Council Joint Action 2007/760/CFSP of 22 November 2007 amending and extending Joint Action 2005/190/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX
Date: 2007-11-22
Institutions: Council of the European Union
Subjects: Iraq, common foreign and security policy, cooperation policy, judicial cooperation, rule of law, 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 2007/760/CFSP

of 22 November 2007

amending and extending Joint Action 2005/190/CFSP on the European Union Integrated Rule of
Law Mission for Iraq, EUJUST LEX

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(4)

(5)

(6)

The abovementioned Command and Control Structure is
without prejudice to the contractual responsibilities of
the Head of Mission towards the Commission for imple-
menting the budget of the Mission.

The watch-keeping capability established within the
Council Secretariat should be activated for this Mission.

Joint Action 2005/190/CFSP
accordingly,

should be

amended

On 7 March 2005, the Council adopted Joint Action
2005/190/CFSP on the European Union Integrated Rule
of Law Mission for Iraq, EUJUST LEX (1).

HAS ADOPTED THIS JOINT ACTION:

On 25 September 2007,
the Political and Security
Committee (hereinafter referred to as ‘PSC’) agreed that
EUJUST LEX should be extended for another 18 months
after the expiry of the existing mandate on 31 December
2007, until 30 June 2009. This Joint Action should
cover the first phase of this extension until 30 April
2008.

Article 1

Joint Action 2005/190/CFSP is hereby amended as follows:

1. the following Article shall be inserted:

and

planning

On 18 June 2007, the Council approved Guidelines for
Command and Control Structure
for EU Civilian
Operations
in Crisis Management. These Guidelines
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 PSC and the overall authority of
the Secretary-General/High Representative for the CFSP
referred to as ‘SG/HR’). These Guidelines
(hereinafter
further provide
the Civilian
the Director of
Planning and Conduct Capability (CPCC) established
for each civilian
within the Council Secretariat will,
crisis management operation, be the Civilian Operation
Commander.

that

all

(1) OJ L 62, 9.3.2005, p. 37. Joint Action as last amended by Joint

Action 2006/708/CFSP (OJ L 291, 21.10.2006, p. 43).

‘Article 3a

Civilian Operation Commander

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

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

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

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

(1)

(2)

(3)

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All

seconded staff

full
shall
4.
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

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 Civilian Operation Commander shall have overall
the EU’s duty of care is

5.
responsibility for ensuring that
properly discharged.’;

4. Article 8 shall be replaced by the following:

2. Article 4 shall be replaced by the following:

‘Article 4

Head of Mission

1.
The Head of Mission shall assume responsibility and
exercise command and control of the mission at theatre
level.

2.
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

The Head of Mission shall

issue instructions to all
3.
mission staff,
including the Brussels Coordinating Office
and the Baghdad Liaison Office, for the effective conduct
of EUJUST LEX, assuming its coordination and day-to-day
management, following the instructions at strategic level of
the Civilian Operation Commander.

‘Article 8

Chain of Command

EUJUST LEX shall have a unified chain of command, as

1.
a crisis management operation.

2.
Under the responsibility of the Council, the PSC shall
provide the political control and strategic direction of
EUJUST LEX.

The Civilian Operation Commander, under the political
3.
control and strategic direction of the PSC and the overall
authority of the SG/HR, shall be the commander of EUJUST
LEX at strategic level and, as such, shall issue instructions to
the Head of Mission and provide him with advice and
technical support.

The Civilian Operation Commander shall report to the

4.
Council through the SG/HR.

4.
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.

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

5.
The Head of Mission shall be responsible for disci-
plinary control over the staff. For seconded staff, disciplinary
action shall be exercised by the national or EU authority
concerned.

The Head of Mission shall represent EUJUST LEX and

6.
shall ensure appropriate visibility of the Mission.’;

3. Article 6(4) shall be replaced by the following:

‘4.
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

5. Article 9 shall be replaced by the following:

‘Article 9

Political control and strategic direction

1.
The PSC shall exercise, under the responsibility of the
Council, 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 on the European Union. This authorisation shall
to amend the CONOPS and the
include the powers
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

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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.’;

6. Article 10 shall be replaced by the following:

‘Article 10

Security

their proper

The Civilian Operation Commander shall direct

the
1.
Head of Mission’s planning of
security measures and
ensure
implementation for
and effective
EUJUST LEX in accordance with Articles 3a and 8 and in
coordination with the Security Office of the General Secre-
tariat of the Council (hereinafter referred to as “GSC Security
Office”).

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

For the elements of the Mission which are carried out
3.
in Member States,
take all
necessary and appropriate measures to ensure the security
of the participants and the trainers on its territory.

the host Member State shall

4.
For the Coordinating Office in Brussels, the necessary
and appropriate measures shall be organised by the GSC
Security Office in collaboration with the host Member
State authorities.

5.
Should the training take place in a third State, the EU,
with the involvement of the Member States concerned, shall
ask the third State’s authorities to make the appropriate
arrangements regarding the security of the participants and
the trainers on its territory.

EUJUST LEX shall have a dedicated mission Security

6.
Officer reporting to the Head of Mission.

The Head of Mission shall consult with the PSC on
7.
security issues affecting the deployment of the Mission as
directed by the SG/HR.

EUJUST LEX staff members shall undergo mandatory
8.
security training organised by the GSC Security Office and
medical checks prior to any deployment or travel to Iraq.

9. Member States shall endeavour to provide EUJUST
LEX, in particular the Liaison Office, with secure accommo-
dation, body armour and close protection within Iraq.’;

7. the following Article shall be inserted:

‘Article 13a

Watch-keeping

The watch-keeping capability shall be activated for EUJUST
LEX.’;

8. the second subparagraph of Article 14 shall be replaced by

the following:

‘It shall expire on 30 April 2008.’.

Article 2

The financial reference amount intended to cover the expen-
diture related to the mission for the period 1 November 2006
to 30 April 2008 shall be EUR 11,2 million.

Article 3

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

its

Article 4

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

Done at Brussels, 22 November 2007.

For the Council
The President

M. PINHO