2003E0681 — EN — 01.01.2004 — 001.001 — 1
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►B COUNCIL JOINT ACTION 2003/681/CFSP
of 29 September 2003
on the European Union Police Mission in the Former Yugoslav Republic of Macedonia (EUPOL
‘Proxima’)
(OJ L 249, 1.10.2003, p. 66)
Amended by:
Official Journal
No page date
►M1Council Joint Action 2004/87/CFSP of 26 January 2004 L 21 31 28.1.2004
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COUNCIL JOINT ACTION 2003/681/CFSP
of 29 September 2003
on the European Union Police Mission in the Former Yugoslav
Republic of Macedonia (EUPOL ‘Proxima’)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particularArticle 14, Article 25, third paragraph, Article 26 and Article 28(3)
thereof,
Whereas:
(1)Pursuant to the Ohrid Framework Agreement, the Union's contri-
bution is based upon a broad approachwithactivities to address
the whole range of rule of law aspects, including institutionbuilding programmes and police activities which should bemutually supportive and reinforcing. The activities of the Union,supported, inter alia , by the Community's institution building
programmes under the CARDS Regulation, will contribute to
the overall peace implementation in the Former Yugoslav
Republic of Macedonia as well as to the achievements of theUnion's overall policy in the region, notably the stabilisationand association process.
(2)The Union appointed a European Union Special Representative(EUSR) to contribute to the consolidation of the peaceful poli-tical process and the full implementation of the OhridFramework Agreement, to help to ensure the coherence of the
EU external action and to ensure coordination of the interna-
tional community's efforts to help in the implementation andsustainability of the provisions of that Framework Agreement.
(3)The UN Security Council Resolution 1371 (2001) adopted on 26
September 2001 welcomes the Framework Agreement and
supports its full implementation by the efforts of, inter alia ,t he
EU.
(4)In the interest of preserving and building upon the significantresults achieved in the Former Yugoslav Republic of Macedoniathrough a considerable commitment of EU political effort andresources, the EU is to enhance its role in policing to furthercontribute to a stable secure environment to allow the Former
Yugoslav Republic of Macedonia government to implement the
Ohrid framework agreement.
(5)The current security situation in the Former Yugoslav Republic
of Macedonia is stable but may deteriorate withpotentially
serious repercussions on international security. A commitmentof EU political effort and resources will help to embed stabilityin the region.
(6)On 16 September 2003, the authorities of the Former YugoslavRepublic of Macedonia invited the EU to assume responsibilityfor an enhanced role in policing and the deployment of an EUPolice Mission (EUPOL ‘Proxima’). An agreement will need tobe concluded to this end between the authorities of the Former
Yugoslav Republic of Macedonia and the EU.
(7)Operations EUPOL ‘Proxima’ and Concordia must be considered
as separate operations, subject to separate decisions.
(8)The Political and Security Committee should exercise politicalcontrol of and provide strategic direction to EUPOL ‘Proxima’,including the planning team, and take the relevant decisions in
accordance with Article 25, third subparagraph of the Treaty on
the European Union (TEU). The Political and SecurityCommittee (PSC) should be informed on a regular basis on allaspects of the mission, including through briefings by theEUSR and the Head of Mission/Police Commissioner as neces-sary.2003E0681 — EN — 01.01.2004 — 001.001 — 2
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(9)In conformity with the guidelines of the European Council
meeting at Nice on 7 to 9 December 2000, this Joint Action
should determine the role of the Secretary-General/High Repre-sentative (SG/HR) in accordance withArticles 18 and 26 of th eTEU in the implementation of measures falling within the poli-tical control and strategic direction exercised by the PSC, inaccordance withArticle 25 of th e TEU.
(10)Third States should participate in the operation in accordance
with the guidelines laid down by the European Council at Nice.
(11)Article 14(1) of the TEU calls for the indication of a financial
reference amount for the whole period of implementation of theJoint Action; the indication of amounts to be financed by theCommunity budget illustrates the will of the legislative authorityand is subject to the availability of commitment appropriations
during the respective budget year,
HAS ADOPTED THIS JOINT ACTION:
Article 1
Mission
1. The European Union hereby establishes a European Union Police
Mission (EUPOL ‘Proxima’) comprised of a planning team to be estab-lished not later than 1 October and an operational phase starting from15 December 2003 at the latest.
2. EUPOL ‘Proxima’ shall operate in accordance with the objectives
and other provisions as contained in the mission statement set out inArticle 3.
Article 2
Planning phase
1. During the planning phase, the Planning Team shall comprise a
Police Head of Mission/Head of the Planning Team and the necessarystaff to deal with functions ensuing from the needs of the mission.
2. A comprehensive risk assessment will be carried out as a priority
in the planning process and may be updated as necessary.
3. The General Secretariat of the Council shall elaborate the
Concept of Operations (CONOPS) with the assistance of the Police
Head of Mission/Head of the Planning Team. The Planning Team shall
subsequently draw up the Operation Plan (OPLAN) and develop alltechnical instruments necessary to execute EUPOL ‘Proxima’.CONOPS and OPLAN will take into account the comprehensive riskassessment. The Council shall approve the CONOPS and the OPLAN.
4. The Planning Team shall work in close cooperation with the
OSCE.
5. As from 15 December 2003, the Police Head of Mission/Head of
the Planning Team shall become Head of Mission/Police Commissioneras set out in Article 5.
Article 3
Mission statement
EUPOL ‘Proxima’, in line with the objectives of the Ohrid Agreement,
in strong partnership with the relevant authorities, and within a broader
rule of law perspective shall, in full coordination and complementaritywithCommunity institution building as well as OSCE and bilateralprogrammes, support, including through monitoring and mentoring, asappropriate:
— the consolidation of law and order, including the fight against orga-
nised crime, focussing on the sensitive areas,2003E0681 — EN — 01.01.2004 — 001.001 — 3
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— the practical implementation of the comprehensive reform of the
Minister of Interior, including the police,
— the operational transition towards, and the creation of a border
police, as a part of the wider EU effort to promote integrated border
management,
— the local police in building confidence within the population,
— enhanced cooperation with neighbouring States in the field of poli-
cing.
Article 4
Structure
EUPOL ‘Proxima’ shall in principle be structured as follows:
(a) headquarters in Skopje, composed of the Head of the Mission/
Police Commissioner and staff as defined in the OPLAN;
(b) one central co-location unit at the Ministry of Interior level;
(c) some units co-located within the Former Yugoslav Republic of
Macedonia at appropriate levels.
Article 5
Head of Mission/Police Commissioner
1. The Council, upon a proposal by the SG/HR, shall appoint a Head
of Mission/Police Commissioner. The Head of Mission/Police Commis-sioner shall exercise Operational Control (OPCON) over EUPOL
‘Proxima’ and assume the day-to-day management of EUPOL
‘Proxima’ operations.
2. The Head of Mission/Police Commissioner shall sign a contract
withth e Commission.
3. All police officers shall remain under full command of the appro-
priate national authority. National authorities will transfer Operational
Control (OPCON) to the Head of EUPOL ‘Proxima’.
4. The Head of Mission/Police Commissioner shall be responsible
for disciplinary control over the personnel. For seconded personnel,disciplinary action shall be exercised by the national or EU authorityconcerned.
Article 6
Staff
1. The numbers and competence of EUPOL ‘Proxima’ staff shall be
consistent with the mission statement set out in Article 3 and the struc-ture set out in Article 4.
2. Police officers shall be seconded by Member States. The
minimum period of secondment should be one year. Each MemberState shall bear the costs related to the police officers seconded by it,
including salaries, medical coverage, allowances other than per diems,
and travel expenses to and from the Former Yugoslav Republic ofMacedonia.
3. International civilian staff and local staff shall be recruited on a
contractual basis by EUPOL ‘Proxima’ as required.
4. Contributing States or Community institutions may also, if
required, second international civilian staff, for a minimum period ofone year. Eachcontributing State or Community institution sh all bearthe costs related to any of the staff seconded by it including salaries,medical coverage, allowances other than per diems, and travel expensesto and from the Former Yugoslav Republic of Macedonia.2003E0681 — EN — 01.01.2004 — 001.001 — 4
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Article 7
Chain of command
The structure of EUPOL ‘Proxima’ as part of the broader EU Rule of
Law approach in the Former Yugoslav Republic of Macedonia shallhave a unified chain of command, as a crisis management operation.
— The European Union Special Representative (EUSR) shall report to
the Council through the SG/HR.
— The Political and Security Committee shall provide the political
control and strategic direction.
— The Head of Mission/Police Commissioner shall lead EUPOL
‘Proxima’ and assume its day-to-day management.
— The Head of Mission/Police Commissioner shall report to the SG/
HR through the EUSR.
— The SG/HR shall give guidance to the Head of Mission/Police
Commissioner through the EUSR.
Article 8
Political control and strategic direction
1. The Political and Security Committee shall exercise under the
responsibility of the Council the political control and strategic directionof the mission. The Council hereby authorises the Political and
Security Committee to take the relevant decisions in accordance with
Article 25 of the TEU. This authorisation shall include the powers toamend the operation plan, the chain of command and the rules ofengagement. The powers of decision with respect to the objectivesand termination of the operation shall remain vested in the Council,
assisted by the Secretary-General/High Representative.
2. The Political and Security Committee shall report to the Council
at regular intervals.
3. The Political and Security Committee shall receive reports by the
Police Head of Mission regarding the conduct of the mission at regular
intervals. The Political and Security Committee may invite the PoliceHead of Mission to its meetings as appropriate.
Article 9
Participation of third States
1. Without prejudice to the decision-making autonomy of the EU
and the single institutional framework of the Union, Acceding Statesare invited and other third States may be invited to contribute toEUPOL ‘Proxima’ on the basis that they bear the cost of sending the
police officers and/or the international civilian staff seconded by
them, including salaries, allowances and travel expenses to and fromthe Former Yugoslav Republic of Macedonia, and contribute to therunning costs of EUPOL ‘Proxima’ as appropriate.
2. Without prejudice to the decision-making autonomy of the
European Union and the Single Institutional Framework, third States
may be invited to participate in the operation.
3. The Council hereby authorises the PSC to take, upon the recom-
mendation of the Police Head of Mission and the Committee forCivilian Aspects of Crisis Management, the relevant decisions on
acceptance of the proposed contributions.
4. Third States making contributions to EUPOL ‘Proxima’ 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.
5. The PSC shall take appropriate action with regard to participation
arrangements and shall, if required, submit those to the Council,including on possible financial participation from third States in thecommon costs.2003E0681 — EN — 01.01.2004 — 001.001 — 5
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6. Detailed arrangements regarding the participation of Third States
shall be subject of an agreement, in conformity with Article 24 of theTreaty on European Union. The Secretary-General/High Representative
assisting the Presidency may negotiate such arrangements on its behalf.
Article 10
Financial arrangements
1. The costs for the implementation of this Joint Action shall be:
(a) a maximum amount of EUR 7,3 million for start-up costs of the
mission;
(b) a maximum of EUR 650000 for running costs for 2003, including
per diems of EUR 100 per person for 2003;
(c) a maximum of EUR 7,056 million for running costs for 2004, not
including per diems, all to be financed out of the Communitybudget;
(d) a maximum of EUR 6,555 million for per diems of EUR 100 per
person for 2004 to be financed out of the Community budget.
The financing of per diems for 2003 and 2004 out of the Community
budget does not prejudge their amount and the modalities of theirfinancing for the following years.
2. As regards expenditure financed out of the Community budget,the following shall apply:
(a) expenditure shall be managed in accordance with the European
Community rules and procedures applicable to the budget, withthe exception that any pre-financing shall not remain the property
of the Community. Nationals of third States shall be allowed to
tender for contracts;
(b) the Head of the Planning Team/Police Commissioner shall report
fully to, and be supervised by, the Commission on the activitiesundertaken in the framework of his contract.
3. The financial arrangements shall respect the operational require-
ments of EUPOL ‘Proxima’, including compatibility of equipment andinteroperability of its teams.
Article 11
Community action
1. The Council notes the intention of the Commission to direct its
action towards achieving the objectives of this Joint Action, whereappropriate, by relevant Community measures.
2. The Council also notes that coordination arrangements are
required in Skopje as well as in Brussels.
Article 12
Release of classified information
1. The Secretary-General/High Representative is authorised to
release to NATO/KFOR and to the third parties associated with thisJoint Action, EU classified information and documents up to the level
‘CONFIDENTIEL UE’ generated for the purposes of the operation, in
accordance withth e Council's security regulations.
2. The Secretary-General/High Representative is also authorised to
release, in accordance with the operational needs of the Mission, tothe OSCE EU classified information and documents up to the level‘RESTREINT UE’ generated for the purposes of the operation, inaccordance withth e Council's security regulations. Local arrangementswill be drawn up for this purpose.2003E0681 — EN — 01.01.2004 — 001.001 — 6
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3. In the event of a specific and immediate operational need, the
Secretary-General/HighRepresentative is also auth orised to release tothe host State EU classified information and documents up to the level
‘CONFIDENTIEL UE’ generated for the purposes of the operation, in
accordance with the Council's security regulations. In all other cases,such information and documents shall be released to the host State inaccordance with procedures appropriate to the host State's level ofcooperation withth e European Union.
4. The Secretary-General/High Representative is authorised to
release to third parties associated with this Joint Action EU non-classi-
fied documents related to the deliberations of the Council with regardto the operation covered by the obligation of professional secrecypursuant to Article 6(1) of the Council Rules of Procedure.
Article 13
Status of staff of EUPOL ‘Proxima’
1. The status of EUPOL ‘Proxima’ staff in the Former Yugoslav
Republic of Macedonia, including where appropriate the privileges,immunities and further guarantees necessary for the completion and
smoothfunctioning of EUPOL ‘Proxima’ sh all be agreed in accordance
with the procedure laid down in Article 24 of the Treaty on EuropeanUnion. The Secretary-General/High Representative assisting the Presi-dency may negotiate sucharrangement on its beh alf.
2. The State or Community institution having seconded a staff
member shall be responsible for answering any claims linked to thesecondment, from or concerning the staff member. The State or
Community institution in question shall be responsible for bringing
any action against the secondee.
Article 14
Entry into force, duration
This Joint Action shall enter into force on the date of its adoption and
shall expire on 14 December 2004.
Article 15
Publication
This Joint Action shall be published in the Official Journal of the
European Union .2003E0681 — EN — 01.01.2004 — 001.001 — 7