Council Joint Action 2003/92/CFSP of 27 January 2003 on the European Union military operation in the Former Yugoslav Republic of Macedonia
Date: 2003-01-27
Institutions: Council of the European Union
Subjects: EU relations, North Macedonia, framework agreement, military cooperation, military intervention, peace, police, rule of law

L 34/26

EN

Official Journal of the European Union

11.2.2003

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

COUNCIL JOINT ACTION 2003/92/CFSP

of 27 January 2003

on the European Union military operation in the Former Yugoslav Republic of Macedonia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in parti-
cular, Article 14, Article 25, third subparagraph, Article 26 and
Article 28(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

The European Council has announced the readiness of
the European Union to conduct a military operation to
follow on the NATO operation in the Former Yugoslav
Republic of Macedonia, in order to further contribute to
a stable, secure environment,
to allow the FYROM
Government to implement the Ohrid Framework Agree-
ment.

to the Ohrid Framework Agreement,

Pursuant
the
Union's contribution is based upon a broad approach
with activities to address the whole range of rule of law
aspects, including institution building programmes and
police activities which should be mutually supportive
and reinforcing. The activities of the Union, supported,
inter alia, by the Community's
institution building
programmes under the CARDS Regulation, will contri-
bute to the overall peace implementation in the Former
Yugoslav Republic of Macedonia as well as to the
achievements of the Union's overall policy in the region,
notably the stabilisation and association process.

The Union appointed an EU Special Representative to
contribute to the consolidation of the peaceful political
process and the full implementation of the Ohrid Frame-
work Agreement, to help to ensure the coherence of the
EU external action and to ensure coordination of the
international community's efforts to help in the imple-
mentation and sustainability of the provisions of that
Framework Agreement.

The UN Security Council Resolution 1371 (2001)
adopted on 26 September 2001 welcomes the Frame-
work Agreement and supports its full
implementation
by the efforts of, inter alia, the EU.

On 17 January 2003,
the Former
Yugoslav Republic of Macedonia invited the Union to
assume responsibility for the follow-on to the NATO

the authorities of

operation ‘Allied Harmony’; to this end, an exchange of
letters between the authorities of the Former Yugoslav
Republic of Macedonia and the Union will follow. The
EU is stepping up a process of consultations with NATO,
as foreseen in Nice arrangements.

In order to plan for and prepare the deployment of an
EU force in the Former Yugoslav Republic of Macedonia,
the appointment of an Operation Commander is envi-
saged.

The European Union is committed to reaching a
comprehensive agreement with NATO on all relevant
outstanding permanent arrangements between the EU
and NATO, in full conformity with the principles agreed
in the European Council, and in particular at its meeting
at Nice on 7 to 9 December 2000, and at Copenhagen
on 12 and 13 December 2002.

The Political and Security Committee should exercise
political control of and provide strategic direction to the
EU-led operation and take the relevant decisions in
accordance with Article 25,
the
Treaty on European Union.

third paragraph of

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 representative in accordance with Articles
18 and 26 of the Treaty on European Union in the
implementation of measures falling within the political
control and strategic direction exercised by the Political
in accordance with
and Security Committee (PSC),
Article 25 of the Treaty on European Union.

Third States should participate in the operation in accor-
dance with the guidelines laid down by the European
Council.

the Treaty on
In accordance with Article 28(3) of
European Union,
the operational expenditure arising
from this Joint Action having military implications shall
be charged to the Member States consistent with the
general framework laid down in the Council Decision of
17 June 2002.

(6)

(7)

(8)

(9)

(10)

(11)

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Official Journal of the European Union

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(12) Article 14(1) of the Treaty on European Union calls for
the indication of the means available to the Union for
the whole period of implementation of the Joint Action;
in this context, a financial reference amount should be
indicated.

(13)

(14)

The financial reference amount for the common costs of
the operation, whose parameters have been defined in
the general concept approved by the Council on 23
January 2003 constitutes the best current estimate and is
without prejudice to the final
that will be
included in a budget to be approved in accordance with
the principles laid down in the general framework deci-
sion mentioned in recital 11.

figures

In conformity with Article 6 of the Protocol on the posi-
tion of Denmark annexed to the Treaty on European
Union and to the Treaty establishing the European
in the
Community, Denmark does not participate
elaboration and implementation of decisions and actions
of the European Union which have defence implications,
Denmark does not participate in the financing of the
operation,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
to a
Based on arrangements with NATO and subject
further decision by the Council, as specified in Article 3, the
European Union shall conduct a European Union military
operation in the Former Yugoslav Republic of Macedonia, at
the request of the FYROM government, in order to ensure the
follow-on to the NATO operation ‘Allied Harmony’.

The forces deployed to that effect shall operate in accor-
in the general concept

2.
dance with the objectives set out
approved by the Council.

The operation shall be carried out with recourse to NATO

3.
assets and capabilities, on the basis agreed with NATO.

Article 2

Article 3

Planning and launching of the Operation

Once the Council has taken the necessary decisions foreseen in
the EU crisis management procedures, including decisions on
the Operation Commander
the operation plan
(OPLAN), the rules of engagement (RoE), the Operation Head-
quarters (OHQ) and the EU Force Commander (F Cdr), the
Council shall decide on the launching of the operation.

(Op Cdr),

Article 4

Political control and strategic direction

1.
The Political and Security Committee shall exercise under
the responsibility of the Council the political control and stra-
tegic direction of the operation. The Council hereby authorises
the Political and Security Committee to take the relevant deci-
sions in accordance with Article 25 of the Treaty on European
Union. This authorisation shall include the powers to amend
the operation plan, the chain of command and the rules of
engagement. The powers of decision with respect to the objec-
tives and termination of the operation shall remain vested in
the Council, assisted by the Secretary General/High Representa-
tive.

The Political and Security Committee shall report to the

2.
Council at regular intervals.

3.
The Political and Security Committee shall receive reports
by the Chairman of the European Union Military Committee
(CEUMC) regarding the conduct of the military operation at
regular intervals. The Political and Security Committee may
invite the Operation Commander to its meetings as appro-
priate.

Article 5

Military direction

1.
The EU Military Committee (EUMC) shall monitor the
proper execution of the military operation conducted under the
responsibility of the Operation Commander.

The EUMC shall receive reports from the Operation
2.
Commander at regular intervals. It may invite the Operation
Commander to its meetings as necessary.

The CEUMC acts as the primary point of contact with the

3.
Operation Commander.

Appointment of the Operation Commander

1.

The Council will appoint an EU Operation Commander.

Article 6

Relations with FYROM

2.
NATO will be invited to agree that Admiral R. FEIST,
Deputy Supreme Allied Commander for Europe ( D-SACEUR),
be appointed EU Operation Commander.

3.
NATO will be invited to agree that the EU Operational
Headquarters be at the Supreme Headquarters of Allied Powers
in Europe (SHAPE).

The Secretary General/High Representative and the EU Special
Representative in FYROM within their respective mandates
shall act as primary points of contact with the authorities of
FYROM for matters relating to the implementation of this Joint
Action. The Presidency will be kept regularly and promptly
informed on these contacts. The Force Commander shall main-
tain contact with local authorities on issues relevant to his
mission.

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Official Journal of the European Union

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Article 7

2.

For the purposes for this operation:

Coordination and liaison

— barracks and lodging for the forces as a whole shall be

eligible for payment as common,

Without prejudice to the chain of command, EU Commanders
shall coordinate closely with the EU Special Representative in
FYROM with a view to ensure consistency of the military
operation with the broader context of the EU activities in
FYROM. Within that framework, EU Commanders will
liaise
with other international actors in the area as appropriate.

— costs,

— expenditure related to transportation for the forces as a
whole shall not be eligible for payment as common costs.

3.

The financial reference amount shall be EUR 4 700 000.

Article 8

Participation of third States

1. Without prejudice to the decision-making autonomy of
the European Union and to the Single Institutional Framework,
and in accordance with the relevant guidelines of the European
Council, in particular those given at its meeting at Nice on 7 to
9 December 2000:

— the non-EU European NATO members shall participate in

the operation if they so wish,

— countries which have been invited by the Copenhagen
European Council to become Member States are invited to
participate in the operation, in accordance with the agreed
modalities,

— potential partners may also be invited to participate in the

operation.

2.
The Council hereby authorises the Political and Security
Committee to take, upon the recommendation of the Operation
Commander and the EUMC, the relevant decisions on accep-
tance of the proposed contributions.

3.
Detailed arrangements regarding the participation of third
States shall be the subject of an agreement, in conformity with
Article 24 of the Treaty on European Union. The Secretary
General/High Representative assisting the presidency may
negotiate such arrangements on its behalf.

4.
Third States making significant military contributions to
the EU-led operation shall have the same rights and obligations
in terms of day-to-day management of the operation as EU
Member States taking part in the operation.

5.
The Council hereby authorises the Political and Security
Committee to take relevant decisions on the setting-up of a
committee of contributors, in case that the third States provide
significant military contributions.

Article 9

Financial arrangements

The Council shall set up a financial mechanism to cover

1.
the common costs of the operation referred to in Article 1.

Article 10

Relations with NATO

1.
Contacts and meetings between EU and NATO should be
stepped up during the preparation and conduct of the opera-
tion, in the interests of transparency, consultation and coopera-
tion between the two organisations. This should include meet-
ings at PSC/NAC and Military Committee level and regular
contacts between EU and NATO Commanders in the region.
Throughout the operation NATO shall be kept informed on the
use of NATO assets and capabilities. The PSC shall inform the
NAC before proposing to the Council the termination of the
operation.

2.
The entire chain of command will remain under the poli-
tical control and strategic direction of the EU throughout the
operation, after consultation between the two organisations. In
that framework the Operation Commander will report on the
conduct of the operation to EU bodies only. NATO will be
informed of developments in the situation by the appropriate
bodies, in particular the PSC and the Chairman of the Military
Committee.

Article 11

Release of classified information to NATO and third States

The Secretary-General/High Representative is authorised to
release to NATO and third parties associated with this Joint
Action EU classified information and documents generated for
the purposes of the operation in accordance with the Council
Security Regulations.

Article 12

Status of the EU-led forces

The status of
the EU-led forces in the Former Yugoslav
Republic of Macedonia shall be the subject of an agreement
with the Government of
the Former Yugoslav Republic of
Macedonia to be concluded on the basis of Article 24 of the
Treaty on European Union.

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This Joint Action shall enter into force on 1 February 2003.

Article 13

Entry into force

Article 14

Publication

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 27 January 2003.

For the Council

The President

G. PAPANDREOU