Council Joint Action 2005/889/CFSP of  12 December 2005  on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
Date: 2005-12-12
Institutions: Council of the European Union
Subjects: Palestine question, border control, the EU's international role

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Official Journal of the European Union

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COUNCIL JOINT ACTION 2005/889/CFSP

of 12 December 2005

on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM
Rafah)

THE COUNCIL OF THE EUROPEAN UNION,

(5)

The opening of the Rafah Crossing Point has economic,
security and humanitarian implications.

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

(6)

Whereas:

(1)

(2)

(3)

(4)

as part of

the Quartet,

The European Union,
is
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
institution-building
in the
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

fields,

result

Following Israel’s unilateral disengagement from Gaza,
is no longer present at the
the Government of Israel
Rafah Crossing Point and the terminal
is closed apart
from exceptional cases.

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.

recent

report

The Council of 7 November 2005 reiterated the EU’s
support for the work of the Quartet Special Envoy for
Disengagement, and welcomed his
to
members of the Quartet. The Council also noted his
letter of 2 November 2005 in which he requested on
behalf of the parties that the EU consider playing a Third
Party monitoring role at the Rafah Crossing Point on the
Gaza-Egypt border. The Council noted the EU’s wil-
lingness
in principle to provide assistance with the
operation of crossings at Gaza’s border on the basis of
an agreement between the parties.

The EU has identified as a priority the building up of a
Palestinian customs
administration in EC-Palestinian
cooperation. The Community has provided assistance to
the Palestinian border management and has an estab-
lished tripartite dialogue on customs issues with the
Israel and the Palestinian Authority.
Government of
The Palestinian Authority is engaged in developing
detailed plans for border security procedures with the
support of the USA and Israel.

to the European Commissioner

On 24 October 2005 the Palestinian Prime Minister sent
for External
a letter
Relations and European Neighbourhood Policy in which
he requested the EC’s assistance in such areas as capacity
building of Palestinian personnel at the Rafah crossing
point,
the development and installation of needed
systems and equipment, and providing advice and
support of Palestinian officials on duty at
the Rafah
Crossing Point.

On 15 November 2005 the Government of Israel and
the Palestinian Authority concluded an Agreement on
Movement and Access at border crossing points with
inter alia, indicated the role of the EU as
Gaza, which,
a third party regarding the operation of
the relevant
crossing points.

In letters of invitation, on 20 November 2005 and on
Palestinian
23 November
Authority and the Government of Israel invited the EU
to establish a European Union Border Assistance Mission
for the Rafah Crossing Point (EU BAM Rafah).

respectively,

2005

the

(7)

(8)

(9)

(10)

The European Union mission 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. The mission
will seek coherence and coordination with the capacity-
building actions of
the Community, notably in the
domain of customs administration.

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(11)

The mission will be set in the wider context of the EU
and of the international community’s effort to support
the Palestinian Authority in taking responsibility for law
and order, and in particular, in improving its civil police
and law enforcement capacity.

(12) Appropriate liaison with the European Union Police
Mission for the Palestinian Territories, referred to as the
European Union Coordinating Office for Palestinian
Police Support (EUPOL COPPS) (1), should be ensured.

Article 2

Mission statement

The aim of EU BAM Rafah is to provide a Third Party presence
in coop-
at the Rafah Crossing Point in order to contribute,
eration with the Community’s institution-building efforts, to the
opening of the Rafah Crossing Point and to build up confidence
between the Government of Israel and the Palestinian Authority.

To this end, EU BAM Rafah shall:

(13)

(14)

(15)

The mission 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
in
Common Foreign and Security Policy as set out
Article 11 of the Treaty.

(a) actively monitor,

verify

and evaluate

the Palestinian
Authority’s performance with regard to the implementation
the Framework, Security and Customs Agreements
of
the
concluded between the Parties on the operation of
Rafah terminal;

Security is a prime and continuing concern and appro-
priate
should be
to ensure
adopted.

arrangements

security

(b) contribute, through mentoring, to building up the Pales-
tinian capacity in all aspects of border management at
Rafah;

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
in accordance
Secretary-General/High Representative,
with Articles 18 and 26 of the Treaty.

(c) contribute to the liaison between the Palestinian, Israeli and
the

Egyptian
aspects
management of the Rafah Crossing Point.

authorities

regarding

all

in

reference amount

(16) 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 political authority and is subject to
the availability of commitment appropriations during the
respective budget year,

for

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
A European Union Border Assistance Mission for the
is hereby established,
Rafah Crossing Point (EU BAM Rafah)
with an operational phase beginning on 25 November 2005.

EU BAM Rafah shall implement the responsibilities entrusted to
it in the Agreements between the Government of Israel and the
Palestinian Authority regarding the management of the Rafah
Crossing Point. It shall not undertake substitution tasks.

Article 3

Duration

The mission will have a duration of 12 months.

Article 4

Structure of the mission

EU BAM Rafah shall consist of the following elements:

(a) Head of Mission, assisted by an advisory staff;

(b) Monitoring and Operations Department;

(c) Administration Services Department.

EU BAM Rafah shall operate in accordance with the

2.
mission statement as set out in Article 2.

(1) Council

Joint Action 2005/797/CFSP of 14 November 2005 (OJ

L 300, 17.11.2005, p. 65).

These elements shall be developed in the Concept of Operations
(CONOPS) and Operation Plan (OPLAN). The Council shall
approve the CONOPS and the OPLAN.

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Article 5

Head of Mission

1. Major General Pietro Pistolese is hereby appointed Head of
Mission of EU BAM Rafah.

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

The Head of Mission shall exercise Operational Control
2.
over EU BAM Rafah and assume the day-to-day management
of EU BAM Rafah and coordination of EU BAM Rafah activities
including the management of security of EU BAM Rafah
personnel, resources and information.

The Head of Mission shall be responsible for disciplinary
the EU BAM Rafah personnel. For seconded
exercised by the

3.
control over
personnel, disciplinary action shall be
national or EU authority concerned.

The Head of Mission shall sign a contract with the

4.
Commission.

The Head of Mission shall ensure appropriate visibility of

5.
the EU presence.

Article 6

Planning phase

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

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

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

comprehensive

into account

take

the

International and local

3.
contractual basis by EU BAM Rafah as required.

staff

shall be recruited on a

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

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

6.
EU police officers will wear national uniforms and EU
insignia as appropriate and other members of the mission will
wear identification as appropriate, subject to the decision by the
Head of Mission, taking into account security considerations.

Article 8

Status of EU BAM RAFAH personnel

the privileges,

1. Where required, the status of EU BAM Rafah personnel,
immunities and
including, where appropriate,
further guarantees necessary for the completion and smooth
functioning of EU BAM Rafah shall be
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

2. Member State or EU institution having seconded a staff
member shall be responsible for answering any claims, from or
concerning the staff member,
linked to the secondment. The
Member State or EU institution in question shall be responsible
for bringing any action against the secondee.

Article 7

EU BAM Rafah personnel

The numbers

1.
and competence of EU BAM Rafah
personnel shall be consistent with the mission statement set
out in Article 2 and the structure set out in Article 4.

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 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 9

Chain of command

EU BAM Rafah 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.

The

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

shall

shall be invited and third States may be invited to contribute to
EU BAM Rafah, 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
EU BAM Rafah, as appropriate.

including salaries, medical

them,

2.
Third States making contributions to EU BAM Rafah 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.

The Head of Mission shall lead EU BAM Rafah and assume

4.
its day-to-day management.

The Council hereby authorises the PSC to take the relevant
3.
including
decisions regarding the participation of third States,
their proposed contributions and to establish a Committee of
Contributors.

5.
The Head of Mission shall report to the Secretary-Gener-
al/High Representative through the EU Special Representative.

The EU Special Representative shall report to the Council

6.
through the Secretary-General/High Representative.

Article 10

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 power to amend the OPLAN
authorisation shall
and the chain of command.
It shall also include powers to
take subsequent decisions regarding the appointment of the
Head of Mission. The Council, assisted by the Secretary-Gener-
al/High Representative, shall decide on the objectives and termi-
nation of the mission.

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 EU BAM Rafah.

Article 12

Security

1.
The Head of Mission shall be responsible for the security
of EU BAM Rafah and shall, in consultation with the Security
Office of the General Secretariat of the Council, be responsible
for ensuring compliance with minimum security requirements
in conformity with the Council’s security regulations.

3.

The PSC shall report to the Council at regular intervals.

2.
EU BAM Rafah shall have a dedicated mission Chief
Security Officer, assisted by a security team, reporting to the
Head of Mission.

4.
The PSC shall receive reports by the Head of Mission
regarding contributions to and the conduct of the mission, at
regular intervals. The PSC may invite the Head of Mission to its
meetings, as appropriate.

Article 11

Participation of third States

1. Without prejudice to the decision-making autonomy of
the EU and its single institutional framework, acceding States

3.
The Head of Mission shall consult with the PSC on
security issues affecting the deployment of EU BAM Rafah as
directed by the Secretary-General/High Representative.

4.
EU BAM Rafah staff members shall undergo mandatory
security training and medical checks prior to any deployment or
travel to the mission area.

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Article 13

Financial arrangements

‘RESTREINT UE’ generated for the purposes of the
the level
mission, in accordance with the Council’s security regulations.

The financial reference amount

1.
intended to cover the
expenditure related to the mission shall be EUR 1 696 659
for 2005 and EUR 5 903 341 for 2006.

2.
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 contri-
buting financially to the mission, host parties and, if required
the mission, of neighbouring
for the operational needs of
countries shall be allowed to tender for contracts.

The Head of Mission shall

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

report

The financial arrangements shall respect the operational
including compatibility of

4.
requirements of EU BAM Rafah,
equipment and interoperability of its teams.

Expenditure shall be eligible as of the date of entry into

5.
force of this Joint Action.

Article 14

Community action

The Council

and the Commission shall,

1.
each in
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.

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

The Secretary-General/High Representative is authorised to
3.
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).

Article 16

Entry into force

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

its

It shall expire on 24 November 2006.

Article 17

Review

This Joint Action shall be reviewed by 30 September 2006 at
the latest.

Article 18

Publication

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

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

Article 15

Release of classified information

Done at Brussels, 12 December 2005.

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

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).