1.   The European Union (EU) hereby establishes an EU Mission in support of security sector reform in the Republic of Guinea-Bissau, hereinafter referred to as ‘EU SSR GUINEA-BISSAU’, or the ‘Mission’), comprising a preparatory phase beginning on 26 February 2008 and with an implementation phase beginning no later than 1 May 2008. The duration of the Mission will be up to 12 months from the declaration of initial operational capability.

2.   EU SSR GUINEA-BISSAU shall operate in accordance with the mission statement as set out in Article 2.

1.   EU SSR GUINEA-BISSAU shall provide local authorities with advice and assistance on SSR in the Republic of Guinea-Bissau, in order to contribute to creating the conditions for implementation of the National SSR Strategy, in close cooperation with other EU, international and bilateral actors, and with a view to facilitating subsequent donor engagement.

2.   The particular objectives of the mission are:

1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EU SSR GUINEA-BISSAU.

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 (SG/HR), shall exercise command and control of EU SSR GUINEA-BISSAU 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 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 seconding State or EU institution. 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 the overall responsibility for ensuring that the EU's duty of care is properly discharged.

1.   The Head of Mission shall assume responsibility and exercise command and control of the mission at theatre level.

2.   The Head of Mission shall exercise OPCON over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information put at the disposal of the Mission.

3.   The Head of Mission shall issue instructions to all mission staff, for the effective conduct of EU SSR GUINEA-BISSAU in theatre, assuming its coordination and day-to-day management, following the instructions at strategic level of the Civilian Operation Commander.

4.   The Head of Mission shall be responsible for the implementation of the Mission's budget. For this purpose, the Head of Mission shall sign a contract with the Commission.

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

6.   The Head of Mission shall represent EU SSR GUINEA-BISSAU in the operations area and shall ensure appropriate visibility of the Mission.

7.   The Head of Mission, assisted by the General Secretariat of the Council, shall draw up the Operational Plan (OPLAN) for the Mission for approval by the Council.

1.   EU SSR GUINEA-BISSAU shall consist primarily of staff seconded by Member States or the EU institutions. Each Member State or EU institution shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances, other than applicable per diems as well as hardship and risk allowances.

2.   International civilian staff and local staff shall be recruited on a contractual basis by the Mission if the functions required are not provided by Member States.

3.   All staff shall abide by the Mission-specific minimum security operating standards and the Mission Security Plan supporting the EU Field Security Policy. As regards the protection of EU Classified Information with which staff are entrusted in the course of their duties, 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) (hereinafter referred to as the ‘Council's security regulations’).

1.   EU SSR GUINEA-BISSAU 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 SSR GUINEA-BISSAU.

3.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the SG/HR, shall be the commander of EU SSR GUINEA-BISSAU at strategic level and, as such, shall issue the Head of Mission with instructions and provide him with advice and technical support. The EU Military Staff Civ-Mil Cell shall be involved in all aspects within its Terms of Reference.

4.   The Civilian Operation Commander shall report to the Council through the SG/HR.

5.   The Head of Mission shall exercise command and control of EU SSR GUINEA-BISSAU at theatre level and shall be directly responsible to the Civilian Operation Commander.

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 in accordance with Article 25 of the Treaty.

This authorisation shall include the powers to appoint a Head of Mission, upon proposal of the SG/HR, and to amend the Concept of operations (CONOPS) and the OPLAN. 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.

1.   The financial reference amount to cover expenditure relating to the Mission shall be EUR 5 650 000.

2.   All expenditure shall be managed in accordance with the Community rules and procedures applicable to the budget, with the exception that any pre-financing shall not remain the property of the Community. Nationals of third States shall be allowed to tender for contracts.

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

4.   The financial arrangements shall respect the operational requirements of the Mission, including compatibility of equipment.

5.   The expenditure connected with the Mission shall be eligible as from the entry into force of this Joint Action.

1.   Without prejudice to the decision-making autonomy of the EU and its single institutional framework, third States may be invited to contribute to the Mission, provided that they bear the cost of the staff seconded by them, including salaries, all risks insurance cover, daily allowances and travel expenses to and from the Republic of Guinea-Bissau, and that they contribute to the running costs of the Mission, as appropriate.

2.   Third States contributing to the Mission shall have the same rights and obligations in terms of day-to-day management of the Mission as Member States.

3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the contributions proposed and to establish a Committee of Contributors.

4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with the procedure laid down in Article 24 of the Treaty. The SG/HR, who shall assist the Presidency, may negotiate such arrangements on the latter's behalf. Where the EU and a third State have concluded an agreement establishing a framework for the third State's participation in EU crisis-management operations, the provisions of that agreement shall apply in the context of the Mission.

1.   The Council and the Commission shall each, in accordance with their respective powers, ensure that this Joint Action is consistent with the Community's external activities, in accordance with the second subparagraph of Article 3 of the Treaty. The Council and the Commission shall cooperate to this end. Arrangements for the coordination of the EU's activities in the Republic of Guinea-Bissau shall be established in Bissau as well as in Brussels.

2.   Without prejudice to the chain of command, the Head of Mission shall also act in close coordination with the Commission delegation to ensure the coherence of EU action in support to SSR in Guinea-Bissau.

3.   The Head of Mission shall coordinate closely with the local EU Presidency and other EU Heads of Missions in particular as regards EU participation in the Steering Committee for the implementation of the National Security Strategy.

4.   The Head of Mission shall cooperate with the other international actors present in the country, in particular the United Nations, ECOWAS and with the International Contact Group on Guinea-Bissau.

1.   The SG/HR shall be authorised to release to third States associated with this Joint Action EU classified information and documents up to the level ‘RESTREINT UE’ which are generated for the purposes of the operation, in accordance with the Council's security regulations.

2.   The SG/HR shall be authorised to release to the United Nations and ECOWAS, in accordance with the operational needs of the operation, EU classified information and documents up to the level ‘RESTREINT UE’ which are generated for the purposes of the operation, in accordance with the Council's security regulations. Local arrangements shall be drawn up for this purpose.

3.   In the event of a specific and immediate operational need, the SG/HR shall also be authorised to release to the host State EU classified information and documents up to the level ‘RESTREINT UE’ which are generated for the purposes of the operation, in accordance with the Council's security regulations. In all other cases, such information and documents shall be released to the host State in accordance with procedures appropriate to the host State's level of cooperation with the EU.

4.   The SG/HR shall be authorised to release to third States associated with this Joint Action EU non-classified documents relating to the deliberations of the Council with regard to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (2).

1.   The status of EU SSR GUINEA-BISSAU and its staff, including where appropriate the privileges, immunities and any further guarantees necessary for the completion and smooth functioning of the Mission, shall be agreed in accordance with the procedure laid down in Article 24 of the Treaty. The SG/HR, who shall assist the Presidency, may negotiate such arrangements on its behalf.

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

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 SSR GUINEA-BISSAU in accordance with Articles 4 and 7, in coordination with the Security Office of the General Secretariat of the Council.

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 EU on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty on EU and its supporting documents.

3.   The Head of Mission shall be assisted by a Mission Security Officer (MSO), who shall report to Head of Mission and also maintain a close functional relationship with the Council Security Office.

4.   EU SSR GUINEA-BISSAU staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the MSO.

5.   The Head of Mission shall ensure the protection of EU Classified Information in accordance with the Council's Security Regulations.

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

2.   The Decisions of the PSC pursuant to Article 8(1), regarding the appointment of the Head of Mission, shall also be published in the Official Journal of the European Union.