Council Joint Action 2008/112/CFSP of 12 February 2008 on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU)
Date: 2008-02-12
Institutions: Council of the European Union
Subjects: Guinea-Bissau, armed forces, common foreign and security policy, police cooperation, 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 2008/112/CFSP

of 12 February 2008

on the European Union mission in support of security sector reform in the Republic of Guinea-
Bissau (EU SSR GUINEA-BISSAU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 14 and the third subparagraph of Article 25
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The promotion of peace, security and stability in Africa
and Europe is a key strategic priority of the Joint Africa-
EU Strategy adopted by the EU-Africa Summit on 9
December 2007.

Security sector reform (SSR) in Guinea-Bissau is essential
for the stability and sustainable development of
that
country.

In November 2006, the Government of Guinea-Bissau
presented a National Security Strategy underlining its
commitment to implement SSR.

In this context, the General Secretariat of the Council and
the European Commission carried out an initial
joint
information-gathering mission in May 2007 in Guinea-
Bissau, in cooperation with that country's authorities, to
develop an overall EU approach to support the national
SSR process.

In order effectively to implement the National Security
Strategy, an Action Plan for
the Restructuring and
Modernisation of the Security and Defence Sectors was
presented by the Government of Guinea-Bissau in
September 2007, and the institutional
framework for
the implementation of this Action Plan was established.

to combat

the increasing threat posed by
In order
organised criminal networks operating in the country,
the Government of Guinea-Bissau, with the assistance
of
the United Nations Office on Drugs and Crime
(UNODC), also announced an Emergency Plan to Fight
Drug Trafficking in September 2007.

(7)

(8)

(9)

the positive measures

A report by the UN Secretary-General of 28 September
2007, whilst commending the Government of Guinea-
Bissau for
to
implement SSR, also underlined the country's inability
to combat drug trafficking by itself and called for
technical and financial support from regional and inter-
national partners.

taken so far

On 19 November 2007, the Council considered that a
European Security and Defence Policy (ESDP) action in
the field of SSR in Guinea-Bissau would be appropriate,
consistent with, and complementary to, European Deve-
lopment Fund and other Community activity.

Following a second EU fact-finding mission deployed in
October 2007, on 10 December 2007 the Council
for potential ESDP
approved the General Concept
action in support of Guinea-Bissau SSR.

(10)

In a letter dated 10 January 2008, the Government of
Guinea-Bissau invited the EU to deploy a European
Union SSR Mission in Guinea-Bissau.

(11) On 12 February 2008, the Council approved a Concept
of Operations relating to a mission conducted under the
ESDP in support of SSR in Guinea-Bissau, to be known
as ‘EU SSR GUINEA-BISSAU’.

(12)

In its conclusions of 21 November 2006, the Council
concluded that SSR in partner countries constitutes one
of
the core areas for EU action as identified in the
European Security Strategy.

(13) Any Third State participation in the mission should be in
accordance with the general guidelines defined by the
European Council.

(14)

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

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(15)

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

(a)

the Head of Mission and Deputy Head of Mission, supported
by a Mission Support Cell and a Political Adviser/Public and
Press Information Officer (POLAD/PPIO);

(16)

The ESDP mission will be conducted in the context of a
situation which may deteriorate and could harm the
objectives of the CFSP as set out in Article 11 of the
Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

(b) advisors assigned to work with:

— the Army,

— the Navy,

— the Air Force,

and at the Armed Forces Headquarters level;

1.
The European Union (EU) hereby establishes an EU
Mission in support of security sector reform in the Republic
of Guinea-Bissau, hereinafter referred to as ‘EU SSR GUINEA-
BISSAU’, or the ‘Mission’), comprising a preparatory phase
beginning on 26 February 2008 and with an implementation
phase beginning no later than 1 May 2008. The duration of the
Mission will be up to 12 months from the declaration of initial
operational capability.

EU SSR GUINEA-BISSAU shall operate in accordance with

2.
the mission statement as set out in Article 2.

(c) advisors assigned to work with:

— the Judicial Police,

— the National Interpol Office,

— the Prosecution Services, and

— the Public Order Police

Article 2

Mission statement

and

including on the establishment of a National Guard;

1.
EU SSR GUINEA-BISSAU shall provide local authorities
with advice and assistance on SSR in the Republic of Guinea-
in order to contribute to creating the conditions for
Bissau,
in close coop-
implementation of the National SSR Strategy,
eration with other EU,
international and bilateral actors, and
with a view to facilitating subsequent donor engagement.

2.

The particular objectives of the mission are:

— Operationalisation of

the National SSR Strategy through
assisting in the development of detailed implementation
plans for downsizing/restructuring the Armed Forces and
security forces.

— Assistance to the development and articulation of capacity-
building needs, including training and equipment, facilitating
subsequent mobilisation of, and engagement by, donors.

— Assessment of the potential and risk for continued ESDP
engagement in the medium term in support of SSR imple-
mentation.

Article 3

Structure of the mission

The mission shall be located in the capital city of Bissau and
shall comprise:

(d) an advisor to the Secretariat of the Committee for Technical

Coordination (CTC).

Article 4

Civilian Operation Commander

1.
The Civilian Planning and Conduct Capability (CPCC)
Director shall be the Civilian Operation Commander for EU
SSR GUINEA-BISSAU.

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

The Civilian Operation Commander shall ensure proper
the Council's decisions as
including by issuing instructions

3.
and effective implementation of
well as the PSC's decisions,
at strategic level as required to the Head of Mission.

4.
All seconded staff shall remain under the full command of
the national authorities of the seconding State or EU institution.
National authorities shall transfer Operational Control (OPCON)
of their personnel, teams and units to the Civilian Operation
Commander.

5.
The Civilian Operation Commander shall have the overall
responsibility for ensuring that the EU's duty of care is properly
discharged.

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Article 5

Head of Mission

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

teams

The Head of Mission shall

exercise OPCON over
2.
personnel,
as
assigned by the Civilian Operation Commander together with
administrative and logistic responsibility including over assets,
resources and information put at the disposal of the Mission.

from contributing States

and units

3.
The Head of Mission shall issue instructions to all mission
staff, for the effective conduct of EU SSR GUINEA-BISSAU in
theatre, assuming its coordination and day-to-day management,
following the instructions at strategic level of
the Civilian
Operation Commander.

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 be responsible for disciplinary
5.
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 EU SSR GUINEA-
6.
BISSAU in the operations area and shall ensure appropriate
visibility of the Mission.

7.
The Head of Mission, assisted by the General Secretariat of
the Council, shall draw up the Operational Plan (OPLAN) for
the Mission for approval by the Council.

Article 6

Staff

EU SSR GUINEA-BISSAU shall consist primarily of staff
1.
seconded by Member States or
the EU institutions. Each
Member State or EU institution shall bear the costs related to
any of the staff seconded by it, including travel expenses to and
from the place of deployment, salaries, medical coverage and
allowances, other than applicable per diems as well as hardship
and risk allowances.

the security principles and minimum standards established by
Council Decision 2001/264/EC of 19 March 2001 adopting the
Council's security regulations (1) (hereinafter referred to as the
‘Council's security regulations’).

Article 7

Chain of command

EU SSR GUINEA-BISSAU shall have a unified chain of

1.
command as a crisis management operation.

Under the responsibility of the Council,

2.
the PSC shall
exercise political control and strategic direction of EU SSR
GUINEA-BISSAU.

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 EU SSR
GUINEA-BISSAU at strategic level and, as such, shall issue the
Head of Mission with instructions and provide him with advice
and technical support. The EU Military Staff Civ-Mil Cell shall
be involved in all aspects within its Terms of Reference.

The Civilian Operation Commander shall report to the

4.
Council through the SG/HR.

5.
The Head of Mission shall exercise command and control
of EU SSR GUINEA-BISSAU at theatre level and shall be directly
responsible to the Civilian Operation Commander.

Article 8

Political control and strategic direction

The PSC shall exercise, under the responsibility of the
1.
Council, political
the
Mission. The Council hereby authorises the PSC to take the
relevant decisions in accordance with Article 25 of the Treaty.

and strategic direction of

control

This authorisation shall include the powers to appoint a Head
of Mission, upon proposal of the SG/HR, and to amend the
Concept of operations (CONOPS) and the OPLAN. The powers
of decision with respect to the objectives and termination of the
Mission shall remain vested in the Council.

International civilian staff and local staff shall be recruited
2.
on a contractual basis by the Mission if the functions required
are not provided by Member States.

2.

The PSC shall report to the Council at regular intervals.

3.
All staff shall abide by the Mission-specific minimum
security operating standards and the Mission Security Plan
supporting the EU Field Security Policy. As
the
protection of EU Classified Information with which staff are
entrusted in the course of their duties, all staff shall respect

regards

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.

(1) 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).

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Article 9

Financial arrangements

Article 11

Coordination

The financial

1.
relating to the Mission shall be EUR 5 650 000.

reference amount

to cover expenditure

2.
All expenditure shall be managed in accordance with the
Community rules and procedures applicable to the budget, with
the exception that any pre-financing shall not remain the
property of the Community. Nationals of third States shall be
allowed to tender for contracts.

each,

The Council

and the Commission shall

1.
in
accordance with their respective powers, ensure that this Joint
Action is consistent with the Community's external activities, in
accordance with the second subparagraph of Article 3 of the
Treaty. The Council and the Commission shall cooperate to this
end. Arrangements for the coordination of the EU's activities in
the Republic of Guinea-Bissau shall be established in Bissau as
well as in Brussels.

The Head of Mission shall

3.
supervised by,
undertaken in the framework of his contract.

the Commission regarding

report

fully to, and be
activities

the

The financial arrangements shall respect the operational
compatibility of

the Mission,

including

4.
requirements of
equipment.

2. Without prejudice to the chain of command, the Head of
Mission shall
coordination with the
in close
Commission delegation to ensure the coherence of EU action
in support to SSR in Guinea-Bissau.

also act

The Head of Mission shall coordinate closely with the
in
Steering
the National Security

3.
local EU Presidency and other EU Heads of Missions
regards
particular
Committee for the implementation of
Strategy.

EU participation in the

as

The expenditure connected with the Mission shall be

5.
eligible as from the entry into force of this Joint Action.

Article 10

Participation by third States

1. Without prejudice to the decision-making autonomy of
the EU and its single institutional framework, third States may
be invited to contribute to the Mission, provided that they bear
the cost of the staff seconded by them, including salaries, all
risks insurance cover, daily allowances and travel expenses to
and from the Republic of Guinea-Bissau, and that
they
contribute to the running costs of the Mission, as appropriate.

2.
Third States contributing to the Mission shall have the
same rights and obligations in terms of day-to-day management
of the Mission as Member States.

The Council hereby authorises the PSC to take the relevant
3.
decisions on acceptance of the contributions proposed and to
establish a Committee of Contributors.

4.
The Head of Mission shall cooperate with the other inter-
national actors present in the country, in particular the United
Nations, ECOWAS and with the International Contact Group
on Guinea-Bissau.

Article 12

Release of classified information

1.
The SG/HR shall be authorised to release to third States
associated with this Joint Action EU classified information and
documents up to the level ‘RESTREINT UE’ which are generated
for the purposes of
in accordance with the
Council's security regulations.

the operation,

The SG/HR shall be authorised to release to the United
2.
in accordance with the operational
Nations and ECOWAS,
the operation, EU classified information and
needs of
‘RESTREINT UE’ which are
level
documents up to the
generated for the purposes of
in accordance
the operation,
with the Council's security regulations. Local arrangements
shall be drawn up for this purpose.

4.
Detailed arrangements regarding the participation of third
States shall be covered by agreements concluded in accordance
with the procedure laid down in Article 24 of the Treaty. The
SG/HR, who shall assist the Presidency, may negotiate such
arrangements on the latter's behalf. Where the EU and a third
State have concluded an agreement establishing a framework for
the
third State's participation in EU crisis-management
operations, the provisions of that agreement shall apply in the
context of the Mission.

3.
In the event of a specific and immediate operational need,
the SG/HR shall also be authorised to release to the host State
EU classified information and documents up to the level
‘RESTREINT UE’ which are generated for the purposes of the
operation, in accordance with the Council's security regulations.
In all other cases, such information and documents shall be
released to the host State in accordance with procedures appro-
priate to the host State's level of cooperation with the EU.

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with the OPLAN. They shall also receive regular in-theatre
refresher training organised by the MSO.

5.
The Head of Mission shall ensure the protection of EU
Classified Information in accordance with the Council's Security
Regulations.

Article 15

Watch-keeping Capability

The Watch-keeping Capability shall be activated for EU SSR
GUINEA-BISSAU.

Article 16

Review of the Mission

A Mission review shall be presented to the PSC six months after
the beginning of the implementation phase of the Mission, on
the basis of a report by the Head of Mission and the General
Secretariat of the Council.

Article 17

Entry into force and duration

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

its

It shall apply until 31 May 2009.

Article 18

Publication

This Joint Action shall be published in the Official Journal

1.
of the European Union.

The Decisions of

to Article 8(1),
2.
regarding the appointment of the Head of Mission, shall also
be published in the Official Journal of the European Union.

the PSC pursuant

Done at Brussels, 12 February 2008.

For the Council
The President

A. BAJUK

The SG/HR shall be authorised to release to third States
4.
associated with this Joint Action EU non-classified documents
relating to the deliberations of the Council with regard to the
operation and covered by the obligation of professional secrecy
pursuant to Article 6(1) of the Council's Rules of Procedure (1).

Article 13

Status of EU SSR GUINEA-BISSAU and its staff

The status of EU SSR GUINEA-BISSAU and its staff,
1.
immunities and
including where appropriate the privileges,
the completion and
any further guarantees necessary for
smooth functioning of
agreed in
shall be
the Mission,
accordance with the procedure laid down in Article 24 of the
Treaty. The SG/HR, who shall assist
the Presidency, may
negotiate such arrangements on its behalf.

2.
The State or EU institution having seconded a member of
staff shall be responsible for answering any claims linked to the
secondment, from or concerning the member of staff. The State
or EU institution in question shall be responsible for bringing
any action against the person seconded.

Article 14

Security

1.
The Civilian Operation Commander shall direct the Head
of Mission's planning of security measures and ensure their
proper and effective implementation for EU SSR GUINEA-
BISSAU in accordance with Articles 4 and 7, in coordination
with the Security Office of
the
Council.

the General Secretariat of

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 EU on the security of personnel deployed
outside the EU in an operational capacity under Title V of the
Treaty on EU and its supporting documents.

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

4.
security training before taking up their duties,

EU SSR GUINEA-BISSAU staff shall undergo mandatory
in accordance

(1) Decision 2006/683/EC, Euratom (OJ L 285, 16.10.2006, p. 47).
Decision as last amended by Decision 2007/881/EC, Euratom (OJ
L 346, 29.12.2007, p. 17).