Council Decision 2004/803/CFSP of 25 November 2004 on the launching of the European Union military operation in Bosnia and Herzegovina
Date: 2004-11-25
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, common foreign and security policy, military intervention, peacekeeping

27.11.2004

EN

Official Journal of the European Union

L 353/21

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

COUNCIL DECISION 2004/803/CFSP

of 25 November 2004

on the launching of 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 17 thereof,

Having regard to 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 5 thereof,

Whereas:

(1)

(2)

1551

adopted

Resolution

On 9 July 2004 the United Nations Security Council
unanimously
(2004)
welcoming the European Union's intention to launch
an EU mission to Bosnia and Herzegovina, 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
forces agreements
currently contained in Appendix B to Annex 1.A of
the Peace Agreement
in
shall
to the proposed EU mission and its forces,
respect
including from the point of
their build-up in Bosnia
and Herzegovina, in anticipation of the concurrence of
the parties to those agreements to that effect.

apply provisionally

the status of

On 22 November 2004 the United Nations Security
Council unanimously adopted Resolution 1575 (2004),
inter alia authorising the Member States, acting through
or in cooperation with the EU, to establish for an initial
planned period of 12 months a multinational stabili-
sation force (EUFOR) as a legal successor
to SFOR
under unified command and control, which will fulfil
implementation of
its missions
Annex 1-A and Annex 2 of the Peace Agreement in
cooperation with the NATO HQ presence in accordance
with the arrangements agreed between NATO and the EU
communicated to the Security Council, which
as
recognise that EUFOR will have the main peace stabili-
sation role under
the Peace
Agreement, and recognising that the Peace Agreement

the military aspects of

in relation to the

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

and the provisions of its previous relevant resolutions
shall apply to and in respect of both EUFOR and the
NATO presence as they have applied to and in respect of
therefore
SFOR and that
in the Peace
references
in Annex 1-A and its
Agreement,
in particular
appendices, and relevant
resolutions to IFOR and/or
SFOR, NATO and the NAC shall henceforth be read as
applying, as appropriate, to the NATO presence, EUFOR,
the European Union and the Political and Security
Committee and Council of the European Union respec-
tively.

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 financing of
the operation.

On 12 and 13 December 2002 the Copenhagen
European Council adopted 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,

(3)

(4)

HAS DECIDED AS FOLLOWS:

Article 1

The EU military operation in Bosnia and Herzegovina, ALTHEA,
shall be launched on 2 December 2004.

Article 2

The EU Operation Commander
is hereby authorised with
immediate effect to release the activation order (ACTORD) in
order to execute the deployment of the forces, prior to Transfer
of Authority following their arrival
in theatre, and start
execution of the mission on 2 December 2004.

L 353/22

EN

Official Journal of the European Union

27.11.2004

Article 3

Article 5

Without prejudice to Article 17 of Joint Action 2004/570/CFSP,
this Decision shall remain in force until the Council decides to
end the EU military operation in Bosnia and Herzegovina.

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

Done at Brussels, 25 November 2004.

Article 4

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

For the Council
The President

L. J. BRINKHORST