Council Joint Action 2004/847/CFSP of 9 December 2004 on the European Union Police Mission in Kinshasa (DRC) regarding the Integrated Police Unit (EUPOL ‘Kinshasa’)
Date: 2004-12-09
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, operation of the Institutions, peacekeeping, police cooperation, rules of procedure, the EU's international role

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Official Journal of the European Union

14.12.2004

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

COUNCIL JOINT ACTION 2004/847/CFSP

of 9 December 2004

on the European Union Police Mission in Kinshasa (DRC) regarding the Integrated Police Unit
(EUPOL ‘Kinshasa’)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

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

Whereas:

(1)

(2)

(3)

(4)

(5)

On 26 January 2004,
the Council adopted Common
Position 2004/85/CFSP concerning conflict prevention,
management and resolution in Africa (1).

(7)

The European Union,
through Operation Artemis
conducted in the Democratic Republic of Congo (DRC)
during 2003 under Joint Action 2003/423/CFSP of 5
June 2003 on the EU Military Operation in the Demo-
cratic Republic of Congo (2), has already taken concrete
steps to contribute to the re-establishment of security
within the DRC.

On 14 December 2000,
the Council adopted Joint
Action 2000/792/CFSP (3) appointing Mr Aldo Ajello as
the Special Representative of the European Union for the
African Great Lakes Region, and repealing Joint Action
96/250/CFSP. The mandate of the Special Representative
was last extended by Joint Action 2004/530/CFSP (4).

On 29 September 2003, the Council adopted Common
Position 2003/680/CFSP (5) amending Common Position
2002/829/CFSP on the supply of certain equipment to
the DRC.

(8)

(9)

The global and all-inclusive Agreement on the transition
in the Democratic Republic of Congo, signed in Pretoria
on 17 December 2002 and the Memorandum on
Security and the Army of 29 June 2003 provided for
the establishment of an Integrated Police Unit (IPU).

On 28 July 2003 the United Nations Security Council
adopted Resolution 1493 (2003) in which it expresses
satisfaction at the promulgation, on 4 April 2003, of the
Transitional Constitution in the Democratic Republic of
Congo and at the formation, announced on 30 June
2003, of the Government of National Unity and Tran-
sition. It also encourages donors to support the estab-
lishment of an integrated Congolese police unit and
approves the provision by the United Nations Organi-
sation Mission in the DRC (MONUC) of the additional
assistance that might be needed for its training.

In the Joint Declaration on UN-EU Cooperation in Crisis
the Secretary-
Management of 29 September 2003,
General of the United Nations and the Presidency of
the Council of
the European Union welcomed the
existing cooperation between the United Nations and
the European Union in the area of civilian and military
crisis management, and considered ways to assist in the
establishment of an Integrated Police Unit in Kinshasa to
provide security to the transitional government and insti-
tutions.

the government of

On 20 October 2003,
the DRC
addressed an official request to the High Representative
for the CFSP for European Union assistance in setting up
the IPU, which should contribute to ensuring the
protection of
the state institutions and reinforce the
internal security apparatus.

(PSC)

agreed that

On 15 December 2003 the Political and Security
Committee
the European Union
should support the establishment of the IPU following
a three strands approach: the rehabilitation and refur-
bishment of a training centre and the provision of
the IPU; and the
basic equipment;
the training of
the concrete
follow-up, monitoring and mentoring of
initial
after
implementation of
training phase.

IPU's mandate

the

(1) OJ L 21, 28.1.2004, p. 25.
(2) OJ L 143, 11.6.2003, p. 50.
(3) OJ L 318, 16.12.2000, p. 1.
(4) OJ L 234, 3. 7. 2004, p. 13.
(5) OJ L 249, 1.10.2003, p. 64.

(10)

The Commission has adopted a financing decision on the
European Development Fund (EDF) for a project which
includes technical assistance, rehabilitation of the training
centre and the provision of certain equipment for the
IPU, as well as adequate training.

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(11) On 17 May 2004, the Council adopted Joint Action
2004/494/CFSP (1)
European Union
in which the
commit to ‘support the process of the consolidation of
internal security in the DRC, which is an essential factor
the
the peace process and the development of
for
country, through assistance to the setting up of an Inte-
grated Police Unit (IPU) in Kinshasa’. To that end, and in
addition to the EDF funded activities,
the European
Union and its Member States contributed with funds
and/or contributions in kind to provide the government
of the DRC with the law enforcement equipment, arms
and
the
establishment of the IPU.

ammunition identified

as necessary

for

(12) On 1 October 2004 the United Nations Security Council
adopted Resolution 1565 (2004) in which it decided to
extend the deployment of MONUC until 31 March 2005.
In addition, the UNSC decided that MONUC would have,
inter alia, the mandate in support of the Government of
National Unity
to
arrangements taken for the security of the institutions
the Transition in
and the protection of officials of
is ready to
Kinshasa until
the Congolese
take on this responsibility and assist
authorities
in other
strategic areas’.

in the maintenance of order

the integrated police unit

‘to contribute

and Transition:

(13)

(14)

The current security situation in the DRC may deteriorate
with potentially serious repercussions on the process of
strengthening of democracy, the rule of law and interna-
tional and regional security. A continued commitment of
EU political effort and resources will help to embed
stability in the region.

Recital 12 of Joint Action 2004/494/CFSP envisages that
‘The Council may decide that the EDF project and the
provision of
law enforcement equipment, arms and
ammunition of the IPU as appropriate be followed by
a
(ESDP)
component for monitoring, mentoring and advising’.

European Security

and Defence

Policy

(15)

In its meeting of 16 November 2004, the PSC agreed to
the concept of an ESDP mission to follow the EDF
project.

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

The European Union hereby establishes a European Union
1.
Police Mission (EUPOL ‘KINSHASA’)
in order to ensure the
follow-on to the EDF project
referred to in Joint Action
2004/494/CFSP in relation to the setting up of an IPU in
Kinshasa (DRC) as from early January 2005. Before that date
and in order to prepare the Police Mission, a Planning Team
shall be established not later than 1 December 2004 and shall
be operational until the start of the mission.

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

Article 2

Planning Phase

During the planning phase,

the Planning Team shall
1.
comprise a Police Head of Mission/Head of
the Planning
Team and the necessary staff to deal with functions ensuing
from the needs of the mission.

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

3.
The General Secretariat of the Council shall elaborate the
Concept of Operations (CONOPS). The Planning Team shall
subsequently draw up the Operation Plan (OPLAN) and
develop all technical instruments necessary to execute EUPOL
‘KINSHASA’. CONOPS and OPLAN shall take into account the
comprehensive risk assessment. The Council shall approve the
CONOPS and the OPLAN.

Article 3

Mission Statement

The European Union shall conduct a police mission in Kinshasa
(DRC) in order to monitor, mentor, and advise the setting up
and the initial running of the IPU in order to ensure that the
IPU acts following the training received in the Academy Centre
and according to international best practices in this field. These
actions shall be focused on the IPU chain of command to
enhance
IPU and to
monitor, mentor and advice the operational Units in the
execution of its tasks.

the management

capability of

the

(16) On 22 November 2004,

reiterated its
the Council
to work in very close association with
to

commitment
MONUC and to provide it with effective support
fulfil its mandate, which includes police training,

(1) OJ L 182, 19.5.2004, p. 41.

Article 4

Structure of the mission

The Mission will be composed of a Head Quarter (HQ) co-
located in the IPU operational base. The HQ will consist of
the office of the Head of the Mission, a monitor, mentor and
advisor branch, an administration support branch and liaison
officers to the most relevant actors regarding the IPU.

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Article 5

— The PSC shall provide the political control and strategic

Head of Mission/Police Commissioner

direction,

1.
Upon a proposal by the Secretary-General/High Represen-
tative, the PSC shall appoint a Head of Mission/Police Commis-
sioner. The Head of Mission/Police Commissioner shall exercise
Operational Control over EUPOL ‘KINSHASA’ and assume the
day-to-day management of EUPOL ‘KINSHASA’ functions.

The Head of Mission/Police Commissioner shall sign a

2.
contract with the Commission.

3.
All police officers shall remain under full command of the
appropriate national authority. National authorities shall transfer
Operational Control to the Head of EUPOL ‘KINSHASA’.

— The Head of Mission/Police Commissioner shall lead EUPOL
‘KINSHASA’ and assume its day-to-day management,

— The Head of Mission/Police Commissioner shall report to
through the

Secretary-General/High Representative

the
EUSR,

— The

Secretary-General/High Representative

give
guidance to the Head of Mission/Police Commissioner
through the EUSR.

shall

The Head of Mission/Police Commissioner

shall be
4.
responsible
For
seconded staff, disciplinary action shall be exercised by the
national or EU authority concerned.

for disciplinary

control over

staff.

the

Article 6

Staff

The numbers and competence of EUPOL ‘KINSHASA’ staff
1.
shall be consistent with the mission statement set out in Article
3 as well as the mission structure set out in Article 4.

Article 8

Political control and strategic direction

Under the responsibility of the Council,

the PSC shall
1.
exercise the political control and strategic direction of
the
mission. The Council hereby authorises the PSC to take the
relevant decisions in accordance with Article 25 of the Treaty.
include the powers to amend the
This authorisation shall
Operation Plan 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
Secretary-General/High Representative.

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 housing allowances, and travel
expenses to and from the DRC.

2.
The EUSR shall provide the Police Head of Mission with
local political guidance. The EUSR shall ensure coordination
with other EU actors as well as relations with host state autho-
rities.

International civilian staff and local staff shall be recruited

3.
on a contractual basis by EUPOL ‘KINSHASA’ as required.

The PSC shall report to the Council at regular intervals

3.
taking into account the EUSR reports.

4.
Contributing states or Community institutions may also, if
required, second international civilian staff. Each contributing
state or Community institution shall bear the costs related to
including salaries, medical
any of
than per diems and housing
coverage, allowances other
allowances, and travel expenses to and from the DRC.

the staff seconded by it

Article 7

Chain of Command

The structure of EUPOL ‘KINSHASA’ shall have a unified chain
of command, as a crisis management operation.

— The European Union Special Representative (EUSR) shall
report to the Council through the Secretary-General/High
Representative,

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

Article 9

Participation of Third States

1. Without prejudice to the decision-making autonomy of
the EU and the single institutional framework of the Union,
acceding states will be invited and candidate and other third
states may be invited to contribute to EUPOL ‘KINSHASA’ on
the basis that they bear the cost of sending the police officers
and/or
seconded by them,
including salaries, allowances and travel expenses to and from
the DRC, and contribute to the running costs of EUPOL
‘KINSHASA’ as appropriate.

the international civilian staff

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The Council hereby authorises the PSC to take, upon the
2.
the Police Head of Mission and the
recommendation of
Committee for Civilian Aspects of Crisis Management,
the
relevant decisions on acceptance of the proposed contributions.

The Council also notes that coordination arrangements are
2.
required in Kinshasa as well as in Brussels, inter alia with regard
to possible future projects under EDF,
taking into account
existing coordination mechanisms.

Third states making contributions to EUPOL ‘KINSHASA’
3.
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.

Article 12

Release of classified information

4.
The PSC shall take appropriate action with regard to parti-
cipation arrangements and shall, if required, submit a proposal
to the Council,
including on possible financial participation
from third states in the common costs.

1.
The Secretary-General/High Representative is authorised to
release to third states associated with this Joint Action, 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.

the Treaty. The

Detailed arrangements regarding the participation of third
5.
states shall be the subject of agreements pursuant to Article 24
of
Secretary-General/High Representative
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.

Article 10

Financial arrangements

1.
The costs for implementing this Joint Action shall be a
maximum amount of EUR 4 370 000 to cover the costs during
the planning phase and the year 2005.

As regards expenditure financed out of the Community

2.
budget, the following shall apply:

(a) expenditure shall be managed in accordance with the
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;

(b) the Head of the Planning Team/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 financial arrangements shall respect the operational
including compatibility

3.
requirements of EUPOL ‘KINSHASA’,
of equipment and interoperability of its teams.

Article 11

Community and other relevant actions

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

The

Representative

also
is
2.
Secretary-General/High
authorised to release to the United Nations,
in accordance
with the operational needs of the Mission, EU classified infor-
‘RESTREINT UE’
mation and documents up to the level
generated for the purposes of
in accordance
with the Council's security regulations. Local arrangements
shall be drawn up for this purpose.

the operation,

to the host

In the event of a specific and immediate operational need,
3.
the Secretary-General/High Representative is also authorised to
release
state EU classified information and
documents up to the level ‘RESTREINT 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 coop-
eration with the European Union.

4.
The Secretary-General/High Representative is authorised to
release to third states 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(1) of the Council
Rules of Procedure.

Article 13

Status of staff of EUPOL ‘KINSHASA’

The status of EUPOL ‘KINSHASA’ staff

in the DRC,
1.
immunities and
including where appropriate the privileges,
further guarantees necessary for the completion and smooth
‘KINSHASA’
functioning of EUPOL
agreed in
accordance with the procedure laid down in Article 24 of the
Treaty. The Secretary-General/High Representative assisting the
Presidency may negotiate such arrangement on its behalf.

shall be

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

The expenditure shall be eligible after the adoption of the Joint
Action.

Article 15

Publication

Article 14

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

Entry into force, duration and expenditure

Done at Brussels, 9 December 2004.

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

its

It shall expire on 31 December 2005.

For the Council
The President

L. J. BRINKHORST