26.5.2005 Official Journal of the European Union L 132/17 (Acts adopted under Title V of the Treaty on European Union) COUNCIL DECISION 2005/395/CFSP of 10 May 2005 amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 28(1) thereof, Having regard to the Treaty establishing the European Community, in particular Article 207(2) thereof, Whereas: (1) The current organisation and structure of the Military Staff of the European Union (EUMS) do not take account of a number of its new tasks. (2)  Furthermore, regarding the conduct of autonomous military operations, in certain circumstances the Council may decide, upon the advice of the EU Military Committee, to draw on the collective capacity of the EUMS, in particular where a joint civil-military response is required and where no national Headquarters is identified. (3)  As a result, it is necessary to amend the terms of reference and organisation of the EUMS. (40 On 12 April 2005 the Political and Security Committee recommended that the terms of reference and organi- sation of the EUMS be amended. (5)  Consequently, Decision 2001/80/CFSP (!) should be amended, HAS DECIDED AS FOLLOWS: Article 1 Council Decision 2001/80/CFSP is hereby amended as follows: () O] L 27, 30.1.2001, p. 7. 1. Article 2 shall be replaced by the following: ‘Article 2 The terms of reference and organisation of the Military Staff of the European Union are defined in the Annex to this Decision.’; 2. Article 4 shall be replaced by the following: ‘Article 4 Members of the Military Staff of the European Union shall be subject to rules established in Council Decision 2003/479/EC of 16 June 2003 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (*); (" O] L 160, 28.6.2003, p. 72.: 3. The Annex to Decision 2001/80/CFSP shall be replaced by the Annex to this Decision. Article 2 This Decision shall enter into force on the date of its adoption. Article 3 This Decision shall be published in the Official Journal of the European Union. Done at Brussels, 10 May 2005. For the Council The President J. KRECKE