Council Joint Action 2004/494/CFSP of 17 May 2004 on European Union support to the establishment of the Integrated Police Unit in the Democratic Republic of the Congo (DRC)

1 The European Union shall support the process of the consolidation of internal security in the DRC, which is an essential factor for the peace process and the development of the country, through assistance to the setting up of an Integrated Police Unit (IPU) in Kinshasa.

2 To that end, and in addition to the EDF funded activities, the European Union and its Member States will contribute with funds and/or contributions in kind to provide the government of the DRC with the law enforcement equipment, arms and ammunition as set out in Annex I, including transport costs to Kinshasa where relevant, identified as necessary for the establishment of the IPU.

1 For the purpose mentioned in Article 1, and subject to certain conditions, notably that solid guarantees are put in place for auditing, accountability and traceability of the law enforcement equipment, arms and ammunition: (a) Member States have agreed to provide contributions; (b) the European Union shall provide financial assistance to the DRC government in addition to the contributions provided by the Member States, which will take the form of a grant.

2 The maximum degree of consistency possible shall be sought with regard to the conditions applied to the contributions and assistance provided for in paragraph 1.

1 A Memorandum of Understanding shall be prepared by the Commission's technical assistance team in Kinshasa, in close consultation with contributing Member States, regarding the conditions for the use of the contributions referred to in Article 2(1)(a). It will be signed by the government of the DRC, on the one hand, and by the Presidency, on the other hand.

2 The Memorandum of Understanding will in particular stipulate: conditions for auditing, accountability and traceability, including safe storage, of Member State contributions as set out in Annex II, which will be no less stringent than those applicable to the financing agreement referred to in Article 5(2); that conditions for operating and managing these funds, including procurement, shall as far as possible be the same as for the grant referred in Article 5(2); that all financial contributions shall be made directly to the DRC Ministry of the Interior, to the same bank account into which the financial assistance by the EU is transmitted to the DRC government. A triple signatory arrangement would apply (government of the DRC, Technical Assistant/police head of project and the acting EU Presidency). Purchases made with these funds would formally be purchases made by the government of the DRC; that all in kind contributions by the Member States shall be provided to, and become the property of, the DRC government and shall be used solely for the purposes stated in Article 1; that the Technical Assistant/police head of project will assist Member States that have agreed to make contributions in kind by providing all practical information necessary to smoothly channel those contributions to the DRC Ministry of the Interior; that a local Steering Committee, comprised of the Technical Assistant/police head of project, representatives of the Presidency, contributing Member States, the Commission, DRC Ministry of the Interior and MONUC, shall be set up to ensure overall follow-up. It shall in particular supervise compliance with the provisions of the Memorandum of Understanding. The DRC Ministry of Interior shall remain responsible for project implementation.

The Technical Assistant/police head of project, appointed by the Commission on the basis of a proposal made by the Member States, shall closely monitor the use made by the DRC government of the contributions to which Article 2(1)(a) refers. He/she shall in particular, in close coordination with the DRC authorities, ensure compliance with the conditions set out in the Memorandum of Understanding, including those on auditing, accountability and traceability. The Technical Assistant/police head of project shall make regular reports to the acting Presidency and the Steering Committee referred to in Article 3(2).

1 The financial reference amount for the financial assistance referred to in Article 2(1)(b) shall be EUR 585000.

2 The Commission shall be entrusted with the implementation of the grant referred to in Article 2(1)(b). To that end, it shall conclude a financing agreement with the government of the DRC.

3 The management of the expenditure financed by the amount specified in paragraph 1 shall be subject to the Community procedures and rules applicable to the general budget of the European Union, with the exception that any pre-financing shall not remain the property of the Community. Nationals of third States shall be allowed to tender contracts.

The Presidency and the Commission will report regularly to the Council through the latter's relevant bodies, in particular the Political and Security Committee, on the implementation of this Joint Action, and especially on the activities of the steering committee. In the political implementation of this Joint Action, the acting Presidency in Kinshasa will be closely supported by the Commission. The EU Special Representative will be informed regarding developments of this project.

This Joint Action shall enter into force on the date of its adoption. It shall be reviewed at the end of the EDF project or at any other moment as appropriate.

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