Council Joint Action 2008/38/CFSP of 20 December 2007 amending Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)
Date: 2007-12-20
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, judicial cooperation, operation of the Institutions, police, public safety, the EU's international role

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Official Journal of the European Union

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2008/38/CFSP

of 20 December 2007

amending Joint Action 2007/405/CFSP on the European Union police mission undertaken in the
framework of reform of the security sector (SSR) and its interface with the system of justice in the
Democratic Republic of the Congo (EUPOL RD Congo)

THE COUNCIL OF THE EUROPEAN UNION,

Head of Mission to the Commission for implementation
of the Mission’s budget.

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

Whereas:

(4)

(5)

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

Joint Action 2007/405/CFSP
accordingly,

should be

amended

(1)

(2)

On 12 June 2007, the Council adopted Joint Action
2007/405/CFSP on the European Union police mission
undertaken in the framework of reform of the security
sector (SSR) and its interface with the system of justice in
the Democratic Republic of
the Congo (EUPOL RD
Congo) (1)
for an initial duration of one year. The
mission was launched on 1 July 2007.

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2007/405/CFSP is hereby amended as follows:

a

for

that

inter

alia,

crisis management

On 18 June 2007, the Council approved Guidelines for
Command and Control Structure
for EU Civilian
Operations
in Crisis Management. Those Guidelines
Civilian Operation
provide,
Commander will exercise command and control at
the planning and conduct of all
strategic level
civilian
the
operations
political control and strategic direction of the Political
and Security Committee (PSC) and the overall authority
of the Secretary-General/High Representative for the CFSP
(SG/HR). Those Guidelines
the
Director of the Civilian Planning and Conduct Capability
(CPCC) established within the Council Secretariat will, for
each civilian crisis management operation, be the Civilian
Operation Commander.

further provide that

under

1. the following Article 3a shall be inserted:

‘Article 3a

Civilian Operation Commander

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

The Civilian Operation Commander

shall exercise
2.
the
command and control of EUPOL RD Congo at
the political control and strategic
strategic level under
direction of the Political and Security Committee (PSC) and
the overall authority of the SG/HR.

(3)

The abovementioned Command and Control Structure is
without prejudice to the contractual responsibility of the

(1) OJ L 151, 13.6.2007, p. 46.

and effective

The Civilian Operation Commander
implementation of

shall
ensure
3.
the Council’s
proper
decisions and the PSC’s decisions,
in particular by issuing
instructions at strategic level as required to the Head of
Mission.

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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

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

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

5.
responsibility for ensuring that
properly discharged.

3. paragraph 3 of Article 6 shall be replaced by the following:

The Civilian Operation Commander and the EUSR shall

6.
consult each other as required.’;

2. paragraphs 2 to 8 of Article 5 shall be replaced by the

following:

‘3.
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).’;

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

4. Article 7 shall be replaced by the following:

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 and logistic responsibility over
assets, resources and information put at the disposal of the
mission.

‘Article 7

Chain of Command

EUPOL RD Congo shall have a unified chain of

1.
command as a crisis management operation.

for

The Head of Mission shall

4.
issue instructions to all
the effective conduct of EUPOL RD
mission staff
Congo in theatre, assuming its coordination and day-to-day
management,
in accordance with the Civilian Operation
Commander’s instructions at strategic level.

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

Under the responsibility of the Council, the Political
exercise political

2.
and Security Committee
control and strategic direction of EUPOL RD Congo.

(PSC)

shall

3.
Under the political control and strategic direction of
the PSC and the overall authority of the SG/HR the Civilian
Operation Commander shall be the commander of EUPOL
RD Congo at
issue
instructions to the Head of Mission and provide him with
advice and technical support.

strategic level and, as

such,

shall

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

The Civilian Operation Commander shall report to the

4.
Council through the SG/HR.

7.
The Head of Mission shall represent EUPOL RD Congo
in the operations area and shall ensure appropriate visibility
of the Mission.

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

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5. Article 8 shall be replaced by the following:

‘Article 8

Political control and strategic direction

Under the responsibility of the Council, the PSC shall
1.
exercise political control and strategic direction of
the
mission. The Council hereby authorises the PSC to take
the relevant decisions for that purpose in accordance with
Article 25 of the Treaty on European Union. This autho-
include the power to amend the OPLAN. It
risation shall
to take subsequent decisions
shall also include powers
regarding the appointment of
the Head of Mission. The
powers of decision with respect to the objectives and termi-
nation of the mission shall remain vested in the Council.

2.

The PSC shall report to the Council at regular intervals.

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

6. Article 14 shall be replaced by the following:

‘Article 14

Security

The Civilian Operation Commander shall direct

the
1.
Head of Mission’s planning of
security measures and
ensure
implementation for
and effective
EUPOL RD Congo in accordance with Articles 3a and 7 in
coordination with the Council Security Office.

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 European Union
in an operational capacity under Title V of the Treaty on
European Union and its supporting instruments.

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

EUPOL RD Congo staff
their

shall undergo mandatory
4.
in
entry into function,
security training before
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 14a

Watch-Keeping

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

8. the following paragraph shall be added to Article 17:

‘The Decisions of the PSC pursuant to Article 8(1), regarding
the appointment of
the Head of Mission, shall also be
published in the Official Journal of the European Union.’.

Article 2

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, 20 December 2007.

For the Council
The President

F. NUNES CORREIA