Council Joint Action 2005/889/CFSP of 12 December 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

1 A European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) is hereby established, with an operational phase beginning on 25 November 2005.

2 EU BAM Rafah shall operate in accordance with the mission statement as set out in Article 2.

The aim of EU BAM Rafah is to provide a Third Party presence at the Rafah Crossing Point in order to contribute, in cooperation with the Community’s institution-building efforts, to the opening of the Rafah Crossing Point and to build up confidence between the Government of Israel and the Palestinian Authority. To this end, EU BAM Rafah shall: (a) actively monitor, verify and evaluate the Palestinian Authority’s performance with regard to the implementation of the Framework, Security and Customs Agreements concluded between the Parties on the operation of the Rafah terminal; (b) contribute, through mentoring, to building up the Palestinian capacity in all aspects of border management at Rafah; (c) contribute to the liaison between the Palestinian, Israeli and Egyptian authorities in all aspects regarding the management of the Rafah Crossing Point. EU BAM Rafah shall implement the responsibilities entrusted to it in the Agreements between the Government of Israel and the Palestinian Authority regarding the management of the Rafah Crossing Point. It shall not undertake substitution tasks.

The mission will have a duration of 12 months.

EU BAM Rafah shall consist of the following elements: (a) Head of Mission, assisted by an advisory staff; (b) Monitoring and Operations Department; (c) Administration Services Department. These elements shall be developed in the Concept of Operations (CONOPS) and Operation Plan (OPLAN). The Council shall approve the CONOPS and the OPLAN.

1 Major General Pietro Pistolese is hereby appointed Head of Mission of EU BAM Rafah.

2 The Head of Mission shall exercise Operational Control over EU BAM Rafah and assume the day-to-day management of EU BAM Rafah and coordination of EU BAM Rafah activities including the management of security of EU BAM Rafah personnel, resources and information.

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

4 The Head of Mission shall sign a contract with the Commission.

5 The Head of Mission shall ensure appropriate visibility of the EU presence.

1 During the planning phase of the mission, a planning team shall be established and shall comprise the Head of Mission, who shall lead the planning team, and the necessary personnel to deal with functions ensuing from established needs of the mission.

2 A comprehensive risk assessment shall be carried out as a priority in the planning process and shall be updated as necessary.

3 The planning team shall draw up an OPLAN and develop all technical instruments necessary to execute the mission. The OPLAN shall take into account the comprehensive risk assessment and shall include a security plan.

1 The numbers and competence of EU BAM Rafah personnel shall be consistent with the mission statement set out in Article 2 and the structure set out in Article 4.

2 EU BAM Rafah personnel shall be seconded by Member States or EU institutions. Each Member State shall bear the costs related to EU BAM Rafah personnel seconded by it, including salaries, medical coverage, travel expenses to and from the mission area, and allowances other than per diems.

3 International and local staff shall be recruited on a contractual basis by EU BAM Rafah as required.

4 Third States may also, as appropriate, second mission personnel. Each seconding third State shall bear the costs related to any of the personnel seconded by it, including salaries, medical coverage, allowances, high-risk insurance and travel expenses to and from the mission area.

5 All personnel shall remain under the authority of the appropriate sending State or EU institution and shall carry out their duties and act in the interest of the mission. All personnel shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations .

6 EU police officers will wear national uniforms and EU insignia as appropriate and other members of the mission will wear identification as appropriate, subject to the decision by the Head of Mission, taking into account security considerations.

1 Where required, the status of EU BAM Rafah personnel, including, where appropriate, the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EU BAM Rafah shall be subject of an agreement to be concluded in accordance with the procedure laid down in Article 24 of the Treaty. The Secretary-General/High Representative, assisting the Presidency, may negotiate such arrangements on its behalf.

2 Member State or EU institution having seconded a staff member shall be responsible for answering any claims, from or concerning the staff member, linked to the secondment. The Member State or EU institution in question shall be responsible for bringing any action against the secondee.

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 staff member.

1 EU BAM Rafah shall have a unified chain of command, as a crisis management operation.

2 The Political and Security Committee (PSC) shall provide the political control and strategic direction.

3 The Secretary-General/High Representative shall give guidance to the Head of Mission through the EU Special Representative.

4 The Head of Mission shall lead EU BAM Rafah and assume its day-to-day management.

5 The Head of Mission shall report to the Secretary-General/High Representative through the EU Special Representative.

6 The EU Special Representative shall report to the Council through the Secretary-General/High Representative.

1 The PSC shall exercise, under the responsibility of the Council, the political control and strategic direction of the mission.

2 The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 25 of the Treaty. This authorisation shall include the power to amend the OPLAN and the chain of command. It shall also include powers to take subsequent decisions regarding the appointment of the Head of Mission. The Council, assisted by the Secretary-General/High Representative, shall decide on the objectives and termination of the mission.

3 The PSC shall report to the Council at regular intervals.

4 The PSC shall receive reports by the Head of Mission regarding contributions to and the conduct of the mission, at regular intervals. The PSC may invite the Head of Mission to its meetings, as appropriate.

1 Without prejudice to the decision-making autonomy of the EU and its single institutional framework, acceding States shall be invited and third States may be invited to contribute to EU BAM Rafah, provided that they bear the cost of the staff seconded by them, including salaries, medical coverage, allowances, high-risk insurance and travel expenses to and from the mission area, and contribute to the running costs of EU BAM Rafah, as appropriate.

2 Third States making contributions to EU BAM Rafah shall have the same rights and obligations in terms of day-to-day management of the mission as Member States taking part in the mission.

3 The Council hereby authorises the PSC to take the relevant decisions regarding the participation of third States, including their proposed contributions and to establish a Committee of Contributors.

4 Detailed arrangements regarding the participation of third States shall be subject of an agreement to be concluded in accordance with the procedures laid down in Article 24 of the Treaty. The Secretary-General/High Representative, assisting the Presidency, may negotiate such arrangements on its behalf. Where the EU and a third State have concluded an agreement establishing a framework for the participation of this third State in the EU crisis management operations, the provisions of such an agreement shall apply in the context of EU BAM Rafah.

1 The Head of Mission shall be responsible for the security of EU BAM Rafah and shall, in consultation with the Security Office of the General Secretariat of the Council, be responsible for ensuring compliance with minimum security requirements in conformity with the Council’s security regulations.

2 EU BAM Rafah shall have a dedicated mission Chief Security Officer, assisted by a security team, reporting to the Head of Mission.

3 The Head of Mission shall consult with the PSC on security issues affecting the deployment of EU BAM Rafah as directed by the Secretary-General/High Representative.

4 EU BAM Rafah staff members shall undergo mandatory security training and medical checks prior to any deployment or travel to the mission area.

1 The financial reference amount intended to cover the expenditure related to the mission shall be EUR 1696659 for 2005 and EUR 5903341 for 2006.

2 The expenditure financed by the amount referred to in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the EU with the exception that any pre-financing shall not remain the property of the Community. Nationals of third States contributing financially to the mission, host parties and, if required for the operational needs of the mission, of neighbouring countries shall be allowed to tender for contracts.

3 The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract.

4 The financial arrangements shall respect the operational requirements of EU BAM Rafah, including compatibility of equipment and interoperability of its teams.

5 Expenditure shall be eligible as of the date of entry into force of this Joint Action.

1 The Council and the Commission shall, each in accordance with their respective powers, ensure consistency between the implementation of this Joint Action and the external activities of the Community in accordance with the second subparagraph of Article 3 of the Treaty. The Council and the Commission shall cooperate to this end.

2 The necessary coordination arrangements shall be put in place in the mission area, as appropriate, as well as in Brussels.

1 The Secretary-General/High Representative is authorised to release to third States associated with this Joint Action, as appropriate and in accordance with the operational needs of the mission, EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of the mission, in accordance with the Council’s security regulations.

2 In the event of a specific and immediate operational need, the Secretary-General/High Representative is also authorised to release to the local authorities EU classified information and documents up to the level ‘RESTREINT UE’ 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 local authorities in accordance with the procedures appropriate to their level of cooperation with the EU.

3 The Secretary-General/High Representative is authorised to release to third States associated with this Joint Action and to the local authorities EU non-classified documents related to the deliberations of the Council with regard to the mission covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure .

This Joint Action shall enter into force on the date of its adoption. It shall expire on 24 November 2006.

This Joint Action shall be reviewed by 30 September 2006 at the latest.

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