HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
26.6.2012 Official
Journal
of
the
European
Union L
165/49
COUNCIL DECISION 2012/325/CFSP
of 25 June 2012
extending the mandate of the European Union Special Representative for Sudan and South Sudan
THE COUNCIL OF THE EUROPEAN UNION,
coexistence between Sudan and South Sudan based on the
principle of two viable, peaceful, and prosperous States. The
Union’s policy objectives include actively contributing to the
Having regard to the Treaty on European Union, and in
resolution of outstanding Comprehensive Peace Agreement
particular Article 28, Article 31(2) and Article 33 thereof,
(CPA) and post-CPA issues and helping the parties to
implement what has been agreed; supporting efforts to
stabilise the volatile north-south border area; promoting insti
Having regard to the proposal from the High Representative of
tution building and fostering stability, security and development
the Union for Foreign Affairs and Security Policy,
in South Sudan; facilitating a political solution to the conflict in
Darfur; promoting efforts to resolve the conflict in Southern
Kordofan and Blue Nile states; promoting democratic
Whereas:
governance, accountability and respect for human rights,
including cooperation with the International Criminal Court;
stepping up engagement in East Sudan; and improving humani
(1) On
11
August
2010,
the
Council
adopted
Decision tarian access throughout Sudan and South Sudan.
2010/450/CFSP ( 1 ) appointing Mrs Rosalind MARSDEN
as the European Union Special Representative (EUSR)
for Sudan.
In addition, the mandate of the EUSR shall be based on the
Union’s policy objective to contribute to the mitigation and
(2) On
1
August
2011,
the
Council
adopted
Decision elimination of threats to the stability of South Sudan and the
2011/499/CFSP ( 2 ) which modified the mandate and
wider region posed by the Lord’s Resistance Army (LRA).
the title of the EUSR in view of the declaration of inde
pendence by South Sudan. The EUSR’s mandate is to
expire on 30 June 2012.
Article 3
(3) The
mandate
of
the
EUSR
should
be
extended
for
a
Mandate
further period of 12 months.
In order to achieve the policy objectives, the EUSR’s mandate
shall be to:
(4) 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
(a) liaise with the Government of Sudan, the Government of
action as set out in Article 21 of the Treaty,
South Sudan, Sudanese and South Sudanese political
parties, the armed and rebel movements in Sudan and
South Sudan, as well as civil society and non-governmental
HAS ADOPTED THIS DECISION:
organisations, with the aim of pursuing the Union’s policy
objectives;
Article 1
European Union Special Representative
(b) maintain close cooperation with the UN, including the UN
The mandate of Mrs Rosalind MARSDEN as the EUSR for Sudan
Mission in South Sudan (Unmiss), the UN Interim Security
and South Sudan is hereby extended until 30 June 2013. The
Force for Abyei (UNISFA) and the UN Special Envoy, the
mandate of the EUSR may be terminated earlier, if the Council
AU and in particular the AU High-Level Implementation
so decides, on a proposal from the High Representative of the
Panel for Sudan (AUHIP), the AU/UN hybrid operation in
Union for Foreign Affairs and Security Policy (HR).
Darfur (Unamid), the League of Arab States (LAS), the
Inter-Governmental Agency for Development (IGAD), and
other leading regional and international stakeholders;
Article 2
Policy objectives
(c) represent the Union and promote its policy objectives and
The mandate of the EUSR shall be based on the policy
positions in international and public fora, as appropriate;
objectives of the Union in relation to Sudan and South
Sudan, working with their Governments, the African Union
(AU) and the United Nations (UN) and other national,
regional and international stakeholders, to achieve a peaceful
(d) contribute to furthering the coherence and effectiveness of
Union policy towards Sudan and South Sudan while
( 1 ) OJ L 211, 12.8.2010, p. 42.
promoting a consistent international approach towards
( 2 ) OJ L 206, 11.8.2011, p. 50.
the two countries;

---

L 165/50
EN
Official Journal of the European Union
26.6.2012
(e) contribute to international mediation efforts led by AUHIP
Article 4
to facilitate agreement between Sudan and South Sudan on
outstanding post-CPA issues and to find an inclusive
Implementation of the mandate
political solution to the ongoing conflict in Southern
1. The
EUSR
shall
be
responsible
for
the
implementation
of
Kordofan and Blue Nile states;
the mandate, acting under the authority of the HR.
(f) support the implementation of issues agreed under the CPA
2. The
Political
and
Security
Committee
(PSC)
shall
maintain
and eventual implementation of agreements on post-CPA
a privileged link with the EUSR and shall be the EUSR’s primary
issues;
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
(g) promote institution-building inside South Sudan;
the HR.
3. The
EUSR
shall
work
in
close
coordination
with
the
EEAS
(h) contribute to international efforts to facilitate a compre
and its relevant departments.
hensive, inclusive and durable peace agreement for Darfur
and to promote the implementation of the Doha
Document, working closely with the UN, the AU, the
Government of Qatar and other international stakeholders,
Article 5
as appropriate;
Financing
1. The
financial
reference
amount
intended
to
cover
the
expenditure related to the mandate of the EUSR for
(i) promote
respect
for
human
rights
by
maintaining
regular
the period from 1 July 2012 to 30 June 2013 shall be
contacts with the relevant authorities in Sudan and South
EUR 1 900 000.
Sudan, the Office of the Prosecutor of the International
Criminal Court, the Office of the High Commissioner for
Human Rights and the human rights observers active in the
region;
2. The
expenditure
shall
be
managed
in
accordance
with
the
procedures and rules applicable to the general budget of the
Union.
(j) contribute to the implementation of the Union’s human
rights policy, including the EU Guidelines on human
3. The
management
of
the
expenditure
shall
be
subject
to
a
rights, in particular the EU Guidelines on children and
contract between the EUSR and the Commission. The EUSR
armed conflict as well as on violence against women and
shall be accountable to the Commission for all expenditure.
girls and combating all forms of discrimination against
them, and the Union policy regarding UN Security
Council Resolution 1325 (2000) on women, peace and
security, including by monitoring and reporting on devel
Article 6
opments as well as formulating recommendations in this
Constitution and composition of the team
regard;
1. Within the limits of the EUSR’s mandate and the
corresponding financial means made available, the EUSR shall
be responsible for constituting a team. The team shall include
(k) contribute to the implementation of a comprehensive
the expertise on specific policy and security issues as required
Union approach to Sudan and South Sudan as agreed by
by the mandate. The EUSR shall keep the Council and the
the Foreign Affairs Council on 20 June 2011;
Commission promptly informed of the composition of the
team.
(l) contribute,
in
close
cooperation
with
the
European
External
Action Service (EEAS), to Union engagement with all
2. Member States, institutions of the Union and the EEAS
relevant stakeholders to support efforts to mitigate and
may propose the secondment of staff to work with the EUSR.
eliminate the threat to civilians and stability in South
The salary of such seconded personnel shall be covered by the
Sudan and the wider region posed by the LRA;
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
(m) follow up and report on compliance by the Sudanese and
EUSR. International contracted staff shall have the nationality of
South Sudanese parties with the relevant UN Security
a Member State.
Council Resolutions, in particular 1556 (2004), 1564
(2004), 1590 (2005), 1591 (2005), 1593 (2005), 1612
(2005), 1663 (2006), 1672 (2006), 1679 (2006), 1769
3. All
seconded
personnel
shall
remain
under
the
adminis
(2007), 1778 (2007), 1881 (2009), 1882 (2009), 1891
trative authority of the sending Member State, the sending insti
(2009), 1919 (2010), 1990 (2011), 1996 (2011), 2024
tution of the Union or the EEAS and shall carry out their duties
(2011), 2046 (2012).
and act in the interest of the mandate of the EUSR.

---

EN
26.6.2012 Official
Journal
of
the
European
Union L
165/51
Article 7
(d) ensuring that all agreed recommendations made following
regular security assessments are implemented, and providing
Privileges and immunities of the EUSR and the staff of the
the Council, the HR and the Commission with written
EUSR
reports on their implementation and on other security
The privileges, immunities and further guarantees necessary for
issues within the framework of the progress report and
the completion and smooth functioning of the mission of the
the report on the implementation of the mandate.
EUSR and the members of the EUSR’s staff shall be agreed with
the host country/countries, as appropriate. Member States and
the Commission shall grant all necessary support to such effect.
Article 11
Reporting
Article 8
1.
The EUSR shall regularly provide the HR and the PSC with
Security of EU classified information
oral and written reports. The EUSR shall also report to Council
The EUSR and the members of the EUSR’s team shall respect
working parties as necessary. Regular written reports shall be
the security principles and minimum standards established by
circulated through the COREU network. Upon recommendation
Council Decision 2011/292/EU of 31 March 2011 on the
of the HR or the PSC, the EUSR may provide the Foreign Affairs
security rules for protecting EU classified information (
Council with reports.

1 ).
Article 9
2. The
EUSR
shall
regularly
report
to
the
PSC
on
the
Access to information and logistical support
situation in Darfur and on the situation in Sudan and South
Sudan.
1. Member States, the Commission, the EEAS and the
General Secretariat of the Council shall ensure that the EUSR
is given access to any relevant information.
Article 12
Coordination
2. The
Union
delegations
and/or
the
Member
States,
as
appropriate, shall provide logistical support in the region.
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
Article 10
consistently, to attain the Union’s policy objectives. The
activities of the EUSR shall be coordinated with those of the
Security
Commission, as well as those of other EUSRs active in the
In accordance with the Union’s policy on the security of
region. The EUSR shall provide Member States’ missions and
personnel deployed outside the Union in an operational
Union delegations in the region with regular briefings.
capacity under Title V of the Treaty, the EUSR shall take all
reasonably practicable measures, in conformity with the EUSR’s
mandate and the security situation in the geographical area of
responsibility, for the security of all personnel under the EUSR’s
2. In the field, close liaison shall be maintained with the
direct authority, in particular by:
Heads of Union delegations, including in Khartoum, Juba,
Addis Ababa and New York and with Member States’ Heads
of Mission. They shall make every effort to assist the EUSR in
(a) establishing a mission-specific security plan based on
the implementation of the mandate. The EUSR shall also liaise
guidance from the EEAS, including mission-specific
with other international and regional actors in the field.
physical, organisational and procedural security measures,
governing the management of the secure movement of
personnel to, and within, the mission area, as well as the
3. The
EUSR,
in
close
coordination
with
the
Head
of
Union
management of security incidents and including a mission
delegation in Juba, shall provide local political guidance to the
contingency and evacuation plan;
Head of Mission of EUAVSEC-South Sudan. The EUSR and the
Civilian Operation Commander shall consult each other as
required.
(b) ensuring that all personnel deployed outside the Union are
covered by high risk insurance as required by the conditions
in the mission area;
Article 13
(c) ensuring that all members of the EUSR’s team to be
Review
deployed outside the Union, including locally contracted
The implementation of this Decision and its consistency with
personnel, have received appropriate security training
other contributions from the Union to the region shall be kept
before or upon arriving in the mission area, based on the
under regular review. The EUSR shall present the Council, the
risk ratings assigned to the mission area by the EEAS;
HR and the Commission with a progress report by the end of
December 2012 and a comprehensive mandate implementation
( 1 ) OJ L 141, 27.5.2011, p. 17.
report at the end of the mandate.

---

L 165/52
EN
Official Journal of the European Union
26.6.2012
Article 14
Entry into force
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 25 June 2012.
For the Council
The President
C. ASHTON

---

Document Outline

• �

---