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27.7.2012 Official
Journal
of
the
European
Union L
200/21
COUNCIL DECISION 2012/440/CFSP
of 25 July 2012
appointing the European Union Special Representative for Human Rights
THE COUNCIL OF THE EUROPEAN UNION,
deepening Union cooperation and political dialogue with
third countries, relevant partners, business, civil society
and international and regional organisations and through
Having regard to the Treaty on European Union, and in
action in relevant international fora;
particular Article 28, Article 31(2) and Article 33 thereof,
(b) enhancing the Union’s contribution to the strengthening of
Having regard to the proposal from the High Representative of
democracy and institution building, the rule of law, good
the Union for Foreign Affairs and Security Policy,
governance, respect for human rights and fundamental
freedoms worldwide;
Whereas:
(c) improving the coherence of Union action on human rights
(1) On
12
December
2011,
the
High
Representative
of
the
and the integration of human rights in all areas of the
European Union for Foreign Affairs and Security Policy
Union’s external action.
(HR) presented, also on behalf of the Commission, a joint
communication to the European Parliament and the
Council entitled ‘Human Rights and Democracy at the
Article 3
heart of EU external action — towards a more effective
Mandate
approach’.
In order to achieve the policy objectives, the mandate of the
EUSR shall be to:
(2)
On 25 June 2012, the Council adopted the EU Strategic
Framework on Human Rights and Democracy and the
EU Action Plan on Human Rights and Democracy.
(a) contribute to the implementation of the Union’s human
rights policy, in particular the EU Strategic Framework on
Human Rights and Democracy and the EU Action Plan on
(3) A
European
Union
Special
Representative
(EUSR)
for
Human Rights and Democracy, including by formulating
Human Rights should therefore be appointed to
recommendations in this regard;
strengthen the effectiveness and the visibility of the
Union’s human rights policy and contribute to the imple
mentation of its objectives, in support of and without
(b) contribute to the implementation of Union guidelines,
prejudice to the role of the HR under the Treaty in
toolkits and action plans on human rights and international
representing the Union for matters relating to the
humanitarian law;
Common Foreign and Security Policy,
(c) enhance dialogue with governments in third countries and
HAS ADOPTED THIS DECISION:
international and regional organisations on human rights as
well as with civil society organisations and other relevant
actors in order to ensure the effectiveness and the visibility
Article 1
of the Union’s human rights policy;
Appointment
Mr Stavros LAMBRINIDIS is hereby appointed as the EUSR for
(d) contribute to better coherence and consistency of the Union
Human Rights until 30 June 2014. The mandate of the EUSR
policies and actions in the area of protection and promotion
may be terminated earlier, if the Council so decides, on a
of human rights notably by providing input to the formu
proposal from the HR.
lation of relevant policies of the Union.
Article 2
Article 4
Policy objectives
Implementation of the mandate
The mandate of the EUSR shall be based on the policy
1. The
EUSR
shall
be
responsible
for
the
implementation
of
objectives of the Union regarding human rights as set out in
the mandate, acting under the authority of the HR.
the Treaty, the Charter of Fundamental Rights of the European
Union as well as the EU Strategic Framework on Human Rights
and Democracy and the EU Action Plan on Human Rights
2. The
Political
and
Security
Committee
(PSC)
shall
maintain
and Democracy:
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
(a) enhancing the Union’s effectiveness, presence and visibility
framework of the mandate, without prejudice to the powers of
in protecting and promoting human rights, notably by
the HR.

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L 200/22
EN
Official Journal of the European Union
27.7.2012
3. The
EUSR
shall
work
in
full
coordination
with
the
Article 8
European External Action Service (EEAS) and its relevant
departments in order to ensure coherence and consistency in
Access to information and logistical support
their respective work in the area of human rights.
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 5
Financing
2. The
Union
delegations
and
the
diplomatic
representations
1. The
financial
reference
amount
intended
to
cover
the of Member States, as appropriate, shall provide logistical
expenditure related to the mandate of the EUSR until 30 June
support to the EUSR.
2013 shall be EUR 712 500.
Article 9
2. The
financial
reference
amount
for
the
subsequent
period
Security
of the EUSR’s mandate shall be decided by the Council.
In accordance with the Union’s policy on the security of
personnel deployed outside the Union in an operational
3. The
expenditure
shall
be
managed
in
accordance
with
the capacity under Title V of the Treaty, the EUSR shall take all
procedures and rules applicable to the general budget of the
reasonably practicable measures, in conformity with the
Union.
mandate and on the basis of the security situation in the
relevant country, for the security of all personnel under the
EUSR’s direct authority, in particular by:
4. The
management
of
the
expenditure
shall
be
subject
to
a
contract between the EUSR and the Commission. The EUSR
(a) establishing a mission-specific security plan based on
shall be accountable to the Commission for all expenditure.
guidance from the EEAS, providing for mission-specific
physical, organisational and procedural security measures
governing the management of the secure movement of
Article 6
personnel to, and within, the mission area and the
Constitution and composition of the team
management of security incidents, and providing for a
contingency plan and a mission evacuation plan;
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
(b) ensuring that all personnel deployed outside the Union are
the expertise on specific policy issues as required by the
covered by high risk insurance, as required by the
mandate. The EUSR shall keep the Council and the Commission
conditions in the mission area;
promptly informed of the composition of the team.
(c) ensuring that all members of the EUSR’s team to be
2.
Member States, the institutions of the Union and the EEAS
deployed outside the Union, including locally contracted
may propose the secondment of staff to work with the EUSR.
personnel, have received appropriate security training
The salary of such seconded personnel shall be covered by the
before or upon arriving in the mission area, based on the
Member State, the institution of the Union concerned or the
risk ratings assigned to the mission area by the EEAS;
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
(d) ensuring that all agreed recommendations made following
a Member State.
regular security assessments are implemented, and providing
the 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
3. All
seconded
personnel
shall
remain
under
the
adminis
implementation reports.
trative authority of the sending Member State, the sending insti
tution of the Union or the EEAS and shall carry out their duties
and act in the interest of the mandate of the EUSR.
Article 10
Reporting
Article 7
The EUSR shall regularly provide the HR and the PSC with oral
Security of EU classified information
and written reports. The EUSR shall also report to the
competent Council working parties, in particular the Working
The EUSR and the members of the EUSR’s team shall respect
Party on Human Rights, as necessary. Regular written reports
the security principles and minimum standards established by
shall be circulated through the COREU network. Upon recom
Council Decision 2011/292/EU of 31 March 2011 on the
mendation of the HR or the PSC, the EUSR may provide the
security rules for protecting EU classified information ( 1 ).
Foreign Affairs Council with reports. In accordance with
Article 36 of the Treaty, the EUSR may be involved in
( 1 ) OJ L 141, 27.5.2011, p. 17.
briefing the European Parliament.

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EN
27.7.2012 Official
Journal
of
the
European
Union L
200/23
Article 11
Article 12
Coordination
Review
1. The
EUSR
shall
contribute
to
the
unity,
consistency
and
The implementation of this Decision and its consistency with
effectiveness of the Union’s action and shall help ensure that all
other contributions from the Union in this domain shall be kept
Union instruments and Member States’ actions are engaged
under regular review. The EUSR shall present the HR, the
consistently, to attain the Union’s policy objectives. The EUSR
Council and the Commission with a six-monthly progress
shall work in coordination with the Member States and the
report and with a comprehensive implementation report on
Commission, as well as other European Union Special Represen
the mandate at the end thereof.
tatives, as appropriate. The EUSR shall provide regular briefings
to Member States’ missions and Union delegations.
Article 13
2. In
the
field,
close
liaison
shall
be
maintained
with
the
Entry into force
Heads of Union delegations, Member States’ Heads of Mission,
as well as with Heads or Commanders of Common Security and
This Decision shall enter into force on the day of its adoption.
Defence Policy missions and operations and other European
Union Special Representatives as appropriate, who shall make
every effort to assist the EUSR in the implementation of the
mandate.
Done at Brussels, 25 July 2012.
3. The
EUSR
shall
also
liaise
and
seek
complementarity
and
synergies with other international and regional actors at Head
For the Council
quarters level and in the field. The EUSR shall seek regular
contacts with civil society organisations both at Headquarters
The President
and in the field.
A. D. MAVROYIANNIS

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