2002E0210—EN—27.02.2003—001.001—1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL JOINT ACTION
of 11 March 2002
on the European Union Police Mission
(2002/210/CFSP)
(OJL70,13.3.2002,p.1)
Amendedby:
OfficialJournal
No page date
►M1CouncilJointAction2003/141/CFSPof27February2003 L53 63 28.2.2003
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COUNCIL JOINT ACTION
of 11 March 2002
on the European Union Police Mission
(2002/210/CFSP)
THECOUNCILOFTHEEUROPEANUNION,
Having regard to the Treaty on European Union and, in particular,
Article14thereof,
Whereas:
(1)On 18 February 2002, the Council announced the readiness of
the European Union to ensure, by 1 January 2003, the follow-ontotheUnitedNationsInternationalPoliceTaskForce(IPTF)inBosniaandHerzegovina(BiH).
(2)In line with the general objectives of Annex 11 of the Dayton/
Paris Agreement, the European Union Police Mission (EUPM)
should establish sustainable policing arrangements under BiHownership in accordance with best European and internationalpractice, and thereby raising current BiH police standards. TheEUPM, entrusted with the necessary authority to monitor,mentorandinspect,shouldachieveitsgoalsbytheendof2005.
(3)Initsconclusionsof18February2002theCouncilalsodecidedthat in order to ensure a successful follow-up to the UN IPTF,the Union's aimshould be a broad approach with activitiesaddressing the whole range of Rule of Law aspects, includinginstitution building programmes and police activities which
should be mutually supportive and reinforcing. The EUPM,
supported by the Community's institution building programmesunder the CARDS Regulation, should contribute to the overallpeace implementation in Bosnia and Herzegovina as well as tothe achievements of the Union's overall policy in the region,notablytheStabilisationandAssociationProcess.
(4)The Union should continue to coordinate with the UN and toconsult withrelevant organisations, in particular NATOandtheOSCE.
(5)Following the Peace Implementation Council Steering Boardacceptance on 28 February 2002 of the Union offer concerning
EUPM, the UN Security Council Resolution 1396 (2002) on 5
March 2002 welcoming the Union's readiness to ensure thefollow-ontotheIPTF.
(6)On 4 March 2002, the authorities of Bosnia and Herzegovinainvited the Union to assume responsibility for the follow-on tothe United Nations police mission. An agreement will need to
be concluded to this end between the authorities of Bosnia and
HerzegovinaandtheUnion.
(7)InordertopreparetheEUPMaPlanningTeamshouldbeestab-lished.
(8)On 18 February 2002, the Council expressed its willingness toappoint the next High Representative in BiH as the EU Special
RepresentativeinBiH(EUSR).
(9)The Political and Security Committee should exercise political
control of and provide strategic direction to the EUPM andshould be informed on a regular basis on all aspects of themission,includingthroughbriefingsbytheEUSRandtheHead
ofMission/PoliceCommissionerasnecessary.
(10)Acknowledging the valuable contributions other States have
made to IPTF, non-EU States are invited to contribute to anEUPM in BiH. In the first instance non-EU European NATOmembersandotherStateswhicharecandidates foraccessiontothe Union as well as other non-EU OSCE Member States,2002E0210—EN—27.02.2003—001.001—2
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currentlyprovidingstafftoIPTFareinvitedtocontributetothe
EUPM.
(11)On 18 February 2002, the Council agreed the financing of the
EUPMassetoutinAnnexIVofitsConclusions.
(12)Article14(1)oftheTreatyonEuropeanUnioncallsfortheindi-
cation of a financial reference amount for the whole period ofimplementation of the Joint Action. The indication of amountsto be financed by the Community budget illustrates the will ofthe legislative authority and is subject to the availability ofcommitmentappropriationsduringtherespectivebudgetyear,
HASADOPTEDTHISJOINTACTION:
Article 1
Mission
1. TheEuropeanUnionherebyestablishesaEuropeanUnionPolice
Mission(EUPM)inordertoensurethefollow-ontotheUnitedNations
International Police Task Force (IPTF) in Bosnia and Herzegovina(BiH)asfrom1January2003.BeforethatdateandinordertopreparetheEUPMaPlanningTeamshallbeestablishednotlaterthan1April2002andshallbeoperationaluntil31December2002.
2. The EUPM shall operate in accordance with the objectives and
other provisions as contained in the mission statement set out in theAnnexhereto.
Article 2
Planning
1. The Planning Teamshall com prise a Police Head of Mission/
Head ofthe PlanningTeamandthe necessary stafftodeal withfunc-tionsensuingfromtheneedsofthemission.
2. TheGeneralSecretariatoftheCouncilshalldrawuptheConcept
of Operations (CONOPS) with the assistance of the Police Head of
Mission/Head of the Planning Team. The Planning Team shall subse-quently draw up the Operation Plan (OPLAN) and develop alltechnical instruments necessary to execute the EUPM. The CouncilshallapprovetheCONOPSandtheOPLAN.
3. The Planning Teamshall work in close cooperation with the
IPTF.
4. Asfrom1January2003,thePoliceHeadofMission/Headofthe
Planning Team will become Head of Mission/Police Commissioner assetoutinArticle4.
Article 3
Structures
TheEUPMshallinprinciplebestructuredasfollows:
(a) main headquarters in Sarajevo, composed of the Head of the
Mission/Police Commissioner and staff as defined in the OPLAN.PartofthisstaffshallconsistofavariablenumberofLiaisonOffi-cers to work with other international organisations on the ground.
Such officers shall be deployed by the Head of the EUPM as
necessary;
(b) aninitialtotalof24monitoringunitsco-locatedwithinthevarious
Bosnia and Herzegovina Police structures at medium-high level,including within Entities, Public Security Centres, Cantons, StateIntelligence Protection Agency, State Border Services and withintheBrckodistrict.2002E0210—EN—27.02.2003—001.001—3
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Article 4
Head of Mission/Police Commissioner
1. The Council, upon a proposal by the Secretary-General, High
Representative fortheCommonForeignandSecurityPolicy(SG/HR),shall appoint a Head of Mission/Police Commissioner. The Head ofMission/Police Commissioner shall exercise operational command
overtheEUPMandassumetheday-to-daymanagement oftheEUPM
operations.
2. TheHeadofMission/PoliceCommissionershallberecruitedona
contractualbasis.
3. Allpoliceofficersremainunderfullcommandoftheappropriate
national authority. National authorities will transfer OperationalCommand(OPCOM)totheHeadoftheEUPM.
4. The Head of Mission/Police Commissioner shall be responsible
for disciplinary control over the personnel. For seconded personnel,
disciplinaryactionshallbeexercisedbythenationalorUnionauthority
concerned.
Article 5
Staff
1. ThenumbersandcompetenceoftheEUPMstaffshallbeconsis-
tent with the objectives and structure set out in Article 3 and in themissionstatementsetoutatAnnex.
2. Police officers shall be seconded by Member States. The
minimum period of secondment should be one year. Each Member
State shall bear the costsrelated to the police officers seconded byit,includingsalaries,allowancesandtravelexpensestoandfromBiH.
3. International civilian staff and local staff shall be recruited on a
contractualbasisbytheEUPMasrequired.
4. MemberStatesorCommunityinstitutionsmayalsosecondinter-
national civilian staff if required for a minimum period of one year.Each Member State or Community institution shall bear the costsrelatedtoanyofthestaffsecondedbyit,includingsalaries,allowancesandtravelexpensestoandfromBiH.
Article 6
Position of the Special Representative in the unified chain of
command
The position in the unified chain of command of the European Union
Special Representative (EUSR),appointed bya separate Council Joint
Action,issetoutinArticle7.
Article 7
Chain of command
ThestructureoftheEUPMaspartofthebroaderUnionRuleofLaw
follow-up in BiH shall have a unified chain of command, as a crisismanagementoperation.
WithoutprejudicetotherelevantprovisionsoftheDayton/ParisAgree-
mentanditsannexes:
— theEUSRshallreporttotheCouncilthroughtheSG/HR,
— the Political and Security Committee shall provide the political
controlandstrategicdirection,
— theHeadofMission/PoliceCommissionershallleadtheEUPMand
assumeitsday-to-daymanagement,
— the Head of Mission/Police Commissioner shall report to the SG/
HRthroughtheEUSR,
— the SG/HR shall give guidance to the Head of Mission/Police
CommissionerthroughtheEUSR.2002E0210—EN—27.02.2003—001.001—4
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Article 8
Participation of Third States
1. Withoutprejudicetothedecision-makingautonomyoftheUnion
andthesingleinstitutionalframeworkoftheUnion,non-EUEuropeanNATOmembersandotherStateswhicharecandidatesforaccessiontothe European Union as well as other non-EU OSCE Member States,
currently providing staff to IPTF, are invited to contribute to the
EUPM onthe basis that they bear the cost of sending the police offi-cersand/ortheinternational civilianstaffsecondedbythem,includingsalaries, allowances and travel expenses to and fromBiH, and contri-butetotherunningcostsoftheEUPMasappropriate.
2. Third States making significant contributions to the EUPM shall
have the same rights and obligations in terms of day-to-day manage-
ment of the operation as EU Member States taking part in the
operation.
3. Detailed arrangements regarding theparticipation ofThirdStates
shall besubject toagreements pursuant toArticle 24ofthe Treaty onEuropeanUnion.
Article 9
Financial arrangements
1. ThecostsfortheimplementationofthisJointActionshallbe:
(a) EUR 14 million for start-up costs (including equipment and the
Planning Team) for 2002, to be financed out of the Communitybudget;
(b) EUR1,7millionforstart-upcosts(includingequipment)for2003,
tobefinancedoutoftheCommunitybudget;
(c) uptoEUR38millionforyearlyrunningcostsfortheyears2003to
2005,dividedupasfollows:
(i) uptoEUR17millionforperdiemdependingonthedailyrate
set and EUR 1 million for travel costs, which pursuant to
Article 5(2) shall be charged on a costs ‘lie where they fall’
basis;
(ii) the remainder of EUR 20 million (EUR 11 million for opera-
tional running costs, EUR 4 million for local staff, EUR 5
million for international civilian staff) to be financed incommonoutoftheCommunitybudget.
The final budget for the years 2003 to 2005 shall be decided by the
Councilonanannualbasis.
2. Shouldfinancing ofthe costsreferred toinparagraph 1(c)(ii) on
thebasisoftheCommunitybudgetnotbesufficient,theCouncilshalldecide, in accordance with the provisions of the Treaty on European
Union, how to cover any remaining gap, which shall consist of
commoncosts.
3. As regards expenditure financed out of the Community budget,
thefollowingshallapply:
(a) expenditure shall be managed in accordance with the Community
rules and procedures applicable to the budget. Procurement shallbeundertakeninaccordancewithappropriateproceduresnecessaryto execute the EUPM,notably with regard to time constraints andtoallownationalsofthirdStatestotenderforcontracts;
(b) the Head of the Planning Team/Police Commissioner shall report
fully to, and be supervised by, the Commission on the activitiesundertakenintheframeworkofhiscontract.
4. The financial arrangements shall respect the operational require-
ments of EUPM, including compatibility of equipment andinteroperabilityofitsteams.2002E0210—EN—27.02.2003—001.001—5
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Article 10
Community action
1. The Council notes the intention of the Commission to direct its
action towards achieving the objectives of this Joint Action, where
appropriate,byrelevantCommunitymeasures.
2. TheCouncilalsonotesthatcoordinationarrangementsinBrussels
andSarajevoarerequired.
Article 11
Status of staff of EUPM
1. ThestatusofEUPMstaffinBiH,includingwhereappropriatethe
privileges,immunitiesandfurtherguaranteesnecessaryforthecomple-tion and smooth functioning of the EUPM shall be agreed inaccordance with the procedure laid down in Article 24 of the TreatyonEuropeanUnion.
2. The State or Community institution having seconded a staff
member shall be responsible for answering any claims linked to the
secondment, from or concerning the staff member. The State orCommunity institution in question shall be responsible for bringinganyactionagainstthesecondee.
Article 12
Entry into force and duration
ThisJointActionshallenterintoforceonthedateofitsadoption.Itshallapplyuntil31December2005.
Article 13
Publication
ThisJointActionshallbepublishedintheOfficialJournal.2002E0210—EN—27.02.2003—001.001—6
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ANNEX
MISSION STATEMENT FOR EUPM
ThefollowingoutlinestheMissionStatementfortheEUPMthatwillfollow-on
UN IPTF as a part of the Union overall support to the Rule of Law sector in
BiH.
I.Political/Strategic level
1. ThemissionstatementoftheEUPMincludes:
2. The EUPM, supported by the Commission's institution building
programmes, should, as part of a broader rule of law approach, aim, in
line withthe general objectives ofAnnex11 ofthe DaytonAgreement,
to establish sustainable policing arrangements under BiH ownership in
accordance with best European and international practice, and thereby
raising current BiH police standards. To do so, this three-year EUPM
should be entrusted withthe necessary authority and concentrate on the
followinggoals:
— to preserve, through continuity with the achievements of the IPTF
mission,theexistinglevelsofinstitutionalandpersonalproficiency;
— to enhance, through monitoring, mentoring and inspecting, police
managerial and operational capacities; to this end, to focus on dele-
gation of power and quality-oriented management principles as well
asimprovingoperationalplanningcapacitybasedonanalysis;
— to strengthen professionalismat high level within the m inistries as
well as at senior police officers levels through advisory and inspec-
tionfunctions;
— and to monitor the exercise of appropriate political control over the
police.
3. The missionwill notinclude executive powersorthedeployment ofan
armedcomponent.
II.Objectives at operational level
4. The EUPM, entrusted with the necessary authority to monitor, mentor
and inspect, and working as an integral part of the broader rule of law
approach, should achieve the goals set out above by the end of 2005,
byensuringthattheBiHpoliceserviceswill:
— actinaprofessionalmannerandinaccordancewithrelevantlegisla-
tionandregulations;
— be free of political interference, and led by an apolitical, qualified
andaccountablepersonnel;
— possesstheintegrity,knowledgeandmeanstoperformtheirdutiesin
atransparentandobjectivemanner;
— at ministries and senior police officers level adopt a professional
culturebasedonafair,transparentandaccountableinternalmanage-
ment system including the exercise of internal controls and
disciplinaryproceduresofthehigheststandard;
— ensure management practices be carried out through fair and impar-
tial personnel policies for recruitment, training, specialisation,
promotion,anddiscipline;
— be based on a transparent structure that takes into consideration the
multipleethniccompositionofthesocietyandthatcandealsatisfac-
torilywithgenderrelatedissues;
— effectivelymanagepersonnelandresourceswithinanaffordableand
appropriateinstitutionalframework;
— standardisedatarecordingandanalysissystemstofacilitateinforma-
tionsharingforoperational planningandinvestigations, withaview
topromotingaBiH-widecrimestatisticssystem;
— developpolicecooperationamongallBiHpoliceforces,includingat
inter-entity, inter-canton levels (building up of structures for coordi-
nation,exchangeofinformationandconfidencebuilding);
— undertake criminal investigations of corruption cases regardless of
politicalimplications;
— becapable ofinvestigatingandcounteringthefullrangeofcriminal
activities, includingorganisedcrimeandterrorismwithaStatelevel
capability forming an effective part of the administration of justice,
cooperating closely with the prosecution and operating within a
reformedcriminaljusticesystem;2002E0210—EN—27.02.2003—001.001—7
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— develop, in close cooperation with the Multinational Stabilisation
Force(SFOR),specialisedinformationsharinginsupportofthestate
levelcapabilityandotherappropriateauthorities;
— possess capacity to respond to public disorder in accordance with
modernpolicestandardsandwithoutpoliticalorethnicbias;
— enter into constructive cooperation with police services of neigh-
bouringStates(SAPStates)andEUMemberStates.
III.Methodology
5. ItshouldbenotedthattheeffectivenessofaEUPMpursuingamanage-
mentapproachwilldirectlydependontheexpertiseofthepersonneland
abilitytoretaincontinuityandinstitutionalmemory.Forthispurpose,it
is strongly recommended that qualified personnel is identified and each
secondedforaminimumofoneyear.
6. In order to achieve the abovementioned objectives by the end of 2005,
theEUPMshould:
— co-locate the international police alongside Commanders at the
various Entities, Public Security Centres (PSCs), Cantons, Brcko
district,StateIntelligenceProtectionAgency(SIPA)andStateBorder
Service(SBS)atmediumandseniorlevelsoftheBiHPolice;
— be able to remove from offices non compliant officers, through a
recommendationbytheEUpoliceCommissionertotheHighRepre-
sentative;
— coordinatewiththeOfficeoftheHighRepresentativeinthefurther-
anceoftheInternationalCommunityoverallobjectivesinthefieldof
the rule of the law, as well as with other organisations within the
internationalcommunity,asappropriate;
— liaise with SFOR on public security issues including for ensuring
SFORsupport in extremis.2002E0210—EN—27.02.2003—001.001—8