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19.6.2012 Official
Journal
of
the
European
Union L
158/17
DECISIONS
COUNCIL DECISION 2012/312/CFSP
of 18 June 2012
on the European Union Aviation Security CSDP Mission in South Sudan
(EUAVSEC-South Sudan)
THE COUNCIL OF THE EUROPEAN UNION,
(6) EUAVSEC-South
Sudan
will
be
conducted
in
the
context
of a situation which may deteriorate and could impede
Having regard to the Treaty on European Union and in
the achievement of the objectives of the Union’s external
particular Article 28 and Articles 42(4) and 43(2) thereof,
action as set out in Article 21 of the Treaty on European
Union (TEU),
Having regard to the proposal from the High Representative of
the Union for Foreign Affairs and Security Policy,
HAS ADOPTED THIS DECISION:
Whereas:
Article 1
Mission
(1) In
its
Resolution
1996
(2011),
adopted
on
8
July
2011,
the United Nations Security Council welcomed the estab
The Union hereby establishes a European Union Aviation
lishment of the Republic of South Sudan on 9 July 2011
Security CSDP Mission in South Sudan (EUAVSEC-South
upon its proclamation as an independent State and
Sudan).
underscored the need for forging stronger and well-
defined partnerships among the United Nations, devel
opment agencies, bilateral partners, and other relevant
Article 2
actors, regional and sub-regional institutions and the
Objectives
international financial institutions, to implement
national strategies aimed at effective institution
1. The
strategic
objective
of
EUAVSEC-South
Sudan
is
to
building, which are based on national ownership, the
contribute to the sustainable and effective functioning of Juba
achievement of results, and mutual accountability.
International Airport (JIA), by achieving acceptable security
capacity under local ownership, in line with international
standards and applicable best practice.
(2) On
20
June
2011,
the
Council
agreed
to
follow
a
comprehensive approach to Sudan and South Sudan
with, inter alia, the aim of assisting South Sudan to
2. In
particular,
EUAVSEC-South
Sudan
shall
contribute
to
become a viable, stable, and prosperous state. The
strengthening aviation security, border control and law
Comprehensive Approach set out, as a short-term
enforcement at JIA, under public oversight and in accordance
option, the possible deployment of a civilian common
with human rights standards.
security and defence policy (CSDP) mission to strengthen
airport security and, as a medium-term option, the
contribution to broader border management in South
Article 3
Sudan.
Tasks
1. In order to fulfil the objectives set out in Article 2,
(3)
On 19 July 2011, on behalf of the Government of South
EUAVSEC-South Sudan shall:
Sudan (GoSS), the South Sudanese Minister for Transport
and Roads addressed a letter to the High Representative
of the Union for Foreign Affairs and Security Policy (HR)
(a) assist and advise the Government of South Sudan (GoSS)
welcoming the Union’s proposal to contribute to the
and other relevant South Sudanese services to establish the
strengthening of the security at Juba International
aviation security organisation at the Ministry of Transport
Airport (JIA) in order to raise it to internationally
and at JIA;
accepted standards, through the deployment of a CSDP
mission.
(b) assist and advise the GoSS and other relevant South
Sudanese services to develop, adopt and implement:
(4)
On 23 January 2012 the Council approved the Crisis
Management Concept for a European Union Aviation
Security CSDP mission in South Sudan (EUAVSEC-
— aviation security programmes and plans by the civil
South Sudan).
aviation authority of South Sudan,
(5) The
Watch-Keeping
Capability
should
be
activated
for
— aviation security programmes, plans and relevant
EUAVSEC-South Sudan.
standard operating procedures at JIA;

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L 158/18
EN
Official Journal of the European Union
19.6.2012
(c) improve the performance of officials involved in aviation
tution concerned. National authorities shall transfer Operational
security operations, according to International Civil
Control (OPCON) of their personnel, teams and units to the
Aviation Organization (ICAO) standards and recommended
Civilian Operation Commander.
procedures, through training, mentoring, monitoring,
advice, assistance and coordination;
6. The
Civilian
Operation
Commander
shall
have
overall
responsibility for ensuring that the Union’s duty of care is
(d) support sustainability and long-term viability of South
properly discharged.
Sudan’s achievements by working with other Union and
international stake-holders;
7. The Civilian Operation Commander, the European Union
(e) support the promotion of security awareness amongst the
Special Representative for Sudan and South Sudan (EUSR) and
commercial and private entities operating at JIA.
the Head of Union Delegation in South Sudan shall consult
each other as required.
2. EUAVSEC-South
Sudan
shall
not
carry
out
any
executive
function.
Article 6
Article 4
Head of Mission
Chain of command and structure
1. The
Head
of
Mission
shall
assume
responsibility
for,
and
exercise command and control of, EUAVSEC-South Sudan at
1. EUAVSEC-South
Sudan
shall
have
a
unified
chain
of theatre level and shall be directly responsible to the Civilian
command as a crisis management operation.
Operation Commander.
2. EUAVSEC-South
Sudan
shall
have
its
Headquarters
in
Juba.
2. The
Head
of
Mission
shall
exercise
command
and
control
over personnel, teams and units from contributing States as
3. During
the
preparatory
phase
of
EUAVSEC-South
Sudan, assigned by the Civilian Operation Commander together with
the Head of Mission shall be assisted by a planning team
administrative and logistic responsibility including over assets,
comprising the necessary staff to respond to Mission prep
resources and information placed at the disposal of EUAVSEC-
aration needs.
South Sudan.
4. During
the
implementation
phase,
EUAVSEC-South
Sudan
3. The Head of Mission shall issue instructions to all
shall be structured as follows:
EUAVSEC-South Sudan staff for the effective conduct of the
(a) Head of Mission;
EUAVSEC-South Sudan in theatre, assuming its coordination
and day-to-day management, and following the instructions at
(b) Planning and Operations component including training
the strategic level of the Civilian Operation Commander.
capacity;
4. The
Head
of
Mission
shall
be
responsible
for
the
imple
(c) Mission Support component;
mentation of the budget of EUAVSEC-South Sudan. For this
purpose, the Head of Mission shall sign a contract with the
(d) Reporting, Security and Political Advisory/Public
Commission.
Information elements.
Article 5
5. The Head of Mission shall be responsible for disciplinary
control over the staff. For seconded staff, disciplinary action
Civilian Operation Commander
shall be exercised by the national authority or Union institution
concerned.
1. The
Civilian
Planning
and
Conduct
Capability
(CPCC)
Director shall be the Civilian Operation Commander for
EUAVSEC-South Sudan.
6. The
Head
of
Mission
shall
represent
EUAVSEC-South
Sudan in the operations area and shall ensure appropriate
2. The
Civilian
Operation
Commander,
under
the
political visibility of EUAVSEC-South Sudan.
control and strategic direction of the Political and Security
Committee (PSC) and overall authority of the High Represen
7. The
Head
of
Mission
shall
coordinate,
as
appropriate,
with
tative of the Union for Foreign Affairs and Security Policy (HR),
other Union actors on the ground. The Head of Mission shall,
shall exercise command and control of EUAVSEC-South Sudan
without prejudice to the chain of command, receive local
at the strategic level.
political guidance from the EUSR, in close coordination with
the Head of Union Delegation in South Sudan.
3. The
Civilian
Operation
Commander
shall
ensure,
with
regard to the conduct of operations, proper and effective imple
Article 7
mentation of the Council’s decisions as well as the PSC’s deci
sions, including by issuing instructions at the strategic level as
Staff
required to the Head of Mission and providing him with advice
and technical support.
1. EUAVSEC-South
Sudan
shall
consist
primarily
of
staff
seconded by Member States, Union institutions or the
4. The
Civilian
Operation
Commander
shall
report
to
the European External Action Service (EEAS). Each Member State
Council through the HR.
or Union institution, or EEAS shall bear the costs related to any
of the staff seconded by it, including travel expenses to and
5. All
seconded
staff
shall
remain
under
the
full
command
of from the place of deployment, salaries, medical coverage and
the national authorities of the seconding State or Union insti
allowances other than applicable daily allowances.

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EN
19.6.2012 Official
Journal
of
the
European
Union L
158/19
2.
The State or Union institution, or EEAS having seconded a
2. Third
States
contributing
to
EUAVSEC-South
Sudan
shall
member of staff shall be responsible for answering any claims
have the same rights and obligations in terms of day-to-day
linked to the secondment, from or concerning the member of
management of EUAVSEC-South Sudan as Member States.
staff and for bringing any action against the seconded person.
3.
The Council hereby authorises the PSC to take the relevant
3. International
and
local
staff
shall
be
recruited
on
a decisions on acceptance of the proposed contributions and to
contractual basis by the EUAVSEC-South Sudan if the
establish a Committee of Contributors.
functions required are not provided by personnel seconded by
Member States. Exceptionally, in duly justified cases, where no
4. Detailed
arrangements
regarding
the
participation
of
third
qualified applications from Member States are available,
States shall be covered by agreements concluded in accordance
nationals from participating third States may be recruited on
with Article 37 TEU and additional technical arrangement as
a contractual basis, as appropriate.
necessary. Where the Union and a third State conclude an
agreement establishing a framework for the participation of
that third State in Union crisis-management operations, the
4. The
conditions
of
employment
and
the
rights
and provisions of that agreement shall apply in the context of
obligations of international and local staff shall be laid down
EUAVSEC-South Sudan.
in the contracts between the Head of Mission and the members
of staff.
Article 11
Article 8
Security
Status of EUAVSEC-South Sudan and of its staff
1. The
Civilian
Operation
Commander
shall
direct
the
Head
of Mission’s planning of security measures and ensure their
The status of EUAVSEC-South Sudan and its staff, including
proper and effective implementation by EUAVSEC-South
where appropriate the privileges, immunities and further guar
Sudan in accordance with Article 5.
antees necessary for the completion and smooth functioning of
EUAVSEC-South Sudan, shall be the subject of an agreement
concluded pursuant to Article 37 TEU and in accordance with
2. The
Head
of
Mission
shall
be
responsible
for
the
security
the procedure laid down in Article 218 of the Treaty on the
of EUAVSEC-South Sudan and for ensuring compliance with
Functioning of the European Union.
minimum security requirements applicable to EUAVSEC-South
Sudan, in line with the policy of the Union on the security of
personnel deployed outside the Union in an operational
Article 9
capacity under Title V TEU, and its supporting instruments.
Political control and strategic direction
3. The Head of Mission shall be assisted by a Mission
1. The
PSC
shall
exercise,
under
the
responsibility
of
the Security Officer (MSO), who shall report to the Head of
Council and of the HR, political control and strategic
Mission and also maintain a close functional relationship with
direction of the EUAVSEC-South Sudan. The Council hereby
the EEAS.
authorises the PSC to take the relevant decisions in accordance
with the third paragraph of Article 38 TEU. This authorisation
shall include the powers to appoint a Head of Mission, upon a
4. The
EUAVSEC-South
Sudan
staff
shall
undergo
mandatory
proposal of the HR, and to amend the Concept of operations
security training before taking up their duties, in accordance
(CONOPS) and the Operation Plan (OPLAN). The powers of
with the OPLAN. They shall also receive regular in-theatre
decision with respect to the objectives and termination of the
refresher training organised by the MSO.
EUAVSEC-South Sudan shall remain vested in the Council.
5. The
Head
of
Mission
shall
ensure
the
protection
of
EU
classified information in accordance with Council Decision
2. The
PSC
shall
report
to
the
Council
at
regular
intervals.
2011/292/EU of 31 March 2011 on the security rules for
protecting EU classified information ( 1 ).
3. The
PSC
shall
receive,
on
a
regular
basis
and
as
required,
reports by the Civilian Operation Commander and the Head of
Article 12
Mission on issues within their areas of responsibility.
Watch-Keeping Capability
The Watch-Keeping Capability shall be activated for EUAVSEC-
Article 10
South Sudan.
Participation of third States
1. Without
prejudice
to
the
decision-making
autonomy
of
Article 13
the Union and its single institutional framework, third States
Financial arrangements
may be invited to contribute to EUAVSEC-South Sudan,
provided that they bear the cost of the staff seconded by
1. The
financial
reference
amount
intended
to
cover
the
them, including salaries, all risk insurance cover, daily
expenditure related to EUAVSEC-South Sudan shall be EUR
subsistence allowances and travel expenses to and from South
12 500 000.
Sudan, and that they contribute to the running costs of
EUAVSEC-South Sudan, as appropriate.
( 1 ) OJ L 141, 27.5.2011, p. 17.

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L 158/20
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Official Journal of the European Union
19.6.2012
2. All
expenditure
shall
be
managed
in
accordance
with
the 2. The
HR
shall
also
be
authorised
to
release
to
the
United
rules and procedures applicable to the general budget of the
Nations (UN) and the ICAO, in accordance with the operational
Union.
needs of EUAVSEC-South Sudan, EU classified information up
to ‘RESTREINT UE/EU RESTRICTED’ level which are generated
3. Nationals of participating third States and of host and
for the purposes of EUAVSEC-South Sudan, in accordance with
neighbouring countries shall be allowed to tender for contracts.
Decision 2011/292/EU. Arrangements between the HR and the
Subject to the Commission’s approval, the Head of Mission may
competent authorities of UN and ICAO shall be drawn up for
conclude technical arrangements with Member States, partici
this purpose.
pating third States, and other international actors regarding
the provision of equipment, services and premises to
3. In
the
event
of
a
specific
and
immediate
operational
need,
EUAVSEC-South Sudan.
the HR shall also be authorised to release to the host State any
EU classified information up to ‘RESTREINT UE/EU
4. The
financial
arrangements
shall
respect
the
operational RESTRICTED’ level which are generated for the purposes of
requirements of EUAVSEC-South Sudan including compatibility
EUAVSEC-South Sudan, in accordance with Decision
of equipment and interoperability of its teams.
2011/292/EU. Arrangements between the HR and the
competent authorities of the host State shall be drawn up for
5. The
Head
of
Mission
shall
report
fully
to,
and
be this purpose.
supervised by, the Commission on the activities undertaken in
the framework of his/her contract.
4. The
HR
shall
be
authorised
to
release
to
the
third
States
associated with this Decision any EU non-classified documents
6. The
expenditure
related
to
EUAVSEC-South
Sudan
shall
be connected with the deliberations of the Council relating to
eligible as of the date of appointment of the Head of Mission.
EUAVSEC-South Sudan and covered by the obligation of profes
sional secrecy pursuant to Article 6(1) of the Council’s Rules of
Article 14
Procedure ( 1 ).
Consistency of the Union’s response and coordination
5. The
HR
may
delegate
the
powers
referred
to
in
paragraphs
1. The HR shall ensure the consistency of the implemen
1 to 4, as well as the ability to conclude the arrangements
tation of this Decision with the Union’s external action as a
referred to in paragraphs 2 and 3 to persons placed under
whole, including the Union’s development programmes.
his/her authority, to the Civilian Operations Commander
and/or to the Head of Mission.
2. Without
prejudice
to
the
chain
of
command,
the
Head
of
Mission shall act in close coordination with the Union’s
delegation in Juba to ensure the consistency of Union action
Article 16
in South Sudan.
Entry into force and duration
3. The
Head
of
Mission
shall
coordinate
closely
with
Member This Decision shall enter into force on the day of its adoption.
States present in South Sudan.
It shall apply for a period of 19 months.
Article 15
Release of information
Done at Luxembourg, 18 June 2012.
1. The HR shall be authorised to release to the third States
associated with this Decision, as appropriate and in accordance
with the needs of EUAVSEC-South Sudan, EU classified
For the Council
information up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’
level generated for the purposes of EUAVSEC-South Sudan, in
The President
accordance with Decision 2011/292/EU.
M. GJERSKOV
( 1 ) Council Decision 2009/937/EU of 1 December 2009 adopting the
Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).

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