Council Joint Action 2005/824/CFSP of  24 November 2005  on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
Date: 2005-11-24
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, EU financing, common foreign and security policy, operation of the Institutions, police cooperation

25.11.2005

EN

Official Journal of the European Union

L 307/55

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

COUNCIL JOINT ACTION 2005/824/CFSP

of 24 November 2005

on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

THE COUNCIL OF THE EUROPEAN UNION,

give guidance to the EUPM's Head of Mission/Police
Commissioner.

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

On 11 March 2002, the Council adopted Joint Action
2002/210/CFSP (1) on the European Union Police
Mission (EUPM) in Bosnia and Herzegovina (BiH). That
Joint Action expires on 31 December 2005.

The EU-Western Balkans Summit, held in Thessaloniki
on 21 June 2003 concluded that
the
Balkans is within the European Union.

the future of

The Brussels European Council of 17 and 18 June 2004
adopted the European Security Strategy: Comprehensive
Policy towards Bosnia and Herzegovina. It states that the
long-term objective of the EU is a stable, viable, peaceful
and multiethnic BiH, cooperating peacefully with its
neighbours
and irreversibly on track towards EU
membership, and the Union's medium-term objective is
the signing of a Stabilisation and Association Agreement
with BiH.

On 18 July 2005 the Council of the European Union
in support of
agreed that continued EU engagement
policing
the
completion of the current mandate of the EUPM on 31
December 2005. The EUPM will continue with an
adjusted mandate and size.

in BiH would be needed following

In a letter of invitation of 26 October 2005, the BiH
authorities invited the EU to deploy a refocused EUPM in
BiH.

The High Representative in BiH is also the EU Special
Representative in BiH (EUSR). The EUSR will continue to
promote overall EU political coordination in BiH and

(1) OJ L 70, 13.3.2002, p. 1. Joint Action as last amended by Joint

Action 2005/143/CFSP (OJ L 48, 19.2.2005, p. 46).

(7)

(8)

(9)

Joint Action should

In accordance with the guidelines of
the European
Council meeting in Nice on 7 to 9 December 2000,
role of
this
(hereinafter
the Secretary-General/High Representative
referred to as ‘SG/HR’),
in accordance with Articles
18(3) and 26 of the Treaty.

determine

the

for

reference amount

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.

The mandate of EUPM will be implemented in the
context of 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,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
The European Union Police Mission (EUPM) in Bosnia and
Herzegovina (BiH), established by Joint Action 2002/210/CFSP
shall be continued from 1 January 2006 in accordance with the
following provisions.

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

Article 2

Mission statement

The EUPM, under the guidance and coordination of the EUSR
and as part of the broader rule of law approach in BiH and in
the region, will aim,
through mentoring, monitoring and
inspecting, to establish in BiH a sustainable, professional and
multiethnic police service operating in accordance with best
European and international standards.

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Official Journal of the European Union

25.11.2005

service

in accordance with
should operate
This police
commitments made as part of the Stabilisation and Association
Process with the European Union, in particular with regard to
the fight against organised crime and police reform.

The EUPM will operate in line with the general objectives of
Annex 11 of the Dayton/Paris Agreement and its objectives will
be supported by the Community instruments. Under
the
direction of the EUSR, the EUPM will take the lead in the
coordination of policing aspects of the ESDP efforts in the
fight against organised crime, without prejudice to the agreed
chains of command. It will assist local authorities in planning
and conducting major and organised crime investigations.

Article 3

Review

review process,

in accordance with the
A six-monthly
assessment criteria set out
in the Concept of Operations
(CONOPS) and Operation Plan (OPLAN) and taking into
enable
account
adjustments to be made to the Mission's activities as necessary.

developments

reform,

police

shall

in

Article 4

Structure

1.

The EUPM shall in principle be structured as follows:

(a) main headquarters in Sarajevo, composed of the Head of the
Mission/Police Commissioner and staff as defined in the
OPLAN. Part of
shall consist of a variable
number of Liaison Officers to coordinate with other inter-
national organisations on the ground;

staff

this

The Head of Mission/Police Commissioner shall sign a

3.
contract with the Commission.

Article 6

Staff

1.
The numbers and competence of the EUPM staff shall be
consistent with the mission statement set out in Article 2 and
the structure set out in Article 4.

2.
Police officers shall be seconded by Member States for a
minimum period of one year. Each Member State shall bear the
costs related to the police officers seconded by it,
including
salaries, allowances and travel expenses to and from BiH.

The EUPM shall recruit international civilian staff and local

3.
staff on a contractual basis as required.

4. Member States or EU institutions may,
if required, also
second international civilian staff if required for a minimum
period of one year. Each Member State or EU institution shall
bear the costs related to any of
the staff seconded by it,
including salaries, allowances and travel expenses to and from
BiH.

5.
All staff shall remain under the authority of the appro-
priate seconding State or institution and shall carry out their
duties and act in the interest of the Mission. 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

(b) co-locations within the various BiH police services at senior
level, including within the State Investigation and Protection
Agency, the State Border Services, Interpol, Entities, Public
Security Centres, Cantons, and the Brcko district.

Article 7

Status of staff of EUPM

These elements shall be developed in the CONOPS and
2.
the OPLAN. The Council shall approve the CONOPS and the
OPLAN.

Article 5

Head of Mission/Police Commissioner

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

The Head of Mission/Police Commissioner

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

1.
The necessary arrangements shall be made regarding the
continuation of the Agreement between the EU and BiH of 4
October 2002 on the activities of the European Union Police
Mission in BiH for the duration of the EUPM.

The Member State or EU institution having seconded a
2.
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
secondee.

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

(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).

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Article 8

Chain of Command

The EUPM shall have a unified chain of command, as a

1.
crisis management operation.

Third States making contributions to the EUPM shall have
in terms of day-to-day
the operation as EU Member States taking

2.
the same rights and obligations
management of
part in the operation.

The Political and Security Committee (PSC) shall provide

2.
the political control and strategic direction.

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

3.
Police Commissioner through the EUSR.

The Head of Mission/Police Commissioner shall lead the

4.
Mission and assume its day-to-day management.

The Head of Mission/Police Commissioner shall report to

5.
the SG/HR through the EUSR.

6.

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

Article 9

Political control and strategic direction

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 in accordance with Article 25 of the Treaty.
This authorisation shall include the powers to appoint a Head
of Mission/Police Commissioner, upon a proposal by the
chain of
and to amend the OPLAN and the
SG/HR,
command. The Council, assisted by the SG/HR, shall decide
on the objectives and termination of the Mission.

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

Article 11

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to the Mission shall be (a) EUR 3 million
for 2005, (b) EUR 9 million for 2006.

The final budget for the years 2006 and 2007 shall be

2.
decided on an annual basis.

The expenditure financed by the amounts stipulated in
3.
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 and of the host country shall
be allowed to tender for contracts.

The PSC shall report to the Council at regular intervals

2.
taking into account the EUSR reports.

The Head of Mission/Police Commissioner shall report
4.
fully to, and be supervised by, the Commission on the activities
undertaken in the framework of his contract.

The PSC shall receive reports by the Police Head of
3.
Mission regarding the conduct of
regular
intervals. The PSC may invite the Police Head of Mission to
its meetings as appropriate.

the Mission at

The financial arrangements shall respect the operational

5.
requirements of the EUPM.

Article 10

Participation of Third States

to the Union's

decision-making
1. Without prejudice
autonomy and its
framework, acceding
single institutional
States, non-EU European NATO members and other non-EU
OSCE Member States currently providing the EUPM with staff
shall be invited, and other third States may be invited to
contribute to the EUPM on the basis that they bear the cost
of sending the police officers and/or the international civilian
staff seconded by them, including salaries, allowances and travel
expenses to and from BiH, and contribute to the running costs
of the EUPM as appropriate.

Expenditure shall be eligible as of the date of entry into

6.
force of this Joint Action.

Article 12

Security

The Head of Mission/Police Commissioner

shall be
1.
responsible for the security of the EUPM and shall, in consul-
tation with the Security Office of the General Secretariat of the
Council, be responsible for ensuring compliance with minimum
security requirements in accordance with the Council's security
regulations.

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The EUPM shall have a dedicated Mission Security Officer

2.
reporting to the Head of Mission/Police Commissioner.

3.
The Head of Mission/Police Commissioner shall consult
with the PSC on security issues affecting the deployment of
the Mission as directed by the SG/HR.

4.
EUPM staff members shall undergo mandatory security
training organised by the GSC Security Office and medical
checks prior to any deployment or travel to the Mission area.

Article 13

Community action

The Council

and the Commission shall,

1.
each in
accordance with their respective powers, ensure consistency
this Joint Action and the
between the implementation of
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.

The Council notes that coordination arrangements already

2.
exist in the Mission area as well as in Brussels.

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 local authorities

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
local authorities in accordance with the procedures appropriate
to their 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 local authorities EU
the
non-classified documents related to the deliberations of
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).

Article 15

Entry into force and duration

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

its

It shall apply from 1 January 2006 until 31 December 2007.

Article 16

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) 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).