Council Joint Action 2004/789/CFSP of 22 November 2004 on the extension of the European Union Police Mission in the Former Yugoslav Republic of Macedonia (EUPOL PROXIMA)
Date: 2004-11-22
Institutions: Council of the European Union
Subjects: EU Member State, North Macedonia, operation of the Institutions, police cooperation

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Official Journal of the European Union

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

COUNCIL JOINT ACTION 2004/789/CFSP

of 22 November 2004

on the extension of the European Union Police Mission in the Former Yugoslav Republic of
Macedonia (EUPOL PROXIMA)

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)

to the Ohrid Framework Agreement,

the
Pursuant
Union's contribution is based upon a broad approach
with activities to address the whole range of rule of
law aspects,
including institution building programmes
and police activities which should be mutually supportive
and reinforcing. The activities of the Union, supported,
inter
institution building
programmes
the CARDS Regulation, will
contribute to the overall peace implementation in the
Former Yugoslav Republic of Macedonia as well as to
the achievement of
the Union's overall policy in the
region, notably the stabilisation and association process.

alia, by the Community's

under

The Union appointed a European Union Special Repre-
sentative (EUSR) to contribute to the consolidation of the
peaceful political process and the full implementation of
the Ohrid Framework Agreement, to help to ensure the
coherence of the EU external action and to ensure coor-
dination of the international community's efforts to help
in the
the
implementation and
provisions of that Framework Agreement.

sustainability of

The UN Security Council Resolution 1371 (2001)
adopted on 26 September 2001 welcomes the Ohrid
Framework Agreement and supports its full
implemen-
tation by the efforts of, inter alia, the EU.

In the interest of preserving and building upon the
results achieved in the Former Yugoslav
significant
Republic
considerable
through
of Macedonia
commitment of EU political effort and resources, the

a

EU has enhanced its role in policing to further contribute
to allow the Former
to a stable secure environment
Yugoslav Republic
to
government
implement the Ohrid framework agreement.

of Macedonia

The security situation in the Former Yugoslav Republic of
Macedonia has continued to improve since the conflict in
2001. In 2004 stability has been further strengthened.
Steps in the preparation and implementation of key
Ohrid Framework Agreement reforms were taken and
efforts to address other reform priorities,
including in
It can, however,
the field of rule of law, were made.
not be excluded that the security situation may dete-
riorate with potentially serious repercussions on interna-
tional security. A continued commitment of EU political
effort and resources will
thus help to further embed
stability in the country as well as in the region.

On 16 September 2003, the authorities of the Former
Yugoslav Republic of Macedonia invited the EU to
assume responsibility for an enhanced role in policing
and the deployment of an EU Police Mission (EUPOL
PROXIMA).

Joint Action

Council
29
September 2003 established EUPOL PROXIMA for a
12-month period between 15 December 2003 and 14
December 2004.

2003/681/CFSP (1),

of

On 1 October 2004, the Prime Minister of the former
Yugoslav Republic of Macedonia (FYROM), Mr Hari
Kostov, sent a letter to the Secretary-General/High Repre-
sentative (SG/HR), inviting the EU to take the necessary
steps to extend EUPOL PROXIMA by 12 months after
the expiration of the current mandate on 14 December
2004.

(5)

(6)

(7)

(8)

(1) OJ L 249, 1.10.2003, p. 66.

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(9)

(10)

On 11 October 2004 the Council, noting the progress
made, agreed to extend EUPOL PROXIMA for another 12
months after the expiration of the current mandate on
14 December 2004. The Council also agreed that the
the extended mission will be to further
objective of
support the development of an efficient and professional
police service based on European standards of policing.
Under the guidance of the EU Special Representative in
Skopje and in partnership with the host Government
authorities, EU police experts will continue to monitor,
mentor, and advise the country's police, focussing on
middle and senior management, thus helping to fight
organised crime more effectively,
facilitate
public confidence in policing,
to consolidate law and
order, and to further assist in the creation of a border
police service.

to further

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

The European Union hereby extends the European Union
1.
Police Mission (EUPOL PROXIMA)
in the Former Yugoslav
Republic of Macedonia (FYROM) from 15 December 2004 to
14 December 2005.

EUPOL PROXIMA shall operate in accordance with the
2.
objectives and other provisions as contained in the mission
statement set out in Article 3.

control of

and provide

should
The Political and Security Committee (PSC)
strategic
exercise political
direction to EUPOL PROXIMA and take the relevant
decisions in accordance with Article 25, third subpar-
agraph of
the Treaty on the European Union (TEU).
The PSC should be informed on a regular basis on all
aspects of the mission, including through briefings by the
EUSR and the Head of Mission/Police Commissioner as
necessary.

Article 2

Planning for the extension

the extension of

In preparation for

the
1.
current Police Head of Mission shall set down a task force
within the mission consisting of the necessary staff to deal
with functions ensuing from the needs for the extension of
the mission.

the mission,

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

(11)

the European
In conformity with the guidelines of
Council meeting at Nice on 7-9 December 2000, this
Joint Action should determine the role of the SG/HR in
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 PSC, in
accordance with Article 25 of the TEU.

(12)

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

reference amount

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

for

The current Head of Mission shall, on the basis of the
3.
Concept of Operations (CONOPS) approved by the Council,
and on the basis of the guidance given by the Political and
Security Committee (PSC), draw up a revised Operation Plan
(OPLAN) and develop all technical
instruments necessary to
execute the extension of EUPOL PROXIMA. The revised
OPLAN shall
risk
assessment.

comprehensive

into account

take

the

4.
In preparing for the extension of the mission, including in
drafting the revised OPLAN, the current Head of Mission shall
consult and co-ordinate with the European Commission Police
Reform Project and the OSCE in Skopje.

Article 3

Mission Statement

EUPOL PROXIMA,
in line with the objectives of the Ohrid
Framework Agreement, in strong partnership with the relevant
authorities, and within a broader Rule of Law perspective, shall,
in full coordination and complementarity with Community
institution building as well as OSCE and bilateral programmes,
continue to monitor, mentor, and advise the country's police,
focussing on middle and senior management,
thus further
supporting, as appropriate:

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— the consolidation of

law and order,

including the fight

against organised crime notably in Sensitive Areas;

All police officers shall remain under full command of the
3.
appropriate national authority. National authorities shall transfer
OPCON to the Head of EUPOL PROXIMA.

— the practical implementation of the comprehensive reform
of the Ministry of Internal Affairs, including the police;

— the operational transition towards, and the creation of a
border police, as a part of the wider EU effort to promote
integrated border management;

— the local police in building confidence within the popu-

lation;

— enhanced cooperation with neighbouring States in the field

of policing.

Article 4

Structure

EUPOL PROXIMA shall

in principle be structured as follows:

(a) headquarters in Skopje, composed of

the
Mission/Police Commissioner and staff as defined in the
revised OPLAN.

the Head of

(b) one central co-location unit at the Ministry of Interior level.

(c) some units co-located within the Former Yugoslav Republic

of Macedonia at appropriate levels.

The Head of Mission/Police Commissioner

4.
shall be
responsible for disciplinary control over the personnel. For
seconded personnel, disciplinary action shall be exercised by
the national or EU authority concerned.

Article 6

Staff

The numbers and competence of EUPOL PROXIMA staff
1.
shall be consistent with the mission statement set out in Article
3 and the structure set out in Article 4.

2.
Police officers shall be seconded by Member States. Each
Member State shall bear the costs related to the police officers
seconded by it, including salaries, medical coverage, allowances
other than per diems, and travel expenses to and from the
Former Yugoslav Republic of Macedonia.

International civilian staff and local staff shall be recruited

3.
on a contractual basis by EUPOL PROXIMA, as required.

Contributing States or Community institutions may also,
4.
if required, second international civilian staff. Each contributing
State or Community institution shall bear the costs related to
including salaries, medical
any of
allowances other
coverage,
and travel
to and from the Former Yugoslav Republic of
expenses
Macedonia.

the staff seconded by it

than per diems,

Article 5

Head of Mission/Police Commissioner

Article 7

Chain of Command

The Head of Mission/Police Commissioner shall exercise
1.
Operational Control
(OPCON) over EUPOL PROXIMA and
assume the day-to-day management of EUPOL PROXIMA
operations.

The structure of EUPOL PROXIMA as part of the broader EU
Rule of Law approach in the Former Yugoslav Republic of
Macedonia shall have a unified chain of command, as a crisis
management operation.

The Head of Mission/Police Commissioner shall sign a

2.
contract with the Commission.

— The European Union Special Representative (EUSR) shall

report to the Council through the SG/HR,

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— The PSC shall provide the political control and strategic

direction,

2. Without prejudice to the decision-making autonomy of
the EU and the Single Institutional Framework,
third States
may be invited to participate in the operation.

— The Head of Mission/Police Commissioner shall lead EUPOL

PROXIMA and assume its day to-day management,

— The Head of Mission/Police Commissioner shall report to

the SG/HR through the EUSR,

3.
The Council hereby authorises the PSC to take, upon the
recommendation of
the Police Head of Mission and the
the
Committee for Civilian Aspects of Crisis Management,
relevant decisions on acceptance of the proposed contributions.

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

Commissioner through the EUSR.

Article 8

Political control and strategic direction

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

the
1.
the
Council
mission. The Council hereby authorises
the Political and
Security Committee to take the relevant decisions in accordance
with Article 25 of the TEU. This authorisation shall include the
powers to appoint, upon a proposal from the SG/HR, a Head of
Mission, to approve and to amend the revised 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.
The EUSR shall provide local political guidance to the
Police Head of Mission. The EUSR shall ensure coordination
with other EU actors as well as relations with host party autho-
rities and media.

3.

The PSC shall report to the Council at regular intervals.

The PSC shall receive reports by the Police Head of
4.
Mission regarding the conduct of
regular
intervals. The PSC may invite the Police Head of Mission to
its meetings as appropriate.

the mission at

4.
Third States making contributions to EUPOL PROXIMA
shall have the same rights and obligations in terms of day-to-
day management of the operation as EU Member States taking
part in the operation.

5.
The PSC shall take appropriate action with regard to parti-
cipation arrangements and shall, if required, submit those to the
Council, including on possible financial participation from third
States in the common costs.

Detailed arrangements regarding the participation of Third
6.
States shall be subject of an agreement,
in conformity with
Article 24 of the TEU. The SG/HR assisting the Presidency
may negotiate such arrangements on its behalf.

Article 10

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to the extended mission shall be EUR
15 950 000 for commitment, out of which EUR 5 000 000
out of
the
2005 budget.

the 2004 budget and EUR 10 950 000 out of

Article 9

Participation of Third States

As regards expenditure financed out of the Community

2.
budget, the following shall apply:

1. Without prejudice to the decision-making autonomy of
the EU and the single institutional framework of the Union,
Acceding States shall be invited and other third States may be
invited to contribute to EUPOL PROXIMA on the basis that
they bear the cost of sending the police officers and/or the
including
international
civilian staff
salaries, allowances and travel expenses
to and from the
Former Yugoslav Republic of Macedonia, and contribute to
the running costs of EUPOL PROXIMA, as appropriate.

seconded by

them,

(a) expenditure shall be managed in accordance with the
European Community rules and procedures applicable to
the budget, 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;

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(b) the Police Head of Mission shall report fully to, and be
supervised by, the Commission on the activities undertaken
in the framework of his contract.

The SG/HR is authorised to release to third parties asso-
4.
ciated 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(1) of the Council Rules of Procedure.

The financial arrangements shall respect the operational
including compatibility of

3.
requirements of EUPOL PROXIMA,
equipment and interoperability of its teams.

Article 11

Community action

1.
The Council notes that the Commission shall continue to
direct its action towards achieving the objectives of this Joint
Action, where appropriate, by relevant Community measures.

2.
The Council also notes that appropriate coordination
arrangements shall continue in Skopje as well as in Brussels.

Article 12

Release of classified information

The SG/HR is authorised to release to NATO/KFOR and to
1.
the third parties associated with this Joint Action, EU classified
information and documents up to the level ‘CONFIDENTIEL UE’
generated for the purposes of the operation, in accordance with
the Council's security regulations.

The SG/HR is also authorised to release,

2.
in accordance
with the operational needs of the Mission, to the OSCE EU
level
classified information and documents up to the
‘RESTREINT UE’ generated for the purposes of the operation,
in accordance with the Council's security regulations. Local
arrangements shall be drawn up for this purpose.

3.
In the event of a specific and immediate operational need,
the SG/HR is also authorised to release to the host State EU
classified information and documents up to the level ‘CONFI-
DENTIEL UE’ generated for the purposes of the operation, in
accordance with the Council's security regulations. In all other
cases, such information and documents shall be released to the
host State in accordance with procedures appropriate to the
host State's level of cooperation with the EU.

Article 13

Status of staff of EUPOL PROXIMA

The status of EUPOL PROXIMA staff

in the Former
1.
Yugoslav Republic of Macedonia,
including the privileges,
immunities and further guarantees necessary for the completion
and smooth functioning of EUPOL PROXIMA is set out in the
Agreement between the European Union and the former
Yugoslav Republic of Macedonia on the status and activities
of the European Union Police Mission in the former Yugoslav
Republic of Macedonia
concluded by
Decision 2004/75/CFSP (1).

(EUPOL ‘Proxima’),

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

Article 14

Entry into force

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

its

It shall expire on 14 December 2005.

Article 15

Publication

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

Done at Brussels, 22 November 2004.

For the Council
The President

B. R. BOT

(1) OJ L 16, 23.1.2004, p. 65.