Council Joint Action 2005/190/CFSP of 7 March 2005 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX
Date: 2005-03-07
Institutions: Council of the European Union
Subjects: EU financing, Iraq, common foreign and security policy, cooperation policy, institutional structure, judicial cooperation, the EU's international role

9.3.2005

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Official Journal of the European Union

L 62/37

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

COUNCIL JOINT ACTION 2005/190/CFSP

of 7 March 2005

on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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)

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

The European Council on 5 November 2004 welcomed
the Joint Fact Finding Mission for a possible integrated
police, rule of law and civilian administration mission for
Iraq and considered its report. The European Council
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.

The European Council agreed that the EU could usefully
contribute to the reconstruction and the emergence of a
stable, secure and democratic Iraq through an integrated
mission, which could inter alia promote closer colla-
the
boration between the different
criminal justice system and strengthen the management
capacity of senior and high-potential officials from the
police, judiciary and penitentiary and improve skills and
procedures in criminal investigation in full respect for the
rule of law and human rights.

across

actors

As agreed by the European Council, by Joint Action
2004/909/CFSP (1)
the Council decided to send an
expert
team to continue the dialogue with the Iraqi
authorities, to start initial planning for a possible inte-
law and civilian administration
grated police, rule of
mission to be launched after
the elections, and in
particular assess the urgent security needs for such a
mission.

The Council decided on 21 February 2005 to launch an
law mission for Iraq, which would
integrated rule of
become operational as soon as possible, subject to an
official invitation from the Iraqi authorities.

and technical partnership with the

The success of the mission will depend on an effective
Iraqis
strategic
throughout
of
European Security and Defense Policy and in comple-
mentarity with the United Nations.

the operation,

framework

in the

regional

continuous

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

law, as well as support

engagement

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

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

Representative,

General/High

(5)

(6)

(7)

(8)

(9)

(1) 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 (OJ L 381, 28.12.2004, p. 84).

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9.3.2005

for

reference amount

(10) Article 14(1) of the Treaty calls for the indication of a
financial
the whole period of
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. EUJUST LEX will also receive
contributions in kind from Member States,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
The European Union hereby establishes an European
Union Integrated Rule of Law Mission for Iraq, EUJUST LEX,
comprising a planning phase beginning no later than 9 March
2005 and an operational phase beginning no later than 1 July
2005.

the
planning phase. Coordination will also be needed for
selection, vetting, evaluation,
follow-up and coordination of
personnel attending the training with the aim of rapid appro-
priation by the Iraqis. There shall also be a need for close
coordination during the planning and operational phases
between EUJUST LEX and the Member States providing
training. This shall
the relevant
Member States diplomatic missions in Iraq and liaison with
those Member States with current experience in providing
training relevant for the mission.

include the involvement of

5.
EUJUST LEX shall be secure, independent and distinct but
shall be complementary and bring added value to ongoing
the United Nations, as
international efforts,
well as develop synergies with ongoing Community and
Member States efforts. In this context, EUJUST LEX shall liaise
with Member States who presently conduct training projects.

in particular of

Article 3

Structure

EUJUST LEX shall, in principle, be structured as follows:

EUJUST LEX shall operate

2.
in accordance with the
objectives and other provisions as contained in the mission
statement set out in Article 2.

(a)

the Head of Mission;

Article 2

Mission statement

(b) a Coordinating Office in Brussels;

(c) a Liaison Office in Baghdad;

1.
EUJUST LEX shall address the urgent needs in the Iraqi
criminal justice system through providing training for high and
mid level officials in senior management and criminal investi-
gation. This training shall aim to improve the capacity, coordi-
nation and collaboration of the different components of the
Iraqi criminal justice system.

2.
EUJUST LEX shall promote closer collaboration between
the different actors across the Iraqi criminal justice system and
strengthen the management capacity of
senior and high-
potential officials primarily from the police, judiciary and peni-
tentiary and improve skills and procedures in criminal investi-
gation in full respect for the rule of law and human rights.

3.
The training activities shall take place in the EU or in the
region and EUJUST LEX shall have a liaison office in Baghdad.

(d) Training Facilities and trainers provided by the Member

States and coordinated by EUJUST LEX.

These elements shall be developed in the Concept of Operations
(CONOPS) and the Operation Plan (OPLAN).

Article 4

Head of Mission

The Head of Mission shall

1.
the day-to-day
management and coordination of EUJUST LEX activities and
shall be responsible for staff and disciplinary matters.

assume

The Head of Mission shall sign a contract with the

2.
Commission.

Depending on developments in the security conditions in Iraq
and on the availability of appropriate infrastructure, the Council
shall examine the possibility of training within Iraq and,
if
necessary, shall amend this Joint Action accordingly.

Article 5

Planning phase

4.
An effective strategic and technical partnership with the
Iraqi counterparts shall be developed throughout the mission,
particularly in relation to the design of the curricula during the

1.
During the preparatory phase of the mission, a planning
team shall be established and shall comprise the Head of
Mission, who shall lead the planning team, and the necessary
staff to deal with functions ensuing from established needs of
the mission.

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

take

technical

The planning team shall draw up an OPLAN and develop
3.
all
instruments necessary to execute the mission
including the common curricula taking into account current
training projects of Member States. The CONOPS and the
risk
OPLAN shall
assessment. The OPLAN shall
common EU
curricula for
the courses, which will be designed by the
planning team in consultation with the Iraqis and Member
the
including those providing training relevant
States,
mission. The Council shall approve the CONOPS and the
OPLAN.

comprehensive

into account

contain the

the

for

The planning team shall work in close coordination with
4.
relevant international actors, in particular the United Nations.

Article 6

Staff

1.
The numbers and competence of EUJUST LEX staff shall
be consistent with the mission statement set out in Article 2
and the structure set out in Article 3.

2.
EUJUST LEX staff shall be seconded by EU Member States
or institutions. Each Member State shall bear the costs related to
EUJUST LEX staff seconded by it,
including salaries, medical
coverage, allowances other than per diems and travel expenses
as defined in the financial statement.

International staff and local staff shall be recruited on a

3.
contractual basis by EUJUST LEX as required.

4.
All staff shall remain under the authority of the appro-
priate EU Member State or institution and shall carry out their
duties and act in the interest of the mission. Both during and
after the mission, they shall exercise the greatest discretion with
regard to all facts and information relating to the mission. The
staff
and minimum
standards established by Council Decision 2001/264/EC of 19
March 2001 adopting the Council's security regulations (1).

security principles

respect

shall

the

Article 7

Status of staff

1. Where required, the status of EUJUST LEX staff, including
where appropriate the privileges,
immunities and further gua-
rantees necessary for the completion and smooth functioning of
EUJUST LEX shall be agreed in accordance with the procedure
laid down in Article 24 of the Treaty. The SG/HR, assisting the
Presidency, may negotiate such an agreement on its behalf.

(1) OJ L 101, 11.4.2001, p. 1. Decision amended by Decision

2004/194/EC (OJ L 63, 28.2.2004, p. 48).

The EU Member State or 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 EU Member State or institution in question
the
shall be responsible for bringing any action against
secondee.

Article 8

Chain of command

The structure of EUJUST LEX shall have a unified chain of

1.
command as a crisis management operation,

2.
The Political and Security Committee (hereinafter referred
to as ‘PSC’) shall provide the political control and strategic
direction.

The Head of Mission shall lead the Mission and assume its

3.
coordination and day-to-day management.

4.

The Head of Mission shall report to the SG/HR.

5.

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

Article 9

Political control and strategic direction

The PSC shall exercise, under the responsibility of the
1.
Council,
the
the political control and strategic direction of
mission. The Council hereby authorises the PSC to take the
relevant decisions in accordance with Article 25 of the Treaty.
This authorisation shall include the powers to appoint, upon a
proposal by the SG/HR, a Head of Mission, and to amend the
CONOPS and the OPLAN and the chain of command. The
powers of decision with respect to the objectives and termi-
nation of the operation shall remain vested in the Council,
assisted by the SG/HR.

2.

The PSC shall report to the Council at regular intervals.

3.
The PSC shall receive reports by the Head of Mission
regarding contributions to and the conduct of the mission, at
regular intervals. The PSC may invite the Head of Mission to its
meetings as appropriate.

Article 10

Security

The Head of Mission shall be responsible for the security
1.
in consultation with the Security
of EUJUST LEX and shall,
(hereinafter
Office of the General Secretariat of the Council
‘GSC Security Office’), be responsible for
referred to as
ensuring compliance with minimum security requirements
applicable to the mission.

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For the elements of the mission which shall be carried out
2.
in Member States, the host Member State shall take all necessary
and appropriate measures to ensure the security of the parti-
cipants and the trainers on its territory.

3.
For the Coordinating Office in Brussels, the necessary and
appropriate measures shall be organised by the GSC Security
Office in collaboration with the host Member State authorities.

4.
Should the training take place in a third State, the EU,
with the involvement of the Member States concerned, shall ask
third States authorities to make the appropriate arrangements
regarding the security of the participants and the trainers on its
territory.

EUJUST LEX shall have a dedicated mission Security

5.
Officer reporting to the Head of Mission.

The Head of Mission shall consult with the PSC on
the Mission as

6.
security issues affecting the deployment of
directed by the SG/HR.

7.
EUJUST LEX staff members shall undergo mandatory
security training organised by the GSC Security Office and
medical checks prior to any deployment or travel to Iraq.

8. Member States shall endeavour to provide EUJUST LEX, in
particular
secure accommodation, body
the Liaison Office,
armour and close protection within Iraq.

Article 11

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to the mission shall be EUR 10 000 000.

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. Should a part of
the training be conducted in third States, nationals of third
States shall be allowed to tender for contracts.
In this case,
goods and services procured for EUJUST LEX may also have
their origin in third States.

3.
Given the particular security situation in Iraq, services in
Baghdad shall be provided through the existing agreements
entered into by the United Kingdom with the companies
listed in the Annex. The budget of EUJUST LEX shall cover
these expenses up to a maximum of EUR 2 340 000. The
United Kingdom shall,
in consultation with the Head of
Mission, report regularly with adequate information to the
Council on these expenses.

The Head of Mission shall

fully to, and be
4.
supervised by, the Commission on the activities undertaken in
the framework of his contract.

report

The financial arrangements shall respect the operational
including compatibility of

5.
requirements of EUJUST LEX,
equipment.

Expenditure shall be eligible as of the date of entry into

6.
force of this Joint Action.

7.
The equipment and supplies for the Coordination Office
in Brussels shall be purchased and rented on behalf of the EU.

Article 12

Community action

1.
The Council notes the intention of the Commission to
direct its action towards achieving the objectives of this Joint
including in
Action in all phases of the proposed operation,
view of
the elaboration by the Commission of potential
follow-on actions to the European Security and Defense Policy
operation under Community programs.

The Council also notes that coordination arrangements are

2.
required in Brussels as well as, as appropriate, in Baghdad.

Article 13

Release of classified information

The SG/HR is authorised to release to the host State and the
United Nations, as appropriate and in accordance with the
operational needs of
the mission, 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. Local arrangements shall be drawn up for
this purpose.

Article 14

Entry into force

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

its

It shall expire on 30 June 2006.

Article 15

Publication

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

Done at Brussels, 7 March 2005.

For the Council
The President

J. KRECKÉ

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ANNEX

List of companies referred to in Article 11(3)

— Control Risks Group: mobile security

Cottons Centre
Cottons Lane
London SE1 2QG
(Limited company)

— Frontier Medical: basic medical services

Mitcheldean
Gloucestershire
GL17 ODD
(a division of Exploration Logistics Group plc)

— Crown Agents for Oversea Governments & Administrations Limited: life support including food, water, laundry and

cleaning
St Nicholas House
St Nicholas Road
Sutton
Surrey SM1 1EL

— Armorgroup Services Limited: perimeter security

25 Buckingham Gate
London
SW1E 6LD