Council Joint Action 2007/807/CFSP of 6 December 2007 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
Date: 2007-12-06
Institutions: Council of the European Union
Subjects: Palestine question, border control, common foreign and security policy, the EU's international role

8.12.2007

EN

Official Journal of the European Union

L 323/53

COUNCIL JOINT ACTION 2007/807/CFSP

of 6 December 2007

amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission
for the Rafah Crossing Point (EU BAM Rafah)

THE COUNCIL OF THE EUROPEAN UNION,

1. The following Article shall be inserted:

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

‘Article 4a

Civilian Operation Commander

Whereas:

The Civilian Planning and Conduct Capability Director
1.
shall be the Civilian Operation Commander for EU BAM
Rafah.

(1)

(2)

(3)

(4)

(5)

the Council adopted Joint
On 25 November 2005,
Action 2005/889/CFSP on establishing a European
Union Border Assistance Mission for
the Rafah
Crossing Point (EU BAM Rafah) (1).

2.
The Civilian Operation Commander, under the political
control and strategic direction of the Political and Security
Committee (PSC) and the overall authority of the Secretary-
General/High Representative, shall exercise command and
control of EU BAM Rafah at the strategic level.

and

planning

On 18 June 2007, the Council approved Guidelines for
Command and Control Structure
for EU Civilian
in Crisis Management. These Guidelines
Operations
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-
each civilian crisis management
retariat will,
operation, be the Civilian Operation Commander.

for

all

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 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 Opera-
tional Control of their personnel, teams and units to the
Civilian Operation Commander.

remain under

the

The above mentioned 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 the Mission.

Joint Action 2005/889/CFSP
accordingly,

should be

amended

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

5.
responsibility for ensuring that
properly discharged.

The Civilian Operation Commander and the EU Special

6.
Representative shall consult each other as required.’.

2. Article 5(2) to (5) shall be replaced by the following:

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

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2005/889/CFSP is hereby amended as follows:

(1) OJ L 327, 14.12.2005, p. 28.

The Head of Mission shall exercise command and
3.
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

L 323/54

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Official Journal of the European Union

8.12.2007

The Head of Mission shall

issue instructions to all
4.
mission staff, for the effective conduct of EU BAM Rafah
coordination and day-to-day
in theatre,
management,
the strategic
level of the Civilian Operation Commander.

following the instructions at

assuming its

The Civilian Operation Commander, under the political
3.
control and strategic direction of the PSC and the overall
authority of the Secretary-General/High Representative, is the
commander of EU BAM Rafah at strategic level and, as such,
shall issue instructions to the Head of Mission and provide
him with advice and technical support.

5.
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.

The Civilian Operation Commander shall report to the
4.
Council through the Secretary-General/High Representative.

6.
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.

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

5. Article 10 shall be replaced by the following:

7.
The Head of Mission shall represent EU BAM Rafah in
the operations area and shall ensure appropriate visibility of
the Mission.

‘Article 10

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 EU Special Representative.’.

3. Article 7(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 last amended by
Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).’.

4. Article 9 shall be replaced by the following:

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
Article 25 of the Treaty. This authorisation shall include the
powers to appoint a Head of Mission, upon a proposal from
the Secretary-General/High Representative, and to amend the
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

2.

The PSC shall report to the Council at regular intervals.

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

6. Article 12 shall be replaced by the following:

‘Article 9

Chain of Command

EU BAM Rafah shall have a unified chain of command,

1.
as a crisis management operation.

‘Article 12

Security

2.
Under the responsibility of the Council, the PSC shall
exercise political control and strategic direction of EU BAM
Rafah.

The Civilian Operation Commander shall direct

the
1.
Head of Mission's planning of
security measures and
ensure their proper and effective implementation for EU
BAM Rafah in accordance with Articles 4a and 9, in coordi-
nation with the Security Office of the General Secretariat of
the Council (GSC Security Office).

8.12.2007

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Official Journal of the European Union

L 323/55

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 oper-
ational capacity under Title V of
the Treaty and its
supporting documents.

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

‘The Decisions of
to Article 10(1),
the PSC pursuant
regarding the appointment of the Head of Mission, shall
also be published in the Official
the European
Union.’.

Journal of

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

Article 2

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

its

4.
EU BAM Rafah 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 CSO.’.

Article 3

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

7. The following Article shall be inserted:

‘Article 15a

Watch-Keeping

The Watch-Keeping Capability shall be activated for EU BAM
Rafah.’.

Done at Brussels, 6 December 2007.

For the Council
The President

A. COSTA