Council Joint Action 2007/806/CFSP of 6 December 2007 amending Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories
Date: 2007-12-06
Institutions: Council of the European Union
Subjects: EU financing, Palestine, common foreign and security policy, police cooperation, staff regulations (EU), the EU's international role

L 323/50

EN

Official Journal of the European Union

8.12.2007

COUNCIL JOINT ACTION 2007/806/CFSP

of 6 December 2007

amending Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian
Territories

THE COUNCIL OF THE EUROPEAN UNION,

‘Article 5a

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

Whereas:

On 14 November 2005,
the Council adopted Joint
Action 2005/797/CFSP on the European Union Police
Mission for the Palestinian Territories (1) for a period of
three years. The operational phase of EUPOL COPPS
started on 1 January 2006.

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
and the overall authority of the Secretary-General/High
Representative for the CFSP;
these Guidelines further
provide that the Director of the Civilian Planning and
Conduct Capability established within the Council Sec-
retariat will,
each civilian crisis management
operation, be the Civilian Operation Commander.

for

all

The above mentioned Command and Control Structure is
without prejudice to the contractual responsibilities of
the Head of Mission towards the Commission for im-
plementing the budget of the Mission.

(1)

(2)

(3)

(4)

(5)

Civilian Operation Commander

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

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 EUPOL COPPS at the strategic level.

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

shall
ensure
3.
the Council's
and effective
proper
decisions as well as
including by
issuing instructions at the 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 Oper-
ational Control of their personnel, teams and units to the
Civilian Operation Commander.

remain under

the

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

5.
responsibility for ensuring that
properly discharged.

6.
The Civilian Operation Commander and the European
Union Special Representative (EUSR) shall consult each other
as required.’;

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

2. Article 6 shall be replaced by the following:

Joint Action 2005/797/CFSP
accordingly,

should be

amended

‘Article 6

Head of Mission

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2005/797/CFSP is hereby amended as follows:

1. the following Article shall be inserted:

(1) OJ L 300, 17.11.2005, p. 65.

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

The Head of Mission shall exercise command and
2.
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

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The Head of Mission shall

issue instructions to all
3.
mission staff, for the effective conduct of EUPOL COPPS
coordination and day-to-day
in theatre,
management,
the strategic
level of the Civilian Operation Commander.

following the instructions at

assuming its

4.
The Head of Mission shall be responsible for the im-
plementation of the Mission's budget. For this purpose, the
Head of Mission shall sign a contract with the Commission.

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 authorities or EU
institution concerned.

6.
The Head of Mission shall represent EUPOL COPPS in
the operations area and shall ensure appropriate visibility of
the Mission.

7.
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.’;

3. Article 8(5) 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 amended by
Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).’;

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.

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

5. Article 11 shall be replaced by the following:

‘Article 11

Political control and strategic direction

The PSC shall exercise, under the responsibility of the
1.
the
Council, political control and strategic direction of
mission. The Council hereby authorises the PSC to take
the relevant decisions for this purpose in accordance with
Article 25 of the Treaty. This authorisation shall include the
powers to appoint a Head of Mission, upon proposal of the
It shall also include
SG/HR, and to amend the OPLAN.
powers
the
regarding
decisions
appointment of
the Head of Mission. The powers of
decision with respect to the objectives and termination of
the mission shall remain vested in the Council.

subsequent

take

to

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.’;

4. Article 10 shall be replaced by the following:

6. Article 13 shall be replaced by the following:

‘Article 10

Chain of Command

EUPOL COPPS shall have a unified chain of command,

1.
as a crisis management operation.

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

3.
The Civilian Operation Commander, under the political
control and strategic direction of the PSC and the overall
authority of the SG/HR, shall be the commander of EUPOL
COPPS at strategic level and, as such, shall issue instructions

‘Article 13

Security

The Civilian Operation Commander shall direct

1.
Head of Mission's planning of
ensure
EUPOL COPPS in accordance with Articles 5a and 10,
coordination with the Council Security Office.

the
security measures and
implementation for
in

and effective

their proper

2.
The Head of Mission shall be responsible for the
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 oper-
ational capacity under Title V of
the Treaty and its
supporting documents.

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Official Journal of the European Union

8.12.2007

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

4.
EUPOL COPPS staff shall undergo mandatory security
training before their entry into function, in accordance with
the OPLAN. They shall also receive regular
in-theatre
refresher training organised by the MSO.’;

7. the following Article shall be inserted:

‘Article 16a

Watch-Keeping

also be published in the Official
Union.’.

Journal of

the European

Article 2

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

its

Article 3

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

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

Done at Brussels, 6 December 2007

8. the following paragraph shall be added to Article 18:

‘The Decisions of
to Article 11(1),
the PSC pursuant
regarding the appointment of the Head of Mission, shall

For the Council
The President

A. COSTA