2004/570/CFSP: Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina
Date: 2004-07-12
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, EU military mission, EU-NATO cooperation, appointment of members, military cooperation, military intervention, peacekeeping

L 252/10

EN

Official Journal of the European Union

28.7.2004

COUNCIL JOINT ACTION 2004/570/CFSP

of 12 July 2004

on the European Union military operation in Bosnia and Herzegovina

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and,
in
particular, Article 14, Article 25, third paragraph, Article 26
and Article 28(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

The European Council has announced the readiness of
the European Union for an ESDP mission in Bosnia and
Herzegovina (BiH), including a military component.

The General Framework Agreement for Peace (GFAP) in
inter alia, arrangements for establishing a
BiH foresees,
multinational military implementation force.

The Council adopted on 12 July 2004 Joint Action
2004/569/CFSP (1) on the mandate of
the European
Union Special Representative in Bosnia and Herzegovina.
The EU Special Representative (EUSR)
in BiH will
promote overall EU political coordination in BiH.

The Council adopted on 11 March 2002 Joint Action
2002/210/CFSP (2) on the European Union Police
Mission (EUPM), to build and strengthen local policing
capacity, especially at State level and in the fight against
organised crime.

(5)

On 26 April 2004 the Council approved the general
including a
concept
military component.

for an ESDP mission in BiH,

(7)

(8)

(9)

The NATO Summit Meeting of Heads of State and
Government
in Istanbul on 28 to 29 June 2004
decided to conclude NATO's SFOR operation in Bosnia
and Herzegovina by the end of 2004.

United Nations Security Council Resolution 1551 (2004),
adopted on 9 July 2004, welcomed the European Union's
intention to launch an EU mission to Bosnia and Herze-
govina, including a military component, from December
2004, under the terms set out in the letter of 29 June
2004 from the Minister of Foreign Affairs of Ireland and
President of the Council of the European Union to the
Presidency of the Security Council. The United Nations
Security Council further decided that the status of forces
agreements currently contained in Appendix B to Annex
1.A of the Peace Agreement shall apply provisionally in
to the proposed EU mission and its forces,
respect
their build-up in Bosnia
including from the point of
and Herzegovina, in anticipation of the concurrence of
the parties to those agreements to that effect.

The Council has agreed that the EU military operation
should provide deterrence, continued compliance with
the responsibility to fulfil the role specified in Annexes
1.A and 2 of the GFAP in BiH and contribute to the safe
and secure environment,
in line with its mandate,
required to achieve core tasks in the Office of the High
Representative's Mission Implementation Plan and the
Stabilisation and Association Process (SAP).

(10)

The operation should reinforce the EU's comprehensive
approach towards BiH, and support BiH's progress
towards EU integration by its own efforts, with the
objective of the signing of a Stabilisation and Association
Agreement as a medium-term objective.

(6)

On 17 to 18 June 2004 the European Council adopted a
comprehensive policy towards BiH.

(1) See page 7 of this Official Journal.
(2) OJ L 70, 13.3.2002, p. 1.

(11)

The EU military operation should have full authority,
exercised through its force commander,
to
fulfil the role specified in Annexes 1.A and 2 of the
GFAP in BiH to monitor implementation of military
aspects of the GFAP, and to assess and address non-
compliance by the Parties.

in order

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Official Journal of the European Union

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in BiH,

In addition to contacts already established in relation to
EU's activities
the European Union should
maintain close consultations with the BiH authorities,
in particular with the Minister of Defence, regarding
the conduct of the EU military operation.

(19)

(12)

(13)

(14)

(15)

laid

relevant provisions

Consultations with NATO will proceed in accordance
down in the
with the
17 March 2003 Exchange of Letters between the
Secretary-General/High
and
NATO Secretary-General. In a subsequent Exchange of
Letters on 30 June and 8 July 2004 respectively, the
North Atlantic Council has agreed to make available
DSACEUR as EU Operation Commander
and has
agreed that the EU Operation Headquarters should be
located at SHAPE.

Representative

(SG/HR)

should
The Political and Security Committee (PSC)
exercise political
strategic
direction to the EU military operation in BiH and take
the relevant decisions in accordance with Article 25,
third paragraph of the Treaty on European Union.

and provide

control of

the European
In conformity with the guidelines of
Council meeting at Nice on 7 to 9 December 2000,
this
the
Joint Action should determine the role of
SG/HR in accordance with Articles 18 and 26 of the
Treaty on European Union in the implementation of
control
measures
and
falling within the political
strategic direction exercised by the PSC,
in accordance
with Article 25 of the Treaty on European Union.

(16)

Third States
should participate in the EU military
operation in accordance with the guidelines laid down
by the European Council.

(17)

the Treaty on
In accordance with Article 28(3) of
European Union,
the operational expenditure arising
from this Joint Action, having military or defence impli-
cations, should be charged to the Member States in
accordance with Council Decision 2004/197/CFSP of
23 February 2004 establishing
a mechanism to
administer
the common costs of
European Union operations having military or defence
implications (1) (hereafter referred to as ‘ATHENA’).

the financing of

(18) Article 14(1) of the Treaty on European Union calls for
the indication in joint actions of the means to be made
available to the Union. The financial reference amount
for the common costs of
the EU military operation
constitutes the best current estimate and is without
prejudice to the final figures that shall be included in a
budget to be approved in accordance with the principles
laid down in ATHENA.

(1) OJ L 63, 28.2.2004, p. 68.

In conformity with Article 6 of the Protocol on the
position 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 impli-
cations. Denmark does not participate in the implemen-
tation of this Joint Action and therefore does not parti-
cipate in the financing of the operation,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

Subject to a further decision by the Council to launch the
1.
operation, once all relevant decisions have been made,
the
European Union shall conduct a military operation in Bosnia
and Herzegovina (BiH) named ‘ALTHEA’
in order to provide
deterrence, continued compliance with the responsibility to
fulfil the role specified in Annexes 1.A and 2 of the General
in BiH and to
Framework Agreement
contribute to a safe and secure environment in BiH,
in line
with its mandate, required to achieve core tasks in the OHR's
Mission Implementation Plan and the SAP. This operation shall
be part of the overall ESDP mission in BiH.

for Peace (GFAP)

The forces deployed to this effect

shall operate in
2.
accordance with the general concept approved by the Council.

The EU military operation shall be carried out with
3.
recourse to NATO common assets and capabilities, on the
basis agreed with NATO.

Article 2

Appointment of the EU Operation Commander

Admiral Rainer FEIST, Deputy Supreme Allied Commander for
Europe
is hereby appointed EU Operation
Commander.

(D-SACEUR),

Article 3

Designation of the EU Operational Headquarters

EU Operational Headquarters shall be located at the Supreme
Headquarters of Allied Powers in Europe (SHAPE).

Article 4

Designation of the EU Force Commander

Major General A. David LEAKEY is hereby appointed EU Force
Commander.

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Article 5

Planning and launching of the Operation

Article 8

Military direction

The Council shall decide on the launching of the EU military
operation following the approval of the Operation Plan and the
Rules of Engagement and any necessary further decisions.

The EU Military Committee (EUMC) shall monitor the
the EU military operation conducted

1.
proper execution of
under the responsibility of the EU Operation Commander.

Article 6

Political control and strategic direction

to amend the planning documents,

Under the responsibility of the Council, the PSC shall
1.
exercise the political control and strategic direction of the EU
military operation. The Council hereby authorises the PSC to
take the relevant decisions in accordance with Article 25 of the
Treaty on European Union. This authorisation shall include the
including the
powers
Operation Plan,
the Chain of Command and the Rules of
Engagement. This authorisation shall also include the powers
to take further decisions on the appointment of
the EU
Operation Commander and/or EU Force Commander. The
powers of decision with respect to the objectives and termi-
nation of the EU military operation shall remain vested in the
Council, assisted by the SG/HR.

2.

The PSC shall report to the Council at regular intervals.

3.
The PSC shall receive reports from the Chairman of the
European Union Military Committee (CEUMC) regarding the
conduct of the EU military operation, at regular intervals. The
PSC may invite the EU Operation Commander and/or EU Force
Commander to its meetings, as appropriate.

Article 7

Coherence of EU response

1.
The operation shall be part of a closely coordinated EU
presence in BiH. The Council shall ensure the maximum
coherence and effectiveness for the EU effort in BiH. Without
prejudice to Community competence, the EUSR shall promote
overall EU political coordination in BiH. The EUSR shall chair a
coordination group composed of all EU actors present in the
field, including the EU Force Commander, with a view to coor-
dinating the implementation aspects of the EU's action.

The EU Force Commander shall, without prejudice to the
2.
chain of command,
take EUSR local political advice into
account, especially with regard to matters for which the EUSR
has a particular or stated role, and shall, within his/her mandate,
endeavour to take into account any request from the EUSR.

The EUMC shall receive reports from the EU Operation
2.
Commander at regular intervals. It may invite the EU Operation
Commander and/or EU Force Commander to its meetings as
necessary.

The CEUMC shall act as the primary point of contact with

3.
the EU Operation Commander.

Article 9

Relations with BiH

The SG/HR and the EUSR in BiH, within their respective
mandates, shall act as primary points of contact with the autho-
rities of BiH for matters relating to the implementation of this
regularly and
Joint Action. The Presidency shall be kept
promptly
EU Force
in
Commander shall maintain contact with local authorities,
close coordination with the EUSR, on issues relevant to his
mission.

informed on these

contacts. The

Article 10

Coordination and liaison

to the

chain of

the EU
Without prejudice
Commanders shall coordinate closely with the EUSR in BiH
the EU military
with a view to ensure
the EU activities in
operation with the broader context of
BiH. Within that framework, the EU Commanders shall
liaise
with other international actors in the area as appropriate.

consistency of

command,

Article 11

Participation of third States

European Union

1. Without prejudice to the decision-making autonomy of
the
Institutional
Framework, and in accordance with the relevant guidelines of
the European Council:

Single

and

the

to

— the non-EU European NATO members and Canada shall
participate in the EU military operation if they so wish,

— countries which are

accession to the
candidates
European Union may be invited to participate in the EU
military operation in accordance with the agreed modalities,

for

The EU Force Commander shall liaise, as appropriate, with

3.
the EUPM.

— potential partners and other third states may also be invited

to participate in the operation.

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The Council hereby authorises the PSC to take, upon the
2.
recommendation of
the EU Operation Commander and the
EUMC, the relevant decisions on acceptance of the proposed
contributions.

3.
Detailed arrangements regarding the participation of third
states shall be the subject of an agreement, in conformity with
Article 24 of
the Treaty on European Union. The SG/HR,
assisting the Presidency, may negotiate such arrangements on
its behalf. Where the EU and a third state have concluded an
agreement establishing a framework for the participation of this
third state in the EU crisis management operations,
the
provisions of such an agreement shall apply in the context of
this operation.

Third States making significant military contributions to
4.
the EU military operation shall have the same rights and obli-
gations in terms of day-to-day management of the operation, as
EU Member States taking part in the operation.

5.
The Council hereby authorises the PSC to take relevant
decisions on the setting-up of a Committee of Contributors,
should third states provide significant military contributions.

Article 12

Financial arrangements

The common costs of the EU military operation shall be

1.
administered by ATHENA.

2.

For the purposes for this EU military operation:

Article 13

Relations with NATO

1.
Relations with NATO shall be conducted in accordance
with the relevant provisions laid down in the 17 March 2003
Exchange of Letters between the Secretary-General/High Repre-
sentative and the NATO Secretary-General.

The entire chain of command of

2.
the EU Force shall
remain under the political control and strategic direction of
the EU throughout the EU military operation, after consultation
between the EU and NATO. Within this framework, the EU
Operation Commander shall report on the conduct of
the
operation to EU bodies only. NATO shall be informed of devel-
opments in the situation by the appropriate bodies, in particular
the PSC and CEUMC.

Article 14

Release of information to NATO and to third States

1.
The SG/HR is hereby authorised to release to NATO and
to third parties, associated with this Joint Action, EU classified
information and documents generated for the purposes of the
EU military operation, in accordance with the Council Security
Regulations.

2.
The SG/HR is hereby authorised 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.

— barracks and lodging for the forces as a whole shall not be

eligible for payment as common costs,

Article 15

Community action

— expenditure related to transportation for the forces as a
whole shall not be eligible for payment as common costs.

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

3. Without prejudice to the financing of any future operation
and in view of the specific requirements of the establishment of
this operation,
the Force
Generation Process, consider the issue of the financing of Multi-
national Task Force North.

the Council may,

in the light of

Article 16

Review process

As part of the EU mission review process, a six-monthly

1.
review shall be held

The financial reference amount for the common costs of

4.
the EU military operation shall be 71 700 000 EUR.

5.
Procurement procedures for the EU military operation
shall be open to tenderers from the EU Member States contri-
buting to the financing of the operation.

— to enable the PSC to determine,

taking account of

the
security situation and of advice from HR/EUSR and from
the EU Force Commander through the Chain of Command,
and following EUMC military advice, any changes to be
made to the size, mandate and tasks of the EU military
operation, and when it should be terminated,

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— to enable the PSC to determine,

taking account of

the
security situation and advice from HR/EUSR, the EU Force
Commander, and the Head of Mission EUPM, and following
EUMC and CIVCOM advice, whether all or part of the Inte-
grated Police Unit style capability should be repositioned
within EUSR domain, for duties in support of the Rule of
Law,
Information and
Protection Agency (SIPA). In this case, the composition of
the police and military missions shall be reviewed.

including in support of State

The Council shall, not later than 31 December 2005,

2.
evaluate the continuation of the operation.

Article 17

Entry into force and termination

This Joint Action shall enter into force on the date of its

1.
adoption.

The EU military operation shall end on a date to be

2.
decided by the Council.

3.
This Joint Action shall be repealed following the rede-
ployment of all EU forces, in accordance with approved termi-
nation planning of the EU military operation.

Article 18

Publication

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

Done at Brussels, 12 July 2004.

For the Council
The President

B. BOT