Council Joint Action 2003/423/CFSP of 5 June 2003 on the European Union military operation in the Democratic Republic of Congo
Date: 2003-06-05
Institutions: Council of the European Union
Subjects: Congo, European Union, military cooperation, military intervention

L 143/50

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Official Journal of the European Union

11.6.2003

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

COUNCIL JOINT ACTION 2003/423/CFSP

of 5 June 2003

on the European Union military operation in the Democratic Republic of Congo

THE COUNCIL OF THE EUROPEAN UNION,

(8)

Having regard to the Treaty on European Union and, in parti-
cular, Article 14, Article 18, fifth paragraph, Article 25, third
paragraph, Article 26 and Article 28, third paragraph, thereof,

Whereas:

the European
In conformity with the guidelines of
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 PSC, in
accordance with Article 25 of the Treaty on European
Union.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

On 8 May 2003, the Council adopted Council Common
Position 2003/319/CFSP concerning European Union
support for the implementation of the Lusaka Ceasefire
Agreement and the peace process in the Democratic
Republic of Congo and repealing Common Position
2002/203/CFSP (1).

On 10 December 2002,
the Council adopted Joint
Action 2002/962/CFSP amending and extending the
mandate of the European Union Special Representative
for the African Great Lakes Region (2).

On 19 May 2003, the Council requested the Secretary-
General/High Representative to study the feasibility of a
European Union military operation in the Democratic
Republic of Congo.

The Secretary-General of
the United Nations has
requested UN Member States to provide a temporary
stabilisation force in the Ituri Region in implementation
of
the mandate provided in United Nations Security
Council Resolution 1484 (2003) of 30 May 2003.

In accordance with the EU Framework Nation Concept
endorsed on 24 July 2002 as a conceptual basis for the
conduct of
autonomous EU-led Crisis-Management
Operations with recourse to a Framework Nation, a
Member State should be designated as a Framework
Nation.

In order to plan for and prepare the deployment of an
EU force in the Democratic Republic of Congo, the loca-
tion of the Operation Headquarters should be designated
and an Operation Commander and a Force Commander
should be appointed.

The Political and Security Committee (PSC) should exer-
cise 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

(1) OJ L 115, 9.5.2003, p. 87.
(2) OJ L 334, 11.12.2002, p. 5.

(9)

Third States could participate in the operation upon
invitation by the Council.

(10)

In accordance with Article 28(3) of
the Treaty on
the operational expenditure arising
European Union,
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.

(11) Article 14(1) of the Treaty on European Union calls for
the indication of the means to be made available to the
Union for the whole period of implementation of the
Joint Action;
reference
amount should be indicated.

in this context, a financial

(12)

(13)

The financial reference amount for the common costs of
the operation constitutes the best current estimate and is
that will be
without prejudice to the final
included in a budget to be approved in accordance with
the principles laid down in the general Framework Deci-
sion of 17 June 2002.

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
Community, Denmark does not participate in the
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,

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Official Journal of the European Union

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HAS ADOPTED THIS JOINT ACTION:

2.

The PSC shall report to the Council at regular intervals.

Article 1

Mission

1.
The European Union shall conduct a European Union
military operation in the Democratic Republic of Congo,
named Artemis in accordance with the mandate set out in
UNSCR 1484 (2003).

2.
The forces deployed to that effect shall operate in accor-
dance with the objectives set out in the ‘Framework for EU
action in response to the crisis in Bunia’ approved by the
Council.

Article 2

Designation of a Framework Nation

France will act as the Framework Nation for the operation.

Article 3

Appointment of the Operation Commander

Major General Neveux is appointed EU Operation Commander.

Article 4

Designation of the location of the Operation Headquarters

The Operation Headquarters shall be located at the Centre de
planification et de conduite des opérations (CPCO)
in Paris,
France.

Article 5

Designation of the Force Commander

Brigadier General Thonier is appointed EU Force Commander.

Article 6

Planning and launching of the operation

The Council shall approve the operation plan (OPLAN) and
authorise the Rules of Engagement (RoE) and shall decide on
the launching of the operation.

Article 7

Political control and strategic direction

1.
The Political and Security Committee (PSC) shall exercise
under the responsibility of the Council the political control and
strategic direction of
the operation. The Council hereby
authorises the PSC to take the relevant decisions in accordance
with Article 25 of the Treaty on European Union. This authori-
sation shall
include the powers to amend the OPLAN, the
Chain of Command and the RoE. The powers of decision with
respect to the objectives and termination of the operation shall
remain vested in the Council, assisted by the Secretary-General/
High Representative.

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

Article 8

Military direction

The European Union Military Committee (EUMC) shall
the military operation
the Operation

the proper execution of
the

responsibility

under

of

1.
monitor
conducted
Commander.

2.
The EUMC shall receive reports from the Operation
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.

Article 9

Relations with the United Nations,
the Democratic
Republic of Congo and other participants in the peace
process

1.
The Presidency, the Secretary-General/High Representa-
tive, the Operation Commander and the EU Special Representa-
tive for the Great Lakes Region shall ensure close coordination
of their respective activities with respect to the implementation
of this Joint Action.

2.
The Secretary-General/High Representative, assisted by
the EU Special Representative for the Great Lakes Region shall,
in close coordination with the Presidency, act as a primary
point of contact with the United Nations, with the authorities
of the Democratic Republic of Congo and neighbouring coun-
tries, as well as with other participants in the peace process.

3.
The Force Commander shall maintain contact with local
authorities, the United Nations Organisation Mission in the
Democratic Republic of Congo (MONUC) and other interna-
tional actors, as appropriate, on issues relevant to his mission.

Article 10

Participation of third States

1. Without prejudice to the decision-making autonomy of
the European Union and to the Single Institutional Framework,
third States may be invited to participate in the operation.

2.
The PSC shall take appropriate action with regard to
participation arrangements and shall, if required, submit those
to Council, including on possible financial participation from
third States in the common costs.

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The Council hereby authorises the PSC to take, upon the
3.
recommendation of the Operation Commander and the EUMC,
the relevant decisions on acceptance of the proposed contribu-
tions.

The Council hereby authorises the PSC to take relevant
4.
decisions on the setting up of a Committee of Contributors, in
case that the third States provide significant military contribu-
tions.

Article 11

Financial arrangements

1.
The Council shall establish the procedures for post settle-
ment of costs (1) in order to finance the common costs of the
operation referred to in Article 1.

2.
For the purposes of this operation, barracks and lodging
for the forces as a whole, as well as expenditure related to
transportation of the forces as a whole, shall not be eligible for
payment as common costs.

3.

The financial reference amount shall be EUR 7 000 000.

Article 12

Release of information to third States and international
organisations

1.
The Secretary-General/High Representative is authorised
to release to 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.

The Secretary-General/High Representative is authorised
2.
to release to third parties associated with this Joint Action EU
non-classified documents related to the deliberations of the
Council with regard to the operation covered by the obligation
of professional secrecy pursuant to Article 6, paragraph 1 of
the Council Rules of Procedure.

Article 13

Status of the EU-led forces

If required, the status of the EU-led forces in the Democratic
Republic of Congo shall be the subject of an agreement with
the Government of the Democratic Republic of Congo to be
concluded on the basis of Article 24 of the Treaty on European
Union.

Article 14

Community action

The Council notes the intention of the Commission to direct,
where appropriate, its action towards achieving the objectives
of this Joint Action.

Article 15

Entry into force

This Joint Action shall enter into force on 5 June 2003. It shall
expire on 1 September 2003.

Article 16

Publication

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

Done at Luxembourg, 5 June 2003.

For the Council

The President

M. CHRISOCHOÏDIS

(1) On the basis of the specimen Council Decision establishing pre-
financing procedures for the financing of an EU operation having
military or defence implications (approved by the Council on 27
January 2003).