Council Joint Action 2007/405/CFSP of 12 June 2007 on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)
Date: 2007-06-12
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, EU police mission, judicial cooperation, police cooperation

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2007/405/CFSP

of 12 June 2007

on the European Union police mission undertaken in the framework of reform of the security
sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo
(EUPOL RD Congo)

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

Further to an official invitation from the Government of
the Democratic Republic of
the Congo (DRC), on
9 December 2004 the Council adopted Joint Action
2004/847/CFSP on the European Union Police Mission
in Kinshasa (DRC) regarding the Integrated Police Unit
(EUPOL ‘Kinshasa’) (1), as provided for in the Global and
Inclusive Agreement on Transition in the Democratic
on
Republic
17 December 2002, and the Memorandum on the
Army and Security of 29 June 2003.

the Congo,

in Pretoria

signed

of

Following the promulgation on 18 February 2006 of the
Constitution of the Democratic Republic of the Congo,
the elections held in the DRC in 2006 marked the end of
the transition process and enabled a government to be
formed in 2007. Its programme provides in particular for
a comprehensive reform of the security sector (SSR), the
drawing up of a national plan, and priority reforms in
the police, armed forces and judicial sectors.

the DRC which is contributing to the security and
stability of the country. On 15 May 2007, the United
Nations Security Council
adopted Resolution 1756
(2007) extending MONUC's mandate and allowing it,
in close cooperation with other international partners
including the European Union, to contribute to efforts
to support
in the initial process of
planning security sector reform.

the government

The European Union has consistently shown its support
for the transition process in the DRC and for the reform
of the security sector, including by the organisation of
three operations under
the Common Foreign and
Security Policy (CFSP): EUSEC RD Congo (2), EUPOL
Kinshasa and Operation EUFOR RD Congo (3).

As it is aware of the benefits to be gained from adopting
a comprehensive
approach combining the different
initiatives underway, the EU indicated in the conclusions
adopted by the Council on 15 September 2006 that it
was prepared to assume a coordinating role in interna-
tional efforts in the security sector, in close cooperation
with the United Nations,
the Congolese
authorities in this field.

to support

the Commission carried out

In this context, the General Secretariat of the Council and
staff of
two evaluation
in cooperation with the
missions
Congolese authorities,
in October 2006 and March
2007, to develop an overall EU approach to security
sector reform.

in the DRC,

(4)

(5)

(6)

(3)

The United Nations has reaffirmed its support for the
reform of the security sector in several Security Council
resolutions, and is conducting the MONUC operation in

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

Action 2006/913/CFSP (OJ L 346, 9.12.2006, p. 67).

(2) Council

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) (OJ L 112, 3.5.2005, p. 20). Joint Action as last amended
by Joint Action 2007/192/CFSP (OJ L 87, 28.3.2007, p. 22).

(3) 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
(OJ L 116,
Congo (MONUC) during the
29.4.2006, p. 98).
Joint Action
2007/147/CFSP (OJ L 64, 2.3.2007, p. 44).

election process.
Joint Action repealed by

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(7)

(8)

(9)

(10)

(11)

On 7 December 2006 the Council adopted Joint Action
2006/913/CFSP amending and extending Joint Action
2004/847/CFSP. The new mandate, which runs until
30 June 2007, also enabled EUPOL ‘Kinshasa’
to
increase its advisory role with the Congolese police in
order to facilitate, in liaison with the EUSEC RD Congo
mission,
the process of security sector reform in the
DRC.

On 14 May 2007, the Council approved an operations
concept relating to a police mission conducted under the
European Security and Defence Policy on security sector
reform (SSR) and its interface with the justice system in
the Democratic Republic of
the Congo. The concept
provides in particular that there should be no break in
continuity when the activities of EUPOL Kinshasa cease
and those of EUPOL RD Congo commence.

On the same date, 14 May 2007, the Council approved a
revised general concept on continuation of the mission
to provide advice and assistance for security sector
the Congo,
reform in the Democratic Republic of
EUSEC RD Congo.

Synergies between the two missions, EUSEC RD Congo
and EUPOL RD Congo, should be promoted taking into
account equally the prospect that the two missions may
eventually become a single mission.

To increase the consistency of the EU's activities in the
DRC,
the closest possible coordination between the
various EU players should be ensured in Kinshasa as
in particular through appropriate
well as in Brussels,
arrangements. The European Union Special Represen-
tative
the African Great Lakes Region
should have a key role to play in this respect, taking
account of his mandate.

(EUSR)

for

(12) On 15 February 2007 the Council adopted Joint Action
2007/112/CFSP (1) appointing Mr Roeland VAN DE
GEER as the new EUSR for the African Great Lakes
Region.

(13) On 11 May 2007 the Secretary-General/High Represen-
tative (SG/HR) sent a letter to the Congolese authorities
to inform them of the EU's willingness to continue and
increase its current commitment in the field of security
sector reform and to obtain their formal consent. In a
the Congolese authorities
letter dated 2 June 2007,
formally accepted the EU's offer and invited it
to
organise a mission to that effect.

(14)

should participate

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

in the project

(1) OJ L 46, 16.2.2007, p. 79.

(15)

The mandate of the mission is being carried out in a
security context
is liable to deteriorate and to
undermine the objectives of the Common Foreign and
Security Policy (CFSP) as defined in Article 11 of the
Treaty,

that

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.
The European Union is conducting a mission to provide
advice and assistance for security sector reform (SSR) in the
Democratic Republic of the Congo (DRC), called EUPOL RD
Congo, with the aim of contributing to Congolese efforts to
reform and restructure the National Congolese Police (PNC) and
its interaction with the judicial system. The mission must
provide advice and assistance directly to the responsible
Congolese authorities and through the police reform monitoring
committee (CSRP) and the joint committee on justice, while
taking care to promote policies compatible with human rights
and international humanitarian law, democratic standards and
the principles of good governance, transparency and respect for
the rule of law.

The mission shall operate

2.
provisions contained in the mission statement
Article 2.

in accordance with the
in

set out

Article 2

Mission Statement

1.
The mission will support SSR in the field of policing and
its interface with the justice system. By means of monitoring,
mentoring and advisory action with emphasis on the strategic
dimension, EUPOL RD Congo shall:

— contribute to the reform and restructuring of the Congolese
National Police (PNC) through support for the setting up of
a viable, professional and multiethnic/integrated police force,
which takes account of
the importance of proximity
policing throughout the whole country with the direct invol-
vement of the Congolese authorities in that process,

— contribute to improving interaction between the police and

the criminal justice system in the broader sense,

— contribute to ensuring the consistency of all SSR efforts,

— operate in close interaction with EUSEC RD Congo and the
projects of the Commission, and coordinate its action with
the other international efforts in the field of reform of the
police and the criminal justice system.

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EUPOL RD Congo shall be a mission without executive
inter alia,

2.
powers.
mentoring, monitoring and advisory duties.

shall accomplish its

through,

tasks

It

3.
The mission shall advise the Member States and third
States and shall coordinate and facilitate, under their responsi-
bility, the implementation of their projects in fields which are of
interest to the mission and in furtherance of its objectives.

Article 3

Structure of the mission and deployment zone

The mission shall have headquarters (HQ)

1.
consisting of:

in Kinshasa

(a) the Head of Mission;

(b) a team of police advisers at strategic level;

(c) a team of police advisers at operational level;

(d) a team of legal advisers at strategic and operational

level;

(e) administrative support.

Article 4

Planning

The Head of Mission shall draw up the Operational Plan
it may be submitted for
(OPLAN)
approval by the Council. The Head of Mission shall be
assisted in this task by the General Secretariat of the Council.

for the mission so that

Article 5

Head of Mission

Superintendent Adílio Ruivo Custódio shall be appointed

1.
Head of Mission.

2.
The Head of Mission shall exercise operational control
over and assume day-to-day management of the EUPOL RD
mission.

The national authorities shall delegate operational control

3.
to the Head of Mission of EUPOL RD Congo.

4.
The Head of Mission shall be responsible for disciplinary
control of the staff. In the case of seconded staff, any disci-
plinary action shall be taken by the national or European
authority concerned.

2.

The operational breakdown of tasks will be as follows:

In order to execute the budget for the mission, the Head

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

(a) experts forming an integral part of the various working
parties on police reform, and advisers assigned to the key
the Police
organisational and decision-making posts of
Reform Monitoring Committee (CSRP) planned by the
Congolese authorities;

The Head of Mission shall collaborate closely with the

6.
EUSR.

(b) experts assigned to the Congolese National Police (PNC),
particularly in key posts, and assigned to mentor
the
criminal police and the police responsible for the main-
tenance of law and order;

7.
The Head of Mission shall ensure that EUPOL RD Congo
closely coordinates its action with the Government of the DRC,
the United Nations, via the MONUC mission, and the third
States involved in the SSR field (aspects of the police/justice
interface).

(c) justice interface in the field of criminal law in order to add
to activities in the police field an interface with criminal
justice and follow up important aspects of
reform of
including in the case of military criminal
criminal
law;

justice,

(d) expertise aimed at contributing to the horizontal aspects

of SSR.

3.
The deployment zone shall be Kinshasa. Given the geogra-
phical implications of the mission throughout the territory of
the DRC, as a result of the mission statement, movement of
experts and their presence in the provinces could prove
necessary, on the instructions of the Head of Mission or of
any person so authorised by the Head of Mission and taking
due account of the security situation.

The Head of Mission shall ensure that the mission has a

8.
sufficiently high profile.

Article 6

Staff

1. Mission experts shall be seconded by Member States and
by the EU institutions. Each Member State or institution shall
bear the costs relating to the seconded experts, including travel
expenses to and from the DRC, salaries, medical coverage and
allowances, other than per diems and allowances linked to risks
and living conditions.

International civilian staff and local staff shall be recruited

2.
on a contractual basis by the mission as required.

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3. Mission experts shall remain under the authority of their
Member State or the appropriate EU institution, and shall fulfil
their duties and act in the interest of the mission. Both during
and after the mission, mission experts shall exercise the greatest
discretion with regard to all facts and information relating to
the mission.

Article 7

Chain of command

The mission, as a crisis-management operation, shall have

1.
a unified chain of command.

The Political and Security Committee (PSC) shall exercise

2.
political control and strategic direction.

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

3.
through the EUSR.

The Head of Mission shall lead the mission and assume its

4.
day-to-day management.

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

5.
the EUSR.

6.

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

Article 8

Political control and strategic direction

1.
Under the responsibility of the Council, the PSC shall
the
exercise the political control and strategic direction of
mission. The Council 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 Operational
Plan (OPLAN). It shall also include powers to take decisions
regarding the appointment of
the Head of Mission. The
power of decision with respect to the objectives and termi-
nation of
the mission shall remain vested in the Council,
assisted by the SG/HR.

2.

The PSC shall report to the Council at regular intervals.

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

Article 9

Financial arrangements

The financial

1.
relating to the mission shall be EUR 5 500 000.

reference amount

to cover expenditure

As

2.
stipulated in paragraph 1, the following shall apply:

regards expenditure financed out of

the amount

(a) expenditure shall be managed in accordance with the
Community rules and procedures applicable to the budget,
with the exception that any pre-financing shall not remain
the property of the Community. Nationals of third States
shall be allowed to tender for contracts;

(b) the Head of Mission shall report fully to, and be supervised
by, the Commission regarding the activities undertaken in
the framework of his contract.

The financial arrangements shall respect the operational
compatibility of

the mission,

including

3.
requirements of
equipment.

The expenditure connected with the mission shall be

4.
eligible as from the entry into force of this Joint Action.

Article 10

Participation by third States

1. Without prejudice to the decision-making autonomy of
the EU and its single institutional framework, third States may
be invited to contribute to the mission, provided that they bear
the cost of the staff seconded by them, including salaries, all-
risks insurance cover, daily subsistence allowances and travel
expenses to and from the DRC, and that they contribute to
the running costs of the mission, as appropriate.

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

3.
The Council hereby authorises the PSC to take the relevant
decisions on acceptance of the contributions proposed and to
establish a Committee of Contributors.

4.
Detailed arrangements regarding the participation of third
States shall be covered by agreements concluded in accordance
with the procedure laid down in Article 24 of the Treaty. The
the
Secretary General/High Representative, who shall assist
Presidency, may negotiate 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 parti-
cipation in EU crisis-management operations, the provisions of
that agreement shall apply in the context of the mission.

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Article 11

Coordination

The Council

and the Commission shall

1.
in
accordance with their respective powers, ensure that this Joint
Action is consistent with the Community's external activities, in
accordance with the second paragraph of Article 3 of
the
Treaty. The Council and the Commission shall cooperate to
this end. Arrangements for coordinating EU activities in the
DRC shall be put in place in Kinshasa, as well as in Brussels.

each,

In the case of precise and immediate operational need, the
3.
Secretary-General/High Representative shall also be authorised
to release to the host State any European Union information
and documents up to the ‘EU RESTRICTED’
level which are
in accordance
the operation,
generated for the purposes of
with the Council's security regulations. In all other cases, such
information and documents will be released to the host State in
accordance with the appropriate procedures for cooperation by
the host State with the European Union.

2. Without prejudice to the chain of command, the Head of
Mission shall act in close coordination with the Commission
delegation.

3. Without prejudice to the chain of command, the Head of
Mission EUSEC RD Congo and the Head of Mission EUPOL RD
Congo shall closely coordinate their actions and shall seek
synergies between the two missions, particularly as regards
the horizontal aspects of security-sector reform in the DRC.

4.
In accordance with his mandate, the EUSR shall ensure
consistency between the actions undertaken by the EUPOL RD
Congo mission and the EUSEC RD Congo mission. He shall
contribute to coordination with the other international players
involved in security-sector reform in the DRC.

The Head of Mission shall cooperate with the other inter-
in particular MONUC and the third

5.
national players present,
States involved in the DRC.

Article 12

Release of classified information

The

be
Secretary-General/High Representative
1.
authorised to release to the third States associated with the
present Joint Action any European Union classified information
and documents up to the ‘EU CONFIDENTIAL’ level which are
generated for the purposes of the operation, in accordance with
the Council's security regulations (1).

shall

The Secretary-General/High Representative shall also be
2.
in accordance
authorised to release to the United Nations,
with the operational needs of
the mission, any European
Union information and documents up to the ‘EU RESTRICTED’
level which are generated for the purposes of the operation, in
accordance with the Council's
security regulations. Local
arrangements will be made to that end.

(1) Decision 2001/264/EC(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

4.
be
Secretary-General/High Representative
authorised to release to the third States associated with the
Joint Action any European Union non-classified
present
documents connected with the deliberations of
the Council
relating to the operation and covered by the obligation of
professional secrecy pursuant to Article 6(1) of the Council's
Rules of Procedure (2).

shall

Article 13

Status of the mission and of its staff

The status of mission staff,

including where appropriate
1.
the privileges, immunities and any further guarantees necessary
for the completion and smooth functioning of the mission, shall
be agreed in accordance with the procedure laid down in Article
24 of the Treaty on European Union. The SG/HR, who shall
assist the Presidency, may negotiate such arrangements on its
behalf.

The State or Community institution having seconded a
2.
staff member
shall be responsible for dealing with any
complaints linked to the secondment, from or concerning the
staff member. The State or Community institution in question
shall be responsible for bringing any action against the person
seconded.

Article 14

Security

The Head of Mission shall be responsible for the security

1.
of EUPOL RD Congo.

2.
The Head of Mission shall exercise that responsibility in
accordance with EU directives concerning the security of EU
staff deployed outside the territory of the EU in an operational
mission under Title V of the Treaty and the relevant documents.

(2) Decision 2006/683/EC, Euratom (OJ L 285, 16.10.2006, p. 47).
amended by Decision 2007/4/EC, Euratom

last

Decision as
(OJ L 1, 4.1.2007, p. 9).

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Appropriate training in security measures will be carried
3.
out for all staff in accordance with the OPLAN. A reminder of
the security regulations will be provided regularly by the EUPOL
RD Congo officer in charge of security.

Article 15

Review of the mission

The Political and Security Committee shall, on the basis of a
report by the General Secretariat of the Council, presented at
in March 2008, agree recommendations to the
the latest
Council
for a decision to be taken as to whether the two
missions, namely EUSEC RD Congo and EUPOL RD Congo,
should become a single mission.

Article 16

Entry into force and duration

This Joint Action shall enter into force on 1 July 2007.

It shall apply until 30 June 2008.

Article 17

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

Done at Luxembourg, 12 June 2007.

For the Council
The President

W. SCHÄUBLE