Council Joint Action 2007/733/CFSP of 13 November 2007 amending Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
Date: 2007-11-13
Institutions: Council of the European Union
Subjects: Afghanistan, peacekeeping, police cooperation, the EU's international role

14.11.2007

EN

Official Journal of the European Union

L 295/31

COUNCIL JOINT ACTION 2007/733/CFSP

of 13 November 2007

amending Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission
in Afghanistan (EUPOL AFGHANISTAN)

THE COUNCIL OF THE EUROPEAN UNION,

1. Paragraph 3 of Article 5 shall be replaced by the following:

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

Whereas:

‘3.
In addition, a number of Mission staff will be deployed
to improve strategic coordination in police reform in Afgha-
nistan, as appropriate, and in particular with the Interna-
tional Police Coordination Board (IPCB) Secretariat
in
Kabul. The IPCB Secretariat shall be located, as appropriate,
at the EUPOL AFGHANISTAN HQ.’

On 30 May 2007, the Council adopted Joint Action
2007/369/CFSP on establishment of
the European
Union Police Mission in Afghanistan (1).

2. A new Article shall be inserted:

(1)

(2)

(3)

(4)

(5)

and

planning

On 18 June 2007, the Council approved Guidelines for
for EU Civilian
Command and Control Structure
Operations
these Guidelines
in Crisis Management;
notably provide that a Civilian Operation Commander
will exercise command and control at strategic level for
the
civilian crisis
conduct of
management operations, under the political control and
strategic direction of the Political and Security Committee
(PSC) and the overall authority of the Secretary-Gene-
these
ral/High Representative for
Guidelines
the
Civilian Planning and Conduct Capability (CPCC) estab-
lished within the Council Secretariat will, for each civilian
crisis management operation, be the Civilian Operation
Commander.

further provide that

the CFSP (SG/HR);

the Director of

all

The abovementioned Command and Control Structure
should be without prejudice to the contractual responsi-
bilities of the Head of Mission towards the Commission
for implementing the budget of the Mission.

The Watch-Keeping Capability established within the
Council Secretariat should be activated for this Mission.

Joint Action 2007/369/CFSP
accordingly,

should be

amended

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2007/369/CFSP is hereby amended as follows:

(1) OJ L 139, 31.5.2007, p. 33.

‘Article 5a

Civilian Operation Commander

1.
The Civilian Planning and Conduct Capability (CPCC)
Director shall be the Civilian Operation Commander for
EUPOL AFGHANISTAN.

The Civilian Operation Commander, under the political
2.
control and strategic direction of the PSC and the overall
authority of the SG/HR, shall exercise command and control
of EUPOL AFGHANISTAN at the strategic level.

The Civilian Operation Commander
implementation of
the PSC's decisions,

ensure
shall
3.
the Council's
and effective
proper
decisions as well as
including by
issuing instructions at strategic level as required to the
Head of Mission.

All

seconded staff

4.
full
shall
command of the national authorities of the sending State
or EU institution. National authorities shall transfer Opera-
tional Control (OPCON) of their personnel, teams and units
to the Civilian Operation Commander.

remain under

the

5.
The Civilian Operation Commander has overall respon-
sibility for ensuring that the EU's duty of care is properly
discharged.

L 295/32

EN

Official Journal of the European Union

14.11.2007

The Civilian Operation Commander and the EUSR shall

6.
consult each other as required.’

3. Paragraphs 2 to 8 of Article 6 shall be replaced by the

following:

The Head of Mission shall ensure that EUPOL AFGHA-
9.
NISTAN works closely and coordinates with the Government
of Afghanistan and relevant international actors, as appro-
priate,
including NATO/ISAF, PRT Lead Nations, UNAMA,
and third states currently involved in police reform in Afgha-
nistan.’

‘2.
The Head of Mission shall assume responsibility and
exercise command and control of the Mission at theatre
level.

3.
The Head of Mission shall exercise command and
control over personnel, teams and units from contributing
States as assigned by the Civilian Operation Commander
together with administrative
responsibility
including over assets, resources and information put at the
disposal of the Mission.

and logistic

4. Paragraph 5 of Article 7 shall be replaced by the following:

‘5.
All staff shall carry out their duties and act in the
interest of the Mission. All staff 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 (*).

___________
(*) OJ L 101, 11.4.2001, p. 1. Decision as last amended by
Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).’

The Head of Mission shall

4.
issue instructions to all
Mission staff, including in this case the support element in
Brussels, for the effective conduct of EUPOL AFGHANISTAN
coordination and day-to-day
in theatre,
management, following the instructions at strategic level of
the Civilian Operation Commander.

assuming its

5. Article 9 shall be replaced by the following:

‘Article 9

Chain of Command

5.
The Head of Mission shall be responsible for the imple-
mentation of the Mission's budget. For this purpose, the
Head of Mission shall sign a contract with the Commission.

EUPOL AFGHANISTAN shall have a unified chain of

1.
command, as a crisis management operation.

The Head of Mission shall be responsible for disci-
6.
plinary control over the staff. For seconded staff, disciplinary
action shall be exercised by the national or EU authority
concerned.

Under the responsibility of the Council, the PSC shall
2.
exercise political control and strategic direction of EUPOL
AFGHANISTAN.

7.
The Head of Mission shall represent EUPOL AFGHA-
NISTAN in the operations area and shall ensure appropriate
visibility of the Mission.

3.
The Civilian Operation Commander, under the political
control and strategic direction of the PSC and the overall
is the commander of EUPOL
authority of
AFGHANISTAN at strategic level and, as such, shall
issue
instructions to the Head of Mission and provide him with
advice and technical support.

the SG/HR,

8.
The Head of Mission shall coordinate, as appropriate,
with other EU actors on the ground. The Head of Mission
shall, without prejudice to the chain of command, receive
local political guidance from the EUSR.

The Civilian Operation Commander shall report to the

4.
Council through the SG/HR.

14.11.2007

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Official Journal of the European Union

L 295/33

The Head of Mission shall exercise command and
5.
control of EUPOL AFGHANISTAN at
theatre level and
shall be directly responsible to the Civilian Operation
Commander.’

security of personnel deployed outside the EU in an opera-
tional capacity under Title V of the Treaty on the European
Union and its supporting documents.

6. Article 10 shall be replaced by the following:

‘Article 10

Political control and strategic direction

The PSC shall exercise, under the responsibility of the
1.
Council, political control and strategic direction of
the
Mission. The Council hereby authorises the PSC to take
the relevant decisions for this purpose in accordance with
the Treaty on the European Union. This
Article 25 of
to amend the
authorisation shall
It shall also include powers to take subsequent
OPLAN.
the Head of
decisions
appointment of
to the
Mission. The powers of decision with respect
objectives and termination of
remain
the Mission shall
vested in the Council.

regarding the

the powers

include

The Head of Mission shall be assisted by a Senior
3.
Mission Security Officer (SMSO), who will report
to the
Head of Mission and also maintain a close functional rela-
tionship with the Council Security Office.

4.
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.

EUPOL AFGHANISTAN staff shall undergo mandatory
5.
in
security training before
accordance with the OPLAN. They shall
also receive
regular in-theatre refresher training organised by the SMSO’.

entry into function,

their

2.

The PSC shall report to the Council at regular intervals.

3.
The PSC shall receive on a regular basis and as required
reports by the Civilian Operation Commander and the Head
of Mission on issues within their areas of responsibility.’

8. A new Article shall be inserted after Article 15:

‘Article 15a

Watch-Keeping

The Watch-Keeping Capability shall be activated for EUPOL
AFGHANISTAN.’

7. Article 11 shall be replaced by the following:

Article 2

‘Article 11

Security

The Civilian Operation Commander shall direct

the
1.
security measures and
Head of Mission's planning of
ensure
implementation for
and effective
EUPOL AFGHANISTAN in accordance with Articles 5a and
9, in coordination with the Council Security Office.

their proper

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

its

Article 3

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

Done at Brussels, 13 November 2007.

The Head of Mission shall be responsible for the
2.
security of the operation and for ensuring compliance with
minimum security requirements applicable to the operation,
the European Union on the
in line with the policy of

For the Council
The President

F. TEIXEIRA DOS SANTOS