1.   The European Union is conducting a mission to provide advice and assistance for security sector reform (SSR) in the Democratic Republic of the Congo (DRC), called EUPOL RD Congo, with the aim of contributing to Congolese efforts to reform and restructure the National Congolese Police (PNC) and its interaction with the judicial system. The mission must provide advice and assistance directly to the responsible Congolese authorities and through the police reform monitoring committee (CSRP) and the joint committee on justice, while taking care to promote policies compatible with human rights and international humanitarian law, democratic standards and the principles of good governance, transparency and respect for the rule of law.

2.   The mission shall operate in accordance with the provisions contained in the mission statement set out in Article 2.

1.   The mission will support SSR in the field of policing and its interface with the justice system. By means of monitoring, mentoring and advisory action with emphasis on the strategic dimension, EUPOL RD Congo shall:

2.   EUPOL RD Congo shall be a mission without executive powers. It shall accomplish its tasks through, inter alia, mentoring, monitoring and advisory duties.

3.   The mission shall advise the Member States and third States and shall coordinate and facilitate, under their responsibility, the implementation of their projects in fields which are of interest to the mission and in furtherance of its objectives.

1.   The mission shall have headquarters (HQ) in Kinshasa consisting of:

2.   The operational breakdown of tasks will be as follows:

3.   The deployment zone shall be Kinshasa. Given the geographical implications of the mission throughout the territory of the DRC, as a result of the mission statement, movement of experts and their presence in the provinces could prove necessary, on the instructions of the Head of Mission or of any person so authorised by the Head of Mission and taking due account of the security situation.

1.   Superintendent Adílio Ruivo Custódio shall be appointed Head of Mission.

2.   The Head of Mission shall exercise operational control over and assume day-to-day management of the EUPOL RD mission.

3.   The national authorities shall delegate operational control to the Head of Mission of EUPOL RD Congo.

4.   The Head of Mission shall be responsible for disciplinary control of the staff. In the case of seconded staff, any disciplinary action shall be taken by the national or European authority concerned.

5.   In order to execute the budget for the mission, the Head of Mission shall sign a contract with the Commission.

6.   The Head of Mission shall collaborate closely with the EUSR.

7.   The Head of Mission shall ensure that EUPOL RD Congo closely coordinates its action with the Government of the DRC, the United Nations, via the MONUC mission, and the third States involved in the SSR field (aspects of the police/justice interface).

8.   The Head of Mission shall ensure that the mission has a sufficiently high profile.

1.   Mission experts shall be seconded by Member States and by the EU institutions. Each Member State or institution shall bear the costs relating to the seconded experts, including travel expenses to and from the DRC, salaries, medical coverage and allowances, other than per diems and allowances linked to risks and living conditions.

2.   International civilian staff and local staff shall be recruited on a contractual basis by the mission as required.

3.   Mission experts shall remain under the authority of their Member State or the appropriate EU institution, and shall fulfil their duties and act in the interest of the mission. Both during and after the mission, mission experts shall exercise the greatest discretion with regard to all facts and information relating to the mission.

1.   The mission, as a crisis-management operation, shall have a unified chain of command.

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

3.   The SG/HR shall give guidance to the Head of Mission through the EUSR.

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

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

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

1.   Under the responsibility of the Council, the PSC shall exercise the political control and strategic direction of the mission. The Council 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 Operational Plan (OPLAN). It shall also include powers to take decisions regarding the appointment of the Head of Mission. The power of decision with respect to the objectives and termination of the mission shall remain vested in the Council, assisted by the SG/HR.

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

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

1.   The financial reference amount to cover expenditure relating to the mission shall be EUR 5 500 000.

2.   As regards expenditure financed out of the amount stipulated in paragraph 1, the following shall apply:

3.   The financial arrangements shall respect the operational requirements of the mission, including compatibility of equipment.

4.   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 subsistence allowances and travel expenses to and from the DRC, 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 project as EU 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 Secretary General/High Representative, 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 paragraph of Article 3 of the Treaty. The Council and the Commission shall cooperate to this end. Arrangements for coordinating EU activities in the DRC shall be put in place in Kinshasa, as well as in Brussels.

2.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Commission delegation.

3.   Without prejudice to the chain of command, the Head of Mission EUSEC RD Congo and the Head of Mission EUPOL RD Congo shall closely coordinate their actions and shall seek synergies between the two missions, particularly as regards the horizontal aspects of security-sector reform in the DRC.

4.   In accordance with his mandate, the EUSR shall ensure consistency between the actions undertaken by the EUPOL RD Congo mission and the EUSEC RD Congo mission. He shall contribute to coordination with the other international players involved in security-sector reform in the DRC.

5.   The Head of Mission shall cooperate with the other international players present, in particular MONUC and the third States involved in the DRC.

1.   The Secretary-General/High Representative shall be authorised to release to the third States associated with the present Joint Action any European Union classified information and documents up to the ‘EU CONFIDENTIAL’ level which are generated for the purposes of the operation, in accordance with the Council's security regulations (5).

2.   The Secretary-General/High Representative shall also be authorised to release to the United Nations, in accordance with the operational needs of the mission, any European Union information and documents up to the ‘EU RESTRICTED’ level which are generated for the purposes of the operation, in accordance with the Council's security regulations. Local arrangements will be made to that end.

3.   In the case of precise and immediate operational need, the Secretary-General/High Representative shall also be authorised to release to the host State any European Union information and documents up to the ‘EU RESTRICTED’ level 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 will be released to the host State in accordance with the appropriate procedures for cooperation by the host State with the European Union.

4.   The Secretary-General/High Representative shall be authorised to release to the third States associated with the present Joint Action any European Union non-classified documents connected with the deliberations of the Council relating to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (6).

1.   The status of mission 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 on European Union. The SG/HR, who shall assist the Presidency, may negotiate such arrangements on its behalf.

2.   The State or Community institution having seconded a staff member shall be responsible for dealing with any complaints linked to the secondment, from or concerning the staff member. The State or Community institution in question shall be responsible for bringing any action against the person seconded.

1.   The Head of Mission shall be responsible for the security of EUPOL RD Congo.

2.   The Head of Mission shall exercise that responsibility in accordance with EU directives concerning the security of EU staff deployed outside the territory of the EU in an operational mission under Title V of the Treaty and the relevant documents.

3.   Appropriate training in security measures will be carried out for all staff in accordance with the OPLAN. A reminder of the security regulations will be provided regularly by the EUPOL RD Congo officer in charge of security.