of 10 December 2002 amending and extending the mandate of the European Union Special Representative for the African Great Lakes Region Official Journal L 334, 11/12/2002 P Budget Allocation of year appropriations 2003 Financed from administrative budget of the Council SG 2002 Financed from administrative budget of the Council SG Commitments 1 Contingencies shall be used only with a prior written approval of the Commission /03 IR/sh 13

14 Council Joint Action of 10 December 2001 extending the mandate of the Special Representative of the European Union for the African Great Lakes Region Official Journal L 326, 11/12/2001 P /792/CFSP: Council Joint Action of 14 December 2000 appointing the Special Representative of the European Union for the African Great Lakes Region and repealing Joint Action 96/250/CFSP Official Journal L 318, 16/12/2000 P Council Joint Action of 22 May 2000 extending the validity and application of Joint Action 96/250/CFSP in relation to the nomination of a Special Envoy for the African Great Lakes Region Official Journal L 122, 24/05/2000 P /423/CFSP: Council Decision of 28 June 1999 extending Joint Action 96/250/CFSP in relation to the nomination of a Special Envoy for the African Great Lakes Region Official Journal L 163, 29/06/1999 P /452/CFSP: Council Decision of 13 July 1998 extending the application of Joint Action 96/250/CFSP adopted by the Council on the basis of Article J.3 of the Treaty on European Union, in relation to the nomination of a Special Envoy for the African Great Lakes Region Official Journal L 198, 15/07/1998 P Council Decision of 16 July 1997 extending the application of Joint Action 96/250/CFSP adopted by the Council on the basis of Article J.3 of the Treaty on European Union, in relation of the nomination of a Special Envoy for the African Great Lakes Region Official Journal L 197, 24/07/1997 P Council Decision of 1 October 1996 concerning the financial implications arising from the extension of the mandate of the Special Envoy for the African Great Lakes Region nominated by Joint Action 96/250/CFSP Official Journal L 260, 12/10/1996 p Council Decision of 15 July 1996 extending the application of Joint Action 96/250/CFSP adopted by the Council on the basis of Article J.3 of the Treaty on the European Union, in relation to the nomination of a Special Envoy for the African Great Lakes Region Official Journal L 185, 24/07/1996 P Financed from administrative budget of the Council SG 2000 Financed from administrative budget of the Council SG No financial implications, extension only 15339/03 IR/sh 14

15 96/256/EC: 96/250/CFSP: Joint Action of 25 March 1996 adopted by the Council on the basis of Article J.3 of the Treaty on European Union, in relation to the nomination of a Special Envoy for the African Great Lakes Region Official Journal L 087, 04/04/1996 P IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE 7.1 Impact on human resources p.m. 7.2 Overall financial impact of human resources p.m. 7.3 Other administrative expenditure deriving from the action p.m. 8. FOLLOW-UP AND EVALUATION 8.1 Follow-up arrangements The Presidency is responsible for the implementation of the decisions made according to title V of the TEU (Joint Action). According to Art. 4.1 of the Joint Action 2003/./CFSP of December 2003, the EUSR shall be responsible for implementing his mandate acting under the authority and operational direction of the High Representative. The EUSR shall be accountable to the Commission for expenditure incurred in respect of his activities. According to Article 4.2 of the said Joint Action, the EUSR shall maintain privileged link with the Political and Security Committee (PSC), which shall provide strategic guidance and political input to the EUSR within the framework of the mandate. According to Article 7 of the said Joint Action, as a rule, the Special Representative will report in person to the High Representative and to the PSC and may report also to the relevant Working Group. Regular written reports will be circulated to the High Representative, Council and Commission. The EUSR may report to the General Affairs and External Relations Council on the recommendation of the HR and the PSC. According to Article 8 of the said Joint Action, to ensure the coherence of EU external action, the activities of the EUSR shall be coordinated with those of the HR, Presidency and the Commission. In the field, close liaison shall be maintained with Presidency, Commission and Heads of Mission as well as with other international actors. According to Article 9 of the said Joint Action, the Special Representative shall present a comprehensive written report on the implementation of the mandate to the High Representative, Council and Commission two months before the mandate expires, which shall form a basis for evaluation of the Joint Action in the relevant working groups and by the PSC /03 IR/sh 15

16 8.2 Arrangements and schedule for the planned evaluation The Commission may conduct an evaluation of this action in the framework of its budget implementation competence. The Council will conduct a review at the end of the mandate, on the basis of Guidelines in the document Review of Mandates of EUSRs (doc. 6436/03 of 14 February 2003). 9. ANTI-FRAUD MEASURES Controls may be undertaken by the Commission services, including OLAF, as well as by the European Court of Auditors /03 IR/sh 16

17 DRAFT LEGISLATIVE FINANCIAL STATEMENT Policy area(s): External Relations Activity(ies): CFSP - Common Foreign and Security Policy TITLE OF ACTION: Council Joint Action 2003/ /CFSP of.../../2003 extending the mandate of the Special Representative of the European Union in the former Yugoslav Republic of Macedonia 1. BUDGET LINE(S) + HEADING(S) B8-012 Conflict resolution, verification, support for the peace process and stabilisation (in 2004, new budget line for EUSRs: ) 2. OVERALL FIGURES 2.1. Total allocation for action (Part B): 370,000 for 2003 commitment 2.2. Period of application: The Joint Action shall enter into force on 1 January 2004 and shall apply until 30 June Expenditure shall be eligible from 1 January until 30 June Overall multi-annual estimate on expenditure: a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1) million (to 3rd decimal place) Year N Total Commitments Payments b) Technical and administrative assistance and support expenditure (see point 6.1.2) N/A 15339/03 IR/sh 17

18 c) Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3) N/A TOTAL a+b+c Commitments Payments 2.4. Compatibility with the financial programming and the financial perspective Proposal compatible with the existing financial programming This proposal will entail reprogramming of the relevant heading in the financial perspective This may entail application of the provisions of the Interinstitutional Agreement 2.5. Financial impact on revenue: No financial implications (involves technical aspects regarding implementation of a measure) 3. BUDGET CHARACTERISTICS Type of expenditure New EFTA participation Participation applicant countries Heading Financial Perspective DNO CD NON NON NON No 4 4. LEGAL BASIS Treaty establishing the European Community, and in particular article 274 Treaty on the European Union, and in particular Articles 14 and 18(5) 5. DESCRIPTION AND GROUNDS 5.1. Need for Community intervention Objectives pursued In accordance with Article 2 of the Joint Action 2003/ /CFSP of December 2003, the objectives of the Special Representative shall be the following: a) to contribute to the consolidation of the peaceful political process and the full implementation of the Framework Agreement 15339/03 IR/sh 18

19 b) to facilitate further progress towards European Integration through the Stabilisation and Association Process Measures taken in connection with ex ante evaluation No ex ante evaluation was conducted prior to the inception of the action in The action has since been renewed four times Measures taken following ex post evaluation The Council undertakes reviews at the end of each EUSR mandate on the basis of document Review of Mandates of EUSRs (doc. 6436/03 of 14 February 2003). The most recent review was conducted by the COWEB and endorsed by the Political and Security Committee. The review recommended the continuation of the mandate, taking into account the EUSR s role regarding EUPOL-PROXIMA Actions envisaged and arrangements for budget intervention The mandate of the EUSR, as specified in Article 3 of the Joint Action [2003/ /CFSP], shall be to: a) maintain close contact with the Government of fyrom and with the parties involved in the political process b) offer the European Union s advice and facilitation in the political process c) ensure coordination of the international community s efforts to help in the implementation and sustainability of the provisions of the Framework Agreement of 13 August 2001, as set out in the Agreement and its Annexes d) follow closely and report on security and inter-ethnic issues and liaising with all relevant bodies to that end e) give guidance, as necessary, to the Head of Mission/Police Commissioner of the European Union Police Mission (EUPOL/Proxima) f) together with the Head of Mission/Police Commissioner of EUPOL/Proxima and in co-ordination with the presidency, conduct a regular dialogue with the FYROM authorities on the progress of EUPOL/Proxima. The main beneficiaries are country and people of fyrom Methods of implementation The EU Special Representative will sign a Special Adviser contract with the Commission. He will be responsible to the Commission for the management of expenditure related to the mandate. The EUSR will sign employment contracts with his staff on his own behalf. The terms of reference of any new employment contracts will be submitted to the Commission for prior approval in ways to be specified in the contract /03 IR/sh 19

20 6. FINANCIAL IMPACT 6.1. Total financial impact on Part B (over the entire period) Financial intervention Project funded by EC contribution and contributions in kind by Member States: Contribution EC: Breakdown Bilateral contributions by Member States: [indicate acronyms of MS] Commitments in million Year N DK, SE, EL, B (UK, NL) N + 1 N + 2 N + 3 N + 4 N + 5 and subs. Years Total Bilateral contributions by nonmember states: [indicate names of non-ms] TOTAL CONTRIBUTIONS IN KIND EU Member States and Institutions BE: secondment of 2 security staff (until end of mandate A. Brouhns) DK: secondment of 1 political adviser SE: secondment of 1 police adviser GR: secondment of 1 political adviser Council SG: secondment of Head of Cabinet Possibly in the future: UK: secondment of 1 political adviser NL: secondment of 1 political adviser Non-EU Participants 15339/03 IR/sh 20

21 Technical and administrative assistance, support expenditure and IT expenditure (Commitment appropriations) N/A 6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period) Personnel costs Salaries The salaries of all non-seconded staff are covered by the budget of the mandate. The salaries of the seconded staff are covered by the seconding state and institution, respectively. All amounts below are given for indicative purposes only. EU Special Representative 6 months * 21,666 /month = 130,000 The remuneration of the EUSR corresponds to the basic salary of the grade A1, 4 th level, as fixed at Article 66 of the EC Staff Regulations. It is determined on the basis of document EU Special Representatives: Guidelines on appointment, mandate and financing (doc /03 of 28 October 2003). The provision includes expatriation allowance of 16 %, a hardship allowance of 20 % and other applicable allowances as per the EC Staff Regulations. Salary reserve for 1 Adviser 6 months * 7,000 /month = 42,000 2 secretaries/interpreter 6 months * 1,212 /month = 7,272 6 months * 1,212 /month = 7,272 2 Driver 6 months * 804 /month = 4,824 6 months * 804 /month = 4,824 1 Personal Assistant 6 months * 1,412 /month = 8,472 1 Cleaning Lady 6 months * 435 / month = 2,610 Provision for overtime 6 months * 800 /month = 4,800 Salary reserve 5,000 Insurances The budget covers a high-risk insurance for the EUSR and his team members, whether these are paid from the budget or seconded by Member States. EUSR 5,000 Team members 6 * 2,500 = 15,000 Local staff /03 IR/sh 21

22 Missions All mission expenditure directly related to the implementation of the mandate is covered by the budget of the mandate. The mission expenditure includes transportation, per diems and accommodation. The rates are based on the Guide to Missions for Officials and Other servants of the European Commission (Article 71 of the Staff Regulations and Articles 11 to 13 of Annex VII to the Staff Regulations), adopted by Commission Decision of 23 May Brussels place of employment Brussels EUSR 6 missions * 1,300 /mission = 7,800 Team 6 missions * 1,000 /mission = 6,000 Missions inside Europe EUSR 2 missions * 600 /mission = 1,200 Missions in fyrom EUSR/Team 6 missions * 400 /mission = 2, Running expenditure Office rent 6 months * 4000 /month = 24,000 Office running costs 6 months * 1000 /month = 6,000 Hire of armoured vehicle 5 months * 5000 /month = 25,000 Telecommunications 6 months * 4800 /month = 28,800 Security measures 6 months * 2050 /months = 12,300 Security running costs 6 months * 800 /month = 4, Representation Representation costs of up to 6000 are covered by the budget Contingencies The contingency reserve is set at about 2.2 % of the overall budget and shall be used only with a prior written approval of the Commission /03 IR/sh 22

23 6.3. Itemised breakdown of cost (indicative) BUDGET HEADING Budget in 1 st semester of 2004 ( ) 1. Personnel Costs 237, Missions 17, Running expenditure 100, Capital expenditure n/a 5. Representation 6,000 Sub-Total (1 to 5) 362,274 Contingencies 1 7,726 TOTAL 370,000 The authorising officer responsible is hereby authorised to vary each of the above amounts related to the EUSR s budget of the first semester of 2004 according to exact operational requirements and possibilities and in keeping with sound financial management, while not exceeding the overall amount of the financing decision Financial precedents Joint Action Budget Allocation of Commitments year appropriations Council Joint Action 2002/963/CFSP of December 2002 amending and extending the mandate for an EU Special Representative for fyrom Council Joint Action 2003/446/CFSP of 16 June extending the mandate of the EUSR for fyrom 1 Contingencies shall be used only with a prior written approval of the Commission /03 IR/sh 23

24 7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE 7.1 Impact on human resources p.m. 7.2 Overall financial impact of human resources p.m. 7.3 Other administrative expenditure deriving from the action p.m. 8. FOLLOW-UP AND EVALUATION 8.1 Follow-up arrangements The Presidency is responsible for the implementation of the decisions made according to title V of the TEU (Joint Action). According to Art. 4.1 of the Joint Action [2003/./CFSP] of [ ] December 2003, the EUSR shall be responsible for implementing his mandate acting under the authority and operational direction of the High Representative. The EUSR shall be accountable to the Commission for expenditure incurred in respect of his activities. According to Article 4.2 of the said Joint Action, the EUSR shall maintain privileged link with the Political and Security Committee (PSC), which shall provide strategic guidance and political input to the EUSR within the framework of the mandate. According to Article 7 of the said Joint Action, as a rule, the Special Representative will report in person to the High Representative and to the PSC and may report also to the relevant Working Group. Regular written reports will be circulated to the High Representative, Council and Commission. The EUSR may report to the General Affairs and External Relations Council on the recommendation of the HR and the PSC. According to Article 8 of the said Joint Action, to ensure the coherence of EU external action, the activities of the EUSR shall be coordinated with those of the HR, Presidency and the Commission. In the field, close liaison shall be maintained with Presidency, Commission and Heads of Mission as well as with other international actors. According to Article 9 of the said Joint Action, the Special Representative shall present a comprehensive written report on the implementation of the mandate to the High Representative, Council and Commission two months before the mandate expires, which shall form a basis for evaluation of the Joint Action in the relevant working groups and by the PSC. 8.2 Arrangements and schedule for the planned evaluation The Commission may conduct an evaluation of this action in the framework of its budget implementation competence. The Council will conduct a review at the end of the mandate, on the basis of Guidelines in document 6436/03 of 14/02/ /03 IR/sh 24

25 9. ANTI-FRAUD MEASURES Controls may be undertaken by the Commission services, including OLAF, as well as by the European Court of Auditors /03 IR/sh 25

26 LEGISLATIVE FINANCIAL STATEMENT Policy area(s): External Relations Activity(ies): CFSP - Common Foreign and Security Policy TITLE OF ACTION: Council Joint Action 2003/ /CFSP of.../../2003 extending the mandate of the Special Representative of the European Union for Afghanistan 1. BUDGET LINE(S) + HEADING(S) B8-012 Conflict resolution, verification, support for the peace process and stabilisation (in 2004, new budget line for EUSRs: ) 2. OVERALL FIGURES 2.1. Total allocation for action (Part B): 496,000 for 2003 commitment 2.2. Period of application: The Joint Action shall enter into force on 1 January 2004 and shall apply until 30 June Expenditure shall be eligible from 1 January until 30 June Overall multi-annual estimate on expenditure: a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1) Year 2003 million (to 3rd decimal place) N Total Commitments Payments b) Technical and administrative assistance and support expenditure (see point 6.1.2) N/A c) Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3) N/A 15339/03 IR/sh 26

27 TOTAL a+b+c Commitments Payments Compatibility with the financial programming and the financial perspective Proposal compatible with the existing financial programming This proposal will entail reprogramming of the relevant heading in the financial perspective This may entail application of the provisions of the Interinstitutional Agreement 2.5. Financial impact on revenue: No financial implications (involves technical aspects regarding implementation measure) of a 3. BUDGET CHARACTERISTICS Type of expenditure New EFTA participation Participation applicant countries Heading Financial Perspective DNO CD NON NON NON No 4 4. LEGAL BASIS Treaty establishing the European Community, and in particular article 274 Treaty on the European Union, and in particular Articles 14 and 18(5) 5. DESCRIPTION AND GROUNDS 5.1. Need for Community intervention Objectives pursued In accordance with Article 2 of the Joint Action 2003/ /CFSP of December 2003, the objective of the EU Special Representative shall be to contribute to the implementation of the Union's policy in Afghanistan. In particular the Special Representative shall: 15339/03 IR/sh 27

28 1. contribute to the integrity and full implementation of the Bonn Agreement as well as UN Security Council Resolution 1378, 1419 and other relevant UN Resolutions; 2. encourage positive contributions from regional actors in Afghanistan and from neighbouring countries to the peace process in Afghanistan and thereby contribute to the consolidation of the Afghan State, and 3. support the pivotal role played by the UN, notably the Special Representative of the Secretary General Measures taken in connection with ex ante evaluation No ex ante evaluation was conducted prior to the inception of the action in The action has since been renewed 3 times Measures taken following ex post evaluation The Council undertakes reviews at the end of each EUSR mandate on the basis of document Review of Mandates of EUSRs (doc. 6436/03 of 14 February 2003). The most recent review was conducted by the Council Working Group for Asia and Oceania and endorsed by the Political and Security Committee. The review recommended the continuation of the mandate without amendments Actions envisaged and arrangements for budget intervention The mandate of the EUSR, as specified in Article 3 of the Joint Action [2003/ /CFSP], shall be to: (a) convey the Union's views on the political process while drawing on the key principles agreed between the Afghan parties and the international community, including the Bonn Agreement, the Tokyo document and Security Council Resolution These principles include the intention to establish a broad-based, gender-sensitive, multi-ethnic and fully representative government; (b) establish and maintain close contact with and give support to the Afghan Transitional Administration. Contact should also be established and maintained with other Afghan leaders inside as well as outside the country; (c) establish and 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 are taken into account in Union policy; (e) advise on the progress of the Bonn process, in particular in the following areas: progress towards a broad-based, gender-sensitive, multi-ethnic and fully representative government committed to peace with Afghanistan s neighbours, preparation of a new constitution and the constitutional Loya Jirga, 15339/03 IR/sh 28

29 preparation of elections scheduled for 2004, respect for human rights of all Afghan people, regardless of gender, ethnicity or religion, 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 administration and society, respect for Afghanistan's international obligations, including cooperation in international efforts to combat terrorism, illicit drug trafficking and trafficking of human beings, facilitation of humanitarian assistance and the orderly return of refugees and internally displaced persons, and security sector reforms, including establishment of judicial institutions, a national army and police force. (f) in consultation with representatives of Member States and the Commission, contribute to ensure that the Union s political approach is reflected in its action for the reconstruction of Afghanistan, including to encourage a process undertaken by the Afghan Transitional Government in partnership with the international community leading to the development of verifiable benchmarks and monitoring systems on how to achieve the key principles agreed between the Afghan parties and the international community; (g) advise on the participation and the positions of the Union in international conferences on Afghanistan. The main beneficiaries are the people of Afghanistan Methods of implementation The EU Special Representative will sign a Special Adviser contract with the Commission. He will be responsible to the Commission for the management of expenditure related to the mandate. The EUSR will sign employment contracts with his staff on his own behalf. The terms of reference of any new employment contracts will be submitted to the Commission for prior approval in ways to be specified in the contract /03 IR/sh 29

30 6. FINANCIAL IMPACT 6.1. Total financial impact on Part B (over the entire period) Financial intervention Project funded by EC contribution and contributions in kind by Member States: Contribution EC: Breakdown Bilateral contributions by Member States: Commitments in million Year N N + 1 N + 2 N + 3 N + 4 N + 5 and subs. Years Total Bilateral contributions by nonmember states: TOTAL CONTRIBUTIONS IN KIND EU Member States and Institutions DE: secondment of Political Adviser FIN: secondment of Human Rights and Gender Adviser SW: secondment of Political Adviser FIN: secondment of Political Adviser Non-Member States Naught Technical and administrative assistance, support expenditure and IT expenditure (Commitment appropriations) N/A 15339/03 IR/sh 30

31 6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period) Personnel costs Salaries The salaries of all non-seconded staff are covered by the budget of the mandate. The salaries of the seconded staff are covered by the seconding state and institution, respectively. EU Special Representative 6 months * 21,500 /month = 129,000 The remuneration of the EUSR corresponds to the basic salary of the grade A1, 4 th level, as fixed at Article 66 of the EC Staff Regulations. It is determined on the basis of document EU Special Representatives: Guidelines on appointment, mandate and financing (doc /03 of 28 October 2003). The provision includes expatriation allowance of 16 %, a hardship allowance of 35 % and other applicable allowances as per the EC Staff Regulations. Financial Officer (internat.) 6 months * 2,000 /month = 12,000 Translator 6 months * 560 /month = 3,360 Translator 6 months * 500 /month = 3,000 Secretary 6 months * 1,000 /month = 6,000 Driver 6 months * 410 /month = 2,460 Driver 6 months * 460 /month = 2,760 4 Guard 4 * 6 months * 295 /month = 7,080 4 local Police 4 * 6 months * 115 /month = 2,760 Cook 6 months * 460 /month = 2,760 Cook 6 months * 170 /month = 1,020 2 Cooks 2 * 6 months * 350 /month = 4,200 2 Cleaners 2 * 6 months * 260 / month = 3,120 Laundry lady 6 months * 250 /month = 1,500 Technician 6 months * 260 / month = 1,560 2 Gardeners 2 * 6 months * 225 /month = 2, /03 IR/sh 31

32 Insurances The budget covers a high-risk insurance for the EUSR and his team members, whether these are paid from the budget or seconded by Member States. EUSR 5,000 Team 4 advisers * 3,000 /adviser = 12,000 The budget also includes a provision of 5,000 for insurance against financial risks, should the EUSR wish to take such insurance. Severance payments A provision of 1,000 is included to cover possible severance payments for employees Missions All mission expenditure directly related to the implementation of the mandate is covered by the budget of the mandate. The mission expenditure includes transportation, per diems and accommodation. The rates are based on the Guide to Missions for Officials and Other servants of the European Commission (Article 71 of the Staff Regulations and Articles 11 to 13 of Annex VII to the Staff Regulations), adopted by Commission Decision of 23 May The place of employment of the EUSR is Kabul, Afghanistan. Missions to Brussels Flights Kabul - Brussels Kabul EUSR 6 * 3,500 /flight = 21,000 Team 4 advisers * 2 flights/adviser * 2,500 /flight = 20,000 Accommodation & per diem EUSR 42 days * 270 = 11,550 Team 4 advisers * 2 flights * 7 days per trip = 56 days * 270 = 15,120 Missions in Europe EUSR Flights 6 flights * 850 /flight = 5,100 EUSR accommodation and per diem 30 days * 350 /day = 10,500 Missions to Russia EUSR Flights Kabul Moscow Kabul 1 * 2,000 /flight = 2,000 EUSR accommodation and per diem 10 days * 450 /day = 4, /03 IR/sh 32

33 Missions to the USA (prolongation from Brussels/Europe) EUSR Flights Europe USA Europe 2 * 3,000 /flight = 6,000 EUSR accommodation and per diem 14 days * 350 = 4,900 Missions in Afghanistan EUSR 5 missions * 300 /mission = 1,500 Team 4 advisers * 5 missions/adviser * 250 /mission = 5, Running expenditure Office rent 8000 /month * 6 = Office supplies 500 /month * 6 = 3,000 Electricity, heating, maintenance 2,500 /month * 6 = 15,000 Hire of vehicle + petrol 1,000 /month * 6 = 6,000 Telecommunications 1,500 /month * 6 = 9,000 Hire of Equipment 1,000 /month * 6 = 6,000 Conferences/seminars 500 /month * 6 = 3,000 IT/Communications support 1,500 /month * 6 = 9,000 Translation, interpretation 2,000 Financial Services 2,000 Food (local staff and CPT) 550 /month * 6 = 3, Capital expenditure Vehicle 1 second-hand vehicle 15,000 IT equipment Laptop, three computers and one printer 10,000 Communications equipment Phone line 5,000 ; Mobile phones 2,500 ; Radius Repeater, basis station and 10 handsets 12,500 Furniture 5, /03 IR/sh 33

34 Representation Representation costs of up to 10,000 are covered by the budget Contingencies The contingency reserve is set at about 3 % of the overall budget and shall be used only with a prior written approval of the Commission Itemised breakdown of cost (indicative) BUDGET HEADING Budget in 1 st semester of 2004 ( ) 1. Personnel Costs 2. Missions 3. Running expenditure 4. Capital expenditure 5. Representation 208, , ,300 50,000 10,000 Sub-Total (1 to 5) 481,540 Contingencies 1 14,460 TOTAL 496,000 The authorising officer responsible is hereby authorised to vary each of the above amounts related to the EUSR s budget of the first semester of 2004 according to exact operational requirements and possibilities and in keeping with sound financial management, while not exceeding the overall amount of the financing decision. 1 Contingencies shall be used only with a prior written approval of the Commission /03 IR/sh 34

35 6.4. Financial precedents Joint Action Council Joint Action 2001/875/CFSP of 10/12/2001 concerning the appointment of a Special Representative of the European Union for Afghanistan (Mr. Klaus Peter Klaiber) Council Joint Action 2002/496/CFSP of 25 June 2002 amending and extending Joint Action 2001/875/CFSP concerning the appointment of the Special Representative of the European Union in Afghanistan (Mr. Fransesc Vendrell) Council Joint Action 2002/961/CFSP of 10/12/2002 amending and extending the mandate of the EUSR for Afghanistan Council Joint Action 2003/448/CFSP of 16/6/2003 extending the mandate of the EUSR for Afghanistan Budget Allocation of year appropriations 2001 None, financed by Council Administrative Budget 2002 None, financed by Council Administrative Budget 2002 None, financed by Council Administrative Budget 2003 None, financed by Council Administrative Budget Commitments None None None None 7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE 7.1 Impact on human resources p.m. 7.2 Overall financial impact of human resources p.m. 7.3 Other administrative expenditure deriving from the action p.m. 8. FOLLOW-UP AND EVALUATION 8.1 Follow-up arrangements The Presidency is responsible for the implementation of the decisions made according to title V of the TEU (Joint Action). According to Art. 4.1 of the Joint Action [2003/./CFSP] of [ ] December 2003, the EUSR shall be responsible for implementing his mandate acting under the authority and operational direction of the High Representative. The EUSR shall be accountable to the Commission for expenditure incurred in respect of his activities /03 IR/sh 35

36 According to Article 4.2 of the said Joint Action, the EUSR shall maintain privileged link with the Political and Security Committee (PSC), which shall provide strategic guidance and political input to the EUSR within the framework of the mandate. According to Article 7 of the said Joint Action, as a rule, the Special Representative will report in person to the High Representative and to the PSC and may report also to the relevant Working Group. Regular written reports will be circulated to the High Representative, Council and Commission. The EUSR may report to the General Affairs and External Relations Council on the recommendation of the HR and the PSC. According to Article 8 of the said Joint Action, to ensure the coherence of EU external action, the activities of the EUSR shall be coordinated with those of the HR, Presidency and the Commission. In the field, close liaison shall be maintained with Presidency, Commission and Heads of Mission as well as with other international actors. According to Article 9 of the said Joint Action, the Special Representative shall present a comprehensive written report on the implementation of the mandate to the High Representative, Council and Commission two months before the mandate expires, which shall form a basis for evaluation of the Joint Action in the relevant working groups and by the PSC. 8.2 Arrangements and schedule for the planned evaluation The Commission may conduct an evaluation of this action in the framework of its budget implementation competence. The Council will conduct a review at the end of the mandate, on the basis of Guidelines in the document Review of Mandates of EUSRs (doc. 6436/03 of 14 February 2003). 9. ANTI-FRAUD MEASURES Controls may be undertaken by the Commission services, including OLAF, as well as by the European Court of Auditors /03 IR/sh 36