Council Joint Action

of 22 December 2000

on the European Union Monitoring Mission

(2000/811/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular, Article 14 thereof,

Whereas:

(1) Following the Declaration by the European Community and its Member States at Brioni on 5 July 1991, the Monitor Mission to Yugoslavia then known as the European Community Monitoring Mission (ECMM) and hereinafter called the Mission was established by a Memorandum of Understanding signed at Belgrade on 13 July 1991.

(2) The operation of the Mission is currently governed by Memoranda of Understanding and Exchanges of Letters with the Host Parties of the Western Balkans.

(3) In its conclusions of 21 June 1999, the Council emphasised the necessity to review the activities of the Mission in the light of changed circumstances in the region. On 20 March 2000, the Council underlined its wish for a restructured, flexible and streamlined ECMM, meeting well defined operational requirements, answerable to the Council through the Secretary-General/High Representative.

(4) In its Conclusions of 13 June 2000, the Council welcomed the progress already made in the restructuring of the ECMM. Since then, the reorganisation of the activities and structures of the Mission has continued. The functions and organisation of the Mission should continue to be regularly examined and adapted to the changing political and geographical priorities of the European Union in the Western Balkan region.

(5) The current expenditure of the Mission, at present borne by the Member States, should be charged to the general budget of the European Union.

(6) It is appropriate also that the role of the Mission as an instrument of the European Union's common foreign and security policy be reflected in its name,

HAS ADOPTED THIS JOINT ACTION:

Article 1

1. The primary objective of the Mission, henceforth to be called the European Union Monitoring Mission (EUMM) is to contribute, in a flexible manner, through information gathering and analysis in line with directions from the Secretary-General/High Representative and the Council, to the effective formulation of European Union policy towards the Western Balkans.

2. To that end, the EUMM shall in particular:

(a) monitor political and security developments in the area of responsibility;

(b) give particular attention to border monitoring, inter-ethnic issues and refugee return;

(c) provide analytical reports on the basis of tasking received;

(d) contribute to the early warning of the Council and to confidence building, in the context of the policy of stabilisation conducted by the Union in the region.

3. The Council may also initiate specific tasking in coordination with the Secretary-General/High Representative and in consultation with the Commission.

4. In the fulfilment of its tasks, the EUMM shall coordinate its activities closely with the European Union Heads of Mission and relevant international organisations in the Western Balkans with a view to contributing to a more effective policy of the European Union in the Western Balkans.

Article 2

1. The Secretary General/High Representative, acting in close coordination with the Presidency, shall define the tasks of the EUMM in accordance with the policy, as adopted by the Council, regarding the Western Balkans.

2. The EUMM shall report to the Council on the accomplishment of its tasks through the Secretary-General/High Representative.

3. The Secretary-General/High Representative shall ensure that the Mission functions flexibly and in a streamlined manner. In that context, he shall regularly reexamine the functions and the geographical territory covered by the EUMM so as to continue to adapt the internal organisation of the Mission to the priorities of the European Union in the Western Balkans. He shall report thereon to the Council regularly. The Commission shall be fully associated.

Article 3

The EUMM shall be structured as follows:

(a) headquarters composed of a Head of Mission, a Deputy Head of Mission, a Legal Adviser, an analysis section, a finance and administrative cell, a data base management unit and a communications and logistics cell;

(b) mission offices to maintain essential local contacts, coordinate closely with European Union Heads of Mission and relevant international organisations, provide operational feedback to EUMM headquarters and support to mobile teams' rapid redeployment;

(c) mobile teams with rapid deployment capability, tasked to report in accordance with the mandate set out in Article 1(3).

Article 4

1. The Head of Mission shall be appointed by the Council on the basis of proposals to be submitted by the Secretary-General/High Representative; and shall ensure the day-to-day management of EUMM operations.

The Deputy Head of Mission shall be seconded by the Member State holding the Presidency.

2. The number and competences of the EUMM staff shall be consistent with the objectives and structure set out in Articles 1 and 3.

3. The international staff shall be seconded by Member States for a minimum period of one year. Each Member State shall bear the costs related to the personnel seconded by it, including salaries, allowances, accommodation costs and travelling expenses to and from the Western Balkans.

4. Non-European Union Member States participating in the OSCE, currently providing staff to ECMM, may continue their participation. They shall be asked to bear the cost of sending the staff nominated by them, and to contribute to the current expenditure of the EUMM in an appropriate proportion taking into account the size of their participation and their gross national product.

5. The State or Community institution having appointed a staff member shall be responsible for answering any claims linked to the appointment, from or concerning the staff member. The State or Community institution in question shall be responsible for bringing any action against the staff member linked to this appointment.

6. Levels of local staff shall be consistent with the structure set out in Article 3.

Article 5

1. The financial reference amount for the implementation of this Joint Action shall be EUR 4820404 for the years 2000 and 2001.

2. The amount specified in paragraph 1 shall be allocated to finance the infrastructure and current expenditure of the EUMM, including expenditure relating to local staff.

The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the European Community rules and procedures applicable to the budget.

3. The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract.

Article 6

The detailed rules governing the EUMM operations in the area of its responsibility shall be laid down in arrangements to be concluded in accordance with the procedure laid down in Article 24 of the Treaty.

Article 7

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

It shall apply until 31 December 2001.

Article 8

This Joint Action shall be published in the Official Journal.

Done at Brussels, 22 December 2000.

For the Council

The President

C. Pierret