Council Joint Action 2007/807/CFSP of 6 December 2007 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
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Article 4a Civilian Operation Commander
1 The Civilian Planning and Conduct Capability Director shall be the Civilian Operation Commander for EU BAM Rafah.
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 Secretary-General/High Representative, shall exercise command and control of EU BAM Rafah 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.
4 All seconded staff shall remain under the full command of the national authorities of the sending State or EU institution. National authorities shall transfer Operational Control 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 Operation Commander and the EU Special Representative shall consult each other as required.’.
Article 9 Chain of Command
1 EU BAM Rafah 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 EU BAM Rafah.
3 The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the Secretary-General/High Representative, is the commander of EU BAM Rafah at strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.
4 The Civilian Operation Commander shall report to the Council through the Secretary-General/High Representative.
5 The Head of Mission shall exercise command and control of EU BAM Rafah 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, political control and strategic direction of the mission. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with Article 25 of the Treaty. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal from the Secretary-General/High Representative, and to amend the OPLAN. It shall also include powers to take subsequent decisions regarding the appointment of the Head of Mission. 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 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 EU BAM Rafah in accordance with Articles 4a and 9, in coordination with the Security Office of the General Secretariat of the Council (GSC Security Office).
2 The Head of Mission shall be responsible for the security of the operation and for ensuring compliance with minimum security requirements applicable to the operation, in line with the policy of the European Union on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty and its supporting documents.
3 The Head of Mission shall be assisted by a Chief Security Officer (CSO), who will report to the Head of Mission and also maintain a close functional relationship with the GSC Security Office.
4 EU BAM Rafah staff shall undergo mandatory security training before their entry into function, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the CSO.’.
Article 15a Watch-Keeping
The Watch-Keeping Capability shall be activated for EU BAM Rafah.’.
Article 2
This Joint Action shall enter into force on the day of its adoption.
Article 3
This Joint Action shall be published in the Official Journal of the European Union.
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