Council Joint Action 2005/797/CFSP of 14 November 2005 on the European Union Police Mission for the Palestinian Territories
Date: 2005-11-14
Institutions: Council of the European Union
Subjects: EU financing, Palestine, common foreign and security policy, operation of the Institutions, police cooperation, staff regulations (EU)

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COUNCIL JOINT ACTION 2005/797/CFSP

of 14 November 2005

on the European Union Police Mission for the Palestinian Territories

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

as part of

the Quartet,

is
The European Union,
committed to assisting and facilitating the implemen-
tation of the Roadmap, which lays out reciprocal steps
by the Israeli Government and the Palestinian Authority
in the political, security, economic, humanitarian, and
in the
institution building fields,
emergence of an independent, democratic, and viable
Palestinian state living side by side in peace and
security with Israel and its other neighbours.

that will

result

The European Council of 17 and 18 June 2004 reaf-
firmed the readiness of the EU to support the Palestinian
Authority in taking responsibility for law and order, and
in particular, in improving its civil police and law enfor-
cement capacity.

The European Union Coordinating Office for Palestinian
Police Support was formally established by an Exchange
of Letters on 20 April 2005 between the Palestinian
Prime Minister Ahmed Qurei and the EU Special Repre-
sentative to the Middle-East Peace Process Marc Otte.

The General Affairs and External Relations Council of 18
July 2005 reiterated the EU commitment to contributing
to the development of Palestinian security capacity
in coordination
through the Palestinian Civil Police,
with the US Security Coordinator.
It also agreed in
principle that EU support to the Palestinian Civil Police
should take the form of an European Security and
Defence Policy mission building on the work of the EU
Coordinating Office for Palestinian Police Support
in
cooperation with all the parties concerned.

the

support

readiness

is an expression of
to

The follow-on to the EU Coordinating Office for Pales-
tinian Police Support
the EU
continued
Palestinian
Authority in complying with its Roadmap obligations,
in particular with regard to ‘security’ and ‘institution-
building’,
including the process of consolidating the
Palestinian security organisations
into three services
reporting to an empowered Palestinian Minister of
Interior. Furthermore, the support of the EU to the Pales-
increasing the ‘safety and
tinian Civil Police aims at

security’ of
the Palestinian population and at serving
the domestic agenda of the Palestinian Authority in rein-
forcing the rule of law.

In a letter of invitation of 25 October 2005 the Pales-
tinian Authority invited the EU to launch an European
the Palestinian Territories
Union Police Mission for
(EUPOL COPPS).

EUPOL COPPS will be complementary and will bring
added value to current international efforts, as well as
develop synergies with ongoing European Community
and Member States efforts. EUPOL COPPS will seek
coherence and coordination with the capacity-building
actions of the Community, notably in the domain of
criminal justice.

reform. An

reorganisation

EU assistance will be conditional on the extent of the
Palestinian Authority’s commitment and support
for
police
adequate
and
mechanism for coordination and cooperation with the
relevant
established
during the planning phase to ensure their involvement
in the development and follow-up of EUPOL COPPS. An
adequate mechanism for coordination and cooperation
with the relevant Israeli authorities will be established
to ensure their facilitation of the EUPOL COPPS activities.

Palestinian authorities will be

EUPOL COPPS will be set in the wider context of the
international community’s effort to support the Pales-
tinian Authority in taking responsibility for law and
in improving its civil police
order, and in particular,
and law enforcement
coordination
capacity. Close
between EUPOL COPPS and other international actors
assistance,
the US
involved in security
Security Coordinator,
those providing
as well
support to the Palestinian Ministry of Interior, will be
ensured.

including

as

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

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

(6)

(7)

(8)

(9)

(10)

(11)

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reference amount

(12) 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,

for

(CONOPS) and the Operation Plan (OPLAN) and taking into
account developments on the ground, will enable adjustments
to be made to the EUPOL COPPS size and scope as necessary.

Article 5

Structure

HAS ADOPTED THIS JOINT ACTION:

In achieving its mission, EUPOL COPPS shall consist of the
following elements:

Article 1

Mission

1. Head of Mission/Police Commissioner,

1.
The European Union hereby establishes the European
Union Police Mission for the Palestinian Territories, hereinafter
referred to as the European Union Coordinating Office for
Palestinian Police Support (EUPOL COPPS), with an operational
phase beginning no later than on 1 January 2006.

2. Advisory Section,

3. Programme Coordination Section,

EUPOL COPPS shall operate in accordance with the

2.
mission statement as set out in Article 2.

4. Administration Section.

Article 2

Mission statement

1.
The aim of EUPOL COPPS is to contribute to the estab-
lishment of sustainable and effective policing arrangements
under Palestinian ownership in accordance with best interna-
in cooperation with the Community’s insti-
tional standards,
international
tution building programmes as well as other
efforts
including
Criminal Justice Reform.

in the wider context of Security Sector

To this end EUPOL COPPS shall:

These elements shall be developed in CONOPS and OPLAN.
The Council shall approve the CONOPS and the OPLAN.

Article 6

Head of Mission/Police Commissioner

1.
The Head of Mission/Police Commissioner shall exercise
Operational Control (OPCON) over EUPOL COPPS and assume
the day-to-day management of EUPOL COPPS and coordination
including the management of
of EUPOL COPPS activities
security of EUPOL COPPS staff, resources and information.

(a) assist the Palestinian Civil Police (PCP) in implementation of
the Police Development Programme by advising and closely
mentoring PCP, and specifically senior officials at District,
Headquarters and Ministerial level;

The Head of Mission/Police Commissioner

shall be
2.
responsible for disciplinary control over the EUPOL COPPS
staff. For seconded staff, disciplinary action shall be exercised
by the national or EU authority concerned.

(b) coordinate and facilitate EU and Member State assistance,
and where requested, international assistance to PCP;

The Head of Mission/Police Commissioner shall sign a

3.
contract with the Commission.

(c) advise on police-related Criminal Justice elements.

Article 3

Duration

The mission will have a duration of three years.

Article 4

Review

A six-monthly
assessment criteria set out

review process,

in accordance with the
in the Concept of Operations

Article 7

Planning phase

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

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

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The planning team shall draw up an OPLAN and develop
3.
all technical instruments necessary to execute the mission. The
OPLAN shall
risk
assessment and shall include a security plan.

comprehensive

into account

take

the

Article 8

EUPOL COPPS staff

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

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

1.
The numbers and competence of EUPOL COPPS staff shall
be consistent with the mission statement set out in Article 2
and the structure set out in Article 5.

Article 10

Chain of command

2.
EUPOL COPPS staff shall be seconded by Member States
or EU institutions. Each Member State shall bear the costs
including
related to EUPOL COPPS staff
salaries, medical coverage,
travel expenses to and from the
mission area, and allowances other than per diems.

seconded by it,

EUPOL COPPS shall have a unified chain of command, as

1.
a crisis management operation.

The Political and Security Committee (PSC) shall provide

2.
the political control and strategic direction.

International staff and local staff shall be recruited on a

3.
contractual basis by EUPOL COPPS as required.

4.
Third States may also, as appropriate, second mission
staff. Each seconding third State shall bear the costs related to
any of
including salaries, medical
coverage, allowances, high-risk insurance and travel expenses
to and from the mission area.

the staff seconded by it,

All staff shall remain under the authority of the appro-
5.
priate sending State or EU institution and shall carry out their
duties and act in the interest of the mission. All staff shall
respect the security principles and minimum standards estab-
lished by Council Decision 2001/264/EC of 19 March 2001
adopting the Council’s security regulations (1).

Article 9

Status of EUPOL COPPS staff

the privileges,

the status of EUPOL COPPS staff,
1. Where required,
including, where appropriate,
immunities and
further guarantees necessary for the completion and smooth
functioning of EUPOL COPPS
an
agreement to be concluded in accordance with the procedure
laid down in Article 24 of the Treaty. The Secretary-Gener-
al/High Representative, assisting the Presidency, may negotiate
such arrangements on its behalf.

subject of

shall be

2. Member State or EU institution having seconded a staff
member shall be responsible for answering any claims, from or
linked to the secondment.
concerning the staff member,

The

3.
give
Secretary-General/High Representative
guidance to the Head of Mission/Police Commissioner through
the EU Special Representative.

shall

4.
The Head of Mission/Police Commissioner
EUPOL COPPS and assume its day-to-day management.

shall

lead

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

5.
the Secretary-General/High Representative
Special Representative.

The EU Special Representative shall report to the Council

6.
through the Secretary-General/High Representative.

Article 11

Political control and strategic direction

The PSC shall exercise, under the responsibility of the
the
the political control and strategic direction of

1.
Council,
mission.

2.
The Council hereby authorises the PSC to take the relevant
decisions in accordance with Article 25 of the Treaty. This
include the powers to appoint a Head of
authorisation shall
Mission/Police Commissioner, upon a proposal by
the
Secretary-General/High Representative,
and to amend the
OPLAN and the chain of command. The Council, assisted by
the Secretary-General/High Representative, shall decide on the
objectives and termination of the mission.

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

2005/571/EC (OJ L 193, 23.7.2005, p. 31).

3.

The PSC shall report to the Council at regular intervals.

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The PSC shall receive reports by the Head of Mission/
to and the
the mission, at regular intervals. The PSC may
to its

the Head of Mission/Police Commissioner

4.
Police Commissioner
conduct of
invite
meetings, as appropriate.

regarding contributions

Article 12

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
EUPOL COPPS provided that they bear the cost of the staff
seconded by
coverage,
allowances, high-risk insurance and travel expenses to and
from the mission area, and contribute to the running costs of
EUPOL COPPS, as appropriate.

including salaries, medical

them,

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

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.

4.
Detailed arrangements regarding the participation of third
States shall be subject of an agreement to be concluded in
accordance with the procedures laid down in Article 24 of
the Treaty. The 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 EUPOL COPPS.

EUPOL COPPS as directed by the Secretary-General/High Repre-
sentative.

EUPOL COPPS staff members shall undergo mandatory
4.
security training organised by the Security Office of
the
General Secretariat of the Council and medical checks prior to
any deployment or travel to the mission area.

Article 14

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to the mission shall be EUR 2,5 million
for 2005 and EUR 3,6 million for 2006.

2.
The final budget of EUPOL COPPS for the years 2006,
2007 and 2008 shall be decided by the Council on an annual
basis.

3.
The expenditure financed by the amount referred to 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 parti-
cipating financially in the mission, of host parties and,
if
required for the operational needs of the mission, of neigh-
bouring countries shall be allowed to tender for contracts.

4.
The Head of Mission/Police Commissioner 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 of

5.
requirements of EUPOL COPPS,
equipment and interoperability of its teams.

Article 13

Security

Expenditure shall be eligible as of the date of entry into

6.
force of this Joint Action.

1.
The Head of Mission/Police Commissioner
shall be
in
responsible for the security of EUPOL COPPS and shall,
consultation with the Security Office of the General Secretariat
of the Council, be responsible for ensuring compliance with
minimum security
in conformity with the
Council’s security regulations.

requirements

2.
EUPOL COPPS shall have a dedicated mission Security
Officer reporting to the Head of Mission/Police Commissioner.

Article 15

Community action

The Council

and the Commission shall,

each in
1.
accordance with their respective powers, ensure consistency
between the implementation of
this Joint Action and the
external activities of the Community in accordance with the
second subparagraph of Article 3 of the Treaty. The Council
and the Commission shall cooperate to this end.

3.
The Head of Mission/Police Commissioner shall consult
with the PSC on security issues affecting the deployment of

2.
The necessary coordination arrangements shall be put in
place in the mission area, as appropriate, as well as in Brussels.

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Article 16

Release of classified information

Article 17

Entry into force

1.
The Secretary-General/High Representative is authorised to
release to third States associated with this Joint Action, as
appropriate and in accordance with the operational needs of
the mission, EU classified information and documents up to
‘RESTREINT UE’ generated for the purposes of the
the level
mission, in accordance with the Council’s security regulations.

2.
In the event of a specific and immediate operational need,
the Secretary-General/High Representative is also authorised to
release to the local authorities EU classified information and
documents up to the level ‘RESTREINT UE’ generated for the
in accordance with the Council’s
purposes of
security regulations. In all other cases, such information and
documents
in
released to the
accordance with the procedures appropriate to their level of
cooperation with the EU.

the mission,

authorities

shall be

local

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

its

It shall expire on 31 December 2008.

Article 18

Publication

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

3.
The Secretary-General/High Representative is authorised to
release to third States associated with this Joint Action and
to the local authorities EU non-classified documents related
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’s Rules of Procedure (1).

Done at Brussels, 14 November 2005.

For the Council
The President

T. JOWELL

(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).