Council Joint Action 2005/355/CFSP of 2 May 2005 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (DRC)
Date: 2005-05-02
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, administrative expenditure (EU), appointment of staff, common foreign and security policy, forces abroad, institutional structure, public safety, the EU's international role

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

COUNCIL JOINT ACTION 2005/355/CFSP

of 2 May 2005

on the European Union mission to provide advice and assistance for security sector reform in the
Democratic Republic of the Congo (DRC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

the Council adopted Common
On 12 April 2005,
Position 2005/304/CFSP concerning conflict prevention,
management and resolution in Africa and repealing
Common Position 2004/85/CFSP (1).

On 22 November 2004, the Council approved an action
plan for ESDP support to Peace and Security in Africa. It
approved guidelines for implementing that Action Plan
on 13 December 2004.

On 13 December 2004, the Council, in its conclusions,
stated the EU’s readiness to contribute to security sector
reform in the Democratic Republic of the Congo.

On 28 June 2004, the Council adopted Joint Action
2004/530/CFSP (2)
the
mandate of Mr Aldo Ajello as the Special Representative
of
the European Union for the African Great Lakes
Region.

amending

extending

and

On 9 December 2004, the Council adopted Joint Action
2004/874/CFSP on the European Union Police Mission
in Kinshasa (DRC) regarding the Integrated Police Unit
(EUPOL ‘Kinshasa’) (3).

(6)

(7)

(8)

(9)

The Global and Inclusive Agreement
signed by the
Congolese parties in Pretoria on 17 December 2002,
signed in Sun City on
followed by the Final Act
2 April 2003, has initiated a transition process in the
DRC which includes establishing a restructured and inte-
grated national army.

inter alia,

On 30 March 2005, the United Nations Security Council
adopted Resolution 1592 (2005) on the situation in the
in which it reaf-
Democratic Republic of the Congo,
its support for the transition process
firmed,
in the Democratic Republic of
the Congo, urged the
Government of National Unity and Transition to carry
out reform of the security sector and decided to extend
and strengthen the mandate of the United Nations Orga-
nisation Mission in the Democratic Republic of
the
Congo (MONUC), as contained in Resolution 1565
(2004).

On 26 April 2005, the DRC government sent an official
invitation to the Secretary-General/High Representative
for Common Foreign and Security Policy (SG/HR) with
a view to obtaining assistance from the European Union
through the establishment of a team to provide the
Congolese authorities with advice and assistance for
security sector reform.

The current security situation in the DRC may dete-
riorate, with potentially serious repercussions for the
process of strengthening democracy,
law
and international and regional security. A continued
commitment of EU political effort and resources will
help to embed stability in the region.

the rule of

(10) On 12 April 2005, the Council approved the General
Concept for setting up a mission to provide advice and
assistance for security sector reform in the Democratic
Republic of the Congo (DRC).

(1) OJ L 97, 15.4.2005, p. 57.
(2) OJ L 234, 3.7.2004, p. 13,

as

amended by Joint Action

2005/96/CFSP (OJ L 31, 4.2.2005, p. 70).

(3) OJ L 367, 14.12.2004, p. 30.

(11)

The status of the mission will be subject to consultation
with the DRC government with a view to ensuring that
the Status of Mission Agreement relating to EUPOL
‘Kinshasa’ is applicable to the mission and its staff,

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HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
The European Union hereby establishes a mission to
provide advice and assistance for security sector reform in the
Democratic Republic of the Congo (DRC) called EUSEC DR
Congo with the aim of contributing to a successful integration
of
the army in the DRC. The mission must provide the
Congolese authorities responsible for security with advice and
assistance, while taking care to promote policies compatible
with human rights and international humanitarian law, demo-
cratic standards and the principles of good governance, trans-
parency and respect for the rule of law.

The mission shall operate

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

Article 2

Mission Statement

The mission shall aim, in close cooperation and coordination
to
with the other actors in the international community,
provide practical support for the integration of the Congolese
army and good governance in the field of security, as set out in
the General Concept, including identifying and contributing to
the
the development of various projects and options that
European Union and/or
its Member States may decide to
support in this area.

Article 3

Structure of the mission

The mission shall be structured as follows:

(a) an office in Kinshasa, composed of the Head of Mission and

staff not attached to the Congolese authorities;

Article 4

Preparatory stage

1.
The General Secretariat of the Council, assisted by the
Head of Mission, shall draw up an implementation plan for
the mission.

The implementation plan and the launching of

2.
mission shall be approved by the Council.

the

Article 5

Head of Mission

General Pierre Michel JOANA is hereby appointed Head of
1.
Mission. The Head of Mission shall
assume day-to-day
management of the mission and shall be responsible for staff
and disciplinary matters.

The Head of Mission shall sign a contract with the

2.
Commission.

All mission experts shall remain under the authority of the
3.
appropriate Member State or EU institution, and shall fulfil their
duties and act in the interest of the mission. Both during and
after the mission, mission experts shall exercise the greatest
discretion with regard to all facts and information relating to
the mission.

Article 6

Staff

1. Mission experts shall be seconded by Member States and
by the EU institutions. Except for the Head of Mission, each
Member State or institution shall bear the costs relating to the
experts seconded by it,
including salaries, medical coverage,
travel expenses to and from the DRC and allowances, other
than per diem and housing allowances.

(b) experts assigned, inter alia, to the following key posts within

the Congolese administration:

International civilian staff and local staff shall be recruited

2.
on a contractual basis by the mission as required.

— the private office of the Minister for Defence,

— the combined general staff,
military structure (IMS),

including the integrated

Article 7

Chain of command

The mission shall have a unified chain of command:

— the army general staff,

— The Head of Mission shall

team, assume its day-to-day management and report
the SG/HR through the EUSR.

lead the advice and assistance
to

— the National Committee for Disarmament, Demobili-

sation and Reintegration (Conader), and

— the Joint Operational Committee.

— The EUSR shall

to the Political and Security
Committee (PSC) and to the Council through the SG/HR.

report

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

through the EUSR.

Article 10

Community action

— The PSC shall exercise political control and strategic

direction.

In accordance with his mandate,

1.
the EUSR shall be
responsible for coordination with other EU players as well as
relations with host State authorities.

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.
This authorisation shall include the power to amend the imple-
mentation plan and the chain of command. It shall also include
powers to take subsequent decisions regarding the appointment
of the Head of Mission. The power of decision with respect to
the objectives and termination of
the mission shall remain
vested in the Council, assisted by the SG/HR.

The EUSR shall provide the Head of Mission with the

2.
political guidance required to fulfil his duties at local level.

The PSC shall report to the Council at regular intervals,

3.
taking into account the EUSR reports.

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

Article 9

Financial arrangements

The financial

1.
relating to the mission shall be EUR 1 600 000.

reference amount

to cover expenditure

As

2.
stipulated in paragraph 1, the following shall apply:

regards expenditure financed out of

the amount

(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 Mission shall report fully to, and be supervised
by, the Commission regarding the activities undertaken in
the framework of his contract.

The financial arrangements shall respect the operational
compatibility of

the mission,

including

3.
requirements of
equipment.

2. Without prejudice to the chain of command, the Head of
Mission shall act in coordination with EUPOL ‘Kinshasa’ so as to
ensure that the two missions are consistent with the broader
context of EU activities in the DRC. The Head of Mission shall
cooperate with the other
in
particular MONUC and the third States involved in the DRC.

international players present,

3. Without prejudice to the chain of command, the Head of
Mission shall also act in coordination with the Commission
delegation.

The Head of Mission shall cooperate with the other inter-
in particular MONUC and the third

4.
national players present,
States involved in the DRC.

Article 11

Release of classified information

The Council takes note of the Commission’s intention to direct
its action, where appropriate, towards achieving the objectives
of this Joint Action.

Article 12

Release of classified information

1.
The SG/HR is authorised to release to the United Nations,
third States and the host State, in accordance with the opera-
the mission, EU classified information and
tional needs of
in
documents generated for
accordance with the Council’s security regulations.

the purposes of

the mission,

2.
The SG/HR is authorised to release to the United Nations,
third States and the host State EU non-classified documents
relating to the deliberations of the Council with regard to the
mission covered by the obligation of professional
secrecy
pursuant to Article 6(1) of the Council Rules of Procedure.

Article 13

Status of the mission and of its staff

The status of the mission and of its staff shall be governed

1.
by arrangement with the competent authorities of the DRC.

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

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Article 14

Evaluation of the mission

The expenditure shall be eligible after the adoption of the

2.
Joint Action.

The PSC shall evaluate the initial results of the mission at the
latest six months after the launching of the mission and shall
submit its conclusions to the Council, including, if applicable, a
recommendation that the Council should take a decision to
extend or amend the mandate of the mission.

Article 16

Publication

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

Article 15

Done at Brussels, 2 May 2005.

Entry into force, duration and expenditure

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

1.
adoption.

It shall apply until 2 May 2006.

For the Council

The President

J. ASSELBORN