2. On 18 May 2009 the Council approved the Council Joint Action 2009/405/CFSP extending the mandate of EU SSR GUINEA-BISSAU until 30 November 2009.

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1 Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 29 October /09 LIMITE PUBLIC PESC 1414 COSDP 992 COAFR 341 EUSSR G-BISSAU 25 "I/A" ITEM NOTE From : General Secretariat of the Council To : Permanent Representatives Committee / Council Subject : COUNCIL JOINT ACTION 2009/../..CFSP amending Joint Action 2008/112/CFSP on the European Union Mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU) 1. On 12 February 2008 the Council approved the Council Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea- Bissau (EU SSR GUINEA-BISSAU) which was to apply until 31 May On 18 May 2009 the Council approved the Council Joint Action 2009/405/CFSP extending the mandate of EU SSR GUINEA-BISSAU until 30 November On 16 October 2009, the Political and Security Committee endorsed the recommendation to extend EU SSR GUINEA-BISSAU until 31 May On 28 October 2009, the Foreign Relations Counsellors Working party (RELEX) reached agreement on the text of a Council Joint Action amending Joint Action 2008/112/CFSP on the 15077/09 GME/es 1 CPCC LIMITE EN

2 European Union mission in support of security sector reform in the Republic of Guinea- Bissau (EU SSR GUINEA-BISSAU) and on the financial statement related to it, as set out in the Annex to this note. This Council Joint Action shall apply until 31 May In light of the above, the Committee of Permanent Representatives is invited to: - confirm the agreement on the Council Joint Action amending Council Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU) as set out, after finalisation of the text by the legal/linguistic experts, in document ST 14469/09 PESC 1311 COSDP 933 COAFR 321 EUSSR G-BISSAU 24; - recommend that the Council adopt as an "A"-item the Council Joint Action amending Council Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU) as set out, after finalisation of the text by the legal/linguistic experts, in document ST 14469/09 PESC 1311 COSDP 933 COAFR 321 EUSSR G-BISSAU /09 GME/es 2 CPCC LIMITE EN

3 LEGISLATIVE FINANCIAL STATEMENT ANNEX Policy area(s): External Relations Activity(ies): CFSP - Common Foreign and Security Policy Title of action: Council Joint Action 2009/ /CFSP of amending and extending Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea- Bissau. (EU SSR GUINEA-BISSAU) 1. BUDGET LINE(S) + HEADING(S) Police missions 2. OVERALL FIGURES 2.1 Total allocation for action: 1,530,000 for 2009 commitment 2.2 Period of application: The Joint Action shall enter into force on the date of its adoption and shall apply until 31 May It provides financing for an extension of the mandate of EUSSR Guinea-Bissau. The implementation of the action shall begin on the date stipulated in the Agreement between the Commission and Head of Mission/Special Adviser. 2.3 Overall multi-annual estimate on expenditure: Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1) 15077/09 GME/es 3

4 Year 2009 N + 1 million (to 3rd decimal place) 2010 Total Commitments Payments Technical and administrative assistance and support expenditure (see point 6.1.2) N/A Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3) N/A TOTAL a+b+c Year 2009 N Total Commitments Payments Compatibility with the financial programming and the financial perspective Proposal compatible with the existing financial programming This proposal will entail reprogramming of the relevant heading in the financial perspective This may entail application of the provisions of the Inter-institutional Agreement 2.5 Financial impact on revenue: No financial implications (involves technical aspects regarding implementation of a measure) 15077/09 GME/es 4

5 3. BUDGET CHARACTERISTICS Type of expenditure New EFTA participation Participation applicant countries Heading Financial Perspective DNO CD NON NON NON No 4 4. LEGAL BASIS Treaty on European Union, in particular Article 14. Treaty establishing the European Community. Council Regulation (EC) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, in particular Article 75(2) thereof. 5. DESCRIPTION AND GROUNDS 5.1 Need for Community intervention Objectives pursued The overall objective of EU SSR Guinea Bissau is to provide advice and assistance on reform of the security sector in the Republic of Guinea-Bissau to the local authorities, in order to contribute to creating the conditions for implementation of the National Security Sector Reform Strategy, in close co-operation with other EU, international and bilateral actors, and with a view to facilitating subsequent donor engagement. The particular objectives of the mission are: Operationalisation of the National Security Strategy through assisting in the development of detailed implementation plans for downsizing/restructuring the Armed Forces and security forces /09 GME/es 5

6 Assistance to the development and articulation of capacity-building needs, including training and equipment, facilitating subsequent mobilisation of, and engagement by, donors. Assessment of the potential and risk for continued ESDP engagement in the medium term in support of SSR implementation Measures taken in connection with ex ante evaluation Joint fact-finding missions by the Council Secretariat and the Commission have taken place in May, October and November A General Concept and a Concept of Operations were prepared on the basis of the mission reports. A further on-the-spot control mission on financial and administrative aspects of management of the mission was carried out by the Commission in November Measures taken following ex post evaluation N/A 5.2 Actions envisaged and arrangements for budget intervention The mission will perform the following tasks in accordance with the principle of local ownership: a) Advise and Assistance i. Advise and contribute to development of detailed resizing/restructuring plans for the Armed Forces. ii. Assist in development of underpinning doctrine for employment of the Armed Forces, including the areas of command, control and logistic support, and mainstreaming the counter narcotics effort. iii. Support the development of detailed plans for reorganisation/restructuring of police bodies into 4 services, including the definition of a legal framework and mainstreaming the counter-narcotics effort. The main effort will be aimed at the restructuring/redeployment plan for the Judicial Police and establishment of the National Guard /09 GME/es 6

7 iv. Advise on planning and development of effective criminal investigation capacity. v. Advise on the Interpol National Central Bureau in Bissau. vi. Assist planning and advise on organization of short-term training activities for the Judicial police as required. vii. Advise the Guinea Bissau Prosecution Service, upon their request, on the development of transitory prosecution and criminal assets seizure capacity, in coherence with the on going judiciary reform and international community efforts already being deployed in this area. viii. Assist local authorities to ensure that reform policy and planning is consistent with democratic norms, human rights, gender issues and principles of good governance and the rule of law, and taking into account as appropriate employment aspects of SSR. ix. Advise and assist the authorities in disseminating the contents of the NSS to relevant officials and government agencies. b) Identification of Needs Assist with production of a detailed and prioritized capacity-building needs analysis to support resizing/restructuring tasks consistent with National Security Strategy, specifically training and equipment needs, facilitating donor commitment. c) Coordination i. Ensure ESDP advice and assistance is fully coordinated with the Committee for Technical Coordination and, where appropriate, the Steering Committee. ii. Ensure regular exchanges of information and close coordination of effort with other international actors, including through the UN-chaired Partners Group, with a view to helping match partner assistance with prioritized SSR needs as these are identified. iii. Ensure ESDP advice and assistance is complementary to and coherent with EDF, European Community and Member State activity, seeking maximum synergy of effort. Coordinate closely with the Head of Delegation of the EC as appropriate and without prejudice to respective areas of competency /09 GME/es 7

8 d) Other Tasks Conduct a mission review, inter alia assessing the potential and risk for continued ESDP engagement in the medium/long term in support of SSR implementation, reporting to PSC six months after declaration of initial operating capability. The budget covers all additional costs necessary to achieve this, including some transport, rent of offices in Bissau, communications costs, equipment and salary for local and international staff, as well as per diems for seconded staff. 5.3 Method of implementation The Head of Mission will sign a Special Adviser contract with the Commission. He will be responsible to the Commission for the management of expenditure related to the mandate. Apart from the international staff that will be seconded by Member States, the Head of Mission will sign employment contracts with local staff and with international staff on his own behalf, as required. 6. FINANCIAL IMPACT 6.1. Total financial impact (over the entire period) Financial intervention Project funded by EC contribution and contributions in kind by Member States: Breakdown Year N 2009 Commitments in million Total Contribution EC budget: Bilateral in-kind contributions by EU Member States and third states 11 advisers will be seconded 11 advisers will be seconded TOTAL 11 advisers advisers /09 GME/es 8

9 Technical and administrative assistance, support expenditure and IT expenditure (Commitment appropriations) N/A 6.2. Calculation of costs by measure envisaged (over the entire programming period) Personnel costs The team responsible for the implementation of the extended mandate is pictured in the table below. Type Number Head of Mission/EU Special Adviser 1 Seconded Staff 11 International contracted staff 5 Local staff (Brussels) 0 Local staff 17 The team currently consists of the Head Mission, 18 international staff members (13 seconded police, justice and military experts and 5 international contracted Mission support staff members), and 18 local staff members. Whereas the Mission organigramme provides for 27 international (including HoM) and 18 local staff members, no new calls for contributions or selection procedures will be launched during the period of extension. On the contrary, it is assumed that secondments of two currently working staff members will not be prolonged, and that a locally contracted prosecution assistant will terminate his assignment by 30 November These assumptions are taken into account in the budgetary planning. The overall situation as regards staffing levels is provided in the table below /09 GME/es 9

10 Planned, current and expected staffing International (planned - 27) Functions Seconded Contracted Comments HoM ES DHoM PT Chief Administrative/financial officer + Logistics officer + Procurement expert + CIS officer + MSO + Finance and accounting officer VACANT Will not be filled POLAD/PPIO PT Reporting officer VACANT Will not be filled Tri-service adviser/preferably air-force PT Army adviser ES Assumption: will terminate secondment Navy adviser PT Prosecution adviser/training concepts, strategies and courses PT Selected, to start working shortly Prosecution adviser PT Prosecution service adviser VACANT Will not be filled POP/Training concepts adviser FR Judiciary police/interpol training adviser PT Judiciary police training adviser VACANT Will not be filled National guard adviser ES National guard training adviser PT Adviser to the Steering Committee Secretariat PT Liaison with Third Parties VACANT Will not be filled Budgetary expert DE Assumption: will terminate secondment Expert in identification of military needs VACANT Will not be filled Expert in identification of police and prosecution needs VACANT Will not be filled Expert for training concepts VACANT Will not be filled Functions Local (planned - 18) Filled/no Comments 1 Assistant/secretary to HoM 1 Assistant to HoFA 1 Assistant for Procurement/finance 2 IT Experts 2 Logistics assistants 5 Drivers/handymen 3 Interpreters 1 Secretary/Receptionist 1 Messenger/cleaner 1 Prosecution assistant Until 30 November 2009 only Daily allowances for seconded personnel are based on Council Guidelines 7291/09 of 10 March Salaries, daily allowances and travel allowances for international contracted staff are based on Commission Communication on Specific Rules for Special Advisers of the Commission entrusted with the Implementation of Operational CFSP Actions (C(2007)1746 of 21 December 2007) /09 GME/es 10

11 For local staff, the monthly salary is based on Commission Delegation rates in accordance with the Commission Communication C(2007)1746 of 21 December Salary includes medical and social security contributions. In order to be able to comply with the requirements of local labour law, severance payments are foreseen for local staff whose contracts are terminated. It is assumed that the Mission will be able to re-negotiate Medical services contract (currently at EUR 21,750 per month) down to monthly EUR 17,500. Further detail is provided in the table below /09 GME/es 11

12 1. Personnel 1,029, HoM/Special Adviser Monthly salary, including allowances 19, , Removal allowance Travel related to taking office , International contracted staff Monthly salary 0 Chief Administrative/Financial Officer 4, ,900 1 Logistic (Quarter master+fleet) 4, ,800 2 Procurement expert 3, ,650 3 CIS 5, ,300 4 Security (MSO) 5, , Removal allowance for contracted internationals 4, , Daily allowances , Travel related to taking office 5, , Six-monthly return ticket 14, , , Local staff Local staff 0 1 Assistant/Secretary HoM 1, , Assistant HoA/F 1, , Assistant Procurement - Finance 1, , IT expert 3, , Assistant Logistics 2, , Driver/Handiman 4, , Interpreters 6, , Secretary/Receptionist 1, , Messenger/Cleaner , Social contributions (16%) 3, , Transport allowance , Overtime payments for drivers , Severance payments 69, , , Seconded experts Seconded experts - Daily allowance 0 DHoM ,405 1 POLAD/PPIO ,405 2 Tri-service Adviser ,405 4 Army Adviser pm pm 5 Navy Adviser , Prosecution Adviser , Prosecution Adviser , Adviser Steering Committee Secretariat , Jud. Police/Interpol Adviser including training , POP/Training concepts adviser , National Guard Adviser , National Guard Training Adviser , Budgetary expert - NEW pm pm 235, Insurances Provision for Financial Liability Insurance 1, , High Risk Insurance HoM , High Risk Insurance international contracted staff and seconded staff 3, ,220 38, Medical 1 Medevac 15,000 Lump sum 15,000 1 Medical service support 17, , , /09 GME/es 12

13 Missions All mission expenditure directly related to the implementation of the mandate is covered by the budget of the mandate. The mission expenditure includes transportation, per diems and accommodation and is payable for missions from the place of employment. The rates are based on the Guide to Missions for Officials and Other Servants of the European Commission (Article 71 of the Staff Regulations and Articles 11 to 13 of Annex VII to the Staff Regulations). The seconding MS will cover transport costs to the place of employment. The number of missions during the extension period is reduced to the minimum see the details below. 2. Mission expenditure 35, Air tickets Flights to Europe - 1 per month 2, , Freight Regional Flights 1 per month , Flights - other - 1 in total 2, ,800 22, Overseas accommodation/per diem Accommodation 0 Accommodation in Europe (4 nights per trip) ,360 1 Accommodation in the region (3 nights per trip) ,430 2 Accommodation in other locations (4 nights per trip) Per diem 0 Per diem in Europe (5 days per trip) ,700 1 Per diem in Region (4 days per trip) ,400 2 Per diem in other locations (5 days per trip) , In-country missions Accommodation - in-country missions Per diem - in-country missions Mission costs (e.g. bridge toll, ferry, etc.) Reimboursement of mission costs for accompanying Guinean officials , /09 GME/es 13

14 6.2.3 Running expenditure The calculations in the table below are based on the experience of the Mission so far. It was assumed that it would be possible to further reduce some costs beyond the current, actual, costs. For example, cost of fuel for cars and generators have been reduced by half of what is normally necessary. 3. Running expenditure 163, Vehicles Fuel 0 Fuel vehicles ,400 1 Fuel generators 1, , Vehicle Rental pm pm Vehicle maintenance / repair , Vehicle insurance 3, ,800 32, IT + maintenance IT - Maintenance Consumables (cartridges, etc) , Internet access subscription and running cost (local provider Bissau) ,820 6, /09 GME/es 14

15 3.3 Communications and maintenance 1 GSMs 1, , Sat phones , Sat connection 1, , Secure sat connection , TV connection 1, , Maintenance of comms equipment , Offices and accommodation Office building maintenance 1, ,800 1 Water and public power Consumables for HQ (detergents, etc) Office rent 7, ,000 53, Office supplies Stationary and other consumables , Mail and expedition Books and manuals , Media Communication Newspapers Media and Events 1, ,000 6, Security Private guarding of HQ 1, , Private guarding of residences 1, ,100 14, Welfare Welfare ,400 2, Financial and Audit costs Audit Financial costs Legal Services Trainings and seminars 1 Portuguese and Crioulo language pm pm Training and Seminars - mandate specific 0 SSR Seminars and workshops in Guinea-Bissau 1, ,019 1 Police, National Guard, Prosecution training 8, ,000 2 Armed Forces training 7, ,508 16, Consultancy and professional services Consultancy and professional services 2, ,000 2, /09 GME/es 15

16 Capital expenditure The budget line relating to personal security equipment appears in the proposed budget pour memoire. 4. Capital expenditure 2, Communication equipment GSM phones pm pm 4.5. Miscellaneous equipment Miscellaneous equipment ,500 1, Security equipment Personal Protection Equipment pm pm Improvement of security measures at mission headquarters 2 Water reserve (bottles) Security of residences 1 Electricity test and renovation Representation Representation costs up to EUR 1,500 are covered by the budget of the Mission Contingencies The contingency reserve of EUR 7,342 will be used only with a prior written approval of the Commission Termination costs Termination costs must be included to provide for the possibility where the Mission mandate is not extended. It is assumed that the Mission may be closed down in four months and the total amount necessary for closure is estimated at EUR 289,855. Personnel costs are is the most important element of termination costs. The following posts are necessary to ensure smooth process of closure: 15077/09 GME/es 16

17 Month 1 Month 2 Month 3 Month 4 International HoM HoFA Procurement officer/alternate accounting officer MSO Local 1 Assistant to HoFA 1 Assistant to Procurement Officer - 1 IT expert 2 logistics assistants 1 logistics assistant 1 Driver 1 Interpreter 1 Cleaner/caretaker As regards personnel costs during termination phase, it is assumed that the Mission will be able to re-negotiate Medical services contract (currently at EUR 21,750 per month) down to monthly EUR 17,500. Further details are provided in the table below /09 GME/es 17

18 1. Personnel Budget line Termination JUN-10 JUL-10 AUG-10 SEP-10 Total terminatio n 87,913 59,178 65,769 15, , HoM/ Special Adviser Monthly salary, including allowances 19, , Removal allowance 6, , Travel related to taking office 2, ,800 28, , International contracted staff Monthly salary 0 Chief Administrative/ Financial Officer 4,550 4,550 4,550 4,550 18,200 1 Logistic (Quarter master+fleet) Procurement expert 3,850 3,850 3,850 11,550 3 CIS Security (MSO) 5,500 5,500 5,500 16, Removal allowance for contracted internationals 0 0 4,675 2,275 6, Daily allowances 10,585 10,938 10,938 3,528 35, Travel related to taking office 0 0 5,600 2,800 8, Six-monthly return ticket ,485 24,838 35,113 13,153 97, Local staff Local staff 0 1 Assistant/ Secretary HoM Assistant HoA/ F 1,964 1,964 1, , Assistant Procurement - Finance 1,588 1, , IT expert 1,620 1,620 1, , Assistant Logistics 2,983 2,983 1, , Driver/ Handiman , Interpreters 1,967 1,967 1, , Secretary/ Receptionist Messenger/ Cleaner , Social contributions (16%) 1,903 1,903 1, , Transport allowance , Overtime payments for drivers Severance payments 14,332 14,332 10, , Seconded experts Insurances Provision for Financial Liability Insurance 1,734 1,734 1,734 1,734 6, High Risk Insurance HoM High Risk Insurance international contracted staff and seconded staff ,580 3,343 2,508 2,508 1,992 10, Medical 1 Medevac Medical service support 17,500 17,500 17, ,500 17,500 17,500 17, , /09 GME/es 18

19 Mission costs are reduced to one trip per month for the HoM and/or for the Head of Finance and Administration. Budget line Termination JUN-10 JUL-10 AUG-10 SEP-10 Total terminatio n 2. Mission expenditure 3,810 3,810 8,810 3,810 20, Air tickets Flights to Europe - 1 per month 2,800 2,800 2,800 2,800 11, Freight 0 0 5, , Regional Flights 1 per month Flights - other - 1 in total ,800 2,800 7,800 2,800 16, Overseas accommodation/per diem Accommodation 0 Accommodation in Europe (4 nights per trip) ,240 1 Accommodation in the region (3 nights per trip) Accommodation in other locations (4 nights per trip) Per diem 0 Per diem in Europe (5 days per trip) ,800 1 Per diem in Region (4 days per trip) Per diem in other locations (5 days per trip) ,010 1,010 1,010 1,010 4, In-country missions Accommodation - in-country missions Per diem - in-country missions Mission costs (e.g. bridge toll, ferry, etc.) Reimboursement of mission costs for accompanying Guinean officials Running costs In order to reduce running costs, it is assumed that the Mission would be able to re-negotiate the rental contract for the office building with Bissau-Guinean Government so that the latter would allow the Mission to use the building for free during the termination phase in exchange of donation of certain installations and/or equipment currently present in the building /09 GME/es 19

20 It is furthermore assumed that eventual transport costs of bulky equipment (cars and generators) will be covered by a mission receiving the equipment or that relevant equipment could be sold/donated at no cost. Based on this assumption, no provision for transport costs is included in the budget, except for shipment of files and/or other small equipment. Budget line Termination JUN-10 JUL-10 AUG-10 SEP-10 Total terminatio n 3. Running expenditure 11,920 4,820 20,220 3,150 40, Vehicles Fuel 0 Fuel vehicles Fuel generators 1,500 1,500 1, , Vehicle Rental Vehicle maintenance / repair Vehicle insurance ,500 2,350 2,300 2, , IT + maintenance IT - Maintenance Consumables (cartridges, etc) Internet access subscription and running cost (local provider Bissau) Communications and maintenance 1 GSMs Sat phones Sat connection 1,000 1,000 1, , Secure sat connection TV connection Maintenance of comms equipment ,250 1,250 1, , /09 GME/es 20

21 3.4 Offices and accommodation Office building maintenance Water and public power Consumables for HQ (detergents, etc) Office rent Office supplies Stationary and other consumables Mail and expedition ,000 2,000 12, Books and manuals ,050 2,000 12, Media Communication Newspapers Media and Events Security Private guarding of HQ , Private guarding of residences , Welfare Welfare Financial and Audit costs Audit 7, , Financial costs ,000 1, Legal Services 0 0 5, ,500 7, ,650 1,000 13, Capital expenditure An overall of EUR 1,500 is foreseen for miscellaneous equipment that may be necessary for shipment arrangements, etc. 6.3 Itemised breakdown of cost (indicative) BUDGET HEADING Budget in Euros 01/03/ /05/2009 Budget in Euros 01/12/ /05/ Personnel Costs 2,653,491 1,029, Missions 217,850 35, Running expenditure 1,515, , /09 GME/es 21

22 4. Capital expenditure 1.124,770 2, Representation 20,000 1,500 Sub-Total (1 to 5) 5,531,956 1,232,803 Termination costs - 289, Contingencies 1 118,044 7,342 TOTAL 5,650,000 1,530,000 The authorising officer responsible is hereby authorised to vary each of the above amounts related to the budget according to exact operational requirements and possibilities and in keeping with sound financial management, while not exceeding the overall amount of the financing decision Financial precedents Joint Action 2008/112/CFSP of 12 February 2008, amended and extended by Joint Action 2009/405/CFSP of 18 May EUR 5,650, IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE 7.1 Impact on human resources p.m. 7.2 Overall financial impact of human resources p.m. 7.3 Other administrative expenditure deriving from the action p.m. 8. FOLLOW-UP AND EVALUATION 1 Contingencies shall be used only with a prior written approval of the Commission /09 GME/es 22

23 8.1 Follow-up arrangements The Presidency is responsible for the implementation of the decisions made according to title V of the TEU (Joint Action). The Head of Mission will lead the Mission and assume its co-ordination and day-to-day management. He will report to the Secretary General/High Representative through the Civilian Operational Commander. The PSC will receive reports by the Civilian Operational Commander via the SG/HR at regular intervals. The PSC will exercise, under the responsibility of the Council, the political control and strategic direction of the Mission. The Head of EU SSR Guinea Bissau will be accountable to the Commission for all expenditure. 8.2 Arrangements and schedule for the planned evaluation The Commission may conduct an evaluation of this action in the framework of its budget implementation competence. 9. ANTI-FRAUD MEASURES Controls may be undertaken by the Commission services, including OLAF, as well as by the European Court of Auditors /09 GME/es 23