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23.1.2013 Official
Journal
of
the
European
Union L
20/57
COUNCIL DECISION 2013/44/CFSP
of 22 January 2013
amending and extending Decision 2010/96/CFSP on a European Union military mission to
contribute to the training of Somali security forces
THE COUNCIL OF THE EUROPEAN UNION,
peace building, service delivery, international relations
and unity, where the security sector reform is considered
a basic foundation to constitute a viable Somali state, and
Having regard to the Treaty on European Union, and in
requested the High Representative of the Union for
particular Articles 42(4) and 43(2) thereof,
Foreign Affairs and Security Policy (HR) to continue the
Union’s engagement in support of Somalia.
Having regard to the proposal by the High Representative of the
Union for Foreign Affairs and Security Policy,
(7) The
Government
of
Uganda
has
expressed
its
satisfaction
with the partnership with the Union built around the EU
Whereas:
military mission and its willingness to continue
cooperating in this context.
(1) On
15
February
2010,
the
Council
adopted
Decision
2010/96/CFSP ( 1 ).
(8) On
27
November
2012,
the
Prime
Minister
of
the
Somali Republic addressed an invitation letter to the
(2) On
28
July
2011,
the
Council
adopted
Decision
HR with regard to the deployment of the EU military
2011/483/CFSP ( 2 ) amending and extending Decision
mission, welcoming the Union’s support to the training
2010/96/CFSP for a further period of one year.
of the Somali Armed Forces.
(3) On
14
May
2012,
the
Council
underlined
the
importance (9) On
10
December
2012,
the
Council
approved
the
of ultimately handing over security responsibilities to
revised crisis management concept for the EU military
Somali authorities and, to that end, of enhancing the
mission.
international support to the Somali National Security
Forces (SNSF). It commended the contribution of
trained Somali soldiers in bringing security to Somalia
(10) In
accordance
with
Article
5
of
the
Protocol
on
the
and committed itself to continue supporting, through the
position of Denmark annexed to the Treaty on
EU military mission, the development of the SNSF
European Union and to the Treaty on the Functioning
including their command and control structure, in
of the European Union, Denmark does not participate in
cooperation with the African Union Mission in Somalia
the elaboration and implementation of decisions and
(AMISOM), Uganda, the United States of America and
actions of the Union which have defence implications.
other relevant actors.
Denmark does not participate in the implementation of
this Decision and therefore does not participate in the
(4) The
United
Nations
Secretary-General,
in
his
report
to
financing of this mission.
the Security Council dated 1 May 2012, recommended
encouraging the international community to invest
seriously in the long-term recovery and development of
(11) The
EU
military
mission
should
be
further
extended
with
Somalia, including through support for the strengthening
an adapted mandate,
of the security sector.
HAS ADOPTED THIS DECISION:
(5) The
second
International
Conference
on
Somalia,
held
in
Istanbul on 31 May and 1 June 2012, commended the
Union for its support to AMISOM and to the Somali
Article 1
security institutions. The Conference recognised the
need for the international community to continue
Decision 2010/96/CFSP is hereby amended as follows:
supporting the re-establishment of a professional,
inclusive, disciplined and well-equipped security
apparatus, including the Somali national army, police,
(1) Article 1 is replaced by the following:
navy, coastguard and intelligence agencies, and
emphasised the need to bring all Somali forces under a
‘Article 1
unified command.
Mission
(6) The
President
of
the
Somali
Republic
adopted
a
six-pillar
1. The
Union
shall
conduct
a
military
training
mission,
policy aiming to promote stability, economic recovery,
in order to contribute to the building up and strengthening
of the Somali National Armed Forces ('SNAF') accountable
( 1 ) OJ L 44, 19.2.2010, p. 16.
to the Somali National Government, consistent with Somali
( 2 ) OJ L 198, 30.7.2011, p. 37.
needs and priorities.

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L 20/58
EN
Official Journal of the European Union
23.1.2013
2. In
order
to
achieve
the
objectives
set
out
in
paragraph
The EU Operations Centre shall, in accordance with its
1, the EU military mission shall be deployed in Somalia and
mandate laid down in Council Decision 2012/173/CFSP
in Uganda in order to mentor, advise and support the
of 23 March 2012 on the activation of the EU Operations
Somali authorities with regard to the build-up of SNAF,
Centre for the Common Security and Defence Policy
the implementation of the Somali National Security and
missions and operation in the Horn of Africa (*), facilitate
Stabilisation Plan and SNAF training activities. The EU
such coordination and information exchange with a view to
military mission shall also be ready to provide support,
increasing coherence, efficiency and synergies between the
within its means and capabilities, to other Union actors in
Common Security and Defence Policy missions and
the implementation of their respective mandates in the
operation in the region.
security and defence area in Somalia.
4. The
EU
military
mission
shall
operate
in
close
3. The
implementation
of
the
mandated
activities
in
cooperation with other international actors in the region,
Somalia shall depend on the security conditions in
in particular the United Nations, AMISOM, and the United
Somalia and political guidance by the Political and
States of America and Uganda in line with agreed
Security Committee.’.
requirements of the Somali National Government.
(2) Article 2(1) is replaced by the following:
___________
(*) OJ L 89, 27.3.2012, p. 66.".
‘1. Brigadier
General
Gerald AHERNE is hereby appointed
EU Mission Commander with effect from 1 February 2013.’.
(5) Article 10 is replaced by the following:
(3) Article 3 is replaced by the following:
‘Article 10
Financial arrangements
"Article 3
1. The
common
costs
of
the
EU
military
mission
shall
be
Designation of the Mission Headquarters
administered in accordance with Council Decision
1. The
Mission
Headquarters
shall
initially
remain
located
2011/871/CFSP of 19 December 2011 establishing a
in Uganda with a view to their possible transfer to Somalia
mechanism to administer the financing of the common
in the course of the mandate in accordance with the
costs of European Union operations having military or
planning documents. It shall perform the functions of
defence implications (Athena) (*) ('ATHENA').
both Operational Headquarters and Force Headquarters.
2. The
financial
reference
amount
for
the
common
costs
2. The
Mission
Headquarters
shall
include
a
liaison
office
of the EU military mission for the period until 9 August
in Nairobi and a support cell in Brussels.".
2011 shall be EUR 4,8 million. The percentage of the
reference amount referred to in Article 25(1) of ATHENA
shall be 60 %.
(4) Article 7 is replaced by the following:
3. The
financial
reference
amount
for
the
common
costs
of the EU military mission for the period from 9 August
"Article 7
2011 until 31 December 2012 shall be EUR 4,8 million.
Consistency of the Union’s response and coordination
The percentage of this reference amount referred to in
Article 25(1) of ATHENA shall be 30 %.
1. The HR shall ensure the consistency of the implemen
tation of this Decision with the Union’s external action as a
whole, including the Union’s development programmes.
4. The
financial
reference
amount
for
the
common
costs
of the EU military mission for the period starting on
1 January 2013 shall be EUR 11,6 million. The percentage
2. Without prejudice to the chain of command, the EU
of this reference amount referred to in Article 25(1) of
Mission Commander shall receive local political guidance
ATHENA shall be 20
%, and the percentage for
from the EU Special Representative for the Horn of Africa
commitment referred to in Article 32(3) of ATHENA shall
and relevant Union delegations in the region.
be 30 %.
3. The
EU
military
mission
shall
maintain
and
enhance
___________
coordination with EUNAVFOR Atalanta and EUCAP Nestor.
(*) OJ L 343, 23.12.2011, p. 35.’.

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EN
23.1.2013 Official
Journal
of
the
European
Union L
20/59
(6) Article 11 is replaced by the following:
4. The HR shall be authorised to release to the third
States associated with this Decision any EU non-classified
"Article 11
documents connected with the deliberations of the Council
relating to the Mission and covered by the obligation of
Release of information
professional secrecy pursuant to Article 6(1) of the
1. The
HR
shall
be
authorised
to
release
to
the
third
Council’s Rules of Procedure (**).
States associated with this Decision, as appropriate and in
accordance with the needs of the Mission, EU classified
5. The
HR
may
delegate
such
authorisations,
as
well
as
information generated for the purposes of the Mission, in
the ability to conclude the arrangements referred to above
accordance with Council Decision 2011/292/EU of
to staff of the European External Action Service and/or to
31 March 2011 on the security rules for protecting EU
the EU Mission Commander.
classified information (*):
___________
(a) up to the level provided in the applicable Security of
(*) OJ L 141, 27.5.2011, p. 17.
Information Agreements concluded between the Union
(**) Council Decision 2009/937/EU of 1 December 2009
and the third State concerned;
adopting the Council’s Rules of Procedure (OJ L 325,
11.12.2009, p. 35).".
(b) or up to the “CONFIDENTIEL UE/EU CONFIDENTIAL”
level in other cases.
(7) In Article 12, paragraph 2 is replaced by the following:
2. The
HR
shall
also
be
authorised
to
release
to
the
United Nations (UN) and the African Union (AU) in
"2. The
mandate
of
the
EU
military
mission
shall
end
on
accordance with the operational needs of the Mission, EU
31 March 2015.".
classified information up to “RESTREINT UE/EU
RESTRICTED” level which are generated for the purposes
Article 2
of the Mission, in accordance with Decision 2011/292/EU.
Arrangements between the HR and the competent auth
This Decision shall enter into force on the date of its adoption.
orities of the UN and the AU shall be drawn up for this
purpose.
It shall apply from 1 January 2013.
3. In the event of a specific and immediate operational
need, the HR shall also be authorised to release to the host
State any EU classified information up to “RESTREINT
Done at Brussels, 22 January 2013.
UE/EU RESTRICTED” level which are generated for the
purposes of the Mission, in accordance with Decision
For the Council
2011/292/EU. Arrangements between the HR and the
competent authorities of the host State shall be drawn up
The President
for that purpose.
M. NOONAN

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