X1Council Decision (CFSP) 2017/971

of 8 June 2017

determining the planning and conduct arrangements for EU non-executive military CSDP missions and amending Decisions 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces, 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian armed forces (EUTM Mali) and (CFSP) 2016/610 on a European Union CSDP military training mission in the Central African Republic (EUTM RCA)

THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty on European Union, in particular Articles 42(4) and 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

The Council has determined that it is necessary to strengthen the planning and conduct of EU non-executive military missions.

(2)

In its conclusions of 6 March 2017, the Council agreed to establish, as a short term objective, a Military Planning and Conduct Capability (MPCC) within the EU Military Staff (EUMS) in Brussels, which will be responsible at the strategic level for the operational planning and conduct of non-executive military missions, working under the political control and strategic direction of the Political and Security Committee (PSC).

(3)

The newly created MPCC will work in parallel and in a coordinated way with the Civilian Planning and Conduct Capability, notably through a Joint Support Coordination Cell.

(4)

In its conclusions of 6 March 2017, the Council decided that the Director General of the EUMS will be the Director of the MPCC and, in that capacity, will assume the functions of missions' commander for non-executive military missions, including the three EU training missions (EUTMs) deployed in Somalia, Mali and the Central African Republic, in line with the Terms of Reference for the Director of the MPCC.

(5)

In its conclusions of 6 March 2017, the Council also agreed to proposals on strategic foresight and oversight through which the Council, the High Representative of the Union for Foreign Affairs and Security Policy (HR) and the PSC can be effectively supported, in the exercise of their respective responsibilities in relation to non-executive military missions, by the relevant European External Action Service (EEAS) crisis management structures, including through systematic interaction and coordination between the missions' commander and those structures at the strategic political level, without prejudice to the chain of command.

(6)
On 8 June 2017, the Council approved the consolidated Terms of Reference of the EUMS, including the MPCC. Those Terms of Reference respect the specificities of the EUMS and the particularities of its functions, in accordance with point (a) of Article 4(3) of Council Decision 2010/427/EU1 establishing the organisation and functioning of the EEAS, as adapted to the new command and control arrangements approved by the Council, and replace the Terms of Reference of the EUMS annexed to Council Decision 2001/80/CFSP2 on the establishment of the military staff of the European Union, which are no longer applicable. The MPCC will therefore perform the tasks assigned to it in the new consolidated Terms of Reference.
(7)

The necessary preparations have been made for the MPCC to assume its responsibilities, particularly in relation to the EUTMs deployed in Somalia, Mali and in the Central African Republic.

(8)

The Council should accordingly lay down the planning and conduct arrangements for non-executive military missions and amend the chain of command of those three missions.

(9)
The Director of the MPCC should exercise the responsibilities of the operation commander under Council Decision (CFSP) 2015/5283 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena).
(10)

Mission Force Commanders of the EUTMs should, whenever applicable, be associated to the recommendations of the missions' commander to the PSC in relation to third-state participation.

(11)

Without prejudice to the chain of command, the EU Mission Force Commanders should receive local political guidance from the EU Special Representatives, where applicable, and relevant Union delegations in the region.

(12)

In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision,

HAS ADOPTED THIS DECISION: