Council Joint Action 2008/736/CFSP of 15 September 2008 on the European Union Monitoring Mission in Georgia, EUMM Georgia
Date: 2008-09-15
Institutions: Council of the European Union
Subjects: EU financing, Georgia, civil war, fact-finding mission, operation of the Institutions, staff regulations (EU)

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2008/736/CFSP

of 15 September 2008

on the European Union Monitoring Mission in Georgia, EUMM Georgia

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

(3)

(4)

On 1 September 2008, the European Council expressed
its grave concern at the open conflict which had broken
out
the
in Georgia, and expressed the readiness of
European Union (EU) to commit itself to support every
effort to secure a peaceful and lasting solution to the
conflict.

The European Council recalled that a peaceful and lasting
solution to the conflict in Georgia must be based on full
respect for the principles of independence, sovereignty
law,
and territorial integrity recognised by international
the Final Act of the Helsinki Conference on Security and
Cooperation in Europe and United Nations Security
Council resolutions.

The six-point Agreement achieved on 12 August 2008
on the basis of the EU's mediation efforts, as supple­
mented by the Agreement
reached on 8 September
2008 for its implementation, remains the basis for the
stabilisation process.

The European Council also recalled on 1 September
2008 that the appointment in December 2003 of an
South
EU Special Representative

(EUSR)

the

for

Caucasus was a further
step in the deepening of
relations with Georgia and the other two countries of
the region (Armenia and Azerbaijan). The European
Council decided that,
the
crisis in Georgia should be appointed.

in addition, an EUSR for

On 2 September 2008, an exploratory mission was
deployed to Georgia and began operating in view of
gathering relevant information and preparing a possible
civilian European Security and Defence Policy (ESDP)
in
Mission. This should take full regard of and act
the existing
complementarity with the mandates of
presences of the Organization for Security and Coop­
eration in Europe and the United Nations in Georgia.

On 3 September 2008,
approved a
preparatory measure for a possible future ESDP Mission
in Georgia.

the Council

In a letter dated 11 September 2008, the Government of
Georgia invited the EU to deploy an ESDP civilian moni­
toring mission in Georgia.

Any third State's participation in the Mission should be
in accordance with the general guidelines defined by the
European Council.

The command and control structure of
the Mission
should be without prejudice to the contractual responsi­
bility of the Head of Mission towards the Commission
for implementing the budget of the Mission.

(5)

(6)

(7)

(8)

(9)

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(10)

(11)

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

1. Stabilisation:

The ESDP Mission will be conducted in the context of a
situation which may deteriorate and could harm the
objectives of the Common Foreign and Security Policy
as set out in Article 11 of the Treaty,

Monitor, analyse and report on the situation pertaining to
the stabilisation process, centred on full compliance with the
six-point Agreement,
including troop withdrawals, and on
freedom of movement and actions by spoilers, as well as
on violations of human rights and international humani­
tarian law.

HAS ADOPTED THIS JOINT ACTION:

2. Normalisation:

Article 1

The Mission

The European Union (EU) hereby establishes a European
1.
Union Monitoring Mission in Georgia, hereinafter referred to as
‘EUMM Georgia’. EUMM Georgia shall be deployed in phases,
with deployment beginning in September 2008 and the oper­
ational phase beginning no later than 1 October 2008.

2.
EUMM Georgia shall operate in accordance with the
mission statement as set out in Article 2 and shall carry out
the tasks as set out in Article 3.

Article 2

Mission statement

EUMM Georgia shall provide civilian monitoring of
1.
Parties' actions,
including full compliance with the six-point
Agreement and subsequent implementing measures throughout
Georgia, working in close coordination with partners, particu­
larly the United Nations (UN) and the Organisation for Security
and Cooperation in Europe (OSCE), and consistent with other
EU activity, in order to contribute to stabilisation, normalisation
and confidence building whilst also contributing to informing
European policy in support of a durable political solution for
Georgia.

2.

The particular objectives of the Mission shall be:

law,

effective

Monitor, analyse and report on the situation pertaining to
the normalisation process of civil governance, focusing on
rule of
structures and
adequate public order. The Mission will also monitor the
and
security of
utilities, as well as the political and security aspects of the
return of internally displaced persons and refugees.

energy infrastructures

law enforcement

transport

links,

3. Confidence building:

Contribute to the reduction of tensions through liaison, facil­
itation of contacts between parties and other confidence
building measures.

4. Contribute to informing European policy and to future EU

engagement.

Article 4

Structure of the Mission

1.

EUMM Georgia shall be structured as follows:

(a) Headquarters (HQ). The HQ shall consist of the Office of
the Head of Mission and the HQ Staff, providing all
necessary functions of command and control and mission
support. The HQ shall be located in Tbilisi.

(a)

to contribute to long-term stability throughout Georgia and
the surrounding region;

(b) Field Offices. Geographically distributed Field Offices shall
conduct monitoring tasks and provide necessary functions
of mission support.

(b) in the short term, the stabilisation of the situation with a
in full
the

resumption of hostilities,
six-point Agreement

reduced risk of
compliance with
subsequent implementing measures.

a
the

and

Article 3

Mission tasks

(c) Support Element. The Support Element shall be located
in Brussels.

within the General Secretariat of the Council

2.
As an initial enabling capability, monitoring teams of pre-
equipped components provided by the Member States shall be
established within EUMM Georgia.

In order to achieve the Mission, the tasks of EUMM Georgia
shall be to:

The above elements shall be subject to further detailed

3.
arrangements in the Operation Plan (OPLAN).

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Article 5

Civilian Operation Commander

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

The Civilian Planning and Conduct Capability (CPCC)
for
shall be the Civilian Operation Commander

1.
Director
EUMM Georgia.

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 EUMM Georgia at the strategic level.

5.
The Head of Mission shall be responsible for disciplinary
control over the staff. For seconded staff, disciplinary action
shall be exercised by the national or EU authority concerned.

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

The Civilian Operation Commander shall ensure proper
3.
the Council's decisions as
and effective implementation of
well as the PSC's decisions,
including by issuing instructions
at the strategic level as required to the Head of Mission and
providing him with advice and technical support.

The Head of Mission shall coordinate, as appropriate, with
7.
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.

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

authorities

shall

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 (EUSR) shall consult each other as required.

Article 6

Head of Mission

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

2.
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 including over assets,
resources and information placed at the disposal of the Mission.

The Head of Mission shall issue instructions to all Mission
3.
staff, including in this case the support element in Brussels, for
the effective conduct of EUMM Georgia in theatre, assuming its
coordination and day-to-day management, and following the
instructions at
the Civilian Operation
Commander.

the strategic level of

The Head of Mission shall draw up the OPLAN for the
8.
Mission so that
it may be submitted for approval by the
Council. The Head of Mission shall be assisted in this task by
the General Secretariat of the Council.

Article 7

Staff

1.
EUMM Georgia shall consist primarily of staff seconded by
Member States or 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 daily allowances, as well as hardship and
risk allowances.

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 personnel seconded by Member States.
Exceptionally, in duly justified cases, where no qualified appli­
cations from Member States are available, nationals from parti­
cipating third States may be recruited on a contractual basis, as
appropriate.

All staff shall abide by the Mission-specific minimum
3.
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
the security principles and minimum standards established by
the Council's Security Regulations (1).

regards

(1) Council Decision 2001/264/EC of 19 March 2001 adopting the

Council's security regulations (OJ L 101, 11.4.2001, p. 1).

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Article 8

Status of Mission and staff

The status of the Mission and its staff,

including where
1.
immunities and further guarantees
appropriate the privileges,
necessary for the completion and smooth functioning of the
Mission, shall be agreed in accordance with the procedure laid
down in Article 24 of the Treaty. The SG/HR, assisting the
Presidency, may negotiate such an agreement 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 seconded person.

relevant decisions in accordance with the third paragraph of
Article 25 of the Treaty. This authorisation shall
include the
powers to appoint a Head of Mission, upon a 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.

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.

The conditions of employment and the rights and obli­
3.
gations of
international and local civilian staff shall be laid
down in the contracts between the Head of Mission and the
members of staff.

Article 11

Participation of third States

Article 9

Chain of command

EUMM Georgia shall have a unified chain of command, as

1.
a crisis management operation.

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 risk
and travel
subsistence
insurance
expenses to and from Georgia, and that they contribute to
the running costs of the Mission, as appropriate.

cover, daily

allowances

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

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 EU Member States.

The Civilian Operation Commander, under the political
3.
the PSC and the overall
control and strategic direction of
authority of the SG/HR, shall be the commander of EUMM
Georgia at
issue the
the strategic level and, as such, shall
Head of Mission with instructions 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 control
theatre level and shall be directly

5.
of EUMM Georgia at
responsible to the Civilian Operation Commander.

Article 10

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

and strategic direction of

control

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

Detailed arrangements regarding the participation of third
4.
States shall be covered by agreements concluded in accordance
with Article 24 of
the Treaty. The SG/HR, assisting the
Presidency, may negotiate such agreements on its behalf.
Where the EU and a third State conclude an agreement estab­
lishing a framework for the participation of that third State in
EU crisis-management operations,
that
agreement shall apply in the context of the Mission.

the provisions of

Article 12

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 EUMM Georgia in
accordance with Articles 5 and 9,
in coordination with the
Council Security Office.

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The Head of Mission shall be responsible for the security
2.
of the Mission and for ensuring compliance with minimum
security requirements applicable to the Mission,
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, and its supporting instruments.

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

(MSO), who shall

report

4.
EUMM Georgia staff shall undergo mandatory security
training before taking up their duties, in accordance 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 13

Watch-keeping Capability

The Watch-keeping Capability shall be activated for EUMM
Georgia.

Article 14

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to the Mission shall be EUR 31 000 000.

2.
All expenditure shall be managed in accordance with the
Community rules and procedures applicable to the general
budget of the EU. Subject to the Commission's approval, the
Head of Mission may conclude technical arrangements with EU
Member States, participating third States, and other interna­
tional actors regarding the provision of equipment, services
and premises to EUMM Georgia. Nationals of
third States
shall be allowed to tender for contracts.

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

Article 15

Coordination

1. Without prejudice to the chain of command, the Head of
Mission shall act in close coordination with the Commission
delegation to ensure the consistency of EU action in support of
Georgia.

The Head of Mission shall coordinate closely with the

2.
local EU Presidency and other EU Heads of Missions.

The Head of Mission shall cooperate with the other inter­
3.
national actors present in the country, in particular the UN and
the OSCE.

Article 16

Release of classified information

1.
The SG/HR shall be authorised to release to the third
States associated with this Joint Action, as appropriate and in
accordance with the needs of the Mission, EU classified infor­
mation and documents up to ‘CONFIDENTIEL UE’
level
generated for the purposes of the Mission, in accordance with
the Council's Security Regulations.

The SG/HR shall also be authorised to release to the UN
2.
and OSCE,
in accordance with the operational needs of the
Mission, EU classified information and documents up to
‘RESTREINT UE’ level which are generated for the purposes of
the Mission,
in accordance with the Council's Security Regu­
lations. Local arrangements shall be drawn up for this purpose.

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

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

Article 17

Review of the Mission

The financial arrangements shall respect the operational
compatibility of

4.
requirements of
the Mission including
equipment and interoperability of its teams.

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

5.
The expenditure connected with the Mission shall be
eligible as of the date of entry into force of this Joint Action.

(1) Council Decision 2006/683/EC, Euratom of 15 September 2006
adopting the Council's Rules of Procedure (OJ L 285, 16.10.2006,
p. 47).

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Article 18

Entry into force and duration

Decisions of the PSC pursuant to Article 10(1) regarding
2.
the appointment of the Head of Mission shall also be published
in the Official Journal of the European Union.

This Joint Action shall enter into force on the date of
its
adoption and its duration shall be for a period of 12 months.

Article 19

Publication

This Joint Action shall be published in the Official Journal

1.
of the European Union.

Done at Brussels, 15 September 2008.

For the Council
The President

B. KOUCHNER