Council Joint Action 2007/406/CFSP of 12 June 2007 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)
Date: 2007-06-12
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, armed forces, operation of the Institutions, police cooperation, technical cooperation, the EU's international role

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COUNCIL JOINT ACTION 2007/406/CFSP

of 12 June 2007

on the European Union mission to provide advice and assistance for security sector reform in the
Democratic Republic of the Congo (EUSEC RD Congo)

THE COUNCIL OF THE EUROPEAN UNION,

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

9 December 2004 on the European Union Police Mission
in Kinshasa (DRC) regarding the Integrated Police Unit
(EUPOL Kinshasa) (2) and 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 (3) (Operation EUFOR RD Congo).

Whereas:

(1)

(2)

(3)

Further to an official invitation from the Government of
the Democratic Republic of the Congo (DRC), on 2 May
2005 the Council adopted 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) (EUSEC RD Congo), in
particular in order to support the transition process in
the DRC, including the formation of a restructured and
integrated national army, as established by the Global
signed by the Congolese
and Inclusive Agreement
parties in Pretoria on 17 December 2002, followed by
the Final Act signed in Sun City on 2 April 2003.

Following the ratification in 2005 of the Constitution of
the Third Republic of the Congo, the elections held in
the transition
the DRC in 2006 marked the end of
process and enabled a government
to be formed in
2007, which has adopted a programme providing in
particular for the comprehensive reform of the security
sector, the drawing up of a national plan, and priority
reforms in the police, armed forces and judicial sectors.

The United Nations has reaffirmed its support for the
transition process and the reform of the security sector
(SSR) by means of several Security Council resolutions,
and is conducting the United Nations Mission in the
Democratic Republic of the Congo (MONUC), 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
in close coordination with
mandate and allowing it,
the
other
international
especially
to efforts
European Union (EU),
to
support
initial process of
planning security sector reform.

to contribute
in the

the government

partners,

and

(4)

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 adoption of two
Joint Action 2004/847/CFSP of
other

Joint Actions:

(5)

(6)

(7)

(8)

(9)

approach

combining

is aware of

the benefits to be gained from a
As it
comprehensive
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

On 14 May 2007,
the Council approved a revised
the mission to
General Concept on continuation of
provide advice and assistance for security sector reform
in the Democratic Republic of the Congo.

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 justice in the Demo-
cratic Republic of the Congo, referred to as EUPOL RD
Congo. On 12 June 2007 the Council adopted the
Council Joint Action on the police mission undertaken
in the framework of reform of the security sector (SSR)
and its interface with the system of justice in the Demo-
cratic Republic of the Congo (DRC) (EUPOL RD Congo).
That mission will replace EUPOL Kinshasa.

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

that

In order 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 well as in Brussels, through appropriate arrangements.
The European Union Special Representative (EUSR) for
the African Great Lakes Region will have an important
role to play in this respect,
taking account of his
mandate.

(2) 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).

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

(3) OJ L 116, 29.4.2006, p. 98. Joint Action repealed by Joint Action

Action 2007/192/CFSP (OJ L 87, 28.3.2007, p. 22).

2007/147/CFSP (OJ L 64, 2.3.2007, p. 44).

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(10) 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.

The mission shall operate in accordance with the mission

2.
statement set out in Article 2.

(11)

(12)

(13)

(14)

(15)

The Secretary-General/High Representative for Common
Foreign and Security Policy (SG/HR) sent a letter to the
DRC government dated 11 May 2007 stating the
European Union's renewed commitment.

Joint Action 2005/355/CFSP has been amended several
times in order to boost the mission, most notably by
Joint Action 2005/868/CFSP with regard to setting up
a technical assistance project on the modernisation of the
chain of payments of the Ministry of Defence in the DRC
and by Joint Action 2007/192/CFSP on the estab-
lishment of a unit
specific projects
financed or implemented by the Member States and
advisers at provincial military administration level. The
mission's mandate runs until 30 June 2007 and should
be extended and revised in the light of
the revised
concept for the mission.

responsible for

For the sake of clarity, the said Joint Action and the
successive amendments thereto should be replaced by a
new Joint Action.

should participate

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

in the project

The current security situation in the DRC may dete-
riorate, with potentially serious repercussions for the
process of strengthening democracy,
law
and international and regional security. A continued
commitment of EU political effort and resources will
help to embed stability in the region,

the rule of

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

The European Union (EU)

is conducting a mission to
1.
provide advice and assistance for security sector reform (SSR)
in the Democratic Republic of the Congo (DRC), named ‘EUSEC
RD Congo’, with the aim of contributing to completing the
integration of the various armed factions in the Democratic
the Congo, and of contributing to Congolese
Republic of
efforts to restructure and rebuild the Congolese army. The
mission must provide advice and assistance directly to the
responsible Congolese authorities or by means of concrete
projects, while taking care to promote policies compatible
with human rights and international humanitarian law, demo-
cratic standards and the principles of good governance, trans-
parency and respect for the rule of law.

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

Article 2

Mission statement

The mission shall aim, in close cooperation and coordination
with the other actors
in
particular the United Nations, and in pursuit of the objectives
laid down in Article 1, to provide practical support in the field
of reform of the security sector in the DRC, as set out in the
revised General Concept, including:

in the international community,

(a) providing advice and assistance to the Congolese authorities
restructure and rebuild the

in their work to integrate,
Congolese army, particularly by:

— contributing to the development of various national
plans and policies, including work on horizontal issues
which cover all the areas involved in the reform of the
security sector in the DRC,

— providing support

the committees and bodies
involved in that work, and contributing to the definition
of the priorities and practical needs of the Congolese;

for

(b) running and bringing to completion the 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’, so as to carry out the
tasks specified in the General Concept for the project;

(c)

identifying and contributing to the development of various
projects and options
its
relating to the
Member States may decide to support
reform of the security sector;

the European Union or

that

(d) supervising specific projects financed or initiated by the
Member States in pursuit of the objectives of the mission
and overseeing their implementation, in coordination with
the Commission;

and

(e) contributing to ensuring that all efforts made as regards SSR

are consistent.

Article 3

Structure of the mission

The mission shall be structured as follows:

(a) an office in Kinshasa, composed of:

— the mission leadership,

— experts assigned to a team responsible for contributing
to the reform of the security sector conducted by the
level, and
Congolese administration at inter-ministerial

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— experts assigned to a unit responsible in particular for
identifying and supporting the specific projects financed
or implemented by the Member States;

Article 6

Staff

(b) advisers assigned to key posts at the Ministry of Defence's
central administration in Kinshasa and to the provincial
administrations coming under that Ministry;

(c) a team responsible for

the chain of payments project

comprising:

— a project leader, based in Kinshasa, appointed by, and
acting under the authority of, the Head 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.

Article 4

Implementation plan

The Head of Mission, assisted by the General Secretariat of the
Council, shall draw up a revised implementation plan (OPLAN)
for the mission for approval by the Council.

Article 5

Head of Mission

General Pierre Michel JOANA shall be appointed Head of
1.
Mission. He shall assume day-to-day management of
the
mission and shall be responsible for staff and disciplinary
matters.

2.
in
In implementing the mission statement as set out
Article 2(d), the Head of Mission shall be authorised to have
recourse to financial contributions from the Member States. To
that end, the Head of Mission shall enter into arrangements
with the Member States concerned. These arrangements shall
in particular cover the specific procedures for dealing with
any complaint from third parties concerning damage caused
as a result of acts or omissions by the Head of Mission in
the use of the funds provided by the contributing Member
States.

Under no circumstances may the European Union or
the
Secretary-General/High Representative (SG/HR) be held liable
acts or
by contributing Member States
omissions by the Head of Mission in the use of funds from
those States.

result of

as

a

The Head of Mission shall sign a contract with the
3.
European Commission to execute the budget for the mission.

The Head of Mission shall cooperate closely with the

4.
EUSR.

1. Mission experts shall be seconded by Member States and
by the EU institutions. Except for the Head of Mission, each
Member State or institution shall bear the costs relating to the
experts seconded,
including travel expenses to and from the
DRC, salaries, medical coverage and allowances other than
daily allowances.

International civilian staff and local staff shall be recruited

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

3.
All mission experts shall remain under the authority of the
appropriate Member State or 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

1.

The mission shall have 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

Under the responsibility of the Council,

the PSC shall
1.
exercise the political control and strategic direction of
the
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 imple-
mentation plan and the chain of command. It shall also include
powers to take subsequent decisions regarding the appointment
of the Head of Mission. The power of decision with respect to
the objectives and termination of
the mission shall remain
vested in the Council, assisted by the SG/HR.

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The EUSR shall provide the Head of Mission with the

2.
political guidance required to fulfil his duties at local level.

3.

The PSC shall report to the Council at regular intervals.

4.
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.

Detailed arrangements regarding the participation of third
4.
States shall be covered by agreements concluded in accordance
with the procedure laid down in Article 24 of the Treaty. The
Secretary General/High Representative, who shall assist
the
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.

Article 9

Financial arrangements

The financial

1.
relating to the mission shall be EUR 9 700 000.

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 allowances and travel expenses to
and from the DRC, and that they contribute to the running
costs of the mission, as appropriate.

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

Article 11

Consistency and coordination

each,

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
the
accordance with the second paragraph of Article 3 of
Treaty. The Council and the Commission shall cooperate to
this end. Arrangements
the EU's
activities in the DRC shall be established in Kinshasa as well
as in Brussels.

the coordination of

for

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

also act

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

4.
In accordance with his mandate, the EUSR shall ensure
consistency between the activities of the EUSEC and EUPOL
missions. 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

1.
be
Secretary-General/High Representative
authorised to release to third States associated with this Joint
Action EU classified information and documents up to the level
‘CONFIDENTIEL UE’ generated for
the
operation,
in accordance with the Council's security regu-
lations (1).

the purposes of

shall

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.

(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).

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The

to release

Secretary-General/High Representative

shall
to the United Nations,

be
2.
authorised further
in
accordance with the operational needs of the operation, EU
classified information and documents up to the
level
‘RESTREINT UE’ generated for the purposes of the operation,
in accordance with the Council's security regulations. Local
arrangements shall be drawn up for this purpose.

shall

3.
In the event of a specific and immediate operational need,
be
the
Secretary-General/High Representative
authorised to release to the host State EU classified information
and documents up to the level ‘RESTREINT UE’ generated for
the purposes of the operation, 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 coop-
eration with the European Union.

also

The

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

shall

Article 13

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

training on security measures

shall be
3.
Appropriate
provided for all staff,
in accordance with the implementation
plan (OPLAN). A reminder of security instructions shall be
given regularly by the EUSEC 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 the
latest in March 2008, approve recommendations to the 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

Status of the mission and of its staff

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

The status of mission staff,

1.
including where appropriate
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. 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 EUSEC RD Congo.

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

(1) Decision 2006/683/EC, Euratom (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).