2003/834/EC: Council Decision of 17 November 2003 creating a team to prepare for the establishment of the agency in the field of defence capabilities development, research, acquisition and armaments
Date: 2003-11-17
Institutions: Council of the European Union
Subjects: EU office or agency, arms trade, defence policy, military equipment, military research, staff

3.12.2003

EN

Official Journal of the European Union

L 318/19

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 November 2003

creating a team to prepare for the establishment of the agency in the field of defence capabilities
development, research, acquisition and armaments

THE COUNCIL OF THE EUROPEAN UNION,

(4)

(2003/834/EC)

Having regard to the Treaty on European Union, in particular
Article 28(1) thereof,

Having regard to the Treaty establishing the European Com-
munity, in particular Article 207(2), thereof,

Whereas:

(1)

(2)

On 19 and 20 June 2003, the European Council of
‘tasked the appropriate bodies of
Thessaloniki
the
to undertake the necessary actions towards
Council
creating,
in the course of 2004, an intergovernmental
agency in the field of defence capabilities development,
research, acquisition and armaments’, to be set up under
the Council's authority and open to participation by all
Member States.

the

The draft treaty establishing a Constitution for Europe
elaborated by the European Convention, as presented
during the European Council at Thessaloniki, provides
for
establishment of a European Armaments,
Research and Military Capabilities Agency to identify
operational requirements, to promote measures to satisfy
those requirements,
to contribute to identifying and,
where appropriate,
implementing any measure needed
to strengthen the industrial and technological base of the
defence sector, to participate in defining a European
capabilities and armaments policy, and to assist
the
Council
in evaluating the improvement of military
capabilities.

(3)

By Decision 2003/664/EC (1) the Committee of Perma-
nent Representatives set up an ad hoc preparation group
to carry out work towards the creation of the agency.

(1) OJ L 235, 23.9.2003, p. 22.

A preparatory team of experts should be set up in order
to carry out further preparatory work for the establish-
ment of the agency,
in accordance with the Council
conclusions of 17 and 18 November 2003 and the
the
report annexed thereto;
Council and its competent bodies in their work towards
the establishment of the Agency,

this team will support

HAS DECIDED AS FOLLOWS:

Article 1

An Agency Establishment Team (AET) to prepare the condi-
tions for the operational setting-up and working of the agency
in the field of defence capabilities development, research, acqui-
sition, and armaments
is hereby created. The mandate,
including the mission and the composition of the AET, is set
out in the Annex to this decision.

Article 2

The AET will be part of the General Secretariat of the Council.
It will be set up by the Secretary-General/High Representative
(SG/HR) and will work under his authority.

Article 3

National experts for the AET will be seconded from Member
States and Acceding States to the Council Secretariat. The selec-
tion procedure and criteria are set out in the Annex.

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Article 4

Article 6

1. Member States and the Acceding States will cover the
salaries and the entitlements of their national experts seconded
to the Council and participating in the AET.

Seconded EU officials will

2.
Institution.

remain paid by

their

3.
The running and administrative costs of the AET will be
covered by the General Secretariat of the Council as a contribu-
tion in kind.

Article 5

The national experts seconded from Member States and the
Acceding States shall be covered by Council Decision 2003/
479/EC of 16 June 2003 concerning rules applicable to
national experts and military staff on secondment
to the
General Secretariat of the Council (1), without prejudice to the
this
financial arrangements provided under Article 4 of
Decision.

The mandate of the AET will end once the Agency starts func-
tioning, or on 31 December 2004, whichever is the earliest.

Article 7

This Decision shall take effect on the day of its adoption. It
shall be published in the Official Journal of the European Union.

Done at Brussels, 17 November 2003.

For the Council

The President

F. FRATTINI

(1) OJ L 160, 28.6.2003, p. 72.

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ANNEX

THE AGENCY ESTABLISHMENT TEAM MANDATE

1. The Agency Establishment Team (AET) will prepare the conditions for the operational setting up and working of the
future Agency, on the basis of the report attached to the Council Conclusions. The AET will support the Council and
its competent bodies in their work towards the establishment of the Agency. The AET will take forward work on:

— the financial, legal and administrative aspects (including budget and staff) of the setting up of the Agency and its

internal organisation,

— the establishment of the Agency, in particular regarding its missions in the field of defence capabilities develop-

ment, research, acquisition and armaments.

2. The Team will start functioning in January 2004. The AET exercises its mission under the political supervision of the
Council, from which it receives guidance. Within this framework, the Head of the Team regularly reports to the
Coreper and the PSC, through the ad hoc preparation group, on progress in the Team's work. The AET draws on the
expertise of the EU Military Committee through the PSC and, in a way to be defined, the EU National Armament
Directors.

3. The team will submit proposals by the end of April 2004 to the Council through the ad hoc preparation group, with
a view to the adoption of the necessary decisions by the Council by June 2004. These will include the administrative
its financial framework and a draft outline of its first operational
and logistical aspects of the future Agency,
programme. The AET will have accomplished its mandate once the Agency starts functioning, or on 31 December
2004, whichever is the earliest.

4. The Team is not a Council preparatory body.

MISSION OF THE AET

5. The AET is to prepare, by the end of April 2004, on the basis of the report annexed to the Council Conclusions of

17 and 18 November 2003:

(a) a comprehensive plan for the establishment of the Agency, covering:

— the Agency's structure and organisation,
— the internal working methods and procedures to be adopted by the Agency to discharge its functions and

tasks,

— proposals for its working relations with Council bodies and the Commission,
— proposals for appropriate relationships, and plans for their development, with OCCAR, WEAG/WEAO, L.o.I,
— budgetary, administrative and staffing arrangements (including draft TORs of key bodies and appointments, as

necessary),

— a draft outline for a first operational programme in the following fields: defence capabilities development;
armaments cooperation; strengthening of defence industrial and technological base; creation of a competitive
European defence equipment market and promotion of research,

— a detailed timetable and roadmap for implementation.

(b) elements for a draft Joint Action establishing the Agency.

HEAD AND COMPOSITION OF THE AET

The composition of the Team should reflect the four fields of activity of the Agency as mentioned in the Thessaloniki
European Council Conclusions.

The Team will be headed by a Team leader appointed by the SG/HR after consultations with the Council and the
Commission from candidates proposed by Member States, acceding States and the EU institutions. These candidates
should have sound experience and expertise in the field of defence capabilities development, research, acquisition and
armaments, as well as a good knowledge of the functioning of the EU, in particular the CFSP and ESDP.

The Team will be composed of:

— national experts seconded by Member States and acceding States to the Council Secretariat according to specific

requirements of the mission,

— officials of the European institutions.

The Commission will second one or more officials to the Team.

The members of the team will be chosen by the SG/HR in consultation with the Team leader, on the broadest possible
geographical basis and will act in an international capacity.

In all cases, recruitment will be directed to securing for the Team the services of staff of the highest standard of ability
and efficiency.