1.   The European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH), established by Joint Action 2002/210/CFSP shall be continued from 1 January 2006 in accordance with the following provisions.

2.   The EUPM shall operate in accordance with the objectives and other provisions as contained in the mission statement set out in Article 2.

1.   The EUPM shall in principle be structured as follows:

2.   These elements shall be developed in the CONOPS and the OPLAN. The Council shall approve the CONOPS and the OPLAN.

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

2.   The Head of Mission/Police Commissioner shall be responsible for disciplinary control over the personnel. For seconded personnel, 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.   The numbers and competence of the EUPM staff shall be consistent with the mission statement set out in Article 2 and the structure set out in Article 4.

2.   Police officers shall be seconded by Member States for a minimum period of one year. Each Member State shall bear the costs related to the police officers seconded by it, including salaries, allowances and travel expenses to and from BiH.

3.   The EUPM shall recruit international civilian staff and local staff on a contractual basis as required.

4.   Member States or EU institutions may, if required, also second international civilian staff if required for a minimum period of one year. Each Member State or EU institution shall bear the costs related to any of the staff seconded by it, including salaries, allowances and travel expenses to and from BiH.

5.   All staff shall remain under the authority of the appropriate seconding State or institution and shall carry out their duties and act in the interest of the Mission. 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 (2) (hereinafter referred to as Council's security regulations).

1.   The necessary arrangements shall be made regarding the continuation of the Agreement between the EU and BiH of 4 October 2002 on the activities of the European Union Police Mission in BiH for the duration of the EUPM.

2.   The Member State or EU institution having seconded a staff member shall be responsible for answering any claims linked to the secondment, from or concerning the staff member. 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 contracted staff shall be laid down in the contracts between the Head of Mission/Police Commissioner and the staff member.

1.   The EUPM 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 SG/HR shall give guidance to the Head of Mission/Police Commissioner through the EUSR.

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

5.   The Head of Mission/Police Commissioner shall report to the SG/HR through the EUSR.

6.   The EUSR shall report to the Council through the SG/HR.

1.   The PSC shall exercise, under the responsibility of the Council, the 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/Police Commissioner, upon a proposal by the SG/HR, and to amend the OPLAN and the chain of command. The Council, assisted by the SG/HR, shall decide on the objectives and termination of the Mission.

2.   The PSC shall report to the Council at regular intervals taking into account the EUSR reports.

3.   The PSC shall receive reports by the Police Head of Mission regarding the conduct of the Mission at regular intervals. The PSC may invite the Police Head of Mission to its meetings as appropriate.

1.   Without prejudice to the Union's decision-making autonomy and its single institutional framework, acceding States, non-EU European NATO members and other non-EU OSCE Member States currently providing the EUPM with staff shall be invited, and other third States may be invited to contribute to the EUPM on the basis that they bear the cost of sending the police officers and/or the international civilian staff seconded by them, including salaries, allowances and travel expenses to and from BiH, and contribute to the running costs of the EUPM as appropriate.

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

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 to agreements to be concluded in accordance with procedures laid down in Article 24 of the Treaty.

1.   The financial reference amount intended to cover the expenditure related to the Mission shall be (a) EUR 3 million for 2005, (b) EUR 9 million for 2006.

2.   The final budget for the years 2006 and 2007 shall be decided on an annual basis.

3.   The expenditure financed by the amounts stipulated 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 and of the host country 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 the EUPM.

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

1.   The Head of Mission/Police Commissioner shall be responsible for the security of the EUPM 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 accordance with the Council's security regulations.

2.   The EUPM 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 the Mission as directed by the SG/HR.

4.   EUPM staff members shall undergo mandatory security training organised by the GSC Security Office and medical checks prior to any deployment or travel to the Mission area.

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 Council notes that coordination arrangements already exist in the Mission area as well as in Brussels.

1.   The SG/HR 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 SG/HR 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 SG/HR 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 (3).