Council Joint Action of 20 July 2001 on the establishment of a European Union Institute for Security Studies
Date: 2001-07-20
Institutions: Council of the European Union
Subjects: Western European Union, budgetary procedure, common foreign and security policy, research body, rules of procedure

25.7.2001

EN

Official Journal of the European Communities

L 200/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL JOINT ACTION

of 20 July 2001

on the establishment of a European Union Institute for Security Studies

(2001/554/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Article 14 thereof,

Whereas:

(1)

(2)

(3)

(4)

On 10 November 2000 the Council recorded its agree-
ment in principle on the setting up of an Institute for
Security Studies incorporating the relevant features of
the existing Western European Union (WEU) structures.

The establishment of an Institute for Security Studies
within the European Union will assist the implementa-
tion of the Common Foreign and Security Policy (CFSP)
and in particular of the European Security and Defence
Policy (ESDP).

The statute and structure of the Institute should enable it
to respond to the requirements of the European Union
and its Member States and to fulfil its functions in close
collaboration with Community, national and inter-
national

institutions.

The European Union Institute for Security Studies
should have legal personality and work in complete
intellectual independence, while maintaining close links
with the Council and having due regard for the general
political responsibilities of the European Union and its
institutions,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Establishment

1.
A European Union Institute for Security Studies (EUISS),
hereinafter referred to as ‘the Institute’ is hereby established. It
shall be operational as from 1 January 2002.

The Institute shall have its headquarters in Paris.

2.

3.

Article 2

Mission

it shall,

The Institute shall contribute to the development of the CFSP,
including the ESDP, by conducting academic research and
analysis in relevant
inter alia,
fields. To that end,
produce and, on an ad hoc basis, commission research papers,
arrange seminars, enrich the transatlantic dialogue by orga-
nising activities similar to those of the WEU Transatlantic
Forum and maintain a network of exchanges with other
research institutes and think-tanks both inside and outside the
European Union. The Institute's work shall
involve this
network as broadly as possible. The Institute's output shall be
distributed as widely as possible, except as regards confidential
information, for which the Council security regulations as set
out in Decision 2001/264/EC (1) shall apply.

Article 3

Political supervision

The Political and Security Committee shall, in accordance with
its responsibilities for CFSP, and in particular the ESDP, exercise
political supervision over the activities of the Institute, without
impinging on the intellectual independence of the Institute in
carrying out research and seminar activities.

Article 4

Legal personality

The Institute shall have the legal personality necessary to
perform its functions and attain its objectives. Each of the
Member States shall take steps to accord it the legal capacity
accorded to legal persons under its laws as necessary; it may, in
particular, acquire or dispose of movable and immovable prop-
erty and be a party to legal proceedings. The Institute shall be
non profit-making.

Article 5

Board

The Institute shall have a Board that approves its annual
1.
and long-term programme of work and the appropriate budget.
The Board shall be a forum for discussing issues related to the
Institute functioning and staff.

The initial infrastructure will be provided by the WEU.

(1) OJ L 101, 11.4.2001, p. 1.

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Official Journal of the European Communities

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The Board shall be chaired by the Secretary-General/High
2.
Representative (SG/HR) or,
that person's
absence, by his or her representative. The SG/HR shall report to
the Council on the work of the Board.

in the event of

3.
The Board shall be composed of one representative
appointed by each Member State and one appointed by the
Commission. Each member of the Board may be represented or
accompanied by an alternate. Letters of appointment, duly
authorised by the Member State or the Commission, as appro-
priate, shall be directed to the SG/HR.

— preparing the work of the Board, in particular the Institute's

draft annual work programme;

— the day-to-day administration of the Institute;

— all personnel matters;

— preparing the statement of income and expenditure and

implementing the Institute's budget;

— informing the Political and Security Committee on the

annual work programme;

— ensuring contacts and close collaboration with Community,

national and international

institutions in related fields.

4.
The Director of the Institute or his or her representative
shall, as a rule, attend Board meetings. The Director-General of
the Military Staff and the Chairman of the Military Committee,
or their representatives, may also attend Board meetings.

4. Within the agreed work plan and budget of the Institute,
the Director shall be empowered to enter into contracts, to
recruit staff approved in the budget and to incur any expendi-
ture necessary for the operation of the Institute.

Decisions of the Board shall be taken on a vote by the
5.
representatives of the Member States by qualified majority, the
votes being weighted in accordance with the third subpara-
graph of Article 23(2) of the Treaty, without prejudice of
Article 12(2) of this Joint Action. The Board shall adopt its
rules of procedure.

The Director shall prepare an annual report on the Insti-
5.
tute's activities by 31 March the following year. The report
shall be forwarded to the Board and to the Council, which shall
forward the report to the European Parliament, the Commis-
sion and the Member States.

6.

The Director shall be accountable to the Board.

6.
The Board may decide to create ad-hoc working groups
or standing committees with the same format as the Board,
issues within its overall
dealing with specific subjects or
responsibility and acting under its supervision. The decision to
create such a group or committee shall set out its mandate,
composition and duration.

7.
tute.

7.
The Board shall be convened by the Chairman at least
twice a year and at the request of at least one third of its
members.

Article 6

Director

1.
The Board shall appoint the Director of the Institute from
among Member States' nationals. Member States shall submit
candidatures to the SG/HR, who shall forward them to the
Board. The Director shall be appointed for three years, with the
possible extension of one two-year term.

2.
The Director shall be responsible for recruiting all other
staff of the Institute. Members of the Board shall be informed
in advance of the appointment of researchers.

3.
The Director shall ensure the execution of the tasks of the
Institute in accordance with Article 2. The Director shall
further uphold a high level of expertise and professionalism of
the Institute, as well as efficiency and effectiveness in the
pursuit of its missions.

The Director shall be the legal representative of the Insti-

Article 7

Staff

1.
The staff of the Institute, consisting of researchers and
administrative staff, shall have the status of contract staff
members and shall be recruited from among nationals of the
Member States. The initial staff shall be recruited as needed
from among the staff of the WEU Institute of Security Studies.

The Institute's researchers shall be recruited on the basis
2.
of merit and academic expertise with regard to CFSP and, in
particular, the ESDP through fair and transparent competition
procedures.

Article 8

Provisions applicable to staff

The provisions relating to the staff of the Institute shall be laid
down by the Council acting on a recommendation from the
Director.

Article 9

Intellectual independence

The Director shall also be responsible for:

— drafting the Institute's annual work programme as well as

the annual report on the Institute's activities;

The Director and the researchers shall enjoy intellectual inde-
pendence in carrying out the Institute's research and seminar
activities.

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Official Journal of the European Communities

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Article 10

Work programme

The Board shall give discharge to the Director in respect

3.
of the implementation of the budget.

No later than 30 November each year, the Board shall, on the
basis of a draft submitted by the Director of the Institute, adopt
the Institute's annual work programme for the following year.
The measures to be carried out under the annual programme
shall be accompanied by an estimate of the necessary expendi-
ture.

Article 11

Budget

1.
All items of income and expenditure of the Institute shall
be included in estimates to be drawn up for each financial year,
which shall correspond to the calendar year, and shall be
shown in the budget of the Institute, which shall include a list
of the staff.

The income and expenditure shown in the budget of the

2.
Institute shall be in balance.

3.
The income of the Institute shall consist in contributions
from the Member States according to the GNP scale. With the
agreement of the Director, additional contributions may be
accepted from other sources for specific activities.

Article 12

Budgetary procedure

1.
The Director shall establish by 30 June of each year a
draft budget for the Institute covering administrative expendi-
ture, operational expenditure and expected revenue for the
following financial year and shall submit it to the Board. The
Director shall send the draft budget to the Council for informa-
tion.

2.
The Board shall adopt the budget of the Institute by
the representatives of Member States by 15
unanimity of
December of each year, adjusting it to the various contribu-
tions granted to the Institute and to its other resources.

Article 13

Control of the budget

1.
Control of the commitment and payment of all expendi-
ture and the recording and collection of all revenue shall be
carried out by an independent financial controller appointed by
the Board.

2.
By 31 March of each year, the Director shall submit to
the Council and the Board the detailed accounts of all revenue
and expenditure from the previous financial year, including a
report on the Institute's activities.

Article 14

Financial rules

The Board, with the assent of the Council, shall draw up, on a
proposal from the Director, detailed financial rules specifying
in particular the procedure to be followed for establishing and
implementing the budget of the Institute.

Article 15

Privileges and immunities

Privileges and immunities necessary for the performance of the
duties of the Institute, the Director of the Institute and its staff,
shall be provided for in an agreement between the Member
States.

Article 16

Legal liability

The contractual liability of the Institute shall be governed

1.
by the law applicable to the contract concerned.

2.
The personal liability of staff towards the Institute shall
be governed by the relevant provisions applying to staff of the
Institute.

Article 17

Visiting researchers

Visiting researchers may for limited time periods be seconded
to the Institute by Member States and Third States, after agree-
ment by the Director, to participate in the activities of the
Institute in accordance with Article 2.

Article 18

Access to documents

Upon a proposal by the Director, the Board shall adopt, by 30
June 2002 rules on public access to the Institute's documents,
taking into account the principles and limits laid down in
Regulation (EC) No 1049/2001 of the European Parliament
and of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents (1).

Article 19

Review

The SG/HR shall present, no later than five years from its entry
into force, a report to the Council on the implementation of
this Joint Action with a view to its possible review.

(1) OJ L 145, 31.5.2001, p. 43.

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Article 20

Transitional provisions

1.
The first Board of the Institute shall be appointed, and the
Director designated, by 31 July 2001. The Director shall be
entrusted with the management of the transition from WEU
subsidiary body to the new entity.

2.
The designated Director shall present a draft budget for
the year 2002 by 15 September 2001. The Board shall adopt
the budget by 15 November 2001.

3.
The Institute shall be substituted for the WEU as the
employer of the staff serving on 31 December 2001. Obliga-
tions arising from existing staff contracts, as defined in the
applicable acts, shall be honoured by the new employer.

4.
Contracts not relating to staff, signed by the WEU on
behalf of the WEU Institute of Security Studies shall also be
taken over by the Institute.

The budget for expenditure borne by the Member States

5.
shall be EUR 3,2 million for the financial year 2002.

Article 21

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

its

Article 22

This Joint Action shall be published in the Official Journal.

Done at Brussels, 20 July 2001.

For the Council

The President

J. VANDE LANOTTE