Council Joint Action 2005/557/CFSP of 18 July 2005 on the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan
Date: 2005-07-18
Institutions: Council of the European Union
Subjects: African Union, Sudan, administrative expenditure (EU), common foreign and security policy, forces abroad, military cooperation, peacekeeping

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20.7.2005

COUNCIL JOINT ACTION 2005/557/CFSP

of 18 July 2005

on the European Union civilian-military supporting action to the African Union mission in the
Darfur region of Sudan

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,

In its Resolution 1574 of 19 November 2004, the UNSC
decided to monitor compliance by the parties with their
obligations in order to immediately cease all violence and
attacks, expressed its strong support to the decisions of
the AU to increase its mission in Darfur, and urged UN
to provide the required equipment,
Member States
logistical,
other necessary
resources.

financial, material,

and

Whereas:

(5)

In its Resolution 1590 of 24 March 2005, the UNSC
decided to establish the UN Mission in Sudan (UNMIS).

(1)

(2)

(3)

On 28 May 2004 the African Union (AU) decided to
deploy a monitoring mission in Darfur
to observe
compliance with the N’djamena Humanitarian Ceasefire
Agreement of 8 April 2004 (AMIS) and on 20 October
2004 the African Union Peace and Security Council
decided to enhance AMIS and to include
in its
mandate
confidence
building and to the protection of civilians and humani-
tarian operations, and observance of compliance with all
the
signed between the parties
agreements
N’djamena Humanitarian Ceasefire Agreement (AMIS II).

to the process of

assistance

since

to

for

prepared

community

In its Resolution 1547 of 11 June 2004, the United
Nations Security Council (UNSC) called on the interna-
tional
constant
be
engagement including extensive funding in support of
peace in Sudan.
In its Resolution 1556 of 30 July
2004, UNSC endorsed the deployment of international
the
monitors to the Darfur
leadership of
(UN)
Member States to reinforce the international monitoring
team led by the AU and welcomed the contributions
already made, notably by the European Union (EU), to
support the AU led operation.

the AU, urged United Nations

region of Sudan under

In its Resolution 1564 of 18 September 2004 the UNSC
welcomed and supported the intention of the AU to
its monitoring mission in the
enhance and augment
Darfur region of Sudan, and encouraged the undertaking
of proactive monitoring. The UNSC further urged UN
the AU in these efforts
Member States
logistical,
all
by
including
equipment,
financial, material, and other
resources necessary to
support the rapid expansion of the AU Mission and by
supporting its efforts aimed at a peaceful conclusion of
the crisis and the protection of the welfare of the people
of Darfur.

to support
providing

(6)

(7)

(8)

(9)

In its Resolution 1593 of 31 March 2005, the UNSC
decided to refer the situation in Darfur since 1 July
2002 to the Prosecutor of
the International Criminal
Court.

In its resolution 1325 of 31 October 2000, the UNSC
recognised the importance of
training concerning the
protection, special needs and human rights of women
and children in conflict situations.

Common Position 2005/304/CFSP of 12 April 2005
concerning conflict prevention, management and reso-
lution in Africa
and repealing Common Position
2004/85/CFSP (1) underlines that the AU constitutes the
central actor in the prevention, management and reso-
lution of armed conflicts in Africa. Successive Council
conclusions adopted since July 2004 have expressed
the EU's commitment to support the AU in its efforts
to monitor the ceasefire and to facilitate a political
settlement of the conflict in the Darfur region of Sudan.

Following the approval by the Council on 22 November
the European Security and Defence Policy
2004 of
(ESDP) action plan aimed at
supporting peace and
security in Africa, guidelines for implementing ESDP
support to Peace and Security in Africa were approved
by the Council on 13 December 2004, based on the
principle of respect for African ownership and full co-
operation with the relevant international actors, notably
the UN and the AU.

(1) OJ L 97, 15.4.2005, p. 57.

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(10)

(11)

(12)

The EU has provided an ever-growing amount of support
to the AU's efforts to help stabilise the situation in
Darfur. The EU is participating in and co-financing via
the African Peace Facility the AU mission which is
responsible for monitoring the cease-fire. EU military
personnel participates in the AU Cease Fire Commission
(CFC) inter alia through providing its vice-chairman and
through membership of
the Joint Commission estab-
lished for the political supervision of the cease-fire. The
EU is also providing a wide range of support including
planning experts, technical, financial, material and logistic
support
to the broader AU peace support mission
(AMIS).

In a letter dated 29 April 2005, Mr Alpha Oumar
Konaré, President of the AU Commission,
indicated to
the Secretary General/High Representative (SG/HR) that
taking into account the challenge that the situation in
Darfur continues to pose to the AU and its partners, on
the one hand, and the strategic dimension of the part-
nership between the AU and the EU on the other hand,
he hoped to be able to count on the substantial support
of the EU and its Member States to the efforts of the AU
and to the reinforcement of AMIS II.

In response to the request of the AU, the Council agreed
on 23 May 2005 to lend all possible support to military,
police and civilian efforts by presenting a comprehensive
and substantial offer, which was proposed to the AU at
the AMIS donor conference in Addis Ababa on 26 May
2005. Coordination among EU actors is essential
to
this proposed package is translated into
ensure that
coherent and timely assistance to the AU.

(13) On 23 June 2005 the Council approved the Concept for
EU civilian-military supporting action to AMIS II.

(14)

The Status of Mission Agreement on the Establishment
and Management of the Ceasefire Commission in the
Darfur area of Sudan signed between the AU and the
to
Government of Sudan on 4 June 2004 applies
Military Observers from the EU, covers military and
civilian personnel other than CFC officials, and refers to
the General Convention on the Privileges and Immunities
of the Organisation of African Unity (OAU), Article VII
of which covers experts on mission for the OAU.

(15)

The exchange of
letters between the SG/HR and the
President of the African Union Commission confirming
the arrangements for the EU supporting action to AMIS
II also confirms that all EU personnel already deployed or
to be deployed in Sudan and other African States in the

context of the EU supporting action are covered, as far as
their status is concerned, by the agreement between the
AU and Sudan on the status of the AU mission.

(16) On 18 July 2005 the Council adopted Joint Action
2005/556/CFSP appointing a Special Representative of
the European Union for Sudan (1). The EU Special Repre-
for Sudan should ensure coherence
sentative (EUSR)
between the EU's activities in support of AMIS II and
of
(CPA), and
overall policy objectives of the EU towards Sudan.

the Comprehensive Peace Agreement

(17)

Coordination among all donors should be established in
Addis Ababa to ensure that the support provided by the
international community is complementary and matches
with the specific requirements of the AU.

(18)

control of

and provide

should
The Political and Security Committee (PSC)
exercise political
strategic
direction to the EU civilian-military supporting action
to AMIS II, particularly in view of ensuring timely and
coherent EU support to AMIS II, and take the relevant
decisions in accordance with Article 25, third paragraph,
of the Treaty. The Committee for Civilian Aspects of
Crisis Management
(CIVCOM) and the EU Military
Committee (EUMC), assisted by the European Union
Military Staff (EUMS)
in accordance with its terms of
reference, should continue to provide the PSC with
advice in the field of their respective competencies.

(19)

In conformity with the guidelines of
the European
Council meeting at Nice on 7 and 9 December 2000,
this Joint Action should determine the role of the SG/HR
in accordance with Articles 18 and 26 of the Treaty in
the implementation of measures
falling within the
political control and strategic direction exercised by the
PSC.

(20) Article 14(1) of the Treaty calls for indication in joint
actions of the means to be made available to the Union.

(21)

except

expenditure,

In accordance with Article 28(3) of the Treaty, opera-
arising from
expenditure
tional
operations having military or defence
implications,
the European
should be charged to the budget of
Communities. The
to be
indication of
financed by the Community budget illustrates the will
of the political authority and is subject to the availability
of commitment appropriations during the respective
budget year.

amounts

(1) See page 43 of this Official Journal.

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(22)

(23)

(24)

(25)

The operational expenditure arising from those elements
of
this supporting action having military or defence
implications should be charged to the Member States
in accordance with Article 28(3) of
the Treaty and
should be administered by the mechanism established
by Decision 2004/197/CFSP of 23 February 2004 estab-
lishing a mechanism to administer the financing of the
common costs of European Union operations having
military or defence implications (1) (hereafter referred to
as “ATHENA”) on an exceptional basis. The financial
reference amount constitutes the best current estimate
of these costs.

Recourse should be made to the extent possible to rede-
ployment of equipment left over from other EU opera-
tional activities, taking into account operational needs
and the principles of sound financial management.

The EU supporting action to the AMIS II will be
conducted in the context of a situation which may dete-
riorate and could harm the objectives of the CFSP as set
out in Article 11 of the Treaty.

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 EU which have defence implications.
Denmark does not participate in the implementation of
Section III of this Joint Action and therefore does not
participate in the financing of military components of
this supporting action,

HAS ADOPTED THIS JOINT ACTION:

SECTION I

GENERAL PROVISIONS

Article 1

Objective

The European Union hereby establishes an EU civilian-military
supporting action to AMIS II, hereby named “AMIS EU
Supporting Action”.

The objective of the EU supporting action is to ensure effective
and timely EU assistance to support the AMIS II enhancement.
The EU shall respect and support
the principle of African
ownership and the EU supporting action shall be to support
the AU and its political, military and police efforts to address
the crisis in the Darfur region of Sudan.

Article 2

Relations with the AU

The SG/HR and the EUSR for Sudan, within their mandates,
shall act as primary points of contact with the representatives
of the AU for matters relating to the implementation of this
Joint Action. The Presidency shall be kept
regularly and
promptly informed on these contacts.

Article 3

Coordination with other actors

1.
The EU shall continue the close and effective coordination
with all institutional and bilateral donors engaged in supporting
AMIS II.

The EU shall continue to work in close coordination with
the

regarding the military component of

2.
the UN, and,
supporting action, NATO.

All EU Member States shall be kept

informed on the
3.
coordination process in order to ensure their full participation
in the EU decision making process.

Article 4

Political control and strategic direction

Under the responsibility of the Council,

the PSC shall
1.
exercise the political control and strategic direction of the EU
supporting action, particularly in view of ensuring timely and
coherent EU support to AMIS II. 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 the Head of EU Police Team, upon a proposal from the
SG/HR based on a recommendation by the EUSR. This author-
isation shall also include the powers to appoint the military
advisor to the EUSR, upon a proposal from the SG/HR based
on a recommendation by the EUSR. The powers of decision
with respect
the EU
supporting action shall remain vested in the Council, assisted
by the SG/HR.

to the objectives and termination of

CIVCOM and EUMC, assisted by EUMS in accordance with its
terms of reference, shall provide the PSC with advice within the
field of their respective competencies.

The EU supporting action shall include a civilian and a military
component.

(1) OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision

2005/68/CFSP (OJ L 27, 29.1.2005, p. 59).

The EUSR shall ensure the representation of the Union in
2.
all areas relating to the management of the crisis in Darfur,
including coordination of the EU contributions to AMIS II,
support to the political process, and matters relating to the
implementation of and compliance with the relevant UNSC
resolutions.

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The PSC shall receive reports by the EUSR, through the
3.
SG/HR, regarding the conduct of the EU supporting action at
regular intervals. The PSC may invite the EUSR to its meetings
as appropriate.

International civilian staff and local staff shall be recruited
3.
on a contractual basis by the Head of the EU Police Team as
required.

4.

The PSC shall report to the Council at regular intervals.

Article 5

EU coordination

1.
The SG/HR shall take all necessary measures to ensure
coordination of EU activities to support AMIS II enhancement
and the coordination between the General Secretariat of the
Council (GSC) and the EU Coordination Cell in Addis Ababa
(ACC). The GSC shall provide guidance and support to the ACC
in its duties of managing the day-to-day coordination to ensure
coherent and timely EU support to AMIS II across its political,
military, police and other civilian supporting actions. The GSC
shall provide situation reports and updates and assessment of
both EU support to AMIS II and the AMIS II enhancement to
the relevant Council bodies and ensure coordination at
the
in particular the UN and
strategic level with other donors,
NATO.

2.
in
The ACC shall act under the authority of the EUSR,
accordance with Article 7 of Joint Action 2005/556/CFSP, to
support his activities, and it shall comprise a political advisor, a
military advisor and a police advisor. It shall manage the day-to-
day coordination with all relevant EU actors and with the
(ACMC)
Administrative Control
within the chain of command of the AU in Addis Ababa in
order to ensure coherent and timely EU support to AMIS II.

and Management Centre

SECTION II

CIVILIAN COMPONENT

Article 6

Tasks, structure and personnel of police component

The EU supporting

1.
Component (CIVPOL) of AMIS II shall provide:

action to the Civilian Police

— support

to the AMIS II Police Chain of Command by
providing the AU with highly experienced Senior Police
Advisors at all levels of the chain of command;

— support for training of CIVPOL personnel through providing
a capacity for in-mission training by a group of EU trainers;

4.
The sending EU Member State or institution may also, if
required, second international civilian staff, as a rule for a period
of 6 months. Each contributing EU Member State or institution
shall bear the costs related to any of the staff seconded by it
including salaries, medical coverage, allowances other than per
diems, and travel expenses to and from the area of operation.

Article 7

EU Police Team

1.
The police advisor to the EUSR, who shall also be Head of
the EU Police Team, shall be responsible for managing day-to-
day coordination of the EU police supporting actions.

2.
The Head of the EU Police Team shall assume the day-to-
day management of the police component of the supporting
action in the three areas, referred to in Article 6(1), and shall be
responsible for staff and disciplinary matters.

The Head of the EU Police Team shall sign a contract with
3.
the Commission. The Head of the EU Police Team shall be
accountable to the Commission for all expenditure.

4. While remaining under the authority of their sending EU
Member States or institutions, all experts in the EU Police Team
staff shall carry out their duties and act in the sole interest of
the EU supporting action. Both during and after
the EU
shall exercise the greatest
the experts
supporting action,
discretion with regard to all facts and information relating to
the EU supporting action.

In order to ensure visibility of the EU supporting action,
5.
the members of the EU Police Team shall bear EU identification
markings.

Article 8

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to the implementation of SECTION II of
this
be
EUR 2 120 000.

Joint Action

6-month

period

shall

for

a

— support to the development of a police unit within the

Secretariat of the AU.

The Council shall as necessary decide on the reference amount
for the continuation of the EU supporting action.

The EU Police Team shall be composed of police officers
2.
seconded by Member States. As
the period of
secondment should be 6 months. 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 travel expenses to and from the area of operation.

rule,

a

The expenditure financed by the amount stipulated in
2.
paragraph 1 shall be managed in accordance with the
European Community procedures and rules applicable to the
budget, with the exception that any pre-financing shall not
remain the property of
third
states shall be allowed to tender for contracts.

the Community. Nationals of

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The financial arrangements shall respect the operational
including
the police assistance to AMIS II,

3.
requirements of
compatibility of equipment.

(a) help to ensure coherence of the military component of the
EU supporting action in Addis Ababa in accordance with
the tasks set out in Article 9, and

Expenditure shall be eligible as of the date of entry into

4.
force of this Joint Action.

(b) be responsible for managing the day-to-day coordination of
the military component of the EU supporting action with
the ACMC in Addis Ababa to ensure coherent and timely
support to AMIS II.

SECTION III

MILITARY COMPONENT

Article 9

Article 11

Financial arrangements

Tasks and personnel of the military component

The military component of the EU supporting action to

1.
AMIS II shall cover different types of assistance:

1. With respect
supporting action,
common:

to the military component of
the EU
the following costs shall be financed in

— provision of planning and technical assistance to all AMIS II
levels of command, including the logistic support co-ordi-
nation structure;

(a) costs for Communication and Information systems (CIS),
transport, medical evacuation (MEDEVAC) and lodging of
the EU officers operating in the AMIS II
chain of
command and of the military personnel in the ACC;

— provision of Military Observers, in the context of AMIS II

enhancement plan;

(b) costs for CIS and MEDEVAC concerning Military Observers;

and

and

— training of African troops and observers forming part of

AMIS II enhancement, as required;

— strategic and tactical transportation;

— aerial observation, if required by the AU.

2. While remaining under the authority of their sending EU
Member States or institutions, all military personnel shall carry
out their duties and act in the sole interest of the EU supporting
action. Both during and after the EU supporting action, the
military personnel shall exercise the greatest discretion with
regard to all facts and information relating to the EU supporting
action.

In order to ensure visibility of the EU supporting action,

3.
the military personnel shall bear EU identification markings.

As a rule, the period of secondment of military personnel

4.
should be 6 months.

Article 10

Military advisor to the EUSR

Under the authority of the EUSR, and with the support of the
GSC,
including the EUMS in accordance with its terms of
reference, the military advisor to the EUSR shall:

(c) costs for EU identification markings for both EU officers and

Military Observers.

The financing of

2.
nistered by ATHENA.

those common costs shall be admi-

The reference amount

3.
for those common costs for a
6-month period shall be EUR 1 970 000. The percentage of
the reference amount referred to in Article 31(3) of Decision
2004/197/CFSP shall be 100 %.

SECTION IV

FINAL PROVISIONS

Article 12

Status of EU supporting action personnel

is or will be deployed that

The SG/HR shall secure legally binding assurances from
1.
the African States on the territory of which EU supporting
action personnel
their status is
governed by the Status of Mission Agreement on the Estab-
lishment and Management of the Ceasefire Commission in the
Darfur area of Sudan signed between the AU and the
Government of Sudan on 4 June 2004, and by the General
Convention on the Privileges and Immunities of
the OAU.
the EU supporting action
Where required,
the status of
immu-
personnel,
nities and further guarantees necessary for the completion and
smooth functioning of the EU supporting action 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.

including where appropriate the privileges,

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The EU Member States or institutions having seconded or
2.
deployed personnel
for the EU supporting action shall be
responsible for answering any claims from or concerning the
personnel. The EU Member States or institutions in question
the
shall be responsible for bringing any action against
personnel.

Article 13

Release of classified information

1.
The SG/HR is hereby authorised to release, in accordance
with the Council Security Regulations as adopted by Decision
2001/264/EC (1) and as required by the operational needs of the
EU supporting action, to the AU and the UN, EU information
and documents classified no higher
than RESTREINT UE
generated for the purposes of the EU supporting action.

The SG/HR is hereby authorised to release, in accordance
2.
with the operational needs of the EU supporting action, to the
AU and the UN, EU non-classified documents related to the
deliberations of the Council with regard to the EU supporting
action, covered by the obligation of professional
secrecy
pursuant to Article 6(1) of the Council's Rules of Procedure (2).

Article 14

Community action

The Council and the Commission shall
each in
accordance with its respective powers, consistency between
the implementation of
this Joint Action and other external
activities of the Community in accordance with Article 3(2)
and the Commission shall
of
cooperate to this end.

the Treaty. The Council

ensure

Article 15

Review

The Council shall, not later than 31 December 2005, evaluate
whether the EU supporting action should be continued.

Article 16

Entry into force and termination

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

1.
adoption.

The EU supporting action shall end on a date to be

2.
decided by the Council.

Article 17

Publication

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

Done at Brussels, 18 July 2005.

For the Council
The President

J. STRAW

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

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

(2) Decision 2004/338/EC, Euratom of 22 March 2004 adopting the
Council's Rules of Procedure (OJ L 106, 15.4.2004, p. 22). Decision
as amended by Decision 2004/701/EC, Euratom (OJ L 319,
20.10.2004, p. 15).