Council Joint Action 2006/319/CFSP of  27 April 2006  on the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process
Date: 2006-04-27
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, common foreign and security policy, military intervention, multinational force, peacekeeping, the EU's international role

L 116/98

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Official Journal of the European Union

29.4.2006

COUNCIL JOINT ACTION 2006/319/CFSP

of 27 April 2006

on the European Union military operation in support of the United Nations Organisation Mission in
the Democratic Republic of the Congo (MONUC) during the election process

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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

By letter dated 27 December 2005, the United Nations
Under-Secretary-General
for Peace-keeping Operations
invited the European Union to consider the possibility
of deploying a military force
to the Democratic
Republic of
the Congo to assist MONUC during the
electoral process.

Whereas:

(5)

On 23 March 2006 the Council approved an option
paper for possible EU support to MONUC.

(1)

(2)

in which it

the United Nations Security
On 28 October 2005,
adopted Resolution 1635 (2005) on the
Council
the
situation concerning the Democratic Republic of
inter alia reaffirmed its
Congo (DRC),
support for the process of the Global and All Inclusive
Agreement on the Transition in DRC, signed on 17
December 2002, and underlined the importance of
elections
term
foundation for
restoration of peace and stability, national reconciliation
and establishment of the rule of law in DRC. In that
Resolution the mandate of the United Nations Organi-
sation Mission in the Democratic Republic of the Congo
(MONUC) was extended until 30 September 2006.

longer

the

the

as

The European Union is committed to supporting the
transition process in the DRC, and the Council has to
that effect inter alia adopted Joint Actions on two current
missions:
Joint Action 2004/847/CFSP of 9 December
2004 on the European Union Police Mission in
Kinshasa (DRC)
regarding the Integrated Police Unit
(EUPOL Kinshasa) (1) and Joint Action 2005/355/CFSP
of 2 May 2005 on the European Union mission to
provide advice and assistance for security sector reform
in the Democratic Republic of the Congo (DRC) (2) (here-
inafter referred to as EUSEC RD Congo). In 2003, the
European Union, under Joint Action 2003/423/CFSP (3),
conducted a military operation in the DRC (Operation
in accordance with United Nations Security
Artemis)
Council Resolution 1484 (2003).

(3)

On 20 February 2006 the Council adopted Joint Action
2006/122/CFSP (4) extending the mandate of Mr Aldo
Ajello as the European Union Special Representative
(EUSR) for the African Great Lakes Region.

(1) OJ L 367, 14.12.2004, p. 30. Joint Action as amended by Joint

Action 2005/822/CFSP (OJ L 305, 24.11.2005, p. 44).

(2) OJ L 112, 3.5.2005, p. 20. Joint Action as amended by Joint Action

2005/868/CFSP (OJ L 318, 6.12.2005, p. 29).

(3) OJ L 143, 11.6.2003, p. 50.
(4) OJ L 49, 21.2.2006, p. 17.

(6)

(7)

The Presidency has confirmed the principles for the EU
military support to MONUC in a letter of 28 March
2006.

United Nations Security Council Resolution 1671 (2006)
of 25 April 2006 authorised the EU to deploy forces in
the DRC in support of MONUC during the election
process; it also contains provisions regarding the appli-
cation of the Agreement between the United Nations and
the DRC on the status of MONUC, signed on 4 May
2000, to the EU-led forces.

(8)

The DRC authorities have welcomed a possible EU
military support to MONUC during the electoral process.

(9)

(10)

The Political and Security Committee (PSC)
should
exercise political control of the EU military operation
in the DRC in support of MONUC, provide it with
strategic direction and take the relevant decisions in
accordance with third subparagraph of Article 25 of
the EU Treaty.

implications,

In accordance with Article 28(3) of the EU Treaty, the
operational expenditure arising from this Joint Action,
should be
having military or defence
charged to the Member States
in accordance with
Council Decision 2004/197/CFSP of 23 February 2004
establishing a mechanism to administer the financing of
the common costs of European Union operations having
military or defence implications (5) (hereinafter referred to
as ATHENA).

(5) 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).

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(11) Article 14(1) of the EU Treaty calls for the indication in
Joint Actions of the means to be made available to the
European Union. The financial reference amount for the
common costs of the EU military operation constitutes
the best current estimate and is without prejudice to the
final figures that are to be included in a budget to be
approved in accordance with the rules laid down in
ATHENA.

Article 5

Planning and launching of the operation

The Decision on the launching of the EU military operation
shall be adopted by the Council following the approval of the
Operation Plan and the Rules of Engagement and in the light of
the electoral calendar in the DRC.

(12)

establishing

In accordance with Article 6 of
the Protocol on the
position of Denmark annexed to the EU Treaty and to
the Treaty
the European Community,
Denmark does not participate in the elaboration and
implementation of
the
European Union which have defence
implications.
Denmark does not participate in the implementation of
this Joint Action and therefore does not participate in the
financing of the operation,

actions of

decisions

and

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
The European Union shall conduct a military operation in
the DRC in support of MONUC during the election process,
named Operation EUFOR RD Congo,
in accordance with the
mandate set out in United Nations Security Council Resolution
1671 (2006).

The forces deployed to that effect

2.
accordance with the objectives for possible EU support
MONUC as approved by the Council on 23 March 2006.

shall operate in
to

Article 2

Appointment of the EU Operation Commander

Lieutenant General Karlheinz VIERECK is hereby appointed EU
Operation Commander.

Article 3

Designation of the EU Operational Headquarters

The EU Operational Headquarters shall be located at Armed
Forces Operations Command (Einsatzführungskommando der
Bundeswehr (EinsFüKdo Bw)) in Potsdam.

Article 4

Designation of the EU Force Commander

Major General Christian DAMAY is hereby appointed EU Force
Commander.

Article 6

Political control and strategic direction

Under the responsibility of the Council,

the PSC shall
1.
exercise the political control and strategic direction of the EU
military operation. The Council hereby authorises the PSC to
take the relevant decisions in accordance with Article 25 of the
EU Treaty. This authorisation shall include the powers to amend
the
the planning documents,
Chain of Command and the Rules of Engagement.
It shall
also include the powers to take further decisions on the
the EU Operation Commander and/or EU
appointment of
Force Commander. The powers of decision with respect
to
the objectives and termination of the EU military operation
shall remain vested in the Council, assisted by the Secretary-
General/High Representative (SG/HR).

including the Operation Plan,

2.

The PSC shall report to the Council at regular intervals.

3.
The PSC shall receive reports from the Chairman of the
European Union Military Committee (CEUMC) regarding the
conduct of the EU military operation, at regular intervals. The
PSC may invite the EU Operation Commander and/or EU Force
Commander to its meetings, as appropriate.

Article 7

Military direction

The EU Military Committee (EUMC) shall monitor the
the EU military operation conducted

1.
proper execution of
under the responsibility of the EU Operation Commander.

2.
The EUMC shall receive reports from the EU Operation
Commander at regular intervals. It may invite the EU Operation
Commander and/or EU Force Commander to its meetings as
necessary.

The CEUMC shall act as the primary point of contact with

3.
the EU Operation Commander.

Article 8

Coherence of EU response

the EUSR,

the SG/HR,

The Presidency,
the EU Operation
Commander and the EU Force Commander, and the Heads of
Mission for EUPOL Kinshasa and EUSEC RD Congo respectively
shall ensure close coordination of their respective activities with
respect to the implementation of this Joint Action.

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Article 9

Relations with the United Nations, DRC and other actors

1.
The SG/HR, assisted by the EUSR shall, in close coordi-
nation with the Presidency, act as a primary point of contact
with the United Nations, the authorities of the DRC and neigh-
bouring countries, as well as with other relevant actors.

The EU Operation Commander shall,

in close coordi-
2.
nation with the SG/HR,
liaise with the Department of Peace-
keeping Operations (DPKO) in the United Nations and MONUC
on issues relevant to his mission.

Third States making significant military contributions to
4.
the EU military operation shall have the same rights and obli-
gations in terms of day-to-day management of the operation as
EU Member States taking part in the operation.

5.
The Council hereby authorises the PSC to take relevant
decisions on the setting-up of a Committee of Contributors,
should third States provide significant military contributions.

Article 11

Community action

The EU Force Commander in coordination with the EUSR
3.
and the Heads of Mission for EUPOL Kinshasa and EUSEC RD
Congo respectively shall, on issues relevant
to his mission,
maintain close contacts with MONUC and local authorities, as
well as with other international actors, as appropriate.

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

Article 10

Article 12

Participation of third States

Status of the EU-led forces

1. Without prejudice to the decision-making autonomy of
the European Union and to the single institutional framework,
and in accordance with the relevant guidelines of the European
Council:

The status of the EU-led forces and their personnel, including
the privileges, immunities and further guarantees necessary for
the fulfilment of their mission, will be determined in accordance
with the relevant provisions of United Nations Security Council
Resolution 1671 (2006).

— the non-EU European NATO members shall be invited to

participate in the EU military operation,

— countries which are

accession to the
candidates
European Union and other potential partners may be
invited to participate in the EU military operation in
accordance with the agreed modalities.

for

Article 13

Financial arrangements

The common costs of the EU military operation shall be

1.
administered by ATHENA.

2.

For the purposes of this EU military operation:

The Council hereby authorises the PSC to take, upon the
2.
the EU Operation Commander and the
recommendation of
EUMC, the relevant decisions on acceptance of the proposed
contributions.

— barracks and lodging for the forces as a whole shall not be

eligible for payment as common costs,

3.
Detailed arrangements regarding the participation of third
States shall be the subject of agreements to be concluded in
accordance with the procedure laid down in Article 24 of the
EU Treaty. The SG/HR, assisting the Presidency, may negotiate
such agreements on its behalf. Where the EU and a third State
have concluded an agreement establishing a framework for the
latter's participation in the EU crisis management operations,
the provisions of
shall apply in the
such an agreement
context of this operation.

— expenditure related to transportation for the forces as a
whole shall not be eligible for payment as common costs.

3.
The financial reference amount for the common costs of
the EU military operation for a four-month period shall be EUR
16 700 000. The percentage of the reference amount referred to
in Article 31(3) of Decision 2004/197/CFSP shall be 70 %.

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Article 14

Release of information to United Nations, MONUC and
other third parties

The SG/HR is hereby authorised to release to the United
1.
Nations, MONUC and to other third parties, associated with this
Joint Action,
EU classified information and documents
generated for the purposes of the EU military operation up to
the level of classification relevant respectively for each of them
and in accordance with the Council Security Regulations.

2.
The SG/HR is hereby authorised to release to the United
Nations, MONUC and to other third parties, associated with this
Joint Action, EU non-classified documents related to the delib-
erations of the Council with regard to the operation, covered by
the obligation of professional secrecy pursuant to Article 6(1) of
the Council Rules of Procedure (1).

Article 15

Entry into force and termination

This Joint Action shall enter into force on the date of its

1.
adoption.

The EU military operation shall end four months after the

2.
date of the first round of elections in the DRC.

This Joint Action shall be repealed following the rede-
3.
ployment of all EU forces, in accordance with approved termi-
nation planning of the EU military operation.

Article 16

Publication

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

Done at Luxembourg, 27 April 2006.

For the Council
The President

L. PROKOP

(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 last amended by Decision 2006/34/EC, Euratom
(OJ L 22, 26.1.2006, p. 32).