DECISIONS
COUNCIL DECISION 2010/452/CFSP
of 12 August 2010
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 Articles 28 and 43(2) thereof,
Whereas:
(1) On 15 September 2008, the Council adopted Joint
Action 2008/736/CFSP on the European Union Monitoring
Mission in Georgia, EUMM Georgia (1) (hereinafter
the Mission). That Joint Action expires on 14 September
2010.
(2) On 28 May 2010 the Political and Security Committee
(PSC) recommended to extend the Mission for an additional
period of 12 months until 14 September 2011.
(3) The command and control structure of the Mission
should be without prejudice to the contractual responsibility
of the Head of Mission towards the Commission
for implementing the budget of the Mission.
(4) The Watch-keeping capability established within the
General Secretariat of the Council should be activated
for this Mission.
(5) The 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 21 of the Treaty,
HAS ADOPTED THIS DECISION:
Article 1
The Mission
1. The European Union Monitoring Mission in Georgia (hereinafter
‘EUMM Georgia’ or the ‘Mission’), established by Joint
Action 2008/736/CFSP, shall be extended as from
15 September 2010 until 14 September 2011.
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
1. EUMM Georgia shall provide civilian monitoring of
Parties’ actions, including full compliance with the six-point
Agreement and subsequent implementing measures throughout
Georgia, working in close coordination with partners,
particularly the United Nations (UN) and the Organisation for
Security and Cooperation in Europe (OSCE), and consistent with
other Union 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:
(a) to contribute to long-term stability throughout Georgia and
the surrounding region;
(b) in the short term, the stabilisation of the situation with a
reduced risk of a resumption of hostilities, in full
compliance with the six-point Agreement and the
subsequent implementing measures.
Article 3
Mission tasks
In order to achieve the Mission, the tasks of EUMM Georgia
shall be to:
1. Stabilisation:
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 humanitarian
law.
2. Normalisation:
Monitor, analyse and report on the situation pertaining to
the normalisation process of civil governance, focusing on
rule of law, effective law enforcement structures and
adequate public order. The Mission shall also monitor the
security of transport links, energy infrastructures and utilities,
as well as the political and security aspects of the return of
internally displaced persons and refugees.
EN13.8.2010 Official Journal of the European Union L 213/43
(1) OJ L 248, 17.9.2008, p. 26.
3. Confidence building:
Contribute to the reduction of tensions through liaison,
facilitation of contacts between parties and other confidence
building measures.
4. Contribute to informing European policy and to future
Union 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.
(b) Field Offices. Geographically distributed Field Offices shall
conduct monitoring tasks and provide necessary functions
of mission support.
(c) Support Element. The Support Element shall be located
within the General Secretariat of the Council in Brussels.
2. The elements set out in paragraph 1 shall be subject to
further detailed arrangements in the Operation Plan (OPLAN).
Article 5
Civilian Operation Commander
1. The Civilian Planning and Conduct Capability (CPCC)
Director shall be the Civilian Operation Commander for
EUMM Georgia.
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 High Representative
of the Union for Foreign Affairs and Security Policy
(HR), shall exercise command and control of EUMM Georgia at
the strategic level.
3. The Civilian Operation Commander shall ensure proper
and effective implementation of the Council’s decisions as
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.
4. All seconded staff shall remain under the full command of
the national authorities of the seconding State or Union institution
concerned. 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 overall
responsibility for ensuring that the Union’s duty of care is
properly discharged.
6. The Civilian Operation Commander and the European
Union Special 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.
3. The Head of Mission shall issue instructions to all Mission
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 strategic level of the Civilian Operation
Commander.
4. The Head of Mission shall be responsible for the implementation
of the Mission’s budget. For this purpose, the Head
of Mission shall sign a contract with the Commission.
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 authority or Union institution
concerned.
6. The Head of Mission shall represent EUMM Georgia in the
operations area and shall ensure appropriate visibility of the
Mission.
7. The Head of Mission shall coordinate, as appropriate, with
other Union actors on the ground. The Head of Mission shall,
without prejudice to the chain of command, receive local
political guidance from the EUSR.
ENL 213/44 Official Journal of the European Union 13.8.2010
Article 7
Staff
1. EUMM Georgia shall consist primarily of staff seconded by
Member States or Union institutions. Each Member State or
Union 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.
2. International civilian staff and local staff shall be recruited
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 applications
from Member States are available, nationals from
participating third States may be recruited on a contractual
basis, as appropriate.
3. All staff shall abide by the Mission-specific minimum
security operating standards and the Mission security plan
supporting the Union’s field security policy. As regards 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).
Article 8
Status of Mission and staff
1. The status of the Mission and its staff, including where
appropriate the privileges, immunities and further guarantees
necessary for the completion and smooth functioning of the
Mission, shall be agreed in accordance with the procedure laid
down in Article 37 of the Treaty.
2. The State or Union 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 Union institution in question shall be responsible for
bringing any action against the seconded person.
3. The conditions of employment and the rights and obligations
of international and local staff shall be laid down in the
contracts between the Head of Mission and the members of
staff.
Article 9
Chain of command
1. EUMM Georgia shall have a unified chain of command, as
a crisis management operation.
2. Under the responsibility of the Council, the PSC shall
exercise political control and strategic direction of EUMM
Georgia.
3. The Civilian Operation Commander, under the political
control and strategic direction of the PSC and the overall
authority of the HR, shall be the commander of EUMM
Georgia at the strategic level and, as such, shall issue the
Head of Mission with instructions and provide him with
advice and technical support.
4. The Civilian Operation Commander shall report to the
Council through the HR.
5. The Head of Mission shall exercise command and control
of EUMM Georgia at theatre level and shall be directly
responsible to the Civilian Operation Commander.
Article 10
Political control and strategic direction
1. The PSC shall exercise, under the responsibility of the
Council and of the HR, political control and strategic
direction of the Mission. The Council hereby authorises the
PSC to take the relevant decisions in accordance with the
third paragraph of Article 38 of the Treaty. This authorisation
shall include the powers to appoint a Head of Mission, upon a
proposal of the 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.
Article 11
Participation of third States
1. Without prejudice to the decision-making autonomy of
the Union 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 insurance cover, daily subsistence allowances and travel
expenses to and from Georgia, 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.
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.
EN13.8.2010 Official Journal of the European Union L 213/45
(1) Council Decision 2001/264/EC of 19 March 2001 adopting the
Council’s security regulations (OJ L 101, 11.4.2001, p. 1).
4. Detailed arrangements regarding the participation of third
States shall be covered by agreements concluded in accordance
with Article 37 of the Treaty and additional technical
arrangements as necessary. Where the Union and a third State
conclude an agreement establishing a framework for the participation
of that third State in Union crisis-management
operations, the provisions of that agreement shall apply in the
context of the Mission.
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.
2. The Head of Mission shall be responsible for the security
of the Mission and for ensuring compliance with minimum
security requirements applicable to the Mission, in line with
the policy of the Union on the security of personnel deployed
outside the Union 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
Security Officer (MSO), who shall report to the Head of
Mission and also maintain a close functional relationship with
the Council Security Office.
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
1. The financial reference amount intended to cover the
expenditure related to the Mission between 15 September
2010 and 14 September 2011 shall be EUR 26 600 000.
2. All expenditure shall be managed in accordance with the
rules and procedures applicable to the general budget of the
European Union.
3. The Head of Mission shall report fully to, and be
supervised by, the Commission regarding the activities
undertaken in the framework of his contract.
4. Nationals of third States shall be allowed to tender for
contracts. Subject to the Commission’s approval, the Head of
Mission may conclude technical arrangements with Member
States, participating third States, and other international actors
regarding the provision of equipment, services and premises to
EUMM Georgia.
5. The financial arrangements shall respect the operational
requirements of the Mission including compatibility of
equipment and interoperability of its teams.
6. The expenditure shall be eligible as of the date of adoption
of this Decision.
Article 15
Coordination
1. Without prejudice to the chain of command, the Head of
Mission shall act in close coordination with the Union delegation
to ensure the consistency of Union action in support
of Georgia.
2. The Head of Mission shall coordinate closely with Heads
of the diplomatic missions of Member States.
3. The Head of Mission shall cooperate with the other international
actors present in the country.
Article 16
Release of classified information
1. The HR shall be authorised to release to the third States
associated with this Decision, as appropriate and in accordance
with the needs of the Mission, EU classified information and
documents up to ‘CONFIDENTIEL UE’ level generated for the
purposes of the Mission, in accordance with the Council’s
Security Regulations.
2. The HR shall also be authorised to release to the UN 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 Regulations. Local
arrangements shall be drawn up for this purpose.
3. In the event of a specific and immediate operational need,
the 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
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 the appropriate procedures for
cooperation by the host State with the Union.
ENL 213/46 Official Journal of the European Union 13.8.2010
4. The HR shall be authorised to release to the third States
associated with this Decision any EU non-classified documents
connected with the deliberations of the Council relating to the
Mission and covered by the obligation of professional secrecy
pursuant to Article 6(1) of the Council’s Rules of Procedure (1).
Article 17
Review of the Mission
A Mission review shall be presented to the PSC every six
months, on the basis of a report by the Head of Mission and
the General Secretariat of the Council.
Article 18
Entry into force and duration
This Decision shall enter into force on the date of its adoption.
It shall apply from 15 September 2010 until 14 September
2011.
Done at Brussels, 12 August 2010.
For the Council
The President
S. VANACKERE
EN13.8.2010 Official Journal of the European Union L 213/47
(1) Council Decision 2009/937/EU of 1 December 2009 adopting the
Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).