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Official Journal of the European Union
17.7.2012
COUNCIL DECISION 2012/392/CFSP
of 16 July 2012
on the European Union CSDP mission in Niger (EUCAP Sahel Niger)
THE COUNCIL OF THE EUROPEAN UNION,
Sahel Niger shall aim at enabling the Nigerien authorities to
implement the security dimension of their own Strategy for
Having regard to the Treaty on European Union and in
Security and Development, as well as at improving regional
particular Article 28, Article 42(4) and Article 43(2) thereof,
coordination in tackling common security challenges. In
particular, EUCAP SAHEL Niger shall aim at contributing to
Having regard to the proposal from the High Representative of
the development of an integrated, multidisciplinary, coherent,
the Union for Foreign Affairs and Security Policy,
sustainable, and human rights-based approach among the
various Nigerien security actors in the fight against terrorism
and organised crime.
Whereas:
(1) On
21
March
2011,
the
Council
welcomed
the
European
Article 3
Union Strategy for Security and Development in the
Tasks
Sahel, underlining that the Union has a longstanding
interest in reducing insecurity and improving devel
1. In
order
to
fulfil
the
objectives
set
out
in
Article
2,
EUCAP
opment in the Sahel region. More recently, the intensifi
Sahel Niger shall:
cation of terrorist actions and the consequences of the
conflict in Libya have increased the urgency of protecting
Union citizens and interests in the region and preventing
(a) advise and assist in the implementation of the security
the extension of those threats to the Union, while
dimension of the Nigerien Strategy for Security and Devel
helping to reduce regional security threats.
opment at national level, complementary to other actors,
(2)
On 23 March 2012, the Council approved the Crisis
(b) support the development of comprehensive regional and
Management Concept for a possible common security
international coordination in the fight against terrorism
and defence policy (CSDP) civilian mission in the Sahel.
and organised crime,
(3) On
1
June
2012,
the
Prime
Minister
of
Niger
addressed (c) strengthen the rule of law through the development of the
to the High Representative of the Union for Foreign
criminal investigation capacities, and in this context develop
Affairs and Security Policy (HR) an invitation letter
and implement adequate training programmes,
with regard to the planned CSDP mission, welcoming
the Union’s CSDP deployment with the aim of
reinforcing the capacities of the Nigerien Security
(d) support the development of Nigerien Security Forces’
Forces, in particular to fight terrorism and organised
sustainability,
crime in an effective, coherent and coordinated manner.
(e) contribute to the identification, planning and implemen
(4) The
Watch-Keeping
Capability
should
be
activated
for
tation of projects in the security field.
EUCAP Sahel Niger.
(5) EUCAP
Sahel
Niger
will
be
conducted
in
the
context
of
a 2. EUCAP
Sahel
Niger
shall
initially
focus
on
the
activities
situation which may deteriorate and could impede the
mentioned in paragraph 1 which contribute to improving the
achievement of the objectives of the Union’s external
control of the territory of Niger, including in coordination with
action as set out in Article 21 of the Treaty on
the Nigerien Armed Forces.
European Union (TEU),
3. EUCAP Sahel Niger shall not carry out any executive
HAS ADOPTED THIS DECISION:
function.
Article 1
Article 4
Mission
Chain of command and structure
The Union hereby establishes a European Union CSDP mission
in Niger to support the capacity building of the Nigerien
1. EUCAP
Sahel
Niger
shall
have
a
unified
chain
of
security actors to fight terrorism and organised crime (EUCAP
command as a crisis management operation.
Sahel Niger).
2. EUCAP
Sahel
Niger
shall
have
its
Headquarters
in
Niamey.
Article 2
Objectives
3. EUCAP
Sahel
Niger
shall
be
structured
as
follows:
In the context of the implementation of the European Union
Strategy for Security and Development in the Sahel, EUCAP
(a) Head of Mission;

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Union L
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(b) Planning and Operations component, including regional
assigned by the Civilian Operation Commander together with
liaison officers;
administrative and logistic responsibility including over assets,
resources and information placed at the disposal of EUCAP
(c) Mission Support component;
Sahel Niger.
(d) Reporting, Security, Analytical and Advisory/Public
3. The
Head
of
Mission
shall
issue
instructions
to
all
EUCAP
Information elements;
Sahel Niger staff, including the Brussels Support Element and
regional liaison officers, for the effective conduct of the EUCAP
(e) Brussels Support Element.
Sahel Niger in theatre, assuming its coordination and day-to-day
management, and following the instructions at the strategic
4. EUCAP
Sahel
Niger
shall
have
a
Project
Cell
for
identifying level of the Civilian Operation Commander.
and implementing projects. EUCAP Sahel Niger may, as appro
priate, coordinate, facilitate and provide advice on projects
4. The
Head
of
Mission
shall
be
responsible
for
the
imple
implemented by Member States and third States under their
mentation of the budget of EUCAP Sahel Niger. For this
responsibility, in areas related to EUCAP SAHEL Niger and in
purpose, the Head of Mission shall sign a contract with the
support of its objectives.
Commission.
Article 5
5. The Head of Mission shall be responsible for disciplinary
Civilian Operation Commander
control over the staff. For seconded staff, disciplinary action
1. The Civilian Planning and Conduct Capability (CPCC)
shall be exercised by the national authority in accordance
Director shall be the Civilian Operation Commander for
with national rules, by the Union institution concerned or by
EUCAP Sahel Niger.
the EEAS.
2. The
Civilian
Operation
Commander,
under
the
political 6. The
Head
of
Mission
shall
represent
EUCAP
Sahel
Niger
in
control and strategic direction of the Political and Security
the operations area and shall ensure appropriate visibility of
Committee (PSC) and overall authority of the HR, shall
EUCAP Sahel Niger.
exercise command and control of EUCAP Sahel Niger at the
strategic level.
7. The
Head
of
Mission
shall
coordinate,
as
appropriate,
with
other Union actors on the ground. The Head of Mission shall,
3. The
Civilian
Operation
Commander
shall
ensure,
with without prejudice to the chain of command, receive local
regard to the conduct of operations, the proper and effective
political guidance from the Head of Union Delegation in Niger.
implementation of the Council’s decisions as well as the PSC’s
decisions, including by issuing instructions at the strategic level
as required to the Head of Mission and providing him with
8. In the context of the Project Cell, the Head of Mission
advice and technical support.
shall be authorised to seek recourse to financial contributions
from the Member States or third States to implement projects
4. The
Civilian
Operation
Commander
shall
report
to
the identified as supplementing in a consistent manner EUCAP
Council through the HR.
SAHEL Niger’s other actions, if the project is:
5. All
seconded
staff
shall
remain
under
the
full
command
of (a) provided for in the Budgetary Impact Statement relating to
the national authorities of the seconding State in accordance
this Decision; or
with national rules, or the Union institution concerned or of
the European External Action Service (EEAS). Those authorities
(b) included in the course of EUCAP SAHEL Niger in the
shall transfer Operational Control (OPCON) of their personnel,
Budgetary Impact Statement at the request of the Head of
teams and units to the Civilian Operation Commander.
Mission.
6. The
Civilian
Operation
Commander
shall
have
overall
responsibility for ensuring that the Union’s duty of care is
In such a case the Head of Mission shall conclude an
properly discharged.
arrangement with the States concerned, covering in particular
the specific procedures for dealing with any complaint from
third parties concerning damage caused as a result of acts or
7. The Civilian Operation Commander and the Head of
omissions by the Head of Mission in the use of the funds
Union delegation in Niamey shall consult each other as
provided by the contributing States.
required.
Article 6
Under no circumstances shall the Union or the HR be held
liable by contributing States as a result of acts or omissions
Head of Mission
by the Head of Mission in the use of funds from those States.
1. The Head of Mission shall assume responsibility for, and
exercise command and control of, EUCAP Sahel Niger at theatre
Article 7
level and shall be directly responsible to the Civilian Operation
Commander.
Staff
1. EUCAP
Sahel
Niger
shall
consist
primarily
of
staff
2. The
Head
of
Mission
shall
exercise
command
and
control seconded by Member States, Union institutions or the EEAS.
over personnel, teams and units from contributing States as
Each Member State, Union institution, and the EEAS shall

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Official Journal of the European Union
17.7.2012
bear the costs related to any of the staff seconded by it,
and travel expenses to and from Niger, and that they contribute
including travel expenses to and from the place of deployment,
to the running costs of EUCAP Sahel Niger, as appropriate.
salaries, medical coverage and allowances other than applicable
daily allowances.
2. Third
States
contributing
to
EUCAP
Sahel
Niger
shall
have
the same rights and obligations in terms of the day-to-day
2. The
Member
State,
Union
institution,
or
the
EEAS management of EUCAP Sahel Niger as Member States.
respectively shall be responsible for answering any claims
linked to the secondment from or concerning the member of
3.
The Council hereby authorises the PSC to take the relevant
staff seconded, and for bringing any action against that person.
decisions on acceptance of the proposed contributions and to
establish a Committee of Contributors.
3. International
and
local
staff
shall
be
recruited
on
a 4. Detailed
arrangements
regarding
the
participation
of
third
contractual basis by EUCAP Sahel Niger if the functions
States shall be covered by agreements concluded in accordance
required cannot be provided by personnel seconded by
with Article 37 TEU and additional technical arrangements as
Member States. Exceptionally, in duly justified cases, where no
necessary. Where the Union and a third State conclude or have
qualified applicants from Member States are available, nationals
concluded an agreement establishing a framework for the
from participating third States may be recruited on a
participation of that third State in Union crisis-management
contractual basis, as appropriate.
operations, the provisions of that agreement shall apply in the
context of EUCAP Sahel Niger.
4. The
conditions
of
employment
and
the
rights
and
obligations of international and local staff shall be laid down
Article 11
in contracts between the Head of Mission and the members of
Security
staff.
1. The
Civilian
Operation
Commander
shall
direct
the
Head
Article 8
of Mission’s planning of security measures and ensure their
proper and effective implementation by EUCAP Sahel Niger in
Status of EUCAP Sahel Niger and of its staff
accordance with Article 5.
The status of EUCAP Sahel Niger and its staff, including where
2. The
Head
of
Mission
shall
be
responsible
for
the
security
appropriate the privileges, immunities and further guarantees
of EUCAP Sahel Niger and for ensuring compliance with
necessary for the completion and smooth functioning of
minimum security requirements applicable to EUCAP Sahel
EUCAP Sahel Niger, shall be the subject of an agreement
Niger, in line with the policy of the Union on the security of
concluded pursuant to Article 37 TEU and in accordance
personnel deployed outside the Union in an operational
with the procedure laid down in Article 218 of the Treaty on
capacity under Title V TEU, and its supporting instruments.
the Functioning of the European Union.
3. The Head of Mission shall be assisted by a Mission
Article 9
Security Officer (MSO), who shall report to the Head of
Mission and also maintain a close functional relationship with
Political control and strategic direction
the EEAS.
1. The
PSC
shall
exercise,
under
the
responsibility
of
the
Council and of the HR, political control and strategic
4. The
EUCAP
Sahel
Niger
staff
shall
undergo
mandatory
direction of EUCAP Sahel Niger. The Council hereby authorises
security training before taking up their duties, in accordance
the PSC to take the relevant decisions in accordance with the
with the OPLAN. They shall also receive regular in-theatre
third paragraph of Article 38 TEU. This authorisation shall
refresher training organised by the MSO.
include the powers to appoint a Head of Mission, upon a
proposal of the HR, and to amend the Concept of Operations
5. The
Head
of
Mission
shall
ensure
the
protection
of
EU
Plus (CONOPS Plus) and the Operation Plan (OPLAN). The
classified information in accordance with Council Decision
powers of decision with respect to the objectives and
2011/292/EU of 31 March 2011 on the security rules for
termination of the EUCAP Sahel Niger shall remain vested in
protecting EU classified information ( 1 ).
the Council.
Article 12
2. The
PSC
shall
report
to
the
Council
at
regular
intervals.
Watch-Keeping Capability
The Watch-Keeping Capability shall be activated for EUCAP
3. The
PSC
shall
receive,
on
a
regular
basis
and
as
required, Sahel Niger.
reports by the Civilian Operation Commander and the Head of
Mission on issues within their areas of responsibility.
Article 13
Financial arrangements
Article 10
1. The
financial
reference
amount
intended
to
cover
the
Participation of third States
expenditure related to EUCAP Sahel Niger for the first 12
1. Without
prejudice
to
the
decision-making
autonomy
of months shall be EUR 8 700 000. The financial reference
the Union and its single institutional framework, third States
amount for the subsequent periods shall be decided by the
may be invited to contribute to EUCAP Sahel Niger, provided
Council.
that they bear the cost of the staff seconded by them, including
salaries, all risk insurance cover, daily subsistence allowances
( 1 ) OJ L 141, 27.5.2011, p. 17.

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2. All
expenditure
shall
be
managed
in
accordance
with
the with the needs of EUCAP Sahel Niger, EU classified information
rules and procedures applicable to the general budget of the
up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated
Union.
for the purposes of EUCAP Sahel Niger, in accordance with
Decision 2011/292/EU.
3. Nationals of participating third States and of host and
neighbouring countries shall be allowed to tender for contracts.
2. In
the
event
of
a
specific
and
immediate
operational
need,
Subject to the Commission’s approval, the Head of Mission may
the HR shall also be authorised to release to the host State any
conclude technical arrangements with Member States, partici
EU classified information up to ‘RESTREINT UE/EU
pating third States, and other international actors regarding
RESTRICTED’ level which are generated for the purposes of
the provision of equipment, services and premises to EUCAP
EUCAP Sahel Niger, in accordance with Decision 2011/292/EU.
Sahel Niger.
Arrangements between the HR and the competent authorities of
the host State shall be drawn up for this purpose.
4. The
financial
arrangements
shall
respect
the
operational
requirements of EUCAP Sahel Niger including compatibility of
equipment and interoperability of its teams.
3. The
HR
shall
be
authorised
to
release
to
the
third
States
associated with this Decision any EU non-classified documents
5. The
Head
of
Mission
shall
report
fully
to,
and
be connected with the deliberations of the Council relating to
supervised by, the Commission on the activities undertaken in
EUCAP Sahel Niger and covered by the obligation of profes
the framework of his/her contract.
sional secrecy pursuant to Article 6(1) of the Council’s Rules of
Procedure ( 1 ).
6. The
expenditure
related
to
EUCAP
Sahel
Niger
shall
be
eligible as of the date of adoption of this Decision.
4. The
HR
may
delegate
the
powers
referred
to
in
paragraphs
1 to 3, as well as the ability to conclude the arrangements
Article 14
referred to in paragraph 2 to persons placed under his/her
Consistency of the Union’s response and coordination
authority, to the Civilian Operations Commander and/or to
the Head of Mission.
1. The HR shall ensure the consistency of the implemen
tation of this Decision with the Union’s external action as a
Article 16
whole, including the Union’s development programmes.
Entry into force and duration
2. Without
prejudice
to
the
chain
of
command,
the
Head
of This Decision shall enter into force on the day of its adoption.
Mission shall act in close coordination with the Union’s
delegation in Niamey to ensure the consistency of Union
action in Niger.
It shall apply for a period of 24 months.
3. The
Head
of
Mission
shall
coordinate
closely
with
Member
States’ Heads of Missions present in Niger.
Done at Brussels, 16 July 2012.
Article 15
Release of information
For the Council
1. The HR shall be authorised to release to the third States
The President
associated with this Decision, as appropriate and in accordance
S. ALETRARIS
( 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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