Council Decision 2009/906/CFSP of 8 December 2009 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

• Published date: 09 December 2009
• Official Gazette Publication: Official Journal of the European Union, L 322, 09 December 2009

2009D0906 — EN — 06.12.2010 — 001.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B COUNCIL DECISION 2009/906/CFSP of 8 December 2009 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (OJ L 322, 9.12.2009, p.22)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL DECISION 2010/755/CFSP of 6 December 2010	L 320	10	7.12.2010

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▼B

COUNCIL DECISION 2009/906/CFSP

of 8 December 2009

on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular, Article 28 and Article 43(2) thereof,

Whereas:

(1) On 19 November 2007 the Council adopted Joint Action 2007/749/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) ( 1 ). That Joint Action expires on 31 December 2009.

(2) The command and control structure of EUPM should be without prejudice to the contractual responsibilities of the Head of Mission towards the Commission for implementing the budget of EUPM.

(3) The watch-keeping capability should be activated for EUPM.

(4) EUPM 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 on European Union,

HAS ADOPTED THIS DECISION:

Article 1

Mission

1. The European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH), established by Joint Action 2002/210/CFSP ( 2 ), shall be continued from 1 January 2010.

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

Article 2

Mission statement

As part of the broader rule of law approach in BiH and in the region, EUPM, while retaining residual capacities in the fields of police reform and accountability, shall primarily support BiH relevant Law Enforcement Agencies in the fight against organised crime and corruption, notably focusing on State level Law Enforcement Agencies, on enhancement of the interaction between police and prosecutor and on regional and international cooperation.

EUPM shall provide operational advice to the European Union Special Representative (EUSR) to support him in his role. Through its work and its network within the country, EUPM shall contribute to overall efforts to ensure that the EU is fully informed of developments in BiH.

EUPM shall operate in line with the general objectives of Annex 11 of the General Framework Agreement for Peace in Bosnia and Herzegovina and its objective shall be supported by the European Community instruments.

Article 3

Mission key tasks

In order to achieve the Mission, the key tasks of EUPM shall be to:

1. strengthen the operational capacity and joint capability of Law Enforcement Agencies engaged in the fight against organised crime and corruption;

2. assist and support in the planning and conduct of investigations in the fight against organised crime and corruption in a systematic approach;

3. assist and promote development of criminal investigative capacities of BiH;

4. enhance police-prosecution cooperation;

5. strengthen police-penitentiary system cooperation;

6. contribute to ensure a suitable level of accountability.

Article 4

Structure of the Mission

1. EUPM shall be structured as follows:

(a) main headquarters in Sarajevo, composed of the Head of the Mission and staff as defined in the Operation Plan (OPLAN);

(b) four Regional Offices in Sarajevo, Banja Luka, Mostar and Tuzla;

(c) co-locations within the relevant Law Enforcement Agencies engaged in the fight against organised crime and corruption at senior management level and on other key level as deemed required (State Investigation and Protection Agency, Border Police, Indirect Taxation Authority, Directorate for Police Coordination, State Prosecutors’ Office etc.).

2. These elements shall be subject to further detailed arrangements in the OPLAN. The Council shall approve the Concept of Operations (CONOPS) and the OPLAN.

Article 5

Civilian Operation Commander

1. The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUPM.

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 EUPM 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 EU 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 EU’s duty of care is properly discharged.

6. The Civilian...