PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 26 October /05 LIMITE CIVCOM 303 PESC 907 RELEX 564 JAI 372 COSDP 718 COMEM 58 OC 767

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1 Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 26 October /05 LIMITE PUBLIC CIVCOM 303 PESC 907 RELEX 564 JAI 372 COSDP 718 COMEM 58 OC 767 "I/A" ITEM NOTE From : Secretariat To : Permanent Representatives Committee / Council Subject : Draft Council Joint Action on the European Union Police Mission for the Palestinian Territories, EUPOL COPPS COMMON GUIDELINES Consultation deadline: 3 November On 18 July 2005 the General Affairs and External Relations Council reiterated the EU commitment to contribute to the development of Palestinian security capacity through the Palestinian Civil Police (PCP), in co-ordination with the US Security Co-ordinator. The Council also agreed in principle that EU support to the Palestinian Civil Police should take the form of an ESDP mission building on the work of the EU Co-ordinating Office for Palestinian Police Support in cooperation with all parties concerned. 2. On 26 October 2005 the Foreign Relations Counsellors Working Party finalized the examination of a text for a draft Joint Action on the European Union Police Mission for the Palestinian Territories, EUPOL COPPS /05 JJ/ms 1

2 3. On 25 October 2005, the Prime Minister of the Palestinian Authority sent a letter to the SG/HR confirming its commitment to provide full support to EUPOL COPPS and, within the capabilities and competencies of the Palestinian Authority, to grant the Mission and its personnel guarantees relating to privileges and immunities equivalent to those enjoyed by diplomatic agents and missions under the Vienna Convention on Diplomatic Relations dated 18 April 1961, in the Palestinian Territory, as well as further guarantees and the support necessary for the achievement of the mission's objectives, in particular regarding the security of the members of the Mission. 4. In accordance with Article 9(1) of the Joint Action, the Presidency will endeavour to negotiate with the host parties arrangements on the status, privileges and immunities of EUPOL COPPS based on the model SOMA, including in particular articles 6.1 and On 27 October, The Working Party also agreed on the financial statement related to the expenditure of the mission, as set out in the annex to this note. In this context, several delegations expressed the firm view that the rate of per diems decided now was insufficient and should have been higher., the Working Party therefore agreed to review the rate of per diems in the context of the six-monthly review, referred to in Article 4 of the Joint Action and in light of the outcome of the horizontal debate that RELEX will start at the end of November/beginning of December on the issue of per diems. 6. In these circumstances, the Committee of Permanent Representatives is invited to - confirm the agreement on the draft Council Joint Action and on the financial statement set out in the Annex to this note; - recommend that the Council adopt the Council Joint Action on the European Union European Union Police Mission for the Palestinian Territories, EUPOL COPPS, as set out, after finalisation of the text by the legal/linguistic experts, in document 13696/05 CIVCOM 300 PESC 896 RELEX 557 JAI 369 COSDP 707 COMEM 57.OC /05 JJ/ms 2

3 LEGISLATIVE FINANCIAL STATEMENT Policy area(s): External Relations Activity(ies): CFSP - Common Foreign and Security Policy TITLE OF ACTION: Council Joint Action 2005/ /CFSP of / /2005 on the EU Co-ordinating Office for Palestinian Police Support (EUPOL COPPS). 1. BUDGET LINE(S) + HEADING(S) Conflict resolution, verification, support for the peace process and stabilisation 2. OVERALL FIGURES Total allocation for action: 2,500,000 for 2005 commitment and 3,600,000 for 2006 commitment 2.1. Period of application: The Joint Action shall enter into force on the date of its adoption and shall expire on 31 December Expenditure shall be eligible as of the date of entry into force of the Joint Action Overall multi-annual estimate on expenditure: a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1) million (to 3rd decimal place) Year 2005 N Total Commitments 2,500,000 3,600,000 6,100,000 Payments 1,920, ,180,000 6,100,000 b) Technical and administrative assistance and support expenditure (see point 6.1.2) N/A c) Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3) N/A 1 (2,500,000 contingencies )* 80% = 1,920,000, on the basis of 100,000 of contingencies 13757/05 JJ/ms 3

4 TOTAL a+b+c Commitments 2,500,000 3,600,000 6,100,000 Payments 1,920,000 4, ,100, 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 Interinstitutional Agreement 2.4. Financial impact on revenue: No financial implications (involves technical aspects regarding implementation of a measure) 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 thereof Treaty establishing the European Community Council Regulation (EC) N 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, in particular Article 75 (2) thereof 13757/05 JJ/ms 4

5 1. DESCRIPTION AND GROUNDS 5.1. Need for Community intervention Objectives pursued The aim of the Mission is to contribute to the establishment of sustainable and effective policing arrangements under Palestinian ownership in accordance with best international standards, in cooperation with the European Community's' institution building programmes as well as other international efforts in the wider context of Security Sector including Criminal Justice Reform Measures taken in connection with ex ante evaluation The European Union Co-ordinating Office for Palestinian Police Support (EUPOL COPPS) was formally established by an exchange of letters on 20 April 2005 between the Palestinian Prime Minister and the EU Special Representative to the Middle-East Peace Process. A joint assessment mission by the Council and the Commission was undertaken at the end of Septemberbeginning of October. The tasks of the fact finding mission was to make all the necessary preparations for enhancing the follow-on Mission to its current support to the Palestinian Civil Police (PCP), the EU Coordinating Office for Palestinian Police Support (EUPOL COPPS) Measures taken following ex post evaluation None, as this is a new action. 5.2 Actions envisaged and arrangements for budget intervention The European Union establishes a European Union Police Mission for the Palestinian Territories, EUPOL COPPS with an operational phase beginning no later than 1 January The mission will be based in Ramallah (Mission HQ) with satellite offices in Ramallah, Nablus, Bethlehem and Gaza. The Mission will be composed by an Administration section, an Advisory section and a Programme Co-ordination section. Part of the Advisory section will give field advice in West Bank North, West Bank HQ and Mid, West Bank South on one side and Gaza HQ/North and Gaza South on the other side /05 JJ/ms 5

6 The Programme coordination section will notably manage small project schemes such as communication, IT and small equipment for the police such as office equipment, baton belt loops, motorcycle helmets, etc., normally with a financial value not exceeding 5, Methods of implementation The Head of the 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. The Head of the Mission will sign employment contracts with his staff on his own behalf, as required. The terms of reference of employment contracts will be submitted to the Commission for prior approval in ways to be specified in the contract. 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 Commitments in Breakdown Contribution EC: 6,100, Total 6,100,000 In-kind contributions 2 by Member States United Kingdom In-kind contributions by non EU Member States Vehicles Technical Office Equipment Office furniture Air conditioning system To be determined TOTAL EC+MS+bilateral contributions 6,100,000 2 The Head of Mission of the COPPS is requested to use the contributions received from outside the EC budget for the items specified as they are necessary and complementary to the operational needs of the mission, but not included by the CFSP budget contribution /05 JJ/ms 6

7 Technical and administrative assistance, support expenditure and IT expenditure (Commitment appropriations) N/A 6.2. Calculation of costs by measure envisaged (see detail in Appendix to the Financial Statement) Personnel will be located in Jerusalem and in Gaza city. The Headquarter is foreseen in Ramallah. Mobile teams will operate in West Bank North, West Bank HQ and Mid, West Bank South on one side and in Gaza HQ/North and Gaza South on the other side Personnel costs Salaries Salaries are based on Commission Communication on Specific Rules for Special Advisers of the Commission entrusted with the Implementation of Operational CFSP Actions (C(2004)2984 of 6 August 2004). Head of Mission Head of Mission 12 months * 16,800 /month = 201,600 The remuneration of the Head of Mission corresponds to the basic salary of the grade AD 13, step 1, as laid down in Article 66 of the EC Staff Regulations. The remuneration includes expatriation allowance of 16 % and other applicable allowances as per the EC Staff Regulations, as follows: Basic salary 10,307 Expatriation allowance (16 %) 1,838 Household and children allowances 1,200 Hardship allowance (27%) 2,840 Margin for Family allowances and indexation 615 Total 16, /05 JJ/ms 7

8 International staff (5) (provisions) Head of Finance and Administration 12 months * 6,000 /month = 72,000 Finance/Accounting officer 12 months * 6,000 /month = 72,000 Security officer 12 months * 6000 /month = 72,000 Procurement officer 12 months * 6000 /month = 72,000 IT/CIS Officer 12 months * 6,000 /month = 72,000 The EU is covering a removal allowance corresponding to 50% of one monthly basic gross salary upon taking of office and upon termination of service or death (lump sum) international contracted staff, as well as the travel to taking office. Local Staff 15 staff members, including one office manager, one CIS assistant, 5 interpreters/translators, 3 administrative assistants/secretary, one information assistant, 2 programme/project assistants, 2 drivers. Seconded staff 27 seconded staff members from Member States and EU Institutions, whose high risk insurance and per diems are covered by the EU. Salaries, expenses for medical check and travel back and forth Palestine are covered by seconding Member States. In addition, (number to be determined) will be seconded by (third countries). Their salaries are covered by the seconding state as well as high risk insurance, allowances including per diems and travel expenses to and from Palestine. Allowances Per Diem: paid for all seconded experts for all days worked outside their place of origin. The level of per diem, (i.e. 117 * 75%), is based on the rates paid in the framework of EC funded external aid contracts ( /05 JJ/ms 8

9 Insurances The high-risk insurance for the Head of Mission and experts has been calculated on the basis of 300 Euro/month per expert and 800 Euro/month for the Head of Mission. The budget also includes a provision of 10,000 for financial liability insurance, should the Head of Mission wish to take such insurance. Medical coverage for all EU secondees and international staff These expenditures are based on the result of the Fact Finding Mission to Gaza and the West Bank by the Medical Staff Officer, which has assessed the medical needs for the mission 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, which is Ramallah (HQ). 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 Flights: costs are calculated on the basis of 1500 for a return flight Tel-Aviv/Brussels or Tel- Aviv/EU capitals; 1500 for a return flight Tel-Aviv/Cairo and 2500 Tel-Aviv/Washington. Tel Aviv-Brussels: 12 flights * 1,500 = 18,000 Tel-Aviv/EU Capitals : 12 flights * 1,500 = 18,000 Tel-Aviv/Cairo: 24 flights * 1,500 = 36,000 Tel-Aviv/Washington 1 flight * 2,500 = 2,500 TOTAL AMOUNT FOR FLIGHTS...74,500 In addition 5,000 are foreseen for the freight, carriage and other expenditure for the HQ /05 JJ/ms 9

10 Accommodation and subsistence The subsistence allowance is calculated on the basis of the EU mission guide. The cost of accommodation is calculated as an average of applicable price ceilings for hotel in all expected mission destinations. Per diem (based on a 4 days mission) Tel Aviv-Brussels: 12 missions* 4 days * = 4, Tel Aviv-EU Capitals: 12 missions* 4 days * = 3, Tel Aviv-Cairo: 24 missions* 4 days * 65 = 6,240 Tel Aviv-Washington: 1 mission * 4 days * 80 = 320 Accommodation (based on 3 nights) Tel Aviv-Brussels: 12 missions* 3 nights * = 4, Tel Aviv-EU Capitals: 12 missions* 3 nights * = 4, Tel Aviv-Cairo: 24 missions* 3 nigths * 140 = 10,080 Tel Aviv-Washington: 1 mission * 3 nights * 200 = 600 TOTAL AMOUNT FOR PER DIEM AND ACCOMODATION... 33, Running expenditure The calculations are based on information received from estimations of the Technical Assistance Team mission (see Annex to Financial Statement). The heading includes transportation, IT and maintenance, telecommunications costs, Offices rent and services costs, Office supplies costs, Security services costs, Legal Services costs, financial costs and audits Capital expenditure The calculations are based on information received from estimations of the Fact finding mission (see Annex to Financial Statement). The budget includes mainly vehicles, IT equipment, telecommunications and office equipments and Security equipment. In addition some amounts are reserved for small projects related to the purchase of equipments, which normally amounts to less than 5,000 per purchase /05 JJ/ms 10

11 Representation Representation costs up to 10,000 are covered by the budget of the Mission Contingencies The contingency reserve is set at approximately 5 % of the overall budget and will be used only with a prior written approval of the Commission Itemised breakdown of cost (indicative) BUDGET HEADING Budget in Euros 1. Personnel Costs 2. Missions 3. Running expenditure 4. Capital expenditure 5. Representation 2,011, , ,898 2,769,660 10,000 Sub-Total (1 to 5) 5,868,333 Contingencies 3 231,667 TOTAL 6,100,000 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. 3 Contingencies shall be used only with a prior written approval of the Commission /05 JJ/ms 11

12 6.4. Financial precedents Joint Action Budget Allocation of Commitments year appropriations none 7. 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 8.1 Follow-up arrangements 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. The PSC will receive reports by the Head of Mission 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 Mission will report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract. The Head of Mission 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 /05 JJ/ms 12