HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 187/40
EN
Official Journal of the European Union
17.7.2012
COUNCIL DECISION 2012/389/CFSP
of 16 July 2012
on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa
(EUCAP NESTOR)
THE COUNCIL OF THE EUROPEAN UNION,
self-sustainable capacity for continued enhancement of their
maritime security including counter-piracy, and maritime
Having regard to the Treaty on European Union, and in
governance. EUCAP NESTOR shall have initial geographic
particular Article 28, Article 42(4) and Article 43(2) thereof,
focus on Djibouti, Kenya, the Seychelles and Somalia. EUCAP
NESTOR shall also be deployed in Tanzania, following receipt
Having regard to the proposal from the High Representative of
by the Union of an invitation from the Tanzanian authorities.
the Union for Foreign Affairs and Security Policy,
Whereas:
Article 3
Tasks
(1) On
14
November
2011,
the
Council
adopted
a
Strategic
Framework for the Horn of Africa to guide the EU’s
1. In
order
to
achieve
the
objective
set
out
in
Article
2,
the
engagement in the region.
tasks of EUCAP NESTOR shall be to:
(2) On
8
December
2011,
the
Council
adopted
Decision (a) assist authorities in the region in achieving the efficient
2011/819/CFSP ( 1 ) appointing a European Union
organisation of the maritime security agencies carrying out
Special Representative for the Horn of Africa.
the coast guard function;
(3) On
16
December
2011,
the
Council
agreed
on
the
Crisis
Management Concept for the Regional Maritime Capacity
(b) deliver training courses and training expertise to strengthen
Building Mission.
the maritime capacities of the States in the region, initially

Djibouti, Kenya and the Seychelles, with a view to achieving
(4) On
23
March
2012,
the
Council
adopted
Decision
self-sustainability in training;
2012/173/CFSP ( 2 ) activating the EU Operations Centre
for the Common Security and Defence Policy missions
(c) assist Somalia in developing its own land-based coastal
and operation in the Horn of Africa.
police capability supported by a comprehensive legal and
regulatory framework;
(5) The
Governments
of
Djibouti,
Kenya
and
the
Seychelles,
and the Transitional Federal Government of Somalia have
(d) identify priority equipment capability gaps and provide
welcomed the deployment of the Mission in their coun
assistance in addressing them, as appropriate, to meet the
tries.
objective of EUCAP NESTOR;
(6)
On 18 June 2007, the Council approved the Guidelines
(e) provide assistance in strengthening national legislation and
for Command and Control Structure for the EU Civilian
the rule of law through a regional legal advisory
Operations in Crisis Management.
programme, and legal expertise to support the drafting of
maritime security and related national legislation;
(7) The
Watch-Keeping
Capability
should
be
activated
for
the
Mission established by this Decision.
(f) promote regional cooperation between national authorities
(8) The
Mission
will
be
conducted
in
the
context
of
a
responsible for maritime security;
situation which may deteriorate and could impede the
achievement of the objectives of the Union’s external
(g) strengthen regional coordination in the field of maritime
action as set out in Article 21 of the Treaty on
capacity building;
European Union (TEU),
(h) provide strategic advice through the assignment of experts
HAS ADOPTED THIS DECISION:
to key administrations;
Article 1
(i) implement mission projects and coordinate donations;
Mission
The Union hereby establishes a Regional Maritime Capacity
(j) develop and conduct a regional information and communi
Building Mission in the Horn of Africa (EUCAP NESTOR).
cation strategy.
Article 2
2. EUCAP
NESTOR
shall
not
carry
out
any
executive
function.
Mission Statement
The objective of EUCAP NESTOR is to assist the development
Article 4
in the Horn of Africa and the Western Indian Ocean States of a
Chain of command and structure
( 1 ) OJ L 327, 9.12.2011, p. 62.
1. EUCAP
NESTOR
shall
have
a
unified
chain
of
command
( 2 ) OJ L 89, 27.3.2012, p. 66.
as a crisis management operation.

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EN
17.7.2012 Official
Journal
of
the
European
Union L
187/41
2. EUCAP
NESTOR
shall
be
structured
as
follows:
2. The
Head
of
Mission
shall
exercise
command
and
control
over personnel, teams and units from contributing States as
(a) Mission Headquarters in Djibouti;
assigned by the Civilian Operation Commander together with
administrative and logistic responsibility including over assets,
(b) country offices, as appropriate.
resources and information placed at the disposal of EUCAP
NESTOR.
3. EUCAP
NESTOR
shall
have
a
Project
Cell
for
identifying
and implementing projects. EUCAP NESTOR may, as appro
3. The
Head
of
Mission
shall
issue
instructions
to
all
EUCAP
priate, coordinate, facilitate and provide advice on projects
NESTOR staff for the effective conduct of EUCAP NESTOR in
implemented by Member States and third States under their
theatre, assuming its coordination and day-to-day management,
responsibility, in areas related to EUCAP NESTOR and in
and following the instructions at the strategic level of the
support of its objective.
Civilian Operation Commander.
Article 5
4. The
Head
of
Mission
shall
be
responsible
for
the
imple
mentation of the budget of EUCAP NESTOR. For this purpose,
Civilian Operation Commander
the Head of Mission shall sign a contract with the Commission.
1. The Civilian Planning and Conduct Capability (CPCC)
Director shall be the Civilian Operation Commander for
5. The Head of Mission shall be responsible for disciplinary
EUCAP NESTOR.
control over the staff. For seconded staff, disciplinary action
shall be exercised by the national authority in accordance
2. The
Civilian
Operation
Commander,
under
the
political with national rules, by the Union institution concerned or by
control and strategic direction of the Political and Security
EEAS.
Committee (PSC) and overall authority of the High Represen
tative of the Union for Foreign Affairs and Security Policy (HR),
6. The
Head
of
Mission
shall
represent
EUCAP
NESTOR
in
shall exercise command and control of EUCAP NESTOR at the
the operations area and shall ensure appropriate visibility of
strategic level.
EUCAP NESTOR.
3. The
Civilian
Operation
Commander
shall
ensure,
with 7. The
Head
of
Mission
shall
coordinate,
as
appropriate,
with
regard to the conduct of operations, proper and effective imple
other Union actors on the ground. The Head of Mission shall,
mentation of the Council’s decisions as well as the PSC’s deci
without prejudice to the chain of command, receive local
sions, including by issuing instructions at the strategic level as
political guidance from the EUSR, in close coordination with
required to the Head of Mission and providing him with advice
the relevant Heads of Union delegations in the region.
and technical support.
8. In the context of the Project Cell, the Head of Mission
4. The EU Operations Centre activated by Decision shall be authorised to seek recourse to financial contributions
2012/173/CFSP shall provide direct support to the Civilian
from the Member States or third States to implement projects
Operation Commander for the operational planning and
identified as supplementing in a consistent manner the other
conduct of EUCAP NESTOR.
actions of EUCAP NESTOR, if the project is:
5. The
Civilian
Operation
Commander
shall
report
to
the (a) provided for in the Budgetary Impact Statement relating to
Council through the HR.
this Decision; or
6. All
seconded
staff
shall
remain
under
the
full
command
of (b) included in the course of EUCAP NESTOR in the Budgetary
the national authorities of the seconding State in accordance
Impact Statement at the request of the Head of Mission.
with national rules, of the Union institution concerned or of
the European External Action Service (EEAS). National auth
In such cases the Head of Mission shall conclude an
orities shall transfer Operational Control (OPCON) of their
arrangement with the States concerned, covering in particular
personnel, teams and units to the Civilian Operation
the specific procedures for dealing with any complaint from
Commander.
third parties concerning damage caused as a result of acts or
omissions by the Head of Mission in the use of the funds
7. The
Civilian
Operation
Commander
shall
have
overall provided by the contributing States.
responsibility for ensuring that the Union’s duty of care is
properly discharged.
Under no circumstances may the Union or the HR be held
liable by contributing States as a result of acts or omissions
8. The
Civilian
Operation
Commander,
the
European
Union by the Head of Mission in the use of funds provided by the
Special Representative for the Horn of Africa (EUSR) and the
contributing States.
Heads of Union delegations in the region shall consult each
other as required.
Article 7
Article 6
Staff
Head of Mission
1. EUCAP
NESTOR
shall
consist
primarily
of
staff
seconded
by Member States, Union institutions or EEAS. Each Member
1. The Head of Mission shall assume responsibility for, and
State or Union institution, or EEAS shall bear the costs related
exercise command and control of, EUCAP NESTOR at theatre
to any of the staff seconded by it, including travel expenses to
level and shall be directly responsible to the Civilian Operation
and from the place of deployment, salaries, medical coverage
Commander.
and allowances other than applicable daily allowances.

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L 187/42
EN
Official Journal of the European Union
17.7.2012
2.
The State or Union institution, or EEAS having seconded a
2. Third
States
contributing
to
EUCAP
NESTOR
shall
have
member of staff shall be responsible for answering any claims
the same rights and obligations in terms of the day-to-day
linked to the secondment, either from or concerning the
management of EUCAP NESTOR as Member States.
member of staff, and for bringing any action against the
seconded person.
3.
The Council hereby authorises the PSC to take the relevant
decisions on acceptance of the proposed contributions and to
3. International
and
local
staff
may
also
be
recruited
by establish a Committee of Contributors.
EUCAP NESTOR on a contractual basis if the functions
required are not provided by personnel seconded by Member
4. Detailed
arrangements
regarding
the
participation
of
third
States. Exceptionally, in duly justified cases, where no qualified
States shall be covered by agreements concluded in accordance
applications from Member States are available, nationals from
with Article 37 TEU and additional technical arrangements as
participating third States may be recruited on a contractual
necessary. Where the Union and a third State conclude an
basis, as appropriate.
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
EUCAP NESTOR.
in the contracts between the Head of Mission and the members
of staff concerned.
Article 11
Security
Article 8
1. The
Civilian
Operation
Commander
shall
direct
the
Head
Status of EUCAP NESTOR and of its staff
of Mission’s planning of security measures and ensure their
proper and effective implementation by EUCAP NESTOR in
The status of EUCAP NESTOR and its staff, including, where
accordance with Article 5.
appropriate, the privileges, immunities and further guarantees
necessary for the completion and smooth functioning of
EUCAP NESTOR, shall be the subject of an agreement
2. The
Head
of
Mission
shall
be
responsible
for
the
security
concluded pursuant to Article 37 TEU and in accordance
of EUCAP NESTOR and for ensuring compliance with
with the procedure laid down in Article 218 of the Treaty on
minimum security requirements applicable to EUCAP
the Functioning of the European Union.
NESTOR, in line with the policy of the Union on the security
of personnel deployed outside the Union in an operational
capacity under Title V TEU, and its supporting instruments.
Article 9
Political control and strategic direction
3. The
Head
of
Mission
shall
be
assisted
by
a
Senior
Mission
Security Officer (SMSO), who shall report to the Head of
1. The
PSC
shall
exercise,
under
the
responsibility
of
the Mission and also maintain a close functional relationship with
Council and of the HR, political control and strategic
the EEAS.
direction of EUCAP NESTOR. The Council hereby authorises
the PSC to take the relevant decisions for this purpose in
4. EUCAP
NESTOR
staff
shall
undergo
mandatory
security
accordance with the third paragraph of Article 38 TEU. This
training before taking up their duties, in accordance with the
authorisation shall include the powers to appoint a Head of
OPLAN. They shall also receive regular in-theatre refresher
Mission, upon a proposal from the HR, and to amend the
training organised by the SMSO.
Concept of Operations (CONOPS) and the Operation Plan
(OPLAN). The powers of decision with respect to the objectives
and termination of EUCAP NESTOR shall remain vested in the
5. The
Head
of
Mission
shall
ensure
the
protection
of
EU
Council.
classified information in accordance with Council Decision
2011/292/EU of 31 March 2011 on the security rules for
protecting EU classified information ( 1 ).
2. The
PSC
shall
report
to
the
Council
at
regular
intervals.
Article 12
3. The
PSC
shall
receive,
on
a
regular
basis
and
as
required,
reports by the Civilian Operation Commander and the Head of
Watch-Keeping Capability
Mission on issues within their areas of responsibility.
The Watch-Keeping Capability shall be activated for EUCAP
NESTOR.
Article 10
Article 13
Participation of third States
Financial arrangements
1. Without
prejudice
to
the
decision-making
autonomy
of
the Union and its single institutional framework, third States
1. The
financial
reference
amount
intended
to
cover
the
may be invited to contribute to EUCAP NESTOR, provided that
expenditure related to EUCAP NESTOR for the first 12
they bear the cost of the staff seconded by them, including
months following the entry into force of this Decision shall
salaries, all risk insurance cover, daily subsistence allowances
be EUR 22 880 000. The financial reference amount for the
and travel expenses to and from the place of deployment,
subsequent periods shall be decided by the Council.
and that they contribute to the running costs of EUCAP
NESTOR, as appropriate.
( 1 ) OJ L 141, 27.5.2011, p. 17.

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EN
17.7.2012 Official
Journal
of
the
European
Union L
187/43
2. All
expenditure
shall
be
managed
in
accordance
with
the with the needs of EUCAP NESTOR, 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 NESTOR, in accordance with
Decision 2011/292/EU.
3. Subject to the Commission’s approval, the Head of
Mission may conclude technical arrangements with Member
2. The
HR
shall
also
be
authorised
to
release
to
the
UN
and
States, participating third States and other international actors
the African Union (AU) in accordance with the operational
regarding the provision of equipment, services and premises to
needs of EUCAP NESTOR, EU classified information up to
EUCAP NESTOR.
‘RESTREINT UE/EU RESTRICTED’ level generated for the
4. The
financial
arrangements
shall
respect
the
operational purposes of EUCAP NESTOR, in accordance with Decision
requirements of EUCAP NESTOR including compatibility of
2011/292/EU. Arrangements between the HR and the
equipment and interoperability of its teams.
competent authorities of UN and AU shall be drawn up for
this purpose.
5. The
Head
of
Mission
shall
report
fully
to,
and
be
supervised by, the Commission regarding the activities
3. In
the
event
of
a
specific
and
immediate
operational
need,
undertaken in the framework of his/her contract.
the HR shall also be authorised to release to the host State any
EU classified information up to ‘RESTREINT UE/EU
6. The
expenditure
incurred
shall
be
eligible
as
of
the
date
of RESTRICTED’ level generated for the purposes of EUCAP
entry into force of this Decision.
NESTOR, in accordance with Decision 2011/292/EU.
Article 14
Arrangements between the HR and the competent authorities
of the host State shall be drawn up for this purpose.
Consistency of the Union’s response and coordination
4. The
HR
shall
be
authorised
to
release
to
the
third
States
1. The HR shall ensure the consistency of the implemen
associated with this Decision any EU non-classified documents
tation of this Decision with the Union’s external action as a
connected with the deliberations of the Council relating to
whole, including the Union’s development programmes.
EUCAP NESTOR and covered by the obligation of professional
2. Without
prejudice
to
the
chain
of
command,
the
Head
of secrecy pursuant to Article 6(1) of the Council’s Rules of
Mission shall act in close coordination with the Union
Procedure ( 1 ).
delegations in the region to ensure the consistency of Union
action in the Horn of Africa region.
5. The
HR
may
delegate
the
powers
referred
to
in
paragraphs
1 to 4, as well as the ability to conclude the arrangements
3. The
Head
of
Mission
shall
coordinate
closely
with
Union referred to in paragraphs 2 and 3 to persons placed under
and Member States’ Heads of Mission in the region.
his/her authority, to the Civilian Operations Commander
and/or to the Head of Mission.
4. The
Head
of
Mission
shall
cooperate
with
the
other
inter
national actors in the region, in particular the United Nations
Article 16
(UN) Political Office for Somalia, the UN Office on Drugs and
Crime, the UN Development Programme and the International
Entry into force and duration
Maritime Organisation.
This Decision shall enter into force on the day of its adoption.
5. The
Head
of
Mission
shall
coordinate
closely
with
EUNAVFOR Atalanta, the European Union military mission to
It shall apply for a period of 24 months.
contribute to the training of Somali security forces (EUTM
Somalia), the Maritime Security Project and the Critical
Maritime Routes Programme.
Done at Brussels, 16 July 2012.
Article 15
Release of information and documents
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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