Council Joint Action 2004/494/CFSP of 17 May 2004 on European Union support to the establishment of the Integrated Police Unit in the Democratic Republic of the Congo (DRC)
Date: 2004-05-17
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, financial aid, non-refundable aid, peacekeeping, police cooperation, the EU's international role

19.5.2004

EN

Official Journal of the European Union

L 182/41

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

COUNCIL JOINT ACTION 2004/494/CFSP

of 17 May 2004

on European Union support to the establishment of the Integrated Police Unit in the Democratic
Republic of the Congo (DRC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 14 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

the Council adopted Common
On 26 January 2004,
Position 2004/85/CFSP concerning conflict prevention,
management and resolution in Africa (1).

The European Union,
through Operation Artemis
conducted in the DRC during 2003 under Joint Action
2003/423/CFSP of 5 June 2003 on the EU Military
Operation in the Democratic Republic of the Congo (2),
has already taken concrete steps to contribute to the re-
establishment of security within the DRC.

On 14 December 2000,
the Council adopted Joint
Action 2000/792/CFSP (3) appointing Mr Aldo Ajello as
the Special Representative of the European Union for the
African Great Lakes Region, and repealing Joint Action
96/250/CFSP. The Joint Action was last amended and
extended
of 8
December 2003 (4).

Joint Action 2003/869/CFSP

by

The Council on 29 September 2003 adopted Common
Position 2003/680/CFSP (5) amending Common Position
2002/829/CFSP on the supply of certain equipment to
the Democratic Republic of the Congo.

The global and all-inclusive Agreement on the transition
in the Democratic Republic of
the Congo, signed in
Pretoria on 17 December 2002 and the Memorandum
on Security and the Army of 29 June 2003 provided for
the establishment of an Integrated Police Unit (IPU).

On 28 July 2003 the United Nations Security Council
adopted Resolution 1493 (2003) in which it expresses
satisfaction at the promulgation, on 4 April 2003, of the
Transitional Constitution in the Democratic Republic of
the Congo and at the formation, announced on 30 June

2003, of the Government of National Unity and Tran-
sition. It also encourages donors to support the estab-
lishment of an integrated Congolese police unit and
approves the provision by the United Nations Organi-
the
sation Mission in the Democratic Republic of
that
assistance
the
Congo (MONUC) of
might be needed for its training.

additional

The current security situation in the DRC may deteriorate
with potentially serious repercussions on the process of
strengthening of democracy, the rule of law and interna-
security. A commitment of EU
tional and regional
political
and resources will help to embed
stability in the region.

effort

the government of

On 20 October 2003,
the DRC
addressed an official request to the High Representative
for the CFSP for European Union assistance in setting up
the IPU, which should contribute to ensuring the
protection of
the State institutions and reinforce the
internal security apparatus.

The Commission has adopted a financing decision on the
European Development Fund (EDF) for a project which
includes technical assistance, rehabilitation of the training
centre and the provision of equipment for the IPU (with
the exception of arms and anti-riot equipment), as well as
adequate training.

(7)

(8)

(9)

(10) As a prerequisite to the training of the IPU and to its
functioning later on, EU Member States have agreed to
In
provide contributions, either financially or in kind.
addition to the Member
the
European Union will offer financial assistance for the
setting up of the IPU from the EU Budget.

contributions,

State

(11) All these contributions and assistance should be subject
to conditions on use regarding notably auditing, account-
ability
down in a
Memorandum of Understanding between the contri-
butors and the DRC.

traceability

to be

and

laid

(1) OJ L 21, 28.1.2004, p. 25.
(2) OJ L 143, 11.6.2003, p. 50.
(3) OJ L 318, 16.12.2000, p. 1.
(4) OJ L 326, 13.12.2003, p. 37.
(5) OJ L 249, 1.10.2003, p. 64.

(12)

The Council may decide that the EDF project and the
provision of
law enforcement equipment, arms and
ammunition to the IPU as appropriate be followed by
an European Security
(ESDP)
component for monitoring, mentoring and advising,

and Defence Policy

L 182/42

EN

Official Journal of the European Union

19.5.2004

HAS ADOPTED THIS JOINT ACTION:

Article 1

The European Union shall support

the process of the
1.
consolidation of
internal security in the DRC, which is an
essential factor for the peace process and the development of
the country, through assistance to the setting up of an Inte-
grated Police Unit (IPU) in Kinshasa.

2.
To that end, and in addition to the EDF funded activities,
the European Union and its Member States will contribute with
funds and/or contributions in kind to provide the government
of the DRC with the law enforcement equipment, arms and
ammunition as set out in Annex I,
including transport costs
to Kinshasa where relevant, identified as necessary for the estab-
lishment of the IPU.

Article 2

1.
For the purpose mentioned in Article 1, and subject to
certain conditions, notably that solid guarantees are put in place
for auditing, accountability and traceability of the law enfor-
cement equipment, arms and ammunition:

(a) Member States have agreed to provide contributions;

(b) the European Union shall provide financial assistance to the
DRC government in addition to the contributions provided
by the Member States, which will take the form of a grant.

2.
The maximum degree of consistency possible shall be
sought with regard to the conditions applied to the contri-
butions and assistance provided for in paragraph 1.

Article 3

1.
A Memorandum of Understanding shall be prepared by
the Commission's technical assistance team in Kinshasa, in close
consultation with contributing Member States, regarding the
the contributions referred to in
conditions for the use of
Article 2(1)(a).
the
DRC, on the one hand, and by the Presidency, on the other
hand.

It will be signed by the government of

which the financial assistance by the EU is transmitted to
the DRC government. A triple signatory arrangement would
apply (government of the DRC, Technical Assistant/police
head of project and the acting EU Presidency). Purchases
made with these funds would formally be purchases made
by the government of the DRC;

— that all in kind contributions by the Member States shall be
the DRC
the purposes

provided to, and become the property of,
government and shall be used solely for
stated in Article 1;

— that the Technical Assistant/police head of project will assist
Member States that have agreed to make contributions in
kind by providing all practical
information necessary to
smoothly channel those contributions to the DRC Ministry
of the Interior;

— that a local Steering Committee, comprised of the Technical
the
Assistant/police head of project,
Presidency, contributing Member States, the Commission,
DRC Ministry of the Interior and MONUC, shall be set up
to ensure overall follow-up. It shall in particular supervise
compliance with the provisions of
the Memorandum of
Understanding. The DRC Ministry of Interior shall remain
responsible for project implementation.

representatives of

Article 4

shall closely monitor

the contributions
in particular,

The Technical Assistant/police head of project, appointed by the
Commission on the basis of a proposal made by the Member
the use made by the DRC
States,
to which Article 2(1)(a)
government of
refers. He/she shall
in close coordination with
the DRC authorities, ensure compliance with the conditions
in the Memorandum of Understanding,
set out
including
those
traceability. The
accountability
Technical Assistant/police head of project shall make regular
reports to the acting Presidency and the Steering Committee
referred to in Article 3(2).

on auditing,

and

Article 5

The Memorandum of Understanding will

2.
stipulate:

in particular

The financial reference amount for the financial assistance

1.
referred to in Article 2(1)(b) shall be EUR 585 000.

— conditions

for auditing, accountability and traceability,
including safe storage, of Member State contributions as
set out in Annex II, which will be no less stringent than
those applicable to the financing agreement referred to in
Article 5(2);

— that conditions for operating and managing these funds,
including procurement, shall as far as possible be the
same as for the grant referred in Article 5(2);

— that all financial contributions shall be made directly to the
DRC Ministry of the Interior, to the same bank account into

2.
The Commission shall be entrusted with the implemen-
tation of the grant referred to in Article 2(1)(b). To that end, it
shall conclude a financing agreement with the government of
the DRC.

The management of

the expenditure financed by the
3.
to the
specified in paragraph 1 shall be subject
amount
Community procedures and rules applicable to the general
budget of the European Union, with the exception that any
remain
pre-financing
the
not
Community. Nationals of
third States shall be allowed to
tender contracts.

property

shall

the

of

19.5.2004

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Official Journal of the European Union

L 182/43

Article 6

The Presidency and the Commission will report regularly to the
Council through the latter's relevant bodies,
in particular the
Political and Security Committee, on the implementation of
the
Joint Action, and especially on the activities of
this
steering committee.

In the political implementation of this Joint Action, the acting
Presidency in Kinshasa will be closely supported by the
Commission.

The EU Special Representative will be informed regarding devel-
opments of this project.

Article 7

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

its

It shall be reviewed at the end of the EDF project or at any
other moment as appropriate.

Article 8

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

Done at Brussels, 17 May 2004.

For the Council
The President

B. COWEN

L 182/44

EN

Official Journal of the European Union

19.5.2004

INDICATIVE LIST OF LAW ENFORCEMENT EQUIPMENT, ARMS AND AMMUNITION REFERRED TO IN
ARTICLE 1

ANNEX I

The following list is indicative: some additions or substitutions may be necessary.

Law enforcement equipment

Riot helmets

Deflective shields

Riot boots

Shinguards

Shoulder pads (pairs)

Deflective arm protectors

Batons

Baton holders

Belts

Handcuffs

Masks

Riot clothing (set)

Grenade pouches

Plastic handcuffs

Extinguishers

Arms

Automatic pistols

Sub machine guns

Riot Guns

Grenade launcher (rifle)

Ammunition (per unit)

Tear smoke cartridges

Rifle grenades

Hand grenades

9mm ammunition

Other

Briefcases

Binoculars

Conspicuity vests (traffic)

Whistles

Compasses

Protective jackets

1 008

240

1 008

950

950

950

1 008

1 008

1 008

1 000

950

1 008

193

1 000

100

1 008

300

100

100

2 000

5 000

5 000

500

200

116

200

1 008

1 000

400

19.5.2004

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Official Journal of the European Union

L 182/45

CONTRIBUTIONS BY THE MEMBER STATES REFERRED TO IN ARTICLE 3(2)

ANNEX II

1.

2.

The following Member States have agreed to make contributions in kind: Belgium, Germany and Hungary.

The following Member States have agreed to make financial contributions: The Netherlands, the UK, Sweden (1),
Luxembourg, Ireland and Denmark.

3. Member States have agreed to make contributions, whether financial or in kind, subject to the condition that solid

guarantees are put in place to ensure:

(a)

full compliance with Member State and EU procedures and obligations relevant to the export of law enfor-
cement equipment, arms and ammunition;

(b) full traceability of all law enforcement equipment, arms and ammunition provided to the IPU. All law enfor-
cement equipment, arms and ammunition, donated or purchased with financial contributions, shall be listed in a
continually updated inventory, including serial numbers. All law enforcement equipment, arms and ammunition
shall be traceable for the entire duration of the project. All law enforcement equipment, arms and ammunition
provided shall be for the use of the IPU alone, and must not be diverted to any other unit or non-police group
or user or re-exported;

(c)

the strictest accountability for all
funds and law enforcement equipment, arms and ammunition. The
government of the DRC shall account fully for the use of Member States' contributions, both financial or in
kind, for the sole purpose described in Article 1;

(d) the proper and effective auditing of expenditure. An independent auditor shall certify that funds are used for the

purpose described in Article 1.

4.

The Danish financial contribution shall be subject to the additional condition that it shall be used in accordance
with OECD DAC Guidelines for Development Assistance and will be reported to the DAC Committee as official
Danish Development Assistance.

(1) Subject to necessary national procedures.