2004/739/CFSP:Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina
Date: 2004-09-29
Institutions: Political and Security Committee
Subjects: Bosnia and Herzegovina, European defence policy, decision-making, decision-making body (EU), military intervention

L 325/64

EN

Official Journal of the European Union

28.10.2004

POLITICAL AND SECURITY COMMITTEE DECISION BiH/3/2004

of 29 September 2004

on the setting-up of the Committee of Contributors for the European Union military operation in
Bosnia and Herzegovina

(2004/739/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

(5)

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

The Copenhagen European Council adopted on 12 and
13 December 2002 a Declaration stating that the ‘Berlin
plus’ arrangements and the implementation thereof will
apply only to those EU Member States which are also
either NATO members or parties to the ‘Partnership for
Peace’, and which have consequently concluded bilateral
security agreements with NATO,

Having regard to the Council Joint Action 2004/570/CFSP of
12 July 2004 on the European Union military operation in
Bosnia and Herzegovina (1), and in particular Article 11(5)
thereof,

HAS DECIDED AS FOLLOWS:

Article 1

Establishment

Whereas:

A Committee of Contributors for the European Union military
operation in Bosnia and Herzegovina (hereafter called ‘the CoC’)
is hereby established.

(1)

(2)

(3)

(4)

Under Article 11 of Joint Action 2004/570/CFSP, the
Council authorised the Political and Security Committee
(PSC) to take relevant decisions on the setting up of a
Committee of Contributors for
the European Union
military operation in Bosnia and Herzegovina.

The European Council Conclusions of Nice of 7, 8 and 9
December 2000 and Brussels of 24 and 25 October
2002 have laid down the arrangements for the partici-
pation of third States in crisis management operations
and the setting-up of a Committee of Contributors.

the operation;

The Committee of Contributors will play a key role in
the day-to-day management of
the
Committee will be the main forum where contributing
relating to the
States collectively address questions
employment of
the
forces
Political and Security Committee, which exercises the
political
the
operation, will take account of the views expressed by
the Committee of Contributors.

in the operation;

direction

strategic

control

their

and

of

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. Therefore, Denmark does not participate in the
financing of the operation.

(1) OJ L 252, 28.7.2004, p. 10.

Article 2

Functions

The terms of reference of
the CoC are laid down in the
European Council Conclusions of Nice (7, 8 and 9 December
2000) and Brussels (24 and 25 October 2002).

Article 3

Composition

1.

The CoC members shall be as follows:

— those EU Member States which take part in EU operations
conducted using NATO common assets and capabilities, and
Denmark;

— representatives of

the third States participating in the
operation and providing significant military contributions,
as well as representatives of other third States, referred to
in the Annex.

2.
The DGEUMS and the EU Operation Commander are also
entitled to attend or to be represented at the CoC meetings.

Article 4

Chair

In conformity with the Nice conclusions and without prejudice
to the prerogatives of the Presidency, the CoC for this operation
will be chaired by the Secretary General/High Representative or
his representative in close consultation with the Presidency,
assisted by the Chairman of
the European Union Military
Committee (CEUMC) or his representative.

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Article 5

Meetings

1.
The CoC shall be convened by the Chair on a regular
basis. Where circumstances require, emergency meetings may
be convened on the Chair's initiative, or at the request of a
member.

The Chair shall circulate in advance a provisional agenda
2.
and documents relating to the meeting. The proceedings shall
be circulated after each meeting.

3.
Representatives of the Commission and other persons may
be invited for relevant parts of the discussion, as appropriate.

Article 6

Procedure

1.
Except as provided in paragraph 3 and without prejudice
to the competencies of the Political and Security Committee and
the responsibilities of the EU Operation Commander,

— unanimity of the representatives of States contributing to
the operation shall apply when the CoC takes decisions
on day-to-day management of the operation;

— unanimity of the CoC members shall apply when the CoC
makes recommendations on possible adjustments to opera-
tional planning, including possible adjustment to objectives.

The abstention of a member shall not preclude unanimity.

The Chair shall establish that the majority of the repre-
2.
sentatives of States entitled to take part in the deliberations is
present.

All procedural questions shall be settled by the simple

3.
majority of the members present at the meeting.

Denmark shall not

4.
Committee.

take part

in any decision of

the

Article 7

Confidentiality

The Council Security Regulations

shall apply to the
1.
meetings and proceedings of the CoC. In particular, represen-
tatives in the CoC shall possess adequate security clearances.

The deliberations of the CoC shall be covered by the
2.
obligation of professional secrecy, except insofar the CoC unan-
imously decides otherwise.

Article 8

Entry into force

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 29 September 2004.

For the Political and Security Committee
The Chairperson

A. HAMER

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Official Journal of the European Union

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ANNEX

LIST OF THIRD STATES REFERRED TO IN ARTICLE 3(1)

— Argentina
— Bulgaria
— Canada
— Chile
— Morocco
— New Zealand
— Norway
— Romania
— Switzerland
— Turkey