1.   The European Union hereby establishes the European Union Police Mission for the Palestinian Territories, hereinafter referred to as the European Union Coordinating Office for Palestinian Police Support (EUPOL COPPS), with an operational phase beginning no later than on 1 January 2006.

2.   EUPOL COPPS shall operate in accordance with the mission statement as set out in Article 2.

1.   The aim of EUPOL COPPS is to contribute to the establishment of sustainable and effective policing arrangements under Palestinian ownership in accordance with best international standards, in cooperation with the Community’s institution building programmes as well as other international efforts in the wider context of Security Sector including Criminal Justice Reform.

To this end EUPOL COPPS shall:

1.   The Head of Mission/Police Commissioner shall exercise Operational Control (OPCON) over EUPOL COPPS and assume the day-to-day management of EUPOL COPPS and coordination of EUPOL COPPS activities including the management of security of EUPOL COPPS staff, resources and information.

2.   The Head of Mission/Police Commissioner shall be responsible for disciplinary control over the EUPOL COPPS staff. For seconded staff, disciplinary action shall be exercised by the national or EU authority concerned.

3.   The Head of Mission/Police Commissioner shall sign a contract with the Commission.

1.   During the planning phase of the mission, a planning team shall be established and shall comprise the Head of Mission/Police Commissioner, who shall lead the planning team, and the necessary staff 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 EUPOL COPPS staff shall be consistent with the mission statement set out in Article 2 and the structure set out in Article 5.

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

3.   International staff and local staff shall be recruited on a contractual basis by EUPOL COPPS as required.

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

5.   All staff 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 staff 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 (1).

1.   Where required, the status of EUPOL COPPS staff, including, where appropriate, the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUPOL COPPS 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. 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/Police Commissioner and the staff member.

1.   EUPOL COPPS 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/Police Commissioner through the EU Special Representative.

4.   The Head of Mission/Police Commissioner shall lead EUPOL COPPS and assume its day-to-day management.

5.   The Head of Mission/Police Commissioner 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 powers to appoint a Head of Mission/Police Commissioner, upon a proposal by the Secretary-General/High Representative, and to amend the OPLAN and the chain of command. 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/Police Commissioner regarding contributions to and the conduct of the mission, at regular intervals. The PSC may invite the Head of Mission/Police Commissioner 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 EUPOL COPPS 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 EUPOL COPPS, as appropriate.

2.   Third States making contributions to EUPOL COPPS 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 on acceptance of the 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 EUPOL COPPS.

1.   The Head of Mission/Police Commissioner shall be responsible for the security of EUPOL COPPS 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.   EUPOL COPPS shall have a dedicated mission Security Officer reporting to the Head of Mission/Police Commissioner.

3.   The Head of Mission/Police Commissioner shall consult with the PSC on security issues affecting the deployment of EUPOL COPPS as directed by the Secretary-General/High Representative.

4.   EUPOL COPPS staff members shall undergo mandatory security training organised by the Security Office of the General Secretariat of the Council 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 2,5 million for 2005 and EUR 3,6 million for 2006.

2.   The final budget of EUPOL COPPS for the years 2006, 2007 and 2008 shall be decided by the Council on an annual basis.

3.   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 participating financially in the mission, of host parties and, if required for the operational needs of the mission, of neighbouring countries shall be allowed to tender for contracts.

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

5.   The financial arrangements shall respect the operational requirements of EUPOL COPPS, including compatibility of equipment and interoperability of its teams.

6.   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 (2).