Council Joint Action 2005/868/CFSP of  1 December 2005  amending Joint Action 2005/355/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (DRC) with regard to setting up a technical assistance project on improving the chain of payments of the Ministry of Defence in the DRC
Date: 2005-12-01
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, EU financing, armed forces, common foreign and security policy, cooperation policy, financial management, project management, public safety, technical cooperation, the EU's international role, third country

6.12.2005

EN

Official Journal of the European Union

L 318/29

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

COUNCIL JOINT ACTION 2005/868/CFSP

of 1 December 2005

amending Joint Action 2005/355/CFSP on the European Union mission to provide advice and
assistance for security sector reform in the Democratic Republic of the Congo (DRC) with
regard to setting up a technical assistance project on improving the chain of payments of the
Ministry of Defence in the DRC

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 14, the third paragraph of Article 25 and
the second subparagraph of Article 28(3) thereof,

Whereas:

(1)

(2)

(3)

Further to an official invitation from the Government of
the DRC dated 26 April 2005, the Council adopted on
2 May 2005 Joint Action 2005/355/CFSP on the
European Union mission to provide advice and assistance
for security sector reform in the Democratic Republic of
the Congo (DRC) (1), codenamed ‘EUSEC RD Congo’.

integration of

EUSEC RD Congo aims to provide practical support for
army and good
the Congolese
the
governance in the field of security,
including in the
fields of budgetary and financial control and mana-
gement, the status of the military profession, training,
public procurement, accountancy and financial moni-
toring. Pursuant to Article 2 of the said Joint Action
EUSEC RD Congo is to identify and contribute to the
development of various projects and options that the
European Union and/or its Member States may decide
to support in this area.

the modernisation of

Further to a request from the Congolese Government
dated 19 July 2005 for technical and logistical support
for
the system for managing
the staff and finances of the armed forces of the DRC,
EUSEC RD Congo drew up a draft technical assistance
programme aimed,
in particular, at modernising the
chain of payments of the Ministry of Defence in the
DRC.

(4)

(5)

(6)

(7)

(8)

(9)

By letter dated 11 November 2005,
the Secretary-
General/High Representative informed the Congolese
Government that the European Union intended to set
up a technical assistance project for the modernisation
of the said chain of payments.

On 21 November 2005,
General Concept
project on the modernisation of
payments. The project
separate entity within EUSEC RD Congo.

the Council approved the
for setting up a technical assistance
the said chain of
established as a

should be

The chain of payments project is covered by the mission
statement and objectives of EUSEC RD Congo, a civilian
the project’s structure and implementing
mission, but
rules and the staff numbers and budget required make
it necessary to amend Joint Action 2005/355/CFSP.

in
Third countries
accordance with the general guidelines defined by the
European Council.

should take part

in the project

The staff to be deployed in the DRC on the project for
modernising the chain of payments will be covered by
the provisions on the status of personnel applying to
personnel already deployed for EUSEC RD Congo.

The project will be conducted in a situation which may
the
deteriorate
Common Foreign and Security Policy as set out
in
Article 11 of the Treaty,

and could harm the objectives of

(1) OJ L 112, 3.5.2005, p. 20.

HAS ADOPTED THIS JOINT ACTION:

L 318/30

EN

Official Journal of the European Union

6.12.2005

Article 1

Joint Action 2005/355/CFSP is hereby amended as follows:

1.

in Article 2, the following paragraph shall be added:

‘Under the mission statement set out in the first paragraph, a
technical assistance project on the modernisation of
the
chain of payments of the Ministry of Defence of the DRC,
hereinafter referred to as “the chain of payments project”,
shall be set up within the mission in order to carry out
the tasks specified in the General Concept for the project.’;

2.

in Article 3, the following point shall be added:

The Council hereby authorises

and
3.
Security Committee to take the relevant decisions on
acceptance of the contributions proposed and to establish
a Committee of Contributors.

the Political

4.
Detailed arrangements regarding the participation of
third countries shall be covered by agreements concluded
in accordance with the procedure laid down in Article 24
the Treaty. The Secretary-General/High Representative,
of
who shall
such
arrangements on the latter’s behalf. Where the EU and a
third State have concluded an agreement establishing a
framework for the third State’s participation in EU crisis-
management operations, the provisions of that agreement
shall apply in the context of the chain of payments project.’;

the Presidency, may negotiate

assist

‘(c) a team responsible for the chain of payments project

comprising:

4. the following Article shall be inserted:

— a project leader, based in Kinshasa, appointed by,
the Head of

and acting under the authority of,
Mission,

— an “advice, expertise and implementation” division,
based in Kinshasa, composed of staff not attached to
the general staff of
the integrated brigades and
including a mobile team of experts involved in
checks on the military personnel of the integrated
brigades, and

— experts assigned to the general staff of the integrated

brigades.’;

3. the following Article shall be inserted:

‘Article 8a

Participation of third countries in the chain of payments
project

1. Without prejudice to the decision-making autonomy of
the EU and its single institutional framework, third countries
may be invited to contribute to the chain of payments
the staff
they bear
project, provided that
seconded by them,
including salaries, high risk insurance
cover, allowances and travel expenses to and from the
DRC, and that they contribute to the running costs of the
chain of payments project, as appropriate.

the cost of

‘Article 9a

Special provisions regarding the financing of the chain
of payments project

For the period until 15 February 2006, the following

1.
provisions shall apply:

(a) Operating expenditure relating to the chain of payments
project shall be financed exclusively by Member States’
contributions, as listed in the Annex, each State contri-
reference
buting the sum mentioned. The financial
amount is EUR 900 000.

The following expenditure shall, inter alia, be funded by
those contributions:

— staffing costs (per diems and special allowances,
salaries and social security cover of locally recruited
staff,
and travel
costs
allowances
in the DRC and the region, official
flights),

for health care,

flights

— establishment and operating costs (rental/purchase
and use of vehicles, acquisition and maintenance of
computer and telecommunications equipment, office
rental and associated services, office equipment,
miscellaneous equipment, security services, represen-
tation expenses, air transport fees),

2.
Third countries contributing to the chain of payments
project shall have the same rights and obligations in terms of
day-to-day management of the project as EU Member States.

— administrative costs, including audit costs and bank

charges.

6.12.2005

EN

Official Journal of the European Union

L 318/31

(b) Without prejudice to the civilian nature of the mission,
the contributing Member States listed in the Annex may,
for the purposes of this Joint Action, with a view to the
call for contributions and the collection, management,
the corresponding funds and
use and monitoring of
the requisite administrative arrangements, make use in
particular of
the mechanism set up by
Decision 2004/197/CFSP (*), by way of exception, until
15 February 2006 and from 16 February 2006 having
regard to the fact that the project will be financed in
accordance with paragraph 2. The budget of
that
mechanism will not be affected.

the staff of

(d) the financial arrangements shall respect the operational
requirements of the mission, including the compatibility
of equipment.

___________
(*) 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).’;

5. the following Annex shall be added:

‘ANNEX

(c) Estimates of income and expenditure shall be drawn up
in a chain of payments project budget to finance the
period up to 15 February 2006.

List of Member States’ contributions referred to in Article
9a(1)(a)

(d) In no case may the European Communities or the
Secretary-General of
the mechanism
mentioned in point (b), be held liable by a contributing
Member State listed in the Annex as a result of recourse
to that mechanism.

the Council, or

2.
For the period from 16 February to 2 May 2006,
operating expenditure relating to the chain of payments
the
project shall be charged to the general budget of
European Union as follows:

(a)

the financial reference amount shall be EUR 940 000;

(b) expenditure

shall be managed in accordance with
European Community rules and procedures applicable
to the budget, with the exception that any prefinancing
the Community.
shall not
Nationals of third countries shall be allowed to tender
for contracts;

remain the property of

Belgium

France

Luxembourg

Netherlands

United Kingdom

Sweden

EUR 175 000

EUR 175 000

EUR 50 000

EUR 150 000

EUR 175 000
EUR 175 000’.

Article 2

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

its

Article 3

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

Done at Brussels, 1 December 2005.

(c)

the Head of the Mission shall report fully to, and be
supervised by, the Commission regarding the activities
undertaken in the framework of the contract referred
to in Article 5;

For the Council
The President

J. STRAW