Council Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGANISTAN)
Date: 2007-05-30
Institutions: Council of the European Union
Subjects: Afghanistan, peacekeeping, police cooperation, the EU's international role

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2007/369/CFSP

of 30 May 2007

on establishment of the European Union Police Mission in Afghanistan

(EUPOL AFGANISTAN)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

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

Whereas:

(1)

(2)

On 16 November 2005, the Council agreed on the Joint
Declaration ‘Committing to a new EU Afghan Part-
nership’ which stated the commitment of the European
Union (EU) and the Government of the Islamic Republic
‘to a
of Afghanistan (the Government of Afghanistan)
secure, stable, free, prosperous and democratic Afgha-
nistan as laid out in the Afghan Constitution adopted
on 4 January 2004 (14 Dalwa 1383). Both parties
wish to see Afghanistan play a full and active role in
the international community and are committed to
building a prosperous future free from the threats of
terrorism, extremism and organised crime’.

On 31 January 2006, the Afghanistan Compact (London)
was launched. This Agreement affirmed the commitment
of the Government of Afghanistan and the international
community and established an effective mechanism for
coordinating Afghan and international efforts over the
next five years to work towards conditions where the
Afghan people can live in peace and security under the
rule of law, with good governance and human rights
protection for all, and can enjoy sustainable economic
and social development.

(4)

(5)

The Afghanistan Compact supports the Afghan Govern-
ment's interim National Development Strategy (i-ANDS)
which lays out their vision and investment priorities. The
i-ANDS reflects a process of national consultation, under-
pinning the benchmarks in the Afghanistan Compact and
the targets set in Afghanistan's Millennium Development
Goals.

(PSC),

containing

an analysis of

On 13 October 2006 the Joint EU Assessment Mission
report was presented to the Political and Security
Committee
the
situation of the rule of law in Afghanistan as well as
recommendations for a way forward to strengthen the
EU's contribution to the sector in Afghanistan and to
make a strategic impact. The Joint Assessment Mission
inter alia,
the EU could
report
recommended,
consider contributing further
the police
sector through a police mission, and that a fact finding
mission could be sent to Afghanistan in order to explore
further the feasibility of such a mission.

that
to support

A fact-finding mission was sent to Afghanistan between
27 November and 14 December 2006. Following on
conclusions of 11 December 2006, on
from its
12 February 2007,
the Council approved the Crisis
Management Concept (CMC) for an EU police mission
to Afghanistan in the field of policing with linkages to
the wider rule of law and agreed that the mission would
provide added value. The mission will work towards an
Afghan police force in local ownership,
that respects
human rights and operates within the framework of
the rule of law. The mission should build on current
and strategic
efforts,
approach,
the
mission should address
issues of police reform at
central, regional and provincial levels.

in line with the CMC.

and follow a

comprehensive

In doing so,

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(6)

(7)

(8)

(9)

On 23 March 2007, the United Nations Security Council
adopted Resolution 1746 (2007) on the extension of UN
Assistance Mission in Afghanistan's (UNAMA) mandate,
inter alia, welcomes the decision by the EU to
which,
establish a police mission in the field of policing with
linkages to the wider rule of law and counter-narcotics,
to assist and enhance current efforts in the area of police
reform at central and provincial levels, and looks forward
to the early launch of the mission.

On 23 April 2007, the Council approved the Concept of
Operations (CONOPS)
for an EU police mission to
Afghanistan (EUPOL AFGHANISTAN) with linkages to
the wider rule of law.

In a letter of invitation of 16 May 2007 the Government
of Afghanistan invited the EU to launch an EU police
mission to Afghanistan.

to support

The EU police mission will be set in the wider context of
the international community's effort
the
Government of Afghanistan in taking responsibility for
strengthening the rule of
in
improving its civil police and law enforcement capacity.
Close coordination between the EU police mission and
other international actors involved in security assistance,
including the International Security Assistance Force
(ISAF), as well as those providing support to police and
rule of law reform in Afghanistan, will be ensured.

law, and in particular,

(10) As stated in the CONOPS, and given the need for a
tangible EU commitment
to police reform, and the
linkage to the objectives of the Afghanistan Compact,
the envisaged minimum time frame of
the mission
shall be three years. Owing to the unpredictability of
the situation and to the need to ensure a flexible
approach,
assessment
and in accordance with the
criteria set out in the CONOPS and in the OPLAN, the
size and scope of the Mission should be subject to a six-
monthly review.

(11)

The mandate of the Mission will be implemented in the
context of a situation which may deteriorate and could
harm the objectives of the Common Foreign and Security
Policy (CFSP) as set out in Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
The European Union hereby establishes a European Union
Police Mission to Afghanistan (‘EUPOL AFGHANISTAN’ or the
‘Mission’) for a period of three years, comprising a planning

phase beginning on 30 May 2007, and an operational phase
beginning no later than 15 June 2007.

EUPOL AFGHANISTAN shall operate in accordance with
2.
the objectives set out in Article 3 and carry out the tasks as set
out in Article 4.

Article 2

Planning Phase

During the planning phase of the Mission, the Head of
1.
Mission shall be assisted by a planning team comprising the
necessary staff to respond to Mission preparation needs.

2.
The Head of Mission, assisted by the planning team, shall
draw up the Operational Plan (OPLAN) and develop all
technical
instruments necessary to execute EUPOL AFGHA-
NISTAN.

3.
A comprehensive risk assessment shall be carried out as a
priority in the planning process and shall be updated as
necessary, focussing specifically on the security risks associated
with Mission activities. The OPLAN shall
take into account
updated risk assessments and shall include a security plan.

During the Planning Phase,

4.
the Head of Mission shall
work closely with the EU Special Representative (EUSR) for
Afghanistan,
the Commission and Member States currently
involved in police reform in Afghanistan.

5.
The Head of Mission shall work closely and coordinate
with the Government of Afghanistan and relevant international
actors, as appropriate, including NATO/ISAF, Provincial Recon-
struction Team (PRT) Lead Nations, the UN (United Nations
Assistance Mission Afghanistan (UNAMA)), and third states
currently involved in police reform in Afghanistan.

6.

The Council shall approve the OPLAN.

Article 3

Objectives

EUPOL AFGHANISTAN shall significantly contribute to the
establishment under Afghan ownership of
sustainable and
effective civilian policing arrangements, which will ensure
appropriate interaction with the wider criminal justice system,
in keeping with the policy advice and institution building work
the Community, Member States and other international
of
actors. Further the Mission will support
the reform process
towards a trusted and efficient police service, which works in
accordance with international standards, within the framework
of the rule of law and respects human rights.

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Article 4

Tasks

In order to fulfil the objectives set out in Article 3, EUPOL

1.
AFGHANISTAN shall:

(a) work on strategy development, while placing an emphasis
on work towards a joint overall strategy of the international
community in police reform, taking into account the Afgha-
nistan Compact and the i-ANDS;

(b) support

the Government of Afghanistan in coherently

implementing their strategy;

2. Mission staff shall be deployed at the central, regional and
in light of the security assessment. Technical
provincial
level
and Regional
arrangements will be
information exchange,
Command/PRT Lead Nations
including accommo-
medical, security and logistical support
dation by Regional Commands and PRTs.

sought with ISAF
for

3.
In addition, a number of Mission staff will be deployed to
improve strategic coordination in police reform in Afghanistan,
as appropriate, and in particular with the International Police
Coordination Board Secretariat in Kabul.

Article 6

Head of Mission

(c)

improve cohesion and coordination among international
actors; and

Brigadier General Friedrich Eichele is hereby appointed

1.
Head of Mission of EUPOL AFGHANISTAN.

(d) support linkages between the police and the wider rule of

law.

These tasks will be further developed in the OPLAN.

2.
EUPOL AFGHANISTAN shall be a non-executive Mission.
It shall carry out its tasks through, amongst other means, moni-
toring, mentoring, advising and training.

EUPOL AFGHANISTAN shall, as appropriate, coordinate,
3.
implemented by
facilitate and provide advice on projects
Member States and third states under their responsibility,
in
areas related to the Mission and in support of its objectives.

Article 5

The Head of Mission shall exercise operational control
its day-to-day

2.
over EUPOL AFGHANISTAN and assume
management.

National authorities shall transfer operational control to

3.
the Head of Mission of EUPOL AFGHANISTAN.

The Head of Mission shall be responsible for disciplinary
4.
control over the staff. For seconded staff, disciplinary action
shall be exercised by the national or EU authority concerned.

For the purpose of implementing the Mission's budget, the

5.
Head of Mission shall sign a contract with the Commission.

Structure of the Mission

6.

The Head of Mission shall work closely with the EUSR.

The Mission will have its Head Quarters (HQ) in Kabul

1.
comprising:

(i) the Head of Mission;

(ii) Central Staff Advisers, including a Senior Mission Security

Officer (SMSO);

(iii) a Training Section;

(iv) Advice and Mentoring Sections;

(v) an Administration Department.

7.
The Head of Mission shall ensure that EUPOL AFGHA-
NISTAN works closely and coordinates with the Government of
Afghanistan and relevant international actors, as appropriate,
including NATO/ISAF, Provincial Reconstruction Team (PRT)
Lead Nations,
the UN (United Nations Assistance Mission
Afghanistan (UNAMA)), and third states currently involved in
police reform in Afghanistan.

The Head of Mission shall ensure appropriate visibility of

8.
the Mission.

Article 7

Staff

The Mission will include, as appropriate, a support element in
Brussels.

1.
The numbers and competence of EUPOL AFGHANISTAN
staff shall be consistent with the objectives set out in Article 3,
the tasks set out in Article 4 and the structure of the Mission set
out in Article 5.

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EUPOL AFGHANISTAN shall consist primarily of staff

2.
seconded by Member States or EU institutions.

The Head of Mission will lead the Mission and assume its

4.
day-to-day management.

Each Member State or EU institution shall bear the costs
3.
including travel
the staff seconded by it,
related to any of
expenses
salaries,
to and from the place of deployment,
medical coverage, and allowances, other than applicable per
diems as well as hardship and risk allowances.

EUPOL AFGHANISTAN may also recruit international and

4.
local staff on a contractual basis as required.

5.
All staff shall remain under the authority of the appro-
priate sending state or EU institution and shall carry out their
duties and act in the interest of the Mission. All staff shall
respect the security principles and minimum standards estab-
lished by Council Decision 2001/264/EC of 19 March 2001
adopting the Council's security regulations (1).

Article 8

Status of EUPOL AFGHANISTAN staff

The status of EUPOL AFGHANISTAN staff in Afghanistan,
1.
immunities and
including, where appropriate the privileges,
further guarantees necessary for the completion and smooth
functioning of EUPOL AFGHANISTAN shall be laid down in
an Agreement to be concluded in accordance with Article 24 of
the Treaty. The Secretary-General/High Representative (SG/HR)
assisting the Presidency may negotiate such arrangements on its
behalf.

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

The conditions of employment and the rights and obli-
3.
gations of
international and local civilian staff shall be laid
down in contracts between the Head of Mission and the
members of staff.

Article 9

Chain of Command

EUPOL AFGHANISTAN shall have a unified chain of

1.
command, as a crisis management operation.

The PSC shall exercise political control and strategic

2.
direction.

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

3.
through the EUSR.

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

2005/952/EC (OJ L 346, 29.12.2005, p. 18).

The Head of Mission will report to the SG/HR through the

5.
EUSR.

6.

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

Article 10

Political control and strategic direction

The PSC shall exercise, under the responsibility of the
1.
Council,
the
the political control and strategic direction of
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 power to amend the OPLAN
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 SG/HR, shall decide on the
objectives and termination of the Mission.

2.

The PSC shall report to the Council at regular intervals.

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

Article 11

Security

1.
The Head of Mission is responsible for the security of
EUPOL AFGHANISTAN and shall exercise this responsibility
in compliance with the EU's policy on the security of EU staff
deployed outside the EU in an operational capacity under
Title V of the Treaty and its supporting documents.

2.
The Head of Mission shall be assisted by a Senior Mission
Security Officer (SMSO), who will report to the Head of Mission
and also maintain a close functional relationship with the
Council Security Office.

3.
The Head of Mission will appoint Area Security Officers in
the provincial and regional mission locations, who, under the
authority of the SMSO will be responsible for the day to day
management of all security aspects of the respective Mission
elements.

security

Appropriate

4.
in
accordance with the OPLAN, for all Mission staff. They shall
also receive regular in-theatre refresher training organised by the
SMSO.

training will be provided,

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Article 12

Participation of third states

1. Without prejudice to the EU's decision-making autonomy
and its single institutional framework, candidate and other third
states may be invited to contribute to EUPOL AFGHANISTAN
on the basis that they bear the costs of sending the police
experts and/or the civilian staff seconded by them,
including
salaries, allowances, medical coverage, high risk insurance and
travel expenses to and from Afghanistan, and contribute to the
running costs of EUPOL AFGHANISTAN as appropriate.

The Council hereby authorises the PSC to take the relevant

2.
decisions on acceptance of the proposed contributions.

Third states making contributions to EUPOL AFGHA-
3.
NISTAN shall have the same rights and obligations in terms
of day-to-day management of the operation as Member States
taking part in the operation.

4.
The PSC shall take appropriate action with regard to parti-
cipation arrangements and shall, if required, submit a proposal
to the Council, including on possible financial participation or
contributions in-kind from third states.

the Treaty and additional

5.
Detailed arrangements regarding the participation of third
states shall be the subject of agreements pursuant to Article 24
of
as
necessary. The SG/HR assisting the Presidency may negotiate
such arrangements on its behalf. Where the EU and a third
state have concluded an agreement establishing a framework
third state in the EU crisis
for
management operations, the provisions of such an agreement
shall apply in the context of this operation.

the participation of

arrangements

technical

this

Article 13

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to EUPOL AFGHANISTAN until 29 March
2008 shall be EUR 43 600 000.

The financial reference amount for the years 2008, 2009
2.
and 2010 for EUPOL AFGHANISTAN shall be decided by the
Council.

3.
All expenditure shall be managed in accordance with the
Community 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 Mission shall

4.
fully to, and be
supervised by, the Commission on the activities undertaken in
the framework of his contract.

report

Nationals of third states shall be allowed to tender for
5.
contracts. Subject to the Commission's approval, the Head of
Mission may conclude technical arrangements with Regional
Command/PRT lead nations and international actors deployed
in Afghanistan regarding the provision of equipment, services
and premises to the Mission, notably where security conditions
so require.

The financial arrangements shall respect the operational
including compat-
its teams, and
in

6.
requirements of EUPOL AFGHANISTAN,
ibility of equipment and interoperability of
shall
Regional Commands and PRTs.

take into consideration the deployment of

staff

The expenditure shall be eligible as from the date of

7.
adoption of this Joint Action.

Article 14

Coordination with Community actions

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
the Community in accordance with
external activities of
Article 3 of
the Treaty. The Council and the Commission
shall cooperate to this end.

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

Article 15

Release of classified information

1.
The SG/HR shall be authorised to release to NATO/ISAF
EU classified information and documents generated for the
in accordance with the Council's
purposes of
the Mission,
security regulations. Local
shall be
drawn up to facilitate this.

technical arrangements

2.
The SG/HR shall be authorised to release to third states
Joint Action, as appropriate and in
associated with this
accordance with the needs of the Mission, EU classified infor-
‘CONFIDENTIEL UE’
mation and documents up to the level
generated for the purposes of the Mission, in accordance with
the Council's security regulations.

3.
The SG/HR shall be authorised to release to the United
Nations/UNAMA, as appropriate and in accordance with the
operational needs of
the Mission, 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. Local arrangements shall be drawn up for
this purpose.

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In the event of a specific and immediate operational need,
4.
the SG/HR shall also be authorised to release to the host State
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
host State in accordance with procedures appropriate to the
host State's level of cooperation with the EU.

5.
The SG/HR shall be authorised to release to third states
associated with this Joint Action, 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 Rules of Procedure (1).

Article 17

Review

This Joint Action shall be reviewed every six months in

1.
order to adjust the Mission size and scope as necessary.

This Joint Action shall be reviewed, no later than three
in order to determine whether the

2.
months before its expiry,
Mission should be continued.

Article 18

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

Article 16

Entry into force and duration

Done at Brussels, 30 May 2007.

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

its

It shall expire on 30 May 2010.

For the Council
The President

U. VON DER LEYEN

(1) Council Decision 2006/683/EC, Euratom of 15 September 2006
adopting the Council's Rules of Procedure (OJ L 285, 16.10.2006,
p. 47). Decision as amended by Decision 2007/4/EC, Euratom
(OJ L 1, 4.1.2007, p. 9).