Council Decision 2008/298/CFSP of 7 April 2008 amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union
Date: 2008-04-07
Institutions: Council of the European Union
Subjects: European defence policy, armed forces, competence of the institution, consultancy, military personnel, staff regulations (EU)

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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 DECISION 2008/298/CFSP

of 7 April 2008

amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty on European Union, in particular
Article 28(1) thereof,

Decision 2001/80/CFSP is hereby amended as follows:

Article 1

Having regard to the Treaty
Community, in particular Article 207(2) thereof,

establishing the European

1. Article 4 shall be replaced by the following:

Whereas:

(1)

(2)

(3)

(4)

(5)

On 22 January 2001 the Council adopted Decision
2001/80/CFSP (1)
reference of
the terms of
which were set out in the Annex thereto.

(EUMS),

On 19 November 2007 the Council approved a set of
four measures to improve the EUMS's ability to conduct
early military planning at the strategic level for EU-led
operations.

The terms of reference of the EUMS should be amended
to implement these measures, pending a comprehensive
review of the terms of reference following an evaluation
of the implementation of these measures.

In addition, the EUMS terms of reference should reflect
the changes
that have been introduced within the
Council's crisis management structures and procedures
since the terms of reference were last amended.

of

the

adoption

Decision 2001/80/CFSP should also be amended to take
of Council Decision
account
2007/829/EC of 5 December 2007 concerning the
rules applicable to national experts and military staff
on secondment
the
Council (2),

to the General Secretariat of

‘Article 4

Members of the Military Staff of the European Union shall be
subject to rules established in Council Decision 2007/829/EC
of 5 December 2007 concerning the rules applicable to
national experts and military staff on secondment to the
General Secretariat of the Council (*).

___________
(*) OJ L 327, 13.12.2007, p. 10.’;

2. the Annex shall be replaced by the Annex to this Decision.

This Decision shall take effect from the date of its adoption.

Article 2

Article 3

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

Done at Luxembourg, 7 April 2008.

For the Council
The President
R. ŽERJAV

(1) OJ L 27, 30.1.2001, p. 7. Decision as amended by Decision

2005/395/CFSP (OJ L 132, 26.5.2005, p. 17).

(2) OJ L 327, 13.12.2007, p. 10.

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ANNEX

EUROPEAN UNION MILITARY STAFF (EUMS) TERMS OF REFERENCE AND ORGANISATION (*)

1. Introduction

At Helsinki, the EU Member States decided to establish within the Council new permanent political and military bodies
enabling the EU to assume its responsibilities for the full range of conflict prevention and crisis management tasks
defined in the TEU. As provided for in the Helsinki report, the EUMS, ‘within the Council structures provides military
expertise and support to the CESDP, including the conduct of EU-led military crisis management operations’.

At its meeting on 12 and 13 December 2003, the European Council welcomed the document entitled ‘European
Defence, NATO/EU consultation, planning and operations’. On 16 and 17 December 2004 the European Council
endorsed the detailed proposals for the implementation of this document.

On 19 November 2007 the Council welcomed the report by the Secretary General/High Representative (SG/HR) on
the EU Military Staff's ability to conduct early planning at the strategic level for EU-led operations, as requested by the
Council in May 2007, and approved the recommendations to implement, as a package, the four measures, together
with the actions identified in the military advice.

The Terms of Reference of the EUMS are defined as follows:

2. Mission

The Military Staff is to perform early warning, situation assessment and strategic planning for missions and tasks
referred to in Article 17(2) of the TEU, including those identified in the European Security Strategy.

This also encompasses the identification of European national and multinational forces and the implementation of
policies and decisions as directed by the EUMC.

3. Role

— It is the source of the EU's military expertise.

— It assures the link between the EUMC on the one hand and the military resources available to the EU on the other,

and it provides military expertise to EU bodies as directed by the EUMC.

— It performs three main operational functions: early warning, situation assessment and strategic planning.

— It conducts early planning in sufficient detail, inter alia, to allow Member States to assess their potential force

contributions and for the EUMS to provide appropriate expertise along the decision-making process.

— It provides an early warning capability. It plans, assesses and makes recommendations regarding the concept of
crisis management and the general military strategy and implements the decisions and guidance of the EUMC.

— It supports the EUMC regarding situation assessment and military aspects of strategic planning (1) over the full
range of missions and tasks referred to in Article 17(2) of the TEU, including those identified in the European
Security Strategy, for all cases of EU-led operations, whether or not the EU draws on NATO assets and capabilities.

(*) For abbreviations throughout, see Appendix B.
(1) Definitions:

Strategic Planning: Planning activities that start as soon as a potential crisis is identified, or a crisis emerges, and end when the EU
political authorities approve a military strategic option or a set of military strategic options. The strategic process encompasses military
situation assessment, definition of a POL/MIL framework and development of military strategic options.
Military Strategic Option: a possible military action designed to achieve the POL/MIL objectives outlined in the POL/MIL framework. A
military strategic option will describe the outline military solution, the required resource and constraints and recommendations on the
choice of the Operations Commander and OHQ.

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— It supports (upon request of the SG/HR or the PSC) temporary missions to third countries or international
organisations, in order to provide, as required, advice and assistance on military aspects of conflict prevention,
crisis management and post-conflict stabilisation.

— It contributes to the process of elaboration, assessment and review of the capability goals, taking into account the
need, for those Member States concerned, to ensure consistency with NATO's DPP and the PARP of the PfP in
accordance with agreed procedures.

— It works in close coordination with the European Defence Agency.

— It is responsible for monitoring, assessing and making recommendations on training, exercises and interoperability,

in connection with the forces and capabilities made available to the EU by the Member States.

— It maintains the capacity to reinforce the national HQ designated to conduct an EU autonomous operation.

— It is responsible for generating the capacity to plan and run an autonomous EU military operation, and maintains
the capacity within EUMS rapidly to set up an operations centre for a specific operation, in particular where a joint
civil/military response is required and where no national HQ is identified, once a decision on such an operation has
been taken by the Council, upon the advice of the EUMC.

4. Tasks

— It provides SG/HR and EU bodies with military expertise, under the direction of the EUMC.

— It monitors potential crises by relying on appropriate national and multinational intelligence capabilities.

— It collaborates with the Joint Situation Centre in the field of information exchange in accordance with the

arrangement on the Single Intelligence Analysis Capacity.

— It carries out military advance planning at the strategic level.

— It conducts early planning in sufficient detail, inter alia, to allow Member States to assess their potential force

contributions and for the EUMS to provide appropriate expertise along the decision-making process.

— It identifies and lists European national and multinational forces for EU-led operations coordinating with NATO.

— It contributes to the development and preparation (including training and exercises) of national and multinational
forces made available by the Member States to the EU. The modalities of the relationship with NATO are defined
in the relevant documents.

— It organises and coordinates the procedures with national and multinational HQs including those NATO HQs

available to the EU, ensuring, as far as possible, compatibility with NATO procedures.

— It contributes to the military aspects of the ESDP dimension of the fight against terrorism.

— It contributes to the development of concepts, doctrine, plans and procedures for the use of military assets and

capabilities for natural or man-made disaster consequence management operations.

— It programmes, plans, conducts and evaluates the military aspects of the EU's crisis management procedures,

including the exercising of EU/NATO procedures.

— It participates in the financial estimation of operations and exercises.

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— It liaises with the national HQs and the multinational HQs of the multinational forces.

— It establishes permanent relations with NATO according to ‘EU/NATO permanent arrangements’.

— It hosts a NATO Liaison Team at the EUMS and it maintains an EU Cell at SHAPE in accordance with ESDP

Presidency Report adopted by the Council on 13 December 2004.

— It establishes appropriate relations with identified correspondents within the UN as well as other international

organisations, including the OSCE and the AU, subject to an agreement from these organisations.

— It contributes to the necessary comprehensive lessons learned process.

— It undertakes strategic contingency planning at the initiative of the SG/HR or the PSC.

— It contributes to the development of a body of doctrine/concepts, learning lessons from civilian/military operations

and exercises.

— It prepares concepts and procedures for the EU Ops Centre and ensures the availability and readiness of the

manpower, facilities and equipment of the operations centre for operations, exercises and training.

— It maintains, updates and replaces the equipment of the EU Ops Centre and maintains the premises.

(a) Additional tasks in crisis management situations

— It requests and processes specific information from the intelligence organisations and other relevant infor-

mation from all available sources.

— It supports the EUMC in its contributions to Initial Planning Guidance and Planning Directives of the PSC.

— It develops and prioritises military strategic options as a basis for the military advice given by the EUMC to the

PSC by:

— defining initial broad options,

— drawing, as appropriate, on planning support from external sources which will analyse and further develop

these options in more detail,

— evaluating the results of this more detailed work and commissioning any further work that might be

necessary,

— presenting an overall assessment, with an indication of priorities and recommendations as appropriate, to

the EUMC.

— It identifies in coordination with national planning staffs and, as appropriate, NATO, the forces that might

participate in possible EU-led operations.

It assists the operation commander in technical exchanges with third countries offering military contributions
to an EU-led operation, and in the preparation of the force generation conference.

— It continues to monitor crisis situations.

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— Upon a request from DGE to DGEUMS,

it provides assistance to crisis response political-military strategic

planning carried out under the responsibility of DGE (preparation of CMC, joint action …).

— Upon a request of DGE to DGEUMS, it provides assistance to crisis response planning at the strategic level (Fact

Finding Missions, CMC) carried out under the responsibility of DGE.

— It contributes to crisis response strategic planning for joint civil/military operations through the development of
strategic options as foreseen in crisis management procedures. This planning falls under the direct responsibility
of the DGEUMS and the DCPCC and the overall authority of the SG/HR.

— Upon a request of DCPCC to DGEUMS, it provides assistance to crisis-response planning at the strategic and

operational level for civilian missions carried out under the responsibility of the DCPCC.

(b) Additional tasks during operations

— The EUMS provides, through the ‘Watch Keeping Capability’, a 24h/7 days capability to monitor all ESDP

missions and operations to ensure the passage of operation-specific information in a systematic way.

— The EUMS, acting under the direction of

the military aspects of
operations. It conducts strategic analysis in liaison with the designated operation commander to support the
EUMC in its advisory role to the PSC in charge of the strategic direction.

the EUMC, continuously monitors all

— In the light of political and operational developments, it provides the EUMC with new options as a basis for

EUMC's military advice to the PSC.

— It contributes to the key nucleus reinforced, and to further augmentation, as required, of the EU Ops Centre.

— It provides the permanent key nucleus of the EU Ops Centre.

— It assists in coordinating civilian operations. Such operations are planned and conducted under the authority of
DCPCC. It assists with planning, support (including the possible use of military means) and conduct of civilian
operations (strategic level remains with DGE IX).

5. Organisation

— The EUMS works under the military direction of the EUMC, to which it reports.

— It is a Council Secretariat department directly attached to the SG/HR and it works in close cooperation with other

departments of the General Secretariat of the Council.

— It is headed by the DGEUMS, a three-star flag officer.

— It is composed of personnel seconded from the Member States acting in an international capacity, in accordance
with the rules applicable to national experts and military staff on secondment to the General Secretariat of the
Council, as well as officials from within the General Secretariat of the Council and officials seconded from the
Commission. With the aim of improving the EUMS selection process, Member States are encouraged to present
more than one candidate for each of the posts applied for.

— In order to cope with the full spectrum of missions and tasks, the EUMS is organised as set out in Appendix ‘A’.

— In crisis-management situations or exercises, the EUMS may set up Planning and Management Teams, drawing
upon its own expertise, manpower and infrastructure. In addition, it could, if necessary, request through the EUMC,
manpower for temporary augmentation from the EU Member States.

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— The EUMC will provide guidance, through DGEUMS, on the military activities undertaken by the EUMS within the
framework of civilian crisis management. Contributions by the EUMS for civilian aspects of crisis management
remain under the functional responsibility of DGE IX for all activities (planning, Fact-Finding Missions, etc.) up to
and including the development of the CMC and, where appropriate, CSO/PSOs. Once a decision to launch a
mission is taken, these contributions come under the functional responsibility of DCPCC. Reporting on these
activities to the CIVCOM will be conducted in accordance with established procedures on civilian aspects of crisis
management.

6. Relations with third countries

The relations between the EUMS and the non-EU European NATO members, other third States, and candidates for
accession to the EU are defined in the relevant documents on the relations of the EU with third countries.

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Appendix B

ABBREVIATIONS

A

ADMIN Administration Branch

AU African Union

C

CESDP Common European Security and Defence Policy

CEUMC Chairman of the European Union Military Committee

CPCC Civilian Planning and Conduct Capability

CIS Communications and Information Systems Division

CIS POL/REQ Communications and Information Systems Policy and Requirements

CIV/MIL CELL Civilian/Military Cell

CIV/MIL STRAT PLAN Civilian Military Cell Strategic Planning Branch

CIVCOM Committee for Civilian Aspects of Crisis Management

CMC Crisis Management Concept

CMC SPT Support to Chairman of the European Union Military Committee

COMMS & IS Communications and Information Systems Directorate

CONOPS Concept of Operations

CRISIS RESP/CURRENT OPS Crisis Response and Current Operations Branch

CSO Civilian Strategic Option

D

DDG Deputy Director-General

DGEUMS Director-General of the European Union Military Staff

DCPCC Director Civilian Planning and Conduct Capability

DPP Defence Planning Process

E

ESDP European Security and Defence Policy

EUMC European Union Military Committee

EUMS European Union Military Staff

EU CELL (SHAPE) European Union Cell at SHAPE

EX/TRN/ANL Exercises and Training Analysis Branch

I

INT POLICY Intelligence Policy Branch

INT PRODUCTION Intelligence Production Branch

INT REQ Intelligence Requirement

IT SUPPORT Information Technology Support Branch

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L

LEGAL Legal Adviser

LOG POLICY Logistics Policy Branch

M

MAP Military Assessment and Planning Branch

O

OCPS Operations Centre Permanent Staff

OHQ Operations Headquarters

OP CENTRE PERM STAFF Operations Centre Permanent Staff

OPLAN Operations Plan

OPSCEN Operations Centre

OSCE Organisation for Security and Cooperation in Europe

P

PARP Planning and Revue Process

PfP Partnership for Peace

POL Policy Branch

PSC Political and Security Committee

PSO Police Strategic Option

T

TEU Treaty of the European Union