General Affairs Council (GAC) Conclusions

• 19 February 2002: International Police Task Force (IPTF) Follow-on – Council conclusions

1. “Recalling its conclusions of 28 January 2002, the Council announced the EU’s readiness to ensure, by the 1st of January 2003, the follow-on to the United Nations International Police Task Force (IPTF) in Bosnia and Herzegovina (BiH). In order to ensure a successful follow-up to the UN IPTF, the EU´s aim would be a broad approach with activities addressing the whole range of Rule of Law aspects, including institution building programmes and police activities which should be mutually supportive and reinforcing. The EU Police Mission (EUPM), supported by the European Community’s institution building programmes, would contribute to the overall peace implementation in Bosnia and Herzegovina as well as to the achievements of the EU overall’s policy in the region, notably the Stabilisation and Association Process.

2. In line with the general objectives of Annex 11 of the Dayton Agreement, the mission would establish sustainable policing arrangements under BiH ownership in accordance with best European and international practice, and thereby raising current BiH police standards. The EUPM , entrusted with the necessary authority to monitor, mentor and inspect, should achieve its goals by the end of 2005.

3. Recalling that the EU sees the future of BiH lying in integration into the European structures, the Council expressed its willingness to appoint as the EU Special Representative in BiH (EUSR) the next High Representative in BiH. He would maintain an overview of the whole range of activities in the field of the Rule of Law, and in that context provide advice to the Secretary General/High Representative (SG/HR) and the Commission as necessary. The PSC would exercise the political control of and provide strategic direction to the mission.
4. The Council stressed the importance of a seamless transition between the UNIPTF and the EUPM, and, in this respect, underlined the central role of the Police Commissioner to be designated.
5. The Council invited the Presidency, assisted by the SG/HR, to inform the international community of the EU’s readiness to establish the EUPM, and to continue to co-ordinate with the UN and to consult with relevant organisations, in particular NATO and the OSCE.
6. Appropriate contacts with the Government of Bosnia-Herzegovina and the relevant authorities will be established.
7. The financing of the EUPM, is set out in Annex IV.
8. Acknowledging the valuable contributions other States have made to UNIPTF, the Council agreed to invite, in the first instance, the non-EU European NATO members and other States which are candidates for accession to the EU, as well as other non-EU OSCE Member States currently contributing to IPTF, to make offers of contributions, in due course, for the EUPM. In order to ensure necessary consultation, the Council invited the PSC to hold meetings, as soon as possible, with these potential contributors, in accordance with the procedures set out in the relevant annex.
9. The mission statement, the chain of command, the co-ordination and financing arrangements, as well as the modalities for third States contributions to the EUPM are described in the annexes attached to these conclusions.
10. The Council invited its competent bodies to continue work on the EUPM and to prepare the necessary legal instruments in view of its meeting of 11 March 2002.”

The following outlines the Mission Statement for the EU Police Mission (EUPM) that will follow-on UN IPTF as a part of the EU overall support to the Rule of Law sector in BiH.

I. Political/Strategic level

1. The proposed mission statement for a possible police operation would include:
2. The EU Police mission (EUPM), supported by the European Commission’s institution building programmes, should, as part of a broader rule of law approach, aim, in line with the general objectives of Annex 11 of the Dayton Agreement, to establish sustainable policing arrangements under BiH ownership in accordance with best European and international practice, and thereby raising current BiH police standards. To do so, this three-year EUPM should be entrusted with the necessary authority and concentrate on the following goals:

• to preserve, through continuity with the achievements of the IPTF mission, the existing levels of institutional and personal proficiency;
• to enhance, through monitoring, mentoring and inspecting, police managerial and operational capacities; to this end, to focus on delegation of power and quality-oriented management principles as well as improving operational planning capacity based on analysis;
• to strengthen professionalism at high level within the ministries as well as at senior police officers levels through advisory and inspection functions;
• and to monitor the exercise of appropriate political control over the police.

3. The mission will not include executive powers or the deployment of an armed component.

   II. Objectives at operational level:

4. The EUPM, entrusted with the necessary authority to monitor, mentor and inspect, and working as an integral part of the broader rule of law approach, should achieve the goals set out above by the end of 2005, by ensuring that the BiH police services will:

• Act in a professional manner and in accordance with relevant legislation and regulations
• Be free of political interference, and led by an apolitical, qualified and accountable personnel
• Possess the integrity, knowledge and means to perform their duties in a transparent and objective manner
• At ministries and senior police officers level adopt a professional culture based on a fair, transparent and accountable internal management system including the exercise of internal controls and disciplinary procedures of the highest standard
• Ensure management practices be carried out through fair and impartial personnel policies for recruitment, training, specialisation, promotion, and discipline
• Be based on a transparent structure that takes into consideration the multiple ethnic composition of the society and that can deal satisfactorily with gender related issues.
• Effectively manage personnel and resources within an affordable and appropriate institutional framework
• Standardize data recording and analysis systems to facilitate information sharing for operational planning and investigations, with a view to promoting a BiH-wide crime statistics system
• Develop police co-operation among all BiH police forces, including at inter-entity, inter-canton levels (building up of structures for coordination, exchange of information and confidence building)
• Undertake criminal investigations of corruption cases regardless of political implications
• Be capable of investigating and countering the full range of criminal activities, including organized crime and terrorism with a State level capability forming an effective part of the administration of justice, cooperating closely with the prosecution and operating within a reformed criminal justice system
• Develop, in close cooperation with SFOR, specialized information sharing in support of the state level capability and other appropriate authorities
• Possess capacity to respond to public disorder in accordance with modern police standards and without political or ethnic bias
• Enter into constructive co-operation with police services of neighbouring States (SAP States) and EU Member States.

III. Methodology :

5. It should be noted that the effectiveness of a EUPM pursuing a management approach will directly depend on the expertise of the personnel and ability to retain continuity and institutional memory. For this purpose, it is strongly recommended that qualified personnel is identified and each seconded for a minimum of one year.
6. In order to achieve the above-mentioned objectives by the end of 2005, the EUPM should:

• Co-locate the international police alongside Commanders at the various Entities, Public Security Centres (PSCs), Cantons, Brcko district, State Intelligence Protection Agency (SIPA) and State Border Service (SBS) at medium and senior levels of the BiH Police
• Be able to remove from offices non compliant officers, through a recommendation by the EU police Commissioner to the High Representative.
• Coordinate with the Office of the High Representative in the furtherance of the International Community overall objectives in the field of the rule of the law, as well as with other Organizations within the International Community, as appropriate
• Liaise with SFOR on public security issues including for ensuring SFOR support in extremis.

The structure of the EU Police Mission, as part of the broader EU Rule of law follow-up in Bosnia and Herzegovina, would have to include a unified EU chain of command, as a crisis management operation.

Without prejudice to the relevant provisions of the Dayton Agreement and its annexes:

• The Special Representative of the EU would report to the Council through the SG/HR,
• The PSC would provide the political control and strategic direction,
• The Police Commissioner would lead the mission and assume its day-to-day management,
• The Police Commissioner would report to the SG/HR through the Special representative,
• The SG/HR would give guidance to the Police Commissioner through the Special representative.

1. The Council expressed its willingness to appoint the High Representative in Bosnia and Herzegovina as the European Union Special Representative in Bosnia and Herzegovina (EUSR). In doing so, the EU would convey a clear message that Bosnia and Herzegovina’s future lies in integration into European structures, building on the Stabilization and Association process. He would maintain an overview of the whole range of activities in the field of the Rule of Law and in that context provide advice to the SG/HR and the Commission as necessary. The role of the EUSR would not in any way prejudge the mandate of the High Representative in Bosnia and Herzegovina, including his coordinating role with regard to the activities of all civilian organisations and agencies as set out in the Dayton Peace Agreement and subsequent Peace Implementation Council decisions. As part of his wider responsibilities, the EUSR would have authority to give direction, as necessary, to the police commissioner while reporting to the Council through the SG/HR. The PSC would exercise political control of and provide strategic direction to the EU Police mission. The PSC would be informed on a regular basis on all aspects of the mission, including through briefings by the EUSR and the Police Commissioner as necessary.

2 In order to ensure a successful follow-up to the UN IPTF in Bosnia and Herzegovina, the EU’s aim must be a broad approach with activities addressing the whole range of Rule of Law aspects, including institution building programmes and police activities which should be mutually supportive and reinforcing. To this end, coordination arrangements are required in both Sarajevo and Brussels.

3. An informal Joint Coordination Group would be set up in Sarajevo. It would include representatives of the EU Police Mission and of the Commission’s Delegation in Sarajevo dealing with the CARDS programme. This group would meet regularly and exchange information on the planning and implementation of complementary projects, and bring anything requiring their attention to the notice of the Presidency, the SG/HR and the Commission in Brussels, and help define EU positions to be presented within the OHR Task Force on the Rule of Law.

4. Co-ordination in Brussels between the Council Secretariat and the Commission with involvement of the Presidency would continue to take place within an informal Task Force. In terms of presentation of progress reports to the Council and its bodies, the normal rules of representation and co-ordination would apply.

5. In accordance with the CARDS Council Regulation (EC) n° 2666/2000 of 5 December 2000, the Commission would consult the High Representative in Bosnia and Herzegovina on the implementation of Community assistance. The Commission would also ensure effective co-ordination of the Community’s and Member States’ assistance efforts and encourage co-ordination and co-operation with the IFI’s, UN and other donors.

6. Neither the above arrangement, nor the possible double-hatting of the new High Representative in Sarajevo as an EUSR, would affect the continued responsibility, as set out in the Treaty, and emphasised in recent reports by the Court of Auditors, of the Commission for CARDS/First Pillar activities, which would not be subject to the chain of command of an ESDP-operation.

1. The costs of the operation are estimated at:

• 14 million euro start-up costs (including equipment) for 2002
• up to 38 million euro yearly running costs for 2003-2005, divided as follows
• up to 17 million for per diem depending on the daily rate set and 1 million for travel costs
• 11 million operational running costs, 4 million for local staff, 5 million for international civilian staff

2. The start-up costs at 14 million euro can be financed within the CFSP-budget 2002, taking into account the 10 million already foreseen and the possibility of redeployment between existing priorities within the CFSP budget 2002.
3. Regarding the yearly running of the operation, the Council agreed that the 17 million euro for per diems and the 1 million euro for travel costs will be financed on a costs lie where they fall basis. The remainder of 20 million euro should be financed through the CFSP-budget. With the present level of funding within the CFSP budget, 10 million euro annually could be assigned for the yearly running costs for the period 2003 – 2005. Therefore an increase in the CFSP-budget for the years 2003-2005 would be needed to cover the foreseen 10 million euro gap. The Commission stated that it will re-examine its budget proposals for 2003 in this light The Presidency will consult the European Parliament on this matter. During the whole budget procedure for 2003 the financing of the EUPM will be one of the Council’s priorities.

4. Should the financing of the CFSP-budget not be sufficient, the Council would decide, in accordance with the provisions of the Treaty, how to cover any remaining gap, which would consist of common costs.

5. The financial arrangements will respect the operational requirements of EUPM, including compatibility of equipment and interoperability of its teams.
6. Establishing the financial arrangements for EUPM the Council notes the financial limits of the CFSP budget.
7. It is understood that the proposed financing arrangement will constitute no precedent for future ESDP-operations.

I. General Considerations

1. Taking into account the valuable contributions other States have made to IPTF, as well as the conclusions of the Nice and Göteborg European Councils, the Council decided that non EU States would be invited to contribute to an EU Police Mission in Bosnia-Herzegovina.
2. The Council decided that, in first instance, non-EU European NATO members and other candidate countries for accession to the EU as well as other non-EU OSCE Member States currently contributing to the IPTF would be invited to make offers of contributions.
3. The decision-making autonomy of the EU and the single institutional framework of the Union will be fully respected.
4. A significant majority of the police officers should be provided by EU member States. This also applies to other international staff. An early decision on the number/percentage of police officers to be provided by EU member States will be taken and third States briefed in order to guide their possible contributions.

   II. Consultations

5. Contacts with the agreed range of third countries would immediately be established in order to inform them and to have a clear picture of their interest and potential contributions.
6. For the non-EU NATO members and other countries which are candidates for accession to the EU, Annex II of Göteborg provides that the EU+15 format could serve “for consultation, in view of possible contributions to a mission, in the period leading up to a decision of the Council to launch a police operation”.
7. Some third States not part of the 15 already make valuable contributions to the IPTF mission. Annex II of Göteborg provides that “in order to facilitate co-operation in this field with a broad range of potential partners, i.a. Russia, Ukraine, other European States with which the Union maintains political dialogue, and other interested States such as Canada, police could be included in the dialogue, co-operation and consultation on ESDP issues with the countries concerned within the framework of existing arrangements”.
8. Building upon arrangements established in Göteborg, consultations would be conducted by PSC with the identified potential contributors. Informal contacts of Presidency/Secretariat with these States, individually or collectively, will take place as necessary, in particular to ensure follow-up of meetings (information, precision on their potential contribution to personnel and financing,…).
9. Potential contributors would be provided with information on the approximate share of the mission staff open to contributions from third States as well as the required profile of this staff. For this purpose, EU member States should, as a matter of highest priority, decide on the size and character of the contributions they are ready to make to the Police Mission. This would require as a first step that the profiles of the staff required be established urgently by the Head of the planning team. When there are firm indications on what contributions EU member States would make to the mission, the Head of the planning team would identify the number and type of personnel expected from third States, and inform them accordingly. At this stage of the process there might be a need for intensification of contacts in the appropriate format, in particular at expert level, with third States.
10. The contributions offered by third States would be assessed on the basis of requirements set by the EU for this specific mission. Contributions offered by third States would have to fit those criteria. Subsequently, the EU would decide to accept the offers considered appropriate.
11. Future contributors from third States would be invited, as appropriate, to briefings at expert level (in Brussels or on the ground, depending on the actual location of the planning team) in order to inform them of how the preparation is proceeding and to allow them to adequately prepare their respective national contributions to the EU Police Mission. As needed, the Head of the planning team would participate in those meetings.

    III. Operational Phase

12. According to annex II of Göteborg,”Third States, which are making significant contributions to the EU mission, will have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation”.
13. Micro-management of the EU Police Mission from Brussels should be avoided. In view of this, involvement in day-to-day management of the operation of third States which make significant contributions should take place on the ground, including within the police mission HQ, and taking into account, inter alia, relevant lessons learned from EUMM.
14. When the need arises, experts meetings could be held in Brussels. During the course of the operation the PSC may conduct consultations with representatives of third States which make contributions to the mission.
15. The decision by the EU to end the operation will be made following consultation with the contributing States.”

• 19 February 2002: Montenegro – Council conclusions

“The Council welcomed and strongly supported the efforts of the High Representative in facilitating the dialogue between Belgrade and Podgorica on future constitutional arrangements. It called upon all parties to cooperate closely with the High Representative and to seize without delay the opportunity offered to bring the dialogue to a successful conclusion. The Council particularly urged a positive response from President Djukanovic to the SG/HR’s demarches.”

• 19 February 2002: Bosnia & Herzegovina

The Council heard a presentation by Mr Wolfgang PETRITSCH, the High Representative of the international community in Bosnia-and-Herzegovina, on developments in the country.

The Council formally implemented the agreement reached in principle at its 28 January session by adopting a joint action extending the mandate of the EU Special Representative in the Former Yugoslav Republic of Macedonia, Alain Le Roy, until 30 June 2002. Mr Le Roy was appointed as EUSR on 29 October 2001 (see Joint action 2001/760/CFSP, OJ L 287 of 31.10.2001, p.1).

• 19 February 2002: European Agency for Reconstruction : EU aid for Kosovo – Council conclusions on the Court of Auditors Report

“The Council examined the Report of the Court of Auditors, which audited the financial accounts of the European Agency for Reconstruction for the financial year ending on 31 December 2001 and assessed the Agency’s efficiency not only at the level of its organisational structure but

also with respect to its operational budget management and its aid programme implementation in Kosovo. The Council also examined the replies of the Agency and of the Commission.

The Council welcomed the fact that the Agency had demonstrated a high level of efficiency in terms of administration and budget management, with significant rates of commitment and payment of appropriations in 2000. The Agency has thus fulfilled the objectives for which it was set up. The subsequent extension of the mandate of the Agency to the FRY and FYROM shows the important role it plays in the reconstruction of the region.

The Council noted that, in Kosovo, the Agency will have to manage the transition from emergency aid, an activity involving rapid disbursement, to help for capacity–building, which is more difficult to implement, while remaining ready to take urgent action should circumstances require. As the emergency phase within Kosovo is coming to an end, the Agency will apply the normal Community rules for all tendering and contracting, including open international tender.

The Council welcomed the measures already taken by the Agency and by the Commission in response to some of the recommendations, such as the introduction of a new computerised budgetary accounts system at the end of 2001 and the initiation of discussions with the United Nations Mission in Kosovo (UNMIK) on sectoral policies. It noted the Commission’s assurance that the Court of Auditors’ recommendations concerning the functioning of the Agency’s Governing Board and its interaction with the CARDS Committee have been broadly covered with the adoption of Council Regulations Nos 2667/2000 and 2666/2000, which helped clarify relations between the two bodies and introduced strategic frameworks for each country, including multiannual programming. These latter measures also respond to the Court’s wish for a policy framework to be defined as well as a medium and long-term strategy.

The Council also pointed out that the Agency’s programmes reflect the EU’s desire to facilitate the implementation of United Nations Security Council Resolution 1244 and the importance it attaches to the principles of the Stabilisation and Association Process.

While acknowledging the particular circumstances in which the Agency has been obliged to operate, the Council stressed the importance of ensuring the sustainability of the investments financed by the EU in Kosovo.

The Council endorsed the other recommendations made by the Court of Auditors, particularly those concerning the need to show in future budgets the estimated annual payment appropriations required for subsequent financial years and to continue to focus the Agency’s human and financial resources on the latest reconstruction priorities. It welcomed the steps already taken by the Agency and the Commission to implement the Court’s other recommendations and urged them to pursue this course of action vigorously.

The Council invited the Commission to report to it before the end of 2002 on further action taken on the Court of Auditors’ Report. “

28 January 2002: Western Balkans – Council conclusions

“FRY – Serbia/Montenegro

The Council welcomed, and fully supported, efforts undertaken by HR Solana in order to facilitate dialogue between Belgrade and Podgorica on the constitutional future of the Federal Republic of Yugoslavia. Referring to its 10 December 2001 conclusions, it reminded Belgrade and Podgorica that staying together in a functioning federal state is the best and fastest way for them to participate in European integration. The Council strongly cautioned against any unilateral move, particularly one which might hinder the ongoing process of dialogue.

FRY – Kosovo

The Council expressed its concern at the continuing failure of the Assembly to elect a President, and the consequent delay in the establishment of the provisional institutions of self-government and in the transfer of authority from UNMIK to those institutions, as provided for by UN Security Council Resolution 1244. The Council calls on the elected representatives to demonstrate responsibility and leadership so that the provisional institutions of self-government, for the benefit of the entire population, can fully assure the functions set up by the constitutional framework. The Council condemns the assassination of an elected representative of the Kosovo Assembly and expresses the wish that the perpetrators will be arrested and brought to justice.

The Council welcomed the appointment by the UN Secretary General, as his Special Representative for Kosovo, of Mr Michael Steiner who will enjoy full support by the EU in the discharge of his duties. The Council warmly expressed its high appreciation for the efforts and the accomplishments of former UNSGSR, Mr Hans Haekkerup, notably in the establishment of the constitutional framework for provisional self-government and the preparations for elections.

Albania

The Council stressed the Union’s willingness to start as soon as possible negotiations for a Stabilisation and Association Agreement with Albania. In this spirit, it recognised the efforts undertaken by the Albanian government to move forward in this direction. The Council nonetheless noted that attention has been diverted from vital reforms, which are essential for Stabilisation and Association Agreement negotiations. It encouraged all political forces in Albania to unify their efforts in order to accelerate the implementation of such reforms.

Former Yugoslav Republic of Macedonia (FYROM)

The Council welcomed the adoption of the Local Self-Government Law as a critical step in the process of implementation of the Framework Agreement. This opens the way to the holding, on 12 March 2002, of the Donor’s meeting which will be co-hosted by the Commission and the World Bank.

The Council further underlined the need for full commitment by all political parties to the thorough and rapid implementation of the Framework Agreement. It urged all communities in FYROM to continue to work for peace and abstain from any provocation which might endanger the stability of the country. It also urged for the early adoption of the law on amnesty. It expressed its growing concern over recent intimidation of independent media and human rights defenders.

The Council, commending the work already undertaken by Mr A Le Roy under the authority of SG/HR, considered that an extension of the mandate of the Special Representative would be necessary and asked the competent bodies to prepare the relevant legal instruments to the effect.

Relations Belgrade-Zagreb Sarajevo

The Council welcomed signs of steady improvement in relations between Belgrade and Zagreb, marked by the signing of several bilateral agreements. The EU strongly encourages the two countries to continue this rapprochement. The Council also noted the improvement of relations between the Federal Republic of Yugoslavia and Bosnia and Herzegovina at the State level. It recalled the importance of further progress and emphasised that this is the most appropriate level of interaction for both States. Relations between FRY and Republika Srpska should take account of this in full respect of the Dayton agreement. In that context, the Council urged Belgrade, Zagreb and Sarajevo to work with increased resolve on all matters related to the return of refugees and displaced persons.

Croatia

Following assent by the European Parliament, the Council took the decision to conclude the Interim Agreement with Croatia, which represents an important step for this country in the Stabilisation and Association Process.”

• 28 January 2002: International Police Task Force (IPTF) Follow-on – Council conclusions

“Recalling its conclusions of 10 December 2001 and the European Council Declaration on the operational capability of the European Security and Defence Policy (ESDP), the Council noted the progress made in considering an EU follow-on mission to the United Nations International Police Task Force in Bosnia and Herzegovina (IPTF), whose mission is expected to be completed by 31 December 2002.

An EU police mission would contribute to the overall peace implementation in Bosnia and Herzegovina, which is under the authority of the High Representative in Bosnia and Herzegovina and the Peace Implementation Council, and would also help the achievement of the objectives of EU’s overall policy in the region, notably the Stabilisation and Association Process.

Its aim would be to consolidate the achievements of the IPTF and the international community’s work to establish sustainable policing arrangements under Bosnian ownership in accordance with best European and international practice. This would be achieved in particular through monitoring, mentoring and inspecting at the appropriate level, as well as through training and technical support. These efforts must be part of a broader rule of law approach and ongoing work on streamlining the international community’s presence in Bosnia and Herzegovina. The Council stressed the importance of Community support to rule of law activities as part of the effort and welcomed the readiness of the Commission to contribute to the success of the proposed mission, including through work under the CARDS programme.

A stable and secure situation in Bosnia-and Herzegovina, underpinned by a continued presence of SFOR, is an essential element for the success of such a mission. Therefore close consultation at an early stage between the EU and NATO/SFOR is imperative.

The structure of an EU police follow-on mission would have to include a unified EU chain of command, as a crisis management operation, with a Police Commissioner under the Secretary-General/High Representative, and with the Political and Security Committee providing the political control and strategic direction. The mandate of the High Representative in Bosnia and Herzegovina, including his co-ordinating role with regard to the activities of all civilian organisations and agencies as set out in the Dayton Peace Agreement and subsequent Peace Implementation Council decisions, would be fully respected. Close contacts between the Secretary-General/High Representative and the Commission would be maintained throughout the process in order to ensure close co-ordination of all EU activities in Bosnia and Herzegovina.

Taking into account the valuable contributions other States have made to IPTF, the Council stated its readiness to consider positively the contribution of third States in accordance with the conclusions of the Nice and Göteborg European Councils. Furthermore, the EU will consult and co-ordinate with international organisations with related activities in this field. The Council noted the Ministerial Troika meeting between the EU and the OSCE on 29 January 2002, which will also consider the issue of the follow-on mission to the IPTF.

The planning of an EU follow-on mission should continue to be done in close co-ordination with the UN in order to ensure a smooth transition from the IPTF to its successor.

The Council invited its competent bodies to continue the examination of outstanding issues, in particular financing arrangements, in order to allow it to take a decision at its 18 February 2002 meeting.”

• 28 January 2002: Croatia – Interim Agreement

The Council adopted a decision on the conclusion of the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Croatia. The Interim Agreement, which enables the trade provisions of the Stabilisation and Association Agreement to be applied pending the latter’s entry into force, was signed on 29 October 2001.
(doc. 11941/01)