19.5.2004   

EN

Official Journal of the European Union

L 182/41

(1)

On 26 January 2004, the Council adopted Common Position 2004/85/CFSP concerning conflict prevention, management and resolution in Africa (1).

(2)

The European Union, through Operation Artemis conducted in the DRC during 2003 under Joint Action 2003/423/CFSP of 5 June 2003 on the EU Military Operation in the Democratic Republic of the Congo (2), has already taken concrete steps to contribute to the re-establishment of security within the DRC.

(3)

On 14 December 2000, the Council adopted Joint Action 2000/792/CFSP (3) appointing Mr Aldo Ajello as the Special Representative of the European Union for the African Great Lakes Region, and repealing Joint Action 96/250/CFSP. The Joint Action was last amended and extended by Joint Action 2003/869/CFSP of 8 December 2003 (4).

(4)

The Council on 29 September 2003 adopted Common Position 2003/680/CFSP (5) amending Common Position 2002/829/CFSP on the supply of certain equipment to the Democratic Republic of the Congo.

(5)

The global and all-inclusive Agreement on the transition in the Democratic Republic of the Congo, signed in Pretoria on 17 December 2002 and the Memorandum on Security and the Army of 29 June 2003 provided for the establishment of an Integrated Police Unit (IPU).

(6)

On 28 July 2003 the United Nations Security Council adopted Resolution 1493 (2003) in which it expresses satisfaction at the promulgation, on 4 April 2003, of the Transitional Constitution in the Democratic Republic of the Congo and at the formation, announced on 30 June 2003, of the Government of National Unity and Transition. It also encourages donors to support the establishment of an integrated Congolese police unit and approves the provision by the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) of the additional assistance that might be needed for its training.

(7)

The current security situation in the DRC may deteriorate with potentially serious repercussions on the process of strengthening of democracy, the rule of law and international and regional security. A commitment of EU political effort and resources will help to embed stability in the region.

(8)

On 20 October 2003, the government of the DRC addressed an official request to the High Representative for the CFSP for European Union assistance in setting up the IPU, which should contribute to ensuring the protection of the State institutions and reinforce the internal security apparatus.

(9)

The Commission has adopted a financing decision on the European Development Fund (EDF) for a project which includes technical assistance, rehabilitation of the training centre and the provision of equipment for the IPU (with the exception of arms and anti-riot equipment), as well as adequate training.

(10)

As a prerequisite to the training of the IPU and to its functioning later on, EU Member States have agreed to provide contributions, either financially or in kind. In addition to the Member State contributions, the European Union will offer financial assistance for the setting up of the IPU from the EU Budget.

(11)

All these contributions and assistance should be subject to conditions on use regarding notably auditing, accountability and traceability to be laid down in a Memorandum of Understanding between the contributors and the DRC.

(12)

The Council may decide that the EDF project and the provision of law enforcement equipment, arms and ammunition to the IPU as appropriate be followed by an European Security and Defence Policy (ESDP) component for monitoring, mentoring and advising,

(a)

Member States have agreed to provide contributions;

(b)

the European Union shall provide financial assistance to the DRC government in addition to the contributions provided by the Member States, which will take the form of a grant.

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conditions for auditing, accountability and traceability, including safe storage, of Member State contributions as set out in Annex II, which will be no less stringent than those applicable to the financing agreement referred to in Article 5(2);

—

that conditions for operating and managing these funds, including procurement, shall as far as possible be the same as for the grant referred in Article 5(2);

—

that all financial contributions shall be made directly to the DRC Ministry of the Interior, to the same bank account into which the financial assistance by the EU is transmitted to the DRC government. A triple signatory arrangement would apply (government of the DRC, Technical Assistant/police head of project and the acting EU Presidency). Purchases made with these funds would formally be purchases made by the government of the DRC;

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that all in kind contributions by the Member States shall be provided to, and become the property of, the DRC government and shall be used solely for the purposes stated in Article 1;

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that the Technical Assistant/police head of project will assist Member States that have agreed to make contributions in kind by providing all practical information necessary to smoothly channel those contributions to the DRC Ministry of the Interior;

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that a local Steering Committee, comprised of the Technical Assistant/police head of project, representatives of the Presidency, contributing Member States, the Commission, DRC Ministry of the Interior and MONUC, shall be set up to ensure overall follow-up. It shall in particular supervise compliance with the provisions of the Memorandum of Understanding. The DRC Ministry of Interior shall remain responsible for project implementation.