Council Joint Action 2004/909/CFSP of 26 November 2004 on establishing an expert team with a view to a possible European Union integrated police, rule of law and civilian administration mission for Iraq
Date: 2004-11-26
Institutions: Council of the European Union
Subjects: Iraq, fact-finding mission, international security, police, rule of law, the EU's international role

L 381/84

EN

Official Journal of the European Union

28.12.2004

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

COUNCIL JOINT ACTION 2004/909/CFSP

of 26 November 2004

on establishing an expert team with a view to a possible European Union integrated police, rule of
law and civilian administration mission for Iraq

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty on European Union and in
particular Articles 14 and 26 thereof,

Whereas:

(1)

(2)

(3)

The European Union is committed to a secure, stable,
unified, prosperous and democratic Iraq that will make
a positive contribution to the stability of the region. The
EU supports the people of Iraq and the Iraqi Interim
the economic,
Government
social
Iraq in the
framework of
the implementation of United Nations
Security Council Resolution 1546 of 8 June 2004.

reconstruction of

in their efforts

and political

towards

report. The European Council

The European Council on 5 November 2004 welcomed
the Joint Fact Finding Mission for a possible integrated
Police and Rule of Law operation for Iraq and considered
its
recognised the
importance of strengthening the criminal justice system,
consistent with the respect for the rule of law, human
rights and fundamental freedoms. It noted the wish of
the Iraqi authorities for the EU to become more actively
involved in Iraq and that strengthening the criminal
justice sector would respond to Iraqi needs and priorities.

team
The European Council decided that an expert
should be sent by the end of November 2004 to
continue the dialogue with the Iraqi authorities, to start
initial planning for a possible integrated police, rule of
law and civilian administration mission which is expected
to start after the elections, scheduled for 30 January
2005, and in particular assess the urgent security needs
for such a mission. A dialogue with other countries in
the region on these and other matters should also be
encouraged.

(5)

(6)

(7)

(8)

regional

continuous

The EU will use its dialogue with Iraq and its neighbours
and
to encourage
support for improved security and for the political and
reconstruction process in Iraq based on inclusiveness,
democratic principles, respect for human rights and the
rule of law, as well as support for security and coop-
eration in the region.

engagement

Such a mission should be secure,
independent and
distinct but would be complementary and bring added
value to ongoing international efforts as well as develop
synergies with ongoing Community and Member States’
efforts. With regard to a mission in Iraq all security
concerns need to be appropriately addressed before any
decision is taken.

Bearing in mind the current security situation in Iraq and
Baghdad, any deployment of
team, or
elements thereof,
inside Iraq (including the extent and
duration of such deployment) should only be decided
based on appropriate security advice and assessments
and provided adequate security and logistic arrangements
are in place to minimise the level of risk.

expert

the

team will

The expert
its mandate in the
implement
context of a situation posing a threat to law and order,
the security and safety of individuals, and to the stability
the
of
Iraq and which could harm the objectives of
Common Foreign and Security Policy as set out
in
Article 11 of the Treaty on European Union.

the European
In conformity with the guidelines of
Council meeting in Nice on 7 to 9 December 2000,
this
the
Joint Action should determine the role of
Secretary-General/High Representative, hereafter referred
to as ‘SG/HR’,
in accordance with Articles 18 and 26
of the Treaty on European Union,

28.12.2004

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Official Journal of the European Union

L 381/85

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

An expert

1.
team is hereby established to continue the
dialogue with the Iraqi authorities, to start initial planning for
a possible integrated police, rule of law and civilian adminis-
tration mission which is expected to start after the January
2005 elections and in particular assess the urgent security
needs for such a mission. A dialogue with other countries in
the region on these and other matters shall also be encouraged.

— the areas in which policy advice might be delivered and the
specific objectives of such advice and the profile of expertise
required to deliver it,

— the specific training requirements, the precise target group
for such training and the relative merits of different models
for delivering the training (including in-country and out-of
country),

— any relevant

international
Council of Europe or OSCE norms)
reflected in the training material,

standards

(in particular UN,
should be

that

The expert
2.
November 2004.

team shall be deployed by the end of

joint declaration on crisis management,

— scope for collaboration with the UN, in line with the EU-UN

The expert

3.
terms of reference set out in Article 2.

team shall operate in accordance with the

Article 2

Terms of reference

1.
By the end of January 2005 at the latest, the expert team
is expected to produce a report setting out detailed options to
address the objectives above. Its findings shall be supported by
detailed analysis of both the feasibility of the options, their
added value in terms of existing and planned national and
international initiatives in this field and the security constraints.

2.
The expert team shall base its initial planning on the
declaration of the European Council that ‘while judging that
activities outside Iraq with a presence of liaison elements in
Iraq would be feasible at
the European
Council agreed that with regard to a mission inside Iraq, all
security concerns need to be appropriately addressed before
any decision could be taken.’ Dialogue with other countries in
the region should be conducted.

this point

in time,

3.

The report shall identify in particular and include:

— a comprehensive and detailed analysis of

the security
situation in Iraq, which includes a detailed threat assessment
for all aspects of the possible mission in Iraq. The analysis
should take into account latest developments in the country
in the run-up to the presentation of the report. It should
also brief on contingency planning for any elements of the
mission inside Iraq, should a deterioration of the security
situation occur,

— ongoing or planned assistance from other donors in fields

relevant to the planned operation,

— the linkages to existing frameworks for coordination of
development

national

Iraq

and

assistance within
frameworks,

— possible areas of deployment, inside and outside Iraq,

— the timelines for deployment,

— personnel, logistics, technical and security requirements,

— the necessary items for a budget regarding the different

options,

— the necessary items for draft Status of Mission agreements.

justice sector and with other relevant actors.

The expert team shall conduct appropriate dialogue with
4.
Iraqi authorities both at national and regional level, and across
the criminal
It
should ensure regular contact with the Iraqi Ministry of
Planning, responsible for the overall coordination of assistance
efforts. The team shall also establish close contact with the
European Commission’s office for
Iraq (currently based in
Amman), Member
programmes, United
Nations Assistance Mission for Iraq and the UN Development
Group, other major providers of international assistance, and
authorities of the region.

bilateral

States’

The expert team will comprise a small working core that

5.
can be supplemented, as required, by short-term expertise.

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Official Journal of the European Union

28.12.2004

Article 3

Head of the expert team and members of the expert team

1. Mr Pieter Feith is appointed Head of the expert team. He
shall select the members of the expert team under the authority
of the SG/HR. The Head of the expert team shall consult with
the Political and Security Committee, hereafter referred to as
‘PSC’, on matters of size and composition of the expert team.

team shall

The Head of the expert team and its members shall be
2.
seconded by Member States or EU institutions. All members of
the expert
the
remain under
seconding Member State or institution and shall carry out
their duties and act in the interest of the expert team. Both
during and after the execution of their mandate, the members
of the expert team shall exercise the greatest discretion with
regard to all facts and information relating to the team.

the authority of

3.
The Member State or institution having seconded a staff
member shall be responsible for answering any claims linked to
the secondment from, or concerning, the staff member. The
Member State or institution in question shall be responsible
for bringing any action against the secondee.

The Head of the expert team shall lead the expert team

4.
and assume its management.

Article 4

Political supervision and reporting

1.
The Head of the expert team shall act under the authority
of the SG/HR and shall report to him. The PSC shall receive
reports by the Head of the expert team at regular intervals.

The PSC shall exercise, under the responsibility of the
to the

2.
Council, political supervision. The PSC shall report
Council at regular intervals.

Article 5

Security

1.
The Head of the expert team shall, in consultation with
the Council Security Office representative of the mission, be
responsible
ensuring compliance with the minimum
security standards applicable to the expert team.

for

2. Member States shall endeavour to provide the expert team
with secure accommodation, body armour and close protection
within Iraq.

The Head of the expert team shall consult with the PSC
the team as

3.
on security issues affecting the deployment of
directed by the SG/HR.

Article 6

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to the expert team shall be EUR 1 058 000.

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.

3.
The Commission shall sign a contract with the Head of
the expert team. He shall report fully to, and be supervised by,
the Commission on the budgetary aspects of
the activities
undertaken in the framework of his contract. The Head of the
expert team shall be accountable to the Commission for all
expenditure.

4.
The financial arrangements shall respect the operational
requirements of the expert team, including those related to its
security.

Expenditure shall be eligible as of the date of entry into

5.
force of this Joint Action.

Article 7

Entry into force

This Joint Action shall enter into force on the day of
adoption. It shall expire on 15 February 2005.

its

Article 8

Publication

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

Done at Brussels, 26 November 2004.

For the Council
The President

B. R. BOT