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")
Date: 2003-09-29
Institutions: Council of the European Union
Subjects: EU Member State, North Macedonia, police cooperation

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Official Journal of the European Union

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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 parti-
cular Article 14, Article 25, third paragraph, Article 26 and
Article 28(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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,
institution building
inter alia, by the Community's
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 a European Union Special Repre-
sentative (EUSR) to contribute to the consolidation of
the peaceful political process and the full implementa-
tion of the Ohrid Framework 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 implementation 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.

In the interest of preserving and building upon the
significant
results achieved in the Former Yugoslav
Republic of Macedonia through a considerable commit-
ment of EU political effort and resources, the EU is to
enhance its role in policing to further contribute to a
stable secure environment to allow the Former Yugoslav
Republic of Macedonia government to implement the
Ohrid framework agreement.

The current security situation in the Former Yugoslav
Republic of Macedonia is stable but may deteriorate with
potentially
international
repercussions
security. A commitment of EU political effort and
resources will help to embed stability in the region.

serious

on

On 16 September 2003, the authorities of the Former
Yugoslav Republic of Macedonia invited the EU to
assume responsibility for an enhanced role in policing
and the deployment of an EU Police Mission (EUPOL

(7)

(8)

(9)

‘Proxima’). An agreement will need to be concluded to
this end between the authorities of the Former Yugoslav
Republic of Macedonia and the EU.

Operations EUPOL ‘Proxima’ and Concordia must be
considered as separate operations, subject to separate
decisions.

The Political and Security Committee should exercise
political control 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 Security Committee (PSC) should
be informed on a regular basis on all aspects of the
mission, including through briefings by the EUSR and
the Head of Mission/Police Commissioner as necessary.

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 (SG/HR) in accordance with
Articles 18 and 26 of the TEU in the implementation of
measures falling within the political control and strategic
direction exercised by the PSC,
in accordance with
Article 25 of the TEU.

(10)

Third States should participate in the operation in accor-
dance 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 the Joint Action; the indication of
amounts to be financed by the Community budget illus-
trates the will of the legislative authority and 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 plan-
ning team to be established not later than 1 October and an
operational phase starting from 15 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 in Article 3.

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Article 2

Planning phase

Article 4

Structure

EUPOL ‘Proxima’ shall in principle be structured as follows:

During the planning phase,

1.
the Planning Team shall
comprise a Police Head of Mission/Head of the Planning Team
and the necessary staff 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 neces-
sary.

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 Plan-
ning Team shall subsequently draw up the Operation Plan
(OPLAN) and develop all technical
instruments necessary to
execute EUPOL ‘Proxima’. CONOPS and OPLAN will take into
account the comprehensive risk assessment. The Council shall
approve the CONOPS and the OPLAN.

(a) headquarters in Skopje, composed of

the
Mission/Police Commissioner and staff as defined in the
OPLAN;

the Head of

(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 Commissioner shall exercise Operational Control
(OPCON) over EUPOL ‘Proxima’ and assume the day-to-day
management of EUPOL ‘Proxima’ operations.

The Planning Team shall work in close cooperation with

4.
the OSCE.

The Head of Mission/Police Commissioner shall sign a

2.
contract with the Commission.

5.
As from 15 December 2003, the Police Head of Mission/
Head of the Planning Team shall become Head of Mission/
Police Commissioner as 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 coor-
dination and complementarity with Community institution
building as well as OSCE and bilateral programmes, support,
including through monitoring and mentoring, as appropriate:

— the consolidation of

law and order,

including the fight

against organised crime, focussing on the sensitive areas,

— 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 popula-

tion,

— enhanced cooperation with neighbouring States in the field

of policing.

3.
All police officers shall remain under full command of
the appropriate national authority. National authorities will
transfer Operational Control (OPCON) to the Head of EUPOL
‘Proxima’.

The Head of Mission/Police Commissioner

4.
shall be
responsible for disciplinary control over the personnel. For
seconded personnel, disciplinary action shall be exercised by
the national or EU authority concerned.

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 structure set out in Article 4.

2.
Police officers shall be seconded by Member States. The
minimum period of secondment should be one year. Each
Member State 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 of Macedonia.

International civilian staff and local staff shall be recruited

3.
on a contractual basis by EUPOL ‘Proxima’ as required.

Contributing States or Community institutions may also,
4.
if required, second international civilian staff, for a minimum
period of one year. Each contributing State or Community
institution shall bear the costs related to any of
the staff
seconded by it including salaries, medical coverage, allowances
other than per diems, and travel expenses to and from the
Former Yugoslav Republic of Macedonia.

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Article 7

Chain of command

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.

The structure of EUPOL ‘Proxima’ as part of the broader EU
Rule of Law approach in the Former Yugoslav Republic of
Macedonia shall have a unified chain of command, as a crisis
management operation.

The Council hereby authorises the PSC to take, upon the
3.
recommendation of
the Police Head of Mission and the
Committee for Civilian Aspects of Crisis Management, the rele-
vant decisions on acceptance of the proposed contributions.

— The European Union Special Representative (EUSR) shall

report to the Council through the SG/HR.

— The Political and Security Committee shall provide the poli-

tical 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 stra-
tegic direction of the mission. The Council hereby authorises
the Political and Security Committee to take the relevant deci-
sions in accordance with Article 25 of the TEU. This authorisa-
tion 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 objectives and termination of the
operation shall remain vested in the Council, assisted by the
Secretary-General/High Representative.

4.
Third States making contributions to EUPOL ‘Proxima’
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 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 the common costs.

Detailed arrangements

regarding the participation of
6.
Third States shall be subject of an agreement,
in conformity
with Article 24 of the Treaty on European Union. The Secre-
tary-General/High Representative assisting the Presidency may
negotiate such arrangements on its behalf.

Article 10

Financial arrangements

The costs for the implementation of this Joint Action

1.
shall be:

(a) a maximum amount of EUR 7,3 million for start-up costs

of the mission;

The Political and Security Committee shall report to the

2.
Council at regular intervals.

(b) a maximum of EUR 650 000 for running costs for 2003,
including per diems of EUR 100 per person for 2003;

3.
The Political and Security Committee shall receive reports
by the Police Head of Mission regarding the conduct of the
mission at
and Security
Committee may invite the Police Head of Mission to its meet-
ings as appropriate.

intervals. The Political

regular

Article 9

Participation of third States

(c) a maximum of EUR 7,056 million for running costs for
2004, not including per diems, all to be financed out of the
Community budget.

The financing of per diems for 2003 out of the CFSP budget
shall not prejudge their amount and the modalities for their
financing for 2004 and following years.

The final amount for the year 2004, including the modalities of
financing per diems, shall be decided by the Council
in
December 2003.

1. Without prejudice to the decision-making autonomy of
the EU and the single institutional framework of the Union,
Acceding States are invited and other third States may be
invited to contribute to EUPOL ‘Proxima’ on the basis that they
bear the cost of sending the police officers and/or the interna-
tional civilian staff seconded by them, including salaries, allow-
ances and travel expenses to and from the Former Yugoslav
Republic of Macedonia, and contribute to the running costs of
EUPOL ‘Proxima’ as appropriate.

As regards expenditure financed out of the Community

2.
budget, the following shall apply:

(a) expenditure shall be managed in accordance with the
European Community rules and procedures applicable to
the budget, with the exception that any pre-financing shall
not remain the property of the Community. Nationals of
third States shall be allowed to tender for contracts;

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(b) the Head of the Planning Team/Police Commissioner shall
report fully to, and be supervised by, the Commission on
the activities undertaken in the framework of his contract.

The financial arrangements shall respect the operational
including compatibility of

3.
requirements of EUPOL ‘Proxima’,
equipment and interoperability of its teams.

The Secretary-General/High Representative is authorised
4.
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(1) of the Council
Rules of Procedure.

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, where appropriate, by relevant Community measures.

The Council also notes that coordination arrangements

2.
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 this Joint Action, 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.

The

Representative

Secretary-General/High

also
2.
authorised to release, in accordance with the operational needs
of the Mission, to the OSCE EU classified information and
documents up to the level ‘RESTREINT UE’ generated for the
purposes of the operation,
in accordance with the Council's
security regulations. Local arrangements will be drawn up for
this purpose.

is

3.
In the event of a specific and immediate operational need,
the Secretary-General/High Representative is also authorised to
release to the host State EU classified information and docu-
ments 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 in accordance
with procedures appropriate to the host State's level of coop-
eration with the European Union.

Article 13

Status of staff of EUPOL ‘Proxima’

1.
The status of EUPOL ‘Proxima’ staff in the Former Yugo-
slav Republic of Macedonia, including where appropriate the
privileges, immunities and further guarantees necessary for the
completion and smooth functioning of EUPOL ‘Proxima’ shall
be agreed in accordance with the procedure laid down in
Article 24 of the Treaty on European Union. The Secretary-
General/High Representative assisting the Presidency may
negotiate such arrangement on its behalf.

The State or Community institution having seconded a
2.
staff member shall be responsible for answering any claims
linked to the secondment,
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 adop-
tion and shall expire on 14 December 2004.

Article 15

Publication

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

Done at Brussels, 29 September 2003.

For the Council

The President

F. FRATTINI