Council Joint Action 2005/826/CFSP of  24 November 2005  on the establishment of an EU Police Advisory Team (EUPAT) in the Former Yugoslav Republic of Macedonia (fYROM)
Date: 2005-11-24
Institutions: Council of the European Union
Subjects: EU financing, North Macedonia, common foreign and security policy, operation of the Institutions, police cooperation

25.11.2005

EN

Official Journal of the European Union

L 307/61

COUNCIL JOINT ACTION 2005/826/CFSP

of 24 November 2005

on the establishment of an EU Police Advisory Team (EUPAT) in the Former Yugoslav Republic of
Macedonia (fYROM)

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty on European Union and,
particular Article 14,
Article 26 and Article 28(3) thereof,

in
the third subparagraph of Article 25,

Whereas:

(1)

(2)

(3)

(4)

to the Ohrid Framework Agreement,

the
Pursuant
Union's contribution is based upon a broad approach
with activities to address the whole range of rule of
law aspects,
including institution building programmes
and police activities which should be mutually supportive
and reinforcing. The activities of the Union, supported,
inter
institution building
programmes
the CARDS Regulation, will
contribute to the overall peace implementation in the
Former Yugoslav Republic of Macedonia as well as to
the achievements of the Union's overall policy in the
region, notably the stabilisation and association process.

alia, by the Community's

under

The Union appointed a European Union Special Repre-
sentative (EUSR) to contribute to the consolidation of the
peaceful political process and the full implementation of
the Ohrid Framework Agreement, to help to ensure the
coherence of the EU external action and to ensure coor-
dination of the international community's efforts to help
in the
the
implementation and
provisions of that Framework Agreement.

sustainability of

The UN Security Council Resolution 1371(2001)
the
adopted
Framework Agreement and supports its full
implemen-
tation by the efforts of, inter alia, the EU.

on 26 September 2001 welcomes

(6)

(7)

(8)

(9)

In the interest of preserving and building upon the
results achieved in the Former Yugoslav
significant
considerable
through
of Macedonia
Republic
commitment of EU political effort and resources, the
EU has enhanced its role in policing to further contribute
to allow the Former
to a stable secure environment
Yugoslav Republic
to
government
implement the Ohrid Framework Agreement.

of Macedonia

a

The security situation in the Former Yugoslav Republic of
Macedonia has continued to improve since the conflict in
2001. In 2005 stability has been further strengthened.
Steps in the preparation for and implementation of key
Ohrid Framework Agreement reforms were taken and
efforts to address other reform priorities,
including in
the field of
law, were made. A continued
commitment of EU political effort and resources will
nonetheless help to further embed stability in the
country as well as in the region.

rule of

On 16 September 2003, the authorities of the Former
Yugoslav Republic of Macedonia invited the EU to
assume responsibility for an enhanced role in policing
and the deployment of an EU Police Mission (EUPOL
Proxima).

Joint Action 2003/681/CFSP (1)

established
Council
the 12-month period from 15
EUPOL Proxima for
December 2003 to 14 December 2004. Council
Joint
Action 2004/789/CFSP (2) extended EUPOL Proxima for
the 12-month period from 15 December 2004 to 14
December 2005.

During consultations with the EU, the Government of the
former Yugoslav Republic of Macedonia (fYROM) have
indicated they would welcome, under certain conditions,
a EU Police Advisory Team bridging between the end of
EUPOL Proxima and a planned project funded by CARDS
aiming at providing technical assistance in the field.

In accordance with the guidelines of
the European
Council meeting at Nice on 7 and 9 December 2000,
the
this
Joint Action should determine the role of
Representative
Secretary-General/High
(hereinafter
referred to as ‘SG/HR’),
in accordance with Articles
18(3) and 26 of the Treaty in the implementation of
and
measures
strategic direction exercised by the PSC.

falling within the political

control

(1) OJ L 249, 1.10.2003, p. 66.

Joint Action as amended by Joint

Action 2004/87/CFSP (OJ L 21, 28.1.2004, p. 31).

(2) OJ L 348, 24.11.2004, p. 40.

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Official Journal of the European Union

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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.

for

(11)

(12)

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

The mandate of EUPAT will be implemented in the
context of a situation where the rule of law is not fully
the
secured and which could harm the objectives of
Common Foreign and Security Policy as set out
in
Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Objective

1.
The European Union hereby establishes a European Union
Police Advisory Team (EUPAT) in the former Yugoslav Republic
of Macedonia (fYROM) from 15 December 2005 to 14 June
2006.

2.
The objective of EUPAT shall be to further support the
development of an efficient and professional police service
based on European standards of policing.

Article 2

Mandate

in line with the objectives of the Ohrid Framework
EUPAT,
Agreement,
in partnership with the relevant authorities, and
within a broader Rule of Law perspective shall further support
the development of an efficient and professional police service
based on European standards of policing, in close coordination
with the Commission, notably in view of the implementation of
relevant Community institution-building programmes and in
complementarity with OSCE and bilateral programmes. Under
the guidance of the EUSR and in partnership with the host
Government authorities, EU police experts shall monitor and
mentor the country's police on priority issues in the field of
Border Police, Public Peace and Order and Accountability, the
fight against corruption and Organised Crime. EUPAT activities
shall focus on the middle and senior levels of management.

To this end, EUPAT shall give special attention to:

— overall implementation of police reform in the field,

— police-judiciary cooperation,

— professional standards/internal control.

Article 3

Planning phase

In preparation for

the establishment of EUPAT,

the
1.
EUPOL Proxima Police Head of Mission shall, building on the
work done by EUPOL Proxima, and on the basis of
the
guidance given by the Political and Security Committee (PSC),
draw up a General Plan and develop all technical instruments
necessary to execute the establishment of EUPAT.

2.
To this end, the current Head of Mission shall consult and
coordinate with the Commission and the OSCE in Skopje, as
well as with the Government of the former Yugoslav Republic
of Macedonia, as appropriate.

Article 4

Structure

1.

EUPAT shall consist of the following elements:

(a) headquarters in Skopje, composed of the Head of EUPAT

and staff as defined in the General Plan;

(b) one central co-location unit at the Ministry of Interior level;

(c) mobile units co-located within the fYROM at appropriate

levels.

2.

These elements shall be developed in the General Plan.

Article 5

Head of EUPAT and staff

The Head of EUPAT shall be responsible for managing

1.
and coordinating EUPAT activities.

The Head of EUPAT shall

the day-to-day
2.
management of EUPAT and shall be responsible for staff and
disciplinary matters. For seconded personnel, disciplinary action
shall be exercised by the national or EU authority concerned.

assume

The Head of EUPAT shall sign a contract with the

3.
Commission.

Police officers shall be seconded by Member States. The
4.
period of secondment shall be 6 months beginning on 15
December 2005. Each Member State shall bear
the costs
related to the police officers seconded by it, including salaries,
medical coverage, travel expenses to and from the fYROM, and
allowances other than per diems.

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EUPAT shall recruit international civilian staff and local

5.
staff on a contractual basis as required.

institutions may,

if
6. Member States or Community
required, also second international civilian staff for a period
of
six months beginning on 15 December 2005. Each
Member State or EU institution shall bear the costs related to
including salaries, medical
any of
to and from the fYROM, and
coverage,
allowances other than per diems.

the staff seconded by it

travel expenses

their sending
7. While remaining under the authority of
Member States or Community institutions, all experts
in
EUPAT shall carry out their duties and act in the sole interest
of the EU supporting action. All staff shall respect the security
principles and minimum standards established by Council
Decision 2001/264/EC of 19 March 2001 adopting the
referred to as
Council's
Council's security regulations).

security regulations (1)

(hereinafter

Through appropriate measures, the members of EUPAT

8.
shall ensure visibility of the EU action.

Article 6

Chain of Command

The Council hereby authorises the PSC to take the relevant
2.
decisions in accordance with Article 25 of the Treaty. This
include the powers to appoint a Head of
authorisation shall
EUPAT, upon a proposal
from the SG/HR, and to approve
and amend the General Plan and the chain of command. The
Council, assisted by the SG/HR, shall decide on objectives and
termination of EUPAT.

3.
The EUSR shall provide local political guidance to the
Head of EUPAT. The EUSR shall ensure coordination with
other EU actors as well as relations with host party authorities
and media.

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

the supporting action at

5.

The PSC shall report to the Council at regular intervals.

1.
The structure of EUPAT as part of the broader EU Rule of
Law approach in the fYROM shall have a unified chain of
command.

Article 8

Financial arrangements

The PSC shall provide the political control and strategic

2.
direction.

The financial reference amount

1.
expenditure related to EUPAT shall be EUR 1,5 million.

intended to cover the

The Secretary-General/High Representative (SG/HR) shall

3.
give guidance to the Head of EUPAT through the EUSR.

The Head of EUPAT shall lead EUPAT and assume its day-

4.
to-day management.

The expenditure financed by the amount referred to in
2.
paragraph 1 shall be managed in accordance with the rules
and procedures applicable to the general budget of the EU,
with the exception that any pre-financing shall not remain
the property of the Community.

The Head of EUPAT shall report to the SG/HR through

5.
the EUSR.

6.

The EUSR shall report to the Council through the SG/HR.

The Head of EUPAT shall

3.
fully to, and be
supervised by, the Commission on the activities undertaken in
the framework of his contract.

report

Article 7

Political control and strategic direction

4.
The financial arrangements shall respect the operational
requirements of EUPAT, including compatibility of equipment
and interoperability of its teams.

The Political and Security Committee shall exercise, under
the political control and

the Council,

1.
the responsibility of
strategic direction of EUPAT.

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

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

Expenditure shall be eligible as of the date of entry into

5.
force of this Joint Action.

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Article 9

Article 11

Consistency with Community action

Status of staff of EUPAT

The Council and the Commission shall, each in accordance with
its respective powers, ensure consistency between the imple-
mentation of this Joint Action and other 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.

1.
The necessary arrangements shall be made regarding the
extension of the Agreement between the European Union and
the fYROM on the status and activities of the European Union
Police Mission in the former Yugoslav Republic of Macedonia
(EUPOL Proxima) (3) to EUPAT.

Article 10

Release of classified information

1.
The SG/HR shall be authorised to release to NATO/KFOR
and to the third parties associated with this Joint Action, EU
classified information and documents up to the level ‘CONFI-
DENTIEL UE’ generated for the purposes of
the supporting
action, in accordance with the Council's security regulations.

The SG/HR shall be also authorised to release to the
2.
OSCE,
the
in accordance with the operational needs of
Mission, EU classified information and documents up to the
level
the
supporting action,
in accordance with the Council's security
regulations. Local arrangements shall be drawn up for this
purpose.

‘RESTREINT UE’ generated for

the purposes of

3.
In the event of a specific and immediate operational need,
the SG/HR shall also be authorised to release to the host State
EU classified information and documents up to the level
‘CONFIDENTIEL UE’ generated for
the
supporting action, in accordance with the Agreement between
the fYROM and the European Union on the security procedures
for the exchange of classified information (1).

the purposes of

The SG/HR shall be authorised to release to third parties
4.
associated with this Joint Action EU non-classified documents
related to the deliberations of the Council with regard to the
supporting action covered by the obligation of professional
secrecy pursuant
to Article 6(1) of Council Decision
2004/338/EC, Euratom of 22 March 2004 adopting the
Council's Rules of Procedure (2).

2.
The Member State or Community institution having
seconded a staff member shall be responsible for answering
any claims 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
secondee.

Article 12

Entry into force and duration

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

its

It shall apply until 14 June 2006.

Article 13

Publication

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

Done at Brussels, 24 November 2005.

For the Council
The President

I. LEWIS

(1) OJ L 94, 13.4.2005, p. 39.
(2) OJ L 106, 15.4.2004, p. 22. Decision as amended by Council
Decision 2004/701/EC, Euratom (OJ L 319, 20.10.2004, p. 15).

(3) Council Decision 2004/75/CFSP (OJ L 16, 23.1.2004, p. 65).