02013D0233 — EN — 01.01.2019 — 008.001

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Amended by:









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COUNCIL DECISION 2013/233/CFSP

of 22 May 2013

on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)







Article 1

Mission

The Union hereby establishes a European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya).

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Article 2

Objectives

The objectives of EUBAM Libya shall be to assist the Libyan authorities in the building of state security structures in Libya, in particular in the areas of border management, law enforcement and criminal justice with a view to contributing to efforts to disrupt organised criminal networks involved notably in smuggling migrants, human trafficking and terrorism in Libya and the Central Mediterranean region.

Article 3

Tasks

1. In order to achieve the objectives set out in Article 2, EUBAM Libya shall:

(a) support the development of a broader border management framework, notably through the development of a White Paper on an Integrated Border Management Strategy, including a maritime security strategy, by providing capacity delivery and implementing concrete projects for the Libyan Maritime Law Enforcement Agencies and the Libyan Land Border Agencies while also assessing the possibilities of expanding activities outside of the capital, including on the border with Tunisia and in the south of the country;

(b) support capacity building and strategic planning, including regarding the police, within the Ministry of Interior on law enforcement, including, where feasible, assistance to the United Nations Support Mission in Libya (UNSMIL) in its police capacity building efforts, and support coordination functions among relevant Libyan authorities in fighting organised crime and terrorism;

(c) support institutional reform and provide strategic planning assistance for the Ministry of Justice and provide broader capacity building for relevant criminal justice actors including the Attorney General's Office and the High Judicial Institute;

(d) support strategic coordination between donors and project implementation in response to Libyan needs in the fields of border management, law enforcement and criminal justice.

2. EUBAM Libya shall promote human rights and gender equality through all its activities.

3. EUBAM Libya shall not carry out any executive function.

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Article 4

Chain of command and structure

1. EUBAM Libya shall have a unified chain of command as a crisis management operation.

2. EUBAM Libya shall have its Headquarters in Tripoli.

3. EUBAM Libya shall be structured in accordance with its planning documents.

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Article 5

Civilian Operation Commander

1. The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUBAM Libya.

2. The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and overall authority of the HR, shall exercise command and control of EUBAM Libya at the strategic level.

3. The Civilian Operation Commander shall ensure, with regard to the conduct of operations, the proper and effective implementation of the Council’s decisions as well as the PSC’s decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing the Head of Mission with advice and technical support.

4. The Civilian Operation Commander shall report to the Council through the HR.

5. All seconded staff shall remain under the full command of the national authorities of the seconding State(s) in accordance with national rules, of the Union institution concerned or of the European External Action Service (EEAS). Those authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.

6. The Civilian Operation Commander shall have overall responsibility for ensuring that the Union’s duty of care is properly discharged.

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7. The Civilian Operation Commander, the Head of Union Delegation in Libya and the Head of Mission of EUBAM Libya shall consult each other as required. The European External Action Service Principal Advisor on Gender should also be consulted, where appropriate.

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Article 6

Head of Mission

1. The Head of Mission shall assume responsibility for, and exercise command and control of, EUBAM Libya at theatre level and shall be directly responsible to the Civilian Operation Commander.

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1a. The Head of Mission shall be the representative of EUBAM Libya in its area of responsibility. The Head of Mission may delegate management tasks relating to staff and financial matters to staff members of EUBAM Libya under his/her overall responsibility.

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2. The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EUBAM Libya.

3. The Head of Mission shall issue instructions to all EUBAM Libya staff, including the Brussels Support Element and regional liaison officers, where applicable, for the effective conduct of EUBAM Libya in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.

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5. The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary powers shall be exercised by the national authority in accordance with national rules, by the Union institution concerned or by the EEAS.

6. The Head of Mission shall represent EUBAM Libya in the operations area and shall ensure appropriate visibility of EUBAM Libya.

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7. The Head of Mission shall coordinate, as appropriate, with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the Head of Union Delegation in Libya.

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Article 7

Staff

1. EUBAM Libya shall consist primarily of staff seconded by Member States, Union institutions or the EEAS.

2. Each Member State, Union institution or the EEAS shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances.

3. Each Member State, Union institution and the EEAS shall be responsible for answering any claims linked to the secondment, either from or concerning the member of staff seconded by it, and for bringing any action against that person.

4. EUBAM Libya may also recruit international or local staff on a contractual basis if the functions required cannot be provided by personnel seconded by Member States, Union institutions or the EEAS. Exceptionally, in duly justified cases, where no qualified applicants from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.

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5. The conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts to be concluded between EUBAM Libya and the staff member concerned.

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Article 8

Status of EUBAM Libya and of its staff

The status of EUBAM Libya and its staff, including, where appropriate, the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUBAM Libya, shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union.

Article 9

Political control and strategic direction

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1. The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of EUBAM Libya. The Council hereby authorises the PSC to take the relevant decisions for that purpose in accordance with the third paragraph of Article 38 TEU. That authorisation shall include the powers to appoint a Head of Mission, upon a proposal from the HR, and to amend the planning documents. The powers of decision with respect to the objectives and termination of EUBAM Libya shall remain vested in the Council.

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2. The PSC shall report to the Council at regular intervals.

3. The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their respective areas of responsibility.

Article 10

Participation of third States

1. Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUBAM Libya, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from Libya, and that they contribute to the running costs of EUBAM Libya, as appropriate.

2. Third States contributing to EUBAM Libya shall have the same rights and obligations in terms of the day-to-day management of EUBAM Libya as Member States taking part in EUBAM Libya.

3. The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.

4. Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 TEU and additional technical arrangements as necessary. Where the Union and a third State conclude or have concluded an agreement establishing a framework for the participation of that third State in crisis management operations of the Union, the provisions of that agreement shall apply in the context of EUBAM Libya.

Article 11

Security

1. The Civilian Operation Commander shall, in accordance with Article 5, direct the Head of Mission in planning security measures, and shall ensure their proper and effective implementation by EUBAM Libya.

2. The Head of Mission shall be responsible for the security of EUBAM Libya and for ensuring compliance with minimum security requirements applicable to EUBAM Libya, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V TEU, and its supporting instruments.

3. The Head of Mission shall be assisted by a Senior Mission Security Officer, who shall report to the Head of Mission and also maintain a close working relationship with the EEAS.

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4. EUBAM Libya staff shall undergo mandatory security training before taking up their duties, in accordance with the planning documents. They shall also receive regular in-theatre refresher training organised by the Mission Security Officer.

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5. The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information ( 1 ).

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Article 12

Watch-Keeping Capability

The Watch-Keeping Capability shall be activated for EUBAM Libya.

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Article 12a

Legal arrangements

EUBAM Libya shall have the capacity to procure services and supplies, enter into contracts and administrative arrangements, employ staff, hold bank accounts, acquire and dispose of assets and discharge its liabilities, and to be a party to legal proceedings, as required in order to implement this Decision.

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Article 13

Financial arrangements

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1. The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 May 2013 to 21 May 2014 shall be EUR 30 300 000 .

The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 May 2014 to 21 February 2016 shall be EUR 26 200 000 .

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The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 February 2016 to 21 August 2016 shall be EUR 4 475 000 .

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The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 August 2016 to 30 November 2017 shall be EUR 17 000 000 .

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The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 1 December 2017 to 31 December 2018 shall be EUR 31 200 000,00 .

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The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 1 January 2019 to 30 June 2020 shall be EUR 61 678 576,39 .

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2. All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union. Participation of natural and legal persons in the award of procurement contracts by EUBAM Libya shall be open without limitations. Moreover, no rule of origin for the goods purchased by EUBAM Libya shall apply. Subject to the Commission's approval, the Mission may conclude technical arrangements with Member States, the host State, participating third States and other international actors regarding the provision of equipment, services and premises to EUBAM Libya.

3. EUBAM Libya shall be responsible for the implementation of the Mission's budget. For that purpose, EUBAM Libya shall sign an agreement with the Commission.

4. Without prejudice to the provisions on the status of EUBAM Libya and its personnel, EUBAM Libya shall be responsible for any claims and obligations arising from the implementation of the mandate, starting from 22 May 2015, with the exception of any claims relating to serious misconduct by the Head of Mission, for which the Head of Mission shall bear the responsibility.

5. The implementation of the financial arrangements shall be without prejudice to the chain of command as provided for in Articles 4, 5 and 6 and the operational requirements of EUBAM Libya, including compatibility of equipment and interoperability of its teams.

6. Expenditure shall be eligible as from the date when the agreement referred to in paragraph 3 is signed.

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Article 13a

Project Cell

1. EUBAM Libya shall have a Project Cell for identifying and implementing projects which are consistent with the Mission's objectives and contribute to the mandate's delivery. EUBAM Libya shall, as appropriate, facilitate and provide advice on projects, implemented by Member States and third States, under their responsibility in areas related to EUBAM Libya and in support of its objectives.

2. Subject to paragraph 3, EUBAM Libya shall be authorised to seek recourse to financial contributions from Member States or third States to implement projects identified as supplementing EUBAM Libya's other actions in a consistent manner, if the projects are:

— provided for in the financial statement relating to this Decision, or

— integrated during the mandate by means of an amendment to the financial statement requested by the Head of Mission.

EUBAM Libya shall conclude an arrangement with those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by EUBAM Libya in the use of the funds provided by those States. Under no circumstances may the contributing States hold the Union or the HR liable for acts or omissions by EUBAM Libya in the use of the funds provided by those States.

3. Financial contributions from third States to the Project Cell shall be subject to acceptance by the PSC.

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Article 14

Consistency of the Union’s response and coordination

1. The HR shall ensure the consistency of the implementation of this Decision with the Union’s external action as a whole, including the Union’s development programmes.

2. Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union Delegation in Tripoli to ensure the consistency of Union action in Libya.

3. The Head of Mission shall coordinate closely with Member States’ Heads of Mission present in Libya.

4. The Head of Mission shall coordinate with relevant third parties in Libya.

Article 15

Release of information

1. The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUBAM Libya, EU classified information up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated for the purposes of EUBAM Libya, in accordance with ►M1 Decision 2013/488/EU ◄ .

2. In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level generated for the purposes of EUBAM Libya, in accordance with ►M1 Decision 2013/488/EU ◄ . Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose.

3. The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUBAM Libya and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure ( 2 ).

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4. The HR shall be authorised to release to Europol and Frontex EU classified information generated for the purposes of EUBAM Libya, in accordance with Decision 2013/488/EU.

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5. The HR shall be authorised to release to the UN EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUBAM Libya, in accordance with Decision 2013/488/EU.

6. The HR shall be authorised to release to INTERPOL EU classified information generated for the purposes of EUBAM Libya, in accordance with Decision 2013/488/EU. Pending the conclusion of an agreement between the Union and INTERPOL, EUBAM Libya may release such information to the National Central Bureaux of INTERPOL of the Member States, in accordance with arrangements to be concluded between the Civilian Operation Commander and the Head of the relevant National Central Bureau.

7. The HR shall be authorised to conclude the arrangements necessary to implement the provisions on information exchange in this Article.

8. The HR may delegate the authorisations to release information as well as the ability to conclude the arrangements referred to in this Article to persons placed under the HR's authority, to the Civilian Operation Commander and/or to the Head of Mission.

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Article 16

Entry into force and duration

This Decision shall enter into force on the date of its adoption.

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It shall apply until 30 June 2020.