Council Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM)
Date: 2005-09-09
Institutions: Council of the European Union
Subjects: Indonesia, common foreign and security policy, fact-finding mission, peacekeeping, the EU's international role

10.9.2005

EN

Official Journal of the European Union

L 234/13

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

COUNCIL JOINT ACTION 2005/643/CFSP

of 9 September 2005
on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission —
AMM)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 14 and third subparagraph of Article 25
thereof,

Understanding (MoU). It asked the competent bodies to
continue planning for a possible monitoring mission at
the request of the parties and to establish contact with
ASEAN and ASEAN countries with a view to their
possible cooperation.

Whereas:

(1)

(2)

(3)

(4)

The European Union (EU) is committed to promote a
lasting peaceful
in Aceh
(Indonesia) and to increase stability throughout South
East Asia,
legal,
political and security sector reforms.

including progress in the economic,

to the conflict

settlement

integrity of

the Republic of

reiterated its
the Council
On 11 October 2004,
attachment
to a united, democratic, stable and pros-
perous Indonesia. It reiterated the EU's respect for the
Indonesia and
territorial
recognition of its importance as a major partner. The
Council encouraged the Government of Indonesia (GoI)
to seek peaceful
in conflict and potential
conflict areas and welcomed the statement by President
intended to
Susilo Bambang Yudhoyono that he
implement Special Autonomy for Aceh. The Council
reaffirmed the EU's wish to build a closer partnership
with Indonesia.

solutions

On 12 July 2005, the Minister for Foreign Affairs of
Indonesia, on behalf of the GoI, invited the EU to parti-
cipate in an Aceh Monitoring Mission to assist Indonesia
in implementing the final agreement on Aceh. The GoI
sent a similar invitation to the ASEAN countries Brunei,
Malaysia, Philippines, Singapore and Thailand. The Free
Aceh Movement (GAM) also indicated its support for a
participation of the EU.

On 18 July 2005, the Council noted the report of the
Joint EU Council Secretariat/Commission assessment
mission to Indonesia/Aceh. It welcomed the successful
conclusion of the Helsinki negotiations and agreed that
the EU was prepared, in principle, to provide observers
the Memorandum of
to monitor

implementation of

(5)

(6)

(7)

(8)

(9)

On 15 August 2005, the GoI and the GAM signed a
MoU detailing the agreement and principles guiding the
creation of conditions within which the government of
the Acehnese people can be manifested through a fair
and democratic process within the unitary state and
Indonesia. The MoU
constitution of
foresees
the Aceh Monitoring
Mission to be established by the EU and ASEAN contri-
buting countries with the mandate to monitor the imple-
mentation of the commitments taken by the GoI and the
GAM in the MoU.

the establishment of

the Republic of

The MoU notably provides that the GoI is responsible for
the security of all Aceh Monitoring Mission personnel in
Indonesia and that a Status of Mission Agreement will be
concluded between GoI and the EU.

The Aceh Monitoring Mission will be conducted in a
situation which may deteriorate and could harm the
objectives of the Common Foreign and Security Policy
as set out in Article 11 of the Treaty.

the European
In conformity with the guidelines of
Council meeting in Nice on 7-9 December 2000, this
Joint Action should determine the role of the Secretary
General/High Representative (SG/HR) in accordance with
Articles 18 and 26 of the Treaty.

for

reference amount

Article 14(1) of the Treaty calls for the indication of a
the whole period of
financial
implementation of the Joint Action. The indication of
amounts to be financed by the EU budget
illustrates
the will of the political authority and is subject to the
availability of commitment appropriations during the
respective budget year,

L 234/14

EN

Official Journal of the European Union

10.9.2005

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
The EU hereby establishes an European Union Monitoring
Mission in Aceh (Indonesia), named the ‘Aceh Monitoring
Mission (AMM)’, with an operational phase beginning on 15
September 2005.

The AMM shall operate in accordance with its mandate as

2.
set out in Article 2.

Article 2

Mandate

The AMM shall monitor

1.
the
commitments undertaken by the GoI and the GAM pursuant
to the MoU.

the implementation of

As a priority, a comprehensive risk assessment shall be
2.
carried out as part of the planning process. This assessment may
be updated as necessary.

The Planning Team shall draw up the Operation Plan
3.
(OPLAN) and develop technical
instruments necessary to
execute the mandate of the AMM. The OPLAN shall take into
account the comprehensive risk assessment and shall include a
security plan. The Council shall approve the OPLAN.

Article 4

Structure of the AMM

In principle, the AMM shall be structured as follows:

(a) Headquarters (HQ). The HQ shall consist of the Office of
the Head of Mission and the HQ Staff, providing all
necessary functions of command and control and mission
support. The HQ shall be located in Banda Aceh;

2.

In particular, the AMM shall:

(b) 11 geographically distributed District Offices, conducting

monitoring tasks;

(a) monitor the demobilisation of GAM and monitor and assist
with the decommissioning and destruction of its weapons,
ammunition and explosives;

(c) 4 Decommissioning Teams.

(b) monitor the re-location of non-organic military forces and

non-organic police troops;

(c) monitor the reintegration of active GAM members;

(d) monitor the human rights situation and provide assistance
in this field in the context of the tasks set out in points (a),
(b) and (c) above;

(e) monitor the process of legislation change;

(f)

rule on disputed amnesty cases;

(g)

investigate and rule on complaints and alleged violations of
the MoU;

(h) establish and maintain liaison and good cooperation with

the parties.

These elements shall be further developed in the OPLAN.

Article 5

Head of Mission

1. Mr Pieter Feith is hereby appointed Head of Mission of the
AMM.

2.
The Head of Mission shall exercise Operational Control
over the AMM and assume the day-to-day management and
coordination of the AMM activities, including the management
of the security of mission staff, resources and information.

3.
All staff shall remain under the authority of the appro-
priate national authority or EU Institution and shall carry out
the mission.
their duties and act solely in the interest of
National authorities shall transfer Operational Control to the
Head of Mission. Both during and after the mission, the staff
shall exercise the greatest discretion with regard to all facts and
information relating to the mission.

Article 3

Planning phase

4.
The Head of Mission shall be responsible for disciplinary
control over the staff. For seconded staff, disciplinary action
shall be taken by the national or EU authority concerned.

During the planning phase,

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

The Head of Mission shall rule on disputes regarding the
the MoU as provided therein and in

5.
implementation of
accordance with the OPLAN.

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Official Journal of the European Union

L 234/15

Article 6

Staff

4.

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

1.
The numbers and competence of the AMM staff shall be
consistent with its mandate as set out in Article 2 and its
structure as set out in Article 4.

Article 9

Political control and strategic direction

2. Mission staff shall be seconded by Member States and EU
Institutions. Each Member State and EU Institution shall bear
the costs related to the mission staff seconded by it, including
salaries, medical coverage, allowances (other than per diems)
and travel expenses.

International staff and local staff shall be recruited on a

3.
contractual basis as required.

4.
Third States may also, as appropriate, second mission
staff. Each seconding Third State shall bear the costs related
to any of the staff seconded by it including salaries, medical
coverage, allowances and travel expenses.

Article 7

Status of staff

The status of the AMM and its staff in Aceh,

1.
including
where appropriate the privileges, immunities and further guar-
antees necessary for the completion and smooth functioning of
the mission 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.

2.
The Member State or EU 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 EU Institution in question
shall be responsible for bringing any action against
the
seconded staff member.

The conditions of employment and the rights and obli-
3.
gations of international and local contracted staff shall be laid
down in the contracts between the Head of Mission and the
staff member.

The PSC shall exercise, under the responsibility of the
1.
the
the political control and strategic direction of
Council,
mission. The Council hereby authorises the PSC to take the
relevant decisions
the
mission, in accordance with third subparagraph of Article 25
of the Treaty. This authorisation shall
include the powers to
amend the OPLAN and the chain of command. The powers
of decision with respect to the objectives and termination of
the mission shall remain vested in the Council.

the purpose and duration of

for

2.

The PSC shall report to the Council at regular intervals.

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

Article 10

Participation of Third States

1. Without prejudice to the decision-making autonomy of
the EU and its single institutional framework, Acceding States
shall be invited and Third States may be invited to contribute to
the AMM provided that they bear the cost of the staff seconded
by them, including salaries, High Risk insurance, allowances and
travel expenses to and from Aceh (Indonesia), and contribute to
the running costs of the AMM, as appropriate.

Third States making contributions to the AMM shall have
2.
in terms of day-to-day
the same rights and obligations
management of the mission as Member States taking part in
the mission.

Article 8

Chain of command

3.
The Council hereby authorises the PSC to take the relevant
decisions on acceptance of the proposed contributions and to
establish a Committee of Contributors.

The structure of the AMM shall have a unified chain of

1.
command.

The Political and Security Committee (PSC) shall provide

2.
the political control and strategic direction of the mission.

3.

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

Detailed arrangements regarding the participation of Third
4.
States shall be subject of an agreement,
in conformity with
Article 24 of the Treaty. The SG/HR, 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,
such an
agreement shall apply in the context of the AMM.

the provisions of

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Official Journal of the European Union

10.9.2005

Article 11

Security

The Head of Mission shall,

1.
in consultation with the
Council Security Office, be responsible for ensuring compliance
with minimum security standards in conformity with the agreed
Council's security regulations.

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

2.
security issues affecting the deployment of
directed by the SG/HR.

AMM staff members shall undergo mandatory security

3.
training before their entry into function.

Article 12

Financial arrangements

The financial reference amount

1.
expenditure related to the AMM shall be EUR 9 000 000.

intended to cover the

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
EU 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.

The Head of Mission shall be accountable

to the
3.
Commission for all expenditure charged to the general budget
of the EU and shall to that effect sign a contract with the
Commission.

Expenditure shall be eligible as of the date of entry into

4.
force of this Joint Action.

Article 13

Community action

1.
The Council and the Commission shall, each within their
respective powers, ensure consistency between the implemen-
tation of
the
Community in accordance with second subparagraph of
Article 3 of
the Treaty. The Council and the Commission
shall cooperate to this end.

Joint Action and external activities of

this

Article 14

Release of classified information

1.
The SG/HR is authorised to release to Third States asso-
ciated with this Joint Action, as appropriate and 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 the mission, in accordance with
the Council's security regulations.

2.
In the event of a specific and immediate operational need,
the SG/HR is also authorised to release to the host State EU
classified information and documents up to the
level
‘RESTREINT UE’ generated for the purposes of the mission, 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 the procedures appropriate to the
host State's level of cooperation with the EU.

3.
The SG/HR is authorised to release to Third States asso-
ciated with this Joint Action and to the host State EU non-
classified documents
the
Council with regard to the mission covered by the obligation
of professional secrecy pursuant to Article 6(1) of the Council's
Rules of Procedure (1).

related to the deliberations of

Article 15

Review

The Council shall, not later than the 15 March 2006, evaluate
whether the AMM should be extended.

Article 16

Entry into force, duration

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

its

It shall expire on 15 March 2006.

Article 17

Publication

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

Done at Brussels, 9 September 2005.

2.
The Council also notes that coordination arrangements are
required in Banda Aceh and also in Jakarta, as appropriate, as
well as in Brussels.

For the Council
The President

J. STRAW

(1) Council 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).