Council Joint Action 2004/523/CFSP of 28 June 2004 on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS
Date: 2004-06-28
Institutions: Council of the European Union
Subjects: EU programme, EU relations, Georgia, international affairs, rule of law

29.6.2004

EN

Official Journal of the European Union

L 228/21

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

COUNCIL JOINT ACTION 2004/523/CFSP

of 28 June 2004

on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in
particular Article 14, Article 25, third paragraph and Article
26 thereof,

Mission in the context of ESDP in Georgia, stating that
appropriate arrangements with regard to the status and
the activities of the mission should be concluded. An
agreement will need to be concluded to this end
between the authorities of Georgia and the EU.

the

South Caucasus,

initiated a greater
The European Union (EU) has
engagement
the
towards
appointment of a European Union Special Representative
(EUSR) for this region already demonstrated. Through the
presence of the EUSR, the EU will continue to ensure
coordination of the efforts made by the international
community in Georgia and contribute
to ongoing
reform efforts by the new government.

as

(5)

In conformity with the guidelines of
the European
Council meeting at Nice on 7 to 9 December 2000,
the
Joint Action should determine the role of
this
Secretary General/High Representative
in
(SG/HR)
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 Political
and Security Committee (PSC), in accordance with Article
25 of the TEU.

(6)

In the context of this mission and in view of its limited
size, only EU Member States shall participate.

The EU aims to support the transition process in Georgia
through the full range of EU instruments, including the
Partnership and Cooperation Agreement, which is being
implemented through a number of EC programmes in
Georgia. In the field of the rule of law, the new Georgian
Government has taken some decisive steps since coming
to power. The EU is willing to help Georgia in its further
progress and is committed in particular to continue to
assist the new government in its efforts to bring local
standards with regard to rule of law closer to interna-
tional and EU standards,
in full and close cooperation
with other international actors, in particular the OSCE.

(7)

for

reference amount

Article 14(1) of the TEU calls for the indication of a
financial
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,

The security situation in Georgia is stable but may dete-
riorate with potentially serious repercussions on regional
and international
security and the strengthening of
democracy and the rule of law. A commitment of EU
political effort and resources will help to embed stability
in the region.

(4)

On 3 June 2004, the Prime Minister of Georgia, Mr
invited the EU to deploy an EU Rule of Law
Zhvania,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

The European Union hereby establishes an EU Rule of
1.
Law Mission in Georgia,
in the context of ESDP, EUJUST
THEMIS, comprising a planning phase beginning no later than
1 July 2004 and an operational phase beginning no later than
15 July 2004.

Whereas:

(1)

(2)

(3)

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EUJUST THEMIS shall operate in accordance with the
2.
objectives and other provisions as contained in the mission
statement set out in Article 2.

— the Prosecutor General’s Office,

— the Public Defender’s Office.

Article 2

Mission statement

1.
EUJUST THEMIS, shall, in full coordination with, and in
complementarity to, EC programmes, as well as other donors'
programmes, assist in the development of a horizontal govern-
mental strategy guiding the reform process for all relevant
stakeholders within the criminal
including the
establishment of a mechanism for coordination and priority
setting for the criminal justice reform.

justice sector,

The exact deployment will depend on a more detailed
2.
needs assessment at
to be
the beginning of
carried out in close coordination with the Georgian authorities
as well as the Commission and international donors.

the mission,

Article 4

Head of Mission and mission experts

2. Within its means and capabilities, EUJUST THEMIS more
specifically could:

The Head of Mission shall

1.
assume
management of EUJUST THEMIS activities
responsible for staff and disciplinary matters.

the day-to-day
and shall be

(a) Provide urgent guidance for the new criminal justice reform

strategy;

(b) Support

the overall coordinating role of

the relevant
judicial reform and

Georgian authorities in the field of
anti-corruption;

(c) Support the planning for new legislation as necessary, e.g.

Criminal Procedure Code;

secondarily:

(d) Support the development of international as well as regional

cooperation in the area of criminal justice.

3.
EUJUST THEMIS shall help develop an overall policy and
improve top-level planning and performance capabilities in the
areas identified as requiring urgent assistance.

Article 3

Structure

EUJUST THEMIS shall,

1.
follows:

in principle, be structured as

(a) mission Head Office in Tbilisi, composed of the Head of the
Mission and staff as defined in the Operation Plan (OPLAN);

(b) experts co-located,

for

instance, at

the following key

positions within the Georgian authorities:

— the Prime Minister’s Office,

— the Ministry of Justice,

— the National Security Council,

— the Council of Justice,

The Head of Mission shall sign a contract with the

2.
Commission.

All mission experts in the EUJUST THEMIS staff shall
3.
remain under the authority of
the appropriate EU Member
State or institution and shall carry out their duties and act in
the interest of the mission. Both during and after the mission,
the mission experts shall exercise the greatest discretion with
regard to all facts and information relating to the mission.

Article 5

Planning phase

1.
During the planning phase of the mission, a planning
team shall be established and shall comprise the Head of
Mission, who shall lead the planning team, and the necessary
staff to deal with functions ensuing from the needs of the
mission.

2.
A comprehensive situation assessment will be carried out
as a priority in the planning process and may be updated as
necessary.

3.
The planning team shall draw up an OPLAN and develop
all technical instruments necessary to execute EUJUST THEMIS.
The OPLAN will take into account the comprehensive situation
assessment. The Council shall approve the OPLAN.

4.
The planning team shall work in close coordination with
relevant international actors including the OSCE, the Council of
Europe and bilateral donors.

Article 6

Staff

1.
The numbers and competences of EUJUST THEMIS staff
shall be consistent with the mission statement set out in Article
2 and the structure set out in Article 3.

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2. Mission experts shall be seconded by EU Member States or
institutions. The period of secondment should be one year. Each
Member State shall bear the costs related to the mission experts
seconded by it, including salaries, medical coverage, allowances
other than per diems and travel expenses to and from Georgia.

International staff and local staff shall be recruited on a

3.
contractual basis by EUJUST THEMIS as required.

Article 7

Status of staff

1.
The status of EUJUST THEMIS staff in Georgia, including
where appropriate the privileges, immunities and further guar-
antees necessary for the completion and smooth functioning of
EUJUST THEMIS shall be agreed in accordance with the
procedure laid down in Article 24 of the TEU. The SG/HR,
assisting the Presidency, may negotiate such arrangement on
its behalf.

2.
The EU Member State or institution having seconded a
staff member shall be responsible for answering any claims
from or concerning the staff
linked to the secondment,
institution in question
member. The EU Member State or
the
shall be responsible for bringing any action against
secondee.

Article 8

Chain of command

1.
The structure of EUJUST THEMIS, as part of the broader
EU Rule of Law approach in Georgia, shall have a unified chain
of command, as a crisis management operation.

2.

The EUSR shall report to the Council through the SG/HR.

mission. The Council hereby authorises the PSC to take the
relevant decisions in accordance with Article 25 of the TEU.
This authorisation shall include the powers to appoint, upon a
proposal by the SG/HR, a Head of Mission, and to amend the
OPLAN and the Chain of Command. The powers of decision
with respect to the objectives and termination of the operation
shall remain vested in the Council, assisted by the SG/HR.

2.

PSC shall report to the Council at regular intervals.

The PSC shall receive reports by the Head of Mission
3.
regarding the conduct of the mission, at regular intervals. The
PSC may invite the Head of Mission to its meetings as appro-
priate.

Article 10

Financial arrangements

The financial reference amount

1.
expenditure related to the mission shall be EUR 2 050 000.

intended to cover the

2.
The expenditure financed by the amount stipulated in
paragraph 1 shall be managed in accordance with the
procedures and rules applicable to the general budget of the
European Union 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.

The Head of Mission shall

3.
fully to, and be
supervised by, the Commission on the activities undertaken in
the framework of his contract.

report

The PSC shall provide the political control and strategic

3.
direction.

The financial arrangements shall respect the operational
including compatibility of

4.
requirements of EUJUST THEMIS,
equipment.

The Head of Mission shall

4.
assume its day-to-day management.

lead EUJUST THEMIS and

The Head of Mission shall report to the SG/HR through

5.
the EUSR.

The SG/HR shall give guidance to the Head of Mission

6.
through the EUSR.

Article 9

Political control and strategic direction

Expenditure shall be eligible as of the date of entry into

5.
force of this Joint Action.

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 instruments.

1.
Council,

The PSC shall exercise, under the responsibility of the
the
the political control and strategic direction of

The Council also notes that coordination arrangements are

2.
required in Tbilisi as well as in Brussels.

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Article 12

It shall expire on 14 July 2005.

Release of classified information

The SG/HR is authorised to release to the host state, the OSCE
and the Council of Europe, and the UN, as appropriate and in
accordance with the operational needs of the Mission, EU clas-
sified 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.

Article 13

Entry into force

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

its

Article 14

Publication

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

Done at Luxembourg, 28 June 2004.

For the Council

The President

M. CULLEN