Input:
1.4.2020
EN
Official Journal of the European Union
L 101/4
COUNCIL DECISION (CFSP) 2020/472
of 31 March 2020
on a European Union military operation in the Mediterranean (EUNAVFOR MED IRINI)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
On 19 January 2020, a Conference was held in Berlin on Libya. Participants committed in particular to unequivocally and fully respecting and implementing the arms embargo established by the United Nations Security Council Resolution (UNSCR) 1970 (2011) and subsequent Resolutions, in particular UNSCRs 2292 (2016) and 2473 (2019).
(2)
On 12 February 2020, in UNSCR 2510 (2020), the United Nations (UN) Security Council welcomed the Berlin Conference on Libya and endorsed its conclusions, noting that those conclusions represent an important element of a comprehensive solution to the situation in Libya. It also demanded full compliance by all UN Member States with the arms embargo, and further demanded all States not to intervene in the conflict or take measures that exacerbate the conflict.
(3)
On 11 February 2020, in UNSCR 2509 (2020), the UN Security Council extended the measures imposed by UNSCR 2146 (2014) to prevent the illicit export from Libya of petroleum, including crude oil and refined petroleum products, and extended the mandate of the Panel of Experts established by UNSCR 1973 (2011).
(4)
On 17 February 2020, the Council reached a political agreement to launch a new operation in the Mediterranean, aimed at implementing the UN arms embargo on Libya by using aerial, satellite and maritime assets. The operation should, as secondary tasks, contribute to the implementation of UN measures to prevent the illicit export of petroleum from Libya, to capacity building and training of the Libyan Coast Guard and Navy, and to the disruption of the business model of human smuggling and trafficking networks. The Area of Operation and the Area of Interest of the operation should be defined in accordance with the agreed mandate in the relevant planning documents.
(5)
In addition, the Council could decide in future to extend the scope of the operation in order to allow for the use of aerial surveillance within Libyan airspace, in accordance with any applicable UNSCR or with the consent of the Libyan authorities, if it assesses that the necessary legal requirements and political conditions are met.
(6)
On 18 May 2015, the Council adopted Decision (CFSP) 2015/778 (1). EUNAVFOR MED operation SOPHIA has been ongoing since that date, and was extended through Council Decision (CFSP) 2019/1595 (2).
(7)
The Political and Security Committee (PSC) should exercise, under the responsibility of the Council and the High Representative of the Union for Foreign Affairs and Security Policy (HR), political control over the operation, provide it with strategic direction and take the relevant decisions in accordance with the third paragraph of Article 38 of the Treaty on European Union (TEU).
(8)
The authorisation of the operation should be reconfirmed every four months and the PSC, in exercising its political control and strategic direction of the operation, should be authorised to take such a decision prolonging the operation unless the deployment of maritime assets of the operation produces a pull effect on migration on the basis of substantiated evidence gathered according to the criteria set in the Operations Plan.
(9)
Pursuant to Article 41(2) TEU and in accordance with Council Decision (CFSP) 2015/528 (3), the operational expenditure arising from this Decision, which has military or defence implications, is to be borne by the Member States.
(10)
In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the Treaty on the Functioning of the European Union (TFEU), Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application, and does not participate in the financing of this operation,
HAS ADOPTED THIS DECISION:
Article 1
Mission
1.   The Union hereby establishes and launches a military crisis management operation to contribute to preventing arms trafficking within its agreed Area of Operation and Area of Interest in accordance with UNSCR 1970 (2011) and subsequent Resolutions on the arms embargo on Libya, including UNSCR 2292 (2016) and UNSCR 2473 (2019). Furthermore, the operation shall contribute to the implementation of UN measures to prevent the illicit export of petroleum from Libya in accordance with UNSCR 2146 (2014) and subsequent Resolutions, in particular UNSCR 2509 (2020) and UNSCR 2510 (2020). In addition, the operation shall assist in the development of the capacities and in the training of the Libyan Coast Guard and Navy in law enforcement tasks at sea. The operation shall also contribute to the disruption of the business model of human smuggling and trafficking networks, in accordance with applicable international law, including the UN Convention on the Law of the Sea, any relevant UNSCR, and international human rights law as applicable.
2.   The operation shall be named EUNAVFOR MED IRINI.
3.   The Area of Operation, the Area of Interest and the detailed arrangements for gathering information in those areas in order to fulfil all the tasks of the operation shall be defined in the relevant planning documents approved by the Council.
Article 2
Contributing to implementation of the UN arms embargo on Libya
1.   EUNAVFOR MED IRINI shall, as its core task, contribute to the implementation of the UN arms embargo on Libya with aerial, satellite and maritime assets.
2.   For that purpose, EUNAVFOR MED IRINI shall gather extensive and comprehensive information on the trafficking of arms and related materiel from all directions and share it with relevant partners and agencies on a case-by-case and need-to-know basis through the mechanisms in the relevant planning documents in order to contribute to a full situational awareness in the Area of Operation and in the Area of Interest. Where such information is classified up to ‘SECRET UE/EU SECRET’ level, it may be exchanged with relevant partners and agencies in accordance with Council Decision 2013/488/EU (4) and based on arrangements concluded at the operational level in accordance with Article 14(9) of this Decision, and in full respect of the principles of reciprocity and inclusiveness. Classified information received shall be handled by EUNAVFOR MED IRINI without any distinction between its staff and solely on the basis of operational requirements.
3.   In accordance with the relevant UNSCRs, in particular UNSCR 2292 (2016), and as required, EUNAVFOR MED IRINI shall carry out, in accordance with the arrangements set out in the planning documents, and within the agreed Area of Operation on the high seas off the coast of Libya, inspections of vessels bound to or from Libya where there are reasonable grounds to believe that such vessels are carrying arms or related materiel to or from Libya, directly or indirectly, in violation of the arms embargo on Libya. EUNAVFOR MED IRINI shall take relevant action to seize and dispose of such items, including with a view to diverting such vessels and their crews to a suitable port to facilitate such disposal, with the consent of the port State, in accordance with relevant UNSCRs including UNSCR 2292 (2016).
4.   EUNAVFOR MED IRINI shall report to the PSC on all issues and events related to such inspections. The PSC may consider any subsequent measures, as appropriate.
5.   In view of the exceptional operational requirements, and upon invitation from a Member State, EUNAVFOR MED IRINI may divert vessels to ports of that Member State and dispose within that Member State of arms and related materiel seized in accordance with paragraph 3, including by storage and destruction. The ports to which vessels may be diverted shall be designated in the Operations Plan.
6.   In accordance with relevant UNSCRs, including UNSCR 2292 (2016), EUNAVFOR MED IRINI may, in particular in the course of inspections carried out in accordance with paragraph 3, collect and store evidence related to the carriage of items prohibited under the arms embargo on Libya. EUNAVFOR MED IRINI may collect and store, in accordance with applicable law, personal data concerning persons involved in the carriage of such prohibited items related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex, place of residence, profession and whereabouts; driving licenses, identification documents and passport data. EUNAVFOR MED IRINI may transmit such data as well as data related to the vessels and equipment used by such persons, and the relevant information acquired while carrying out this core task, to the relevant law enforcement authorities of Member States and to competent Union bodies in accordance with applicable law.
Article 3
Contributing to implementation of the UN measures against illicit exports of petroleum from Libya
1.   As a secondary task, and within its means and capabilities, EUNAVFOR MED IRINI shall conduct monitoring and surveillance activities and gather information on illicit exports from Libya of petroleum, including crude oil and refined petroleum products, which are contrary to UNSCR 2146 (2014) and subsequent UNSCRs, in particular UNSCR 2509 (2020), thereby contributing to situational awareness in the Area of Operation and in the Area of Interest.
2.   The information gathered in this context may be stored and released to the legitimate Libyan authorities and to the relevant law enforcement authorities of Member States and to competent Union bodies.
Article 4
Capacity building and training of Libyan Coast Guard and Navy
1.   As a further secondary task, EUNAVFOR MED IRINI shall assist in the development of the capacities and in the training of the Libyan Coast Guard and Navy in law enforcement tasks at sea, in particular to prevent human smuggling and trafficking.
2.   The task referred to in paragraph 1 shall be carried out on the high seas in EUNAVFOR MED IRINI’s agreed Area of Operation. It may also be carried out in the territory, including the territorial waters, of Libya or of a host third State neighbouring Libya where the PSC so decides following an assessment by the Council on the basis of an invitation by Libya or the host State concerned, and in accordance with international law.
3.   In view of the exceptional operational requirements, part of the task referred to in paragraph 1 may be conducted in a Member State, upon invitation by that Member State, including in relevant training centres.
4.   For the purpose of the task referred to in paragraph 1, EUNAVFOR MED IRINI shall establish and operate a monitoring mechanism in close coordination with other relevant stakeholders, including where necessary in Libya.
5.   Insofar as required by the task referred to in paragraph 1, EUNAVFOR MED IRINI may collect, store and exchange with the relevant authorities of Member States, competent Union bodies, the UN Support Mission in Libya, INTERPOL, the International Criminal Court and the United States of America the information, including personal data, gathered for the purpose of the vetting procedures on possible trainees, provided that they have given their consent in writing. Moreover, EUNAVFOR MED IRINI may collect and store necessary medical information and biometric data on trainees provided that they have given their consent in writing.
Article 5
Contributing to disruption of the business model of human smuggling and trafficking networks
1.   As another secondary task, and in accordance with UNSCR 2240 (2015), EUNAVFOR MED IRINI shall support the detection and monitoring of human smuggling and trafficking networks through information gathering and patrolling carried out by aerial assets above the high seas, in the agreed Area of Operation.
2.   In carrying out this task, EUNAVFOR MED IRINI may collect and store, in accordance with applicable law, data on human smuggling and trafficking, including crimes relevant to the security of the operation, which it may transmit to the relevant law enforcement authorities of Member States and to competent Union bodies.
Article 6
Appointment of the EU Operation Commander
Rear Admiral Fabio AGOSTINI is hereby appointed EU Operation Commander of EUNAVFOR MED IRINI.
Article 7
Designation of the EU Operation Headquarters
The Operation Headquarters of EUNAVFOR MED IRINI shall be located in Rome, Italy.
Article 8
Political control and strategic direction
1.   Under the responsibility of the Council and of the HR, the PSC shall exercise the political control and strategic direction of EUNAVFOR MED IRINI.
2.   The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38 TEU. This authorisation shall include the powers to amend the planning documents, including the Operations Plan, the Chain of Command and the Rules of Engagement. It shall also include the powers to take decisions on the appointment of the EU Operation Commander and the EU Force Commander. The powers of decision with respect to the objectives and termination of the EU military operation shall remain vested in the Council.
3.   Notwithstanding the period set out in Article 15(2), the authorisation of the operation shall be reconfirmed every four months. The PSC shall prolong the operation unless the deployment of maritime assets of the operation produces a pull effect on migration on the basis of substantiated evidence gathered according to the criteria set in the Operations Plan.
4.   The Operation Commander shall report regularly on the conduct of the operation, including its impact in the Area of Operation. In accordance with Article 38 TEU, the PSC may at any time, upon a request from the HR or a Member State, give direction to the Operation Commander on the deployment of assets.
5.   The PSC shall report to the Council at regular intervals.
6.   The Chairman of the EU Military Committee (EUMC) shall, at regular intervals, report to the PSC on the conduct of EUNAVFOR MED IRINI. The PSC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.
Article 9
Military direction
1.   The EUMC shall monitor the proper execution of EUNAVFOR MED IRINI conducted under the responsibility of the EU Operation Commander.
2.   The EU Operation Commander shall, at regular intervals, report to the EUMC. The EUMC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.
3.   The Chairman of the EUMC shall act as the primary point of contact with the EU Operation Commander.
Article 10
Consistency of the Union’s response and coordination
1.   The HR shall ensure the implementation of this Decision and its consistency with the Union’s external action as a whole, including the Union’s development programmes and its humanitarian assistance.
2.   The HR, assisted by the European External Action Service (EEAS), shall act as the primary point of contact with the UN, the authorities of the countries in the region, and other international and bilateral actors, including NATO, the African Union and the League of Arab States.
3.   EUNAVFOR MED IRINI shall cooperate with the relevant Member State authorities and shall establish a coordination mechanism, and, as appropriate, conclude arrangements with other Union agencies and bodies, in particular Frontex, EUROPOL, EUROJUST, the European Asylum Support Office, the European Union Satellite Centre (SATCEN) and relevant CSDP missions.
4.   EUNAVFOR MED IRINI shall host a Crime Information Cell (CIC) composed of staff of relevant law enforcement authorities of Member States and of Union agencies referred to in paragraph 3, in order to facilitate the receipt, collection and transmission of information, including personal data, on the arms embargo on Libya as referred to in Article 2, on illegal exports from Libya of petroleum as referred to in Article 3, and on human smuggling and trafficking as referred to in Article 5, as well as crimes relevant to the security of the operation.
5.   The processing of personal data in this context shall be carried out in accordance with the law of the flag State of the vessel on which the CIC is located and, with respect to staff of Union agencies, in accordance with the legal framework applicable to the respective agencies.
6.   EUNAVFOR MED IRINI shall be supported by SATCEN and the European Union Intelligence and Situation Centre (INTCEN) in gathering information as necessary to fulfil its tasks.
Article 11
Participation by third States
1.   Without prejudice to the Union’s decision-making autonomy or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States may be invited to participate in the operation.
2.   The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the EU Operations Commander and the EUMC.
3.   Detailed arrangements for the participation by third States shall be the subject of agreements concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 TFEU. Where the Union and a third State have concluded an agreement establishing a framework for the latter’s participation in crisis management missions of the Union, the provisions of such an agreement shall apply in the context of EUNAVFOR MED IRINI.
4.   Third States making significant military contributions to EUNAVFOR MED IRINI shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation.
5.   The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions.
Article 12
Status of Union-led personnel
The status of Union-led units and personnel shall be defined where necessary in accordance with international law.
Article 13
Financial arrangements
1.   The common costs of the EU military operation shall be administered in accordance with Decision (CFSP) 2015/528.
2.   For the period until 31 March 2021, the reference amount for the common costs of EUNAVFOR MED IRINI shall be EUR 9 837 800. The percentage of the reference amount referred to in Article 25(1) of Decision (CFSP) 2015/528 shall be 30 % in commitments and 30 % for payments.
Article 14
Release of Information
1.   The HR shall be authorised to release to designated third States and the International Criminal Court, as appropriate and in accordance with the operational needs of EUNAVFOR MED IRINI and in full respect of the principles of reciprocity and inclusiveness, any EU non-classified documents connected with the deliberations of the Council relating to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (5). The PSC, provided that these conditions are met, shall designate on a case-by-case basis the third States concerned.
2.   The HR shall be authorised to release to designated third States and the International Criminal Court, as appropriate and in accordance with the operational needs of EUNAVFOR MED IRINI, and in full respect of the principles of reciprocity and inclusiveness, EU classified information generated for the purposes of the operation, in accordance with Decision 2013/488/EU, as follows:
(a)
up to the level provided in the applicable Security of Information Agreements concluded between the Union and the third State concerned; or
(b)
up to the ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level in other cases.
The PSC, provided that these conditions are met, shall designate on a case-by-case basis the third States concerned.
3.   Classified information received shall be handled by EUNAVFOR MED IRINI without any distinction between its staff and solely on the basis of operational requirements.
4.   The HR shall also be authorised to release to the UN, in accordance with the operational needs of EUNAVFOR MED IRINI, EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUNAVFOR MED IRINI, in accordance with Decision 2013/488/EU.
5.   The HR shall be authorised to release to INTERPOL relevant information, including personal data, in accordance with the operational needs of EUNAVFOR MED IRINI.
6.   Pending the conclusion of an agreement between the Union and INTERPOL, EUNAVFOR MED IRINI may exchange such information with the National Central Bureaux of INTERPOL of the Member States, in accordance with arrangements to be concluded between the EU Operation Commander and the Head of the relevant National Central Bureau.
7.   In the event of specific operational need, the HR shall be authorised, following approval by the PSC, to release to legitimate Libyan authorities any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level generated for the purposes of EUNAVFOR MED IRINI, in accordance with Decision 2013/488/EU.
8.   The HR shall be authorised to conclude the arrangements necessary to implement the provisions on information exchange in this Decision.
9.   The HR may delegate the authorisations to release information as well as the ability to conclude the arrangements referred to in this Decision to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with section VII of Annex VI to Decision 2013/488/EU.
10.   EUNAVFOR MED IRINI shall transmit without delay to the UN, in accordance with UNSCR 2509 (2020), the information gathered on suspected incidents of non-compliance with the UN arms embargo on Libya as provided in UNSCR 1970 (2011) and subsequent Resolutions, in particular UNSCRs 2292 (2016) and 2473 (2019), as well as the information gathered on suspected incidents of non-compliance with the UN measures to prevent illicit exports of petroleum from Libya as provided in UNSCR 2146 (2014) and subsequent Resolutions.
Article 15
Entry into force and termination
1.   This Decision shall enter into force on the date of its adoption.
2.   EUNAVFOR MED IRINI shall end on 31 March 2021.
3.   This Decision shall be repealed as from the date of closure of the EU Operation Headquarters in accordance with the plans approved for the termination of EUNAVFOR MED IRINI and without prejudice to the procedures regarding the audit and presentation of the accounts of EUNAVFOR MED IRINI laid down in Decision (CFSP) 2015/528.
Done at Brussels, 31 March 2020.
For the Council
The President
A. METELKO-ZGOMBIĆ
(1)  Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (OJ L 122, 19.5.2015, p. 31).
(2)  Council Decision (CFSP) 2019/1595 of 26 September 2019 amending Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (OJ L 248, 27.9.2019, p. 73).
(3)  Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39).
(4)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).
(5)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).

Output:
A European Union military operation in the Mediterranean (European Union Naval Force Mediterranean operation IRINI)
A European Union military operation in the Mediterranean (European Union Naval Force Mediterranean operation IRINI)
SUMMARY OF:
Decision (CFSP) 2020/472 on a European Union military operation in the Mediterranean
WHAT IS THE AIM OF THE DECISION?
It sets up European Union Naval Force Mediterranean (EUNAVFOR MED) operation IRINI (Greek for ‘peace’), whose primary role is to implement the arms embargo on Libya established by United Nations Security Council Resolutions 1970 (2011), 2292 (2016) and 2473 (2019) by using its military aerial, satellite and maritime resources.
Operation IRINI’s secondary tasks are to: prevent the illegal export of oil from Libya;train and develop the Libyan coast guard and navy in their law enforcement duties, particularly against human smuggling and trafficking;help clamp down on human smuggling and trafficking by gathering information and patrolling the high seas.
KEY POINTS

To implement the arms embargo, operation IRINI:
monitors and gathers information on illegal exports of arms and related material, petroleum, crude oil and refined petroleum products;
inspects vessels to and from Libya suspected of carrying arms;
seizes and disposes of any weapons found;
collects personal data of people found trafficking;
shares information it gathers with the relevant national, EU and international authorities;
may divert vessels breaking the arms embargo to a specified port;
establishes a crime information cell of national and EU law enforcement authorities to handle and process the information collected.
Decision (CFSP) 2021/542 amends Decision (CFSP) 2020/472 and specifies the arrangements for disposing of arms and related military equipment seized when implementing the United Nations (UN) arms embargo on Libya, including the storage, destruction and transfer of seized items to an EU Member State or to a third party.
The European Peace Facility, set up under Decision (CFSP) 2021/509 – see summary – bears the costs for storage and disposal of arms and related military equipment seized by operation IRINI within its area of operations, including costs related to the necessary port services. The facility also bears the costs for any financial liability resulting from the diversion of a vessel or from subsequent actions related to the transportation, storage and disposal of the seized items, except in cases of gross negligence or wilful misconduct by the Member State assisting in the disposal or by any of its agents.
The political control and strategic direction of operation IRINI are provided by the following.
The Political and Security Committee, which reconfirms authorisation of the operation every 4 months and reports regularly to EU governments.
The EU Military Committee (set up by Decision 2001/79/CFSP), which monitors the operation.
The High Representative of the Union for Foreign Affairs and Security Policy, who: ensures IRINI is consistent with the EU’s overall foreign policy, including its development programmes and humanitarian assistance;acts as main contact point with the UN and other international and bilateral actors, including countries in the region;may share EU classified and non-classified information with non-EU countries and bodies, such as the International Criminal Court, the UN and Interpol.
Operation IRINI’s initial mandate ran until 31 March 2021. Amending Decision (CFSP) 2021/542 extended the mandate until 31 March 2023.
Operation IRINI’s operational headquarters are in Rome under the command of Rear Admiral Stefano Turchetto.
FROM WHEN DOES THE DECISION APPLY?

It has applied since 31 March 2020.
BACKGROUND
At the Berlin Conference on Libya of 19 January 2020 participants committed to fully respecting and implementing the arms embargo imposed by various UN Security Council resolutions.
EU Member States agreed on 17 February 2020 to launch a new operation in the Mediterranean to implement the UN arms embargo.
At the same time, the EU agreed by Decision (CFSP) 2020/471 to end the EUNAVFOR MED operation Sophia on 31 March 2020. This operation had been launched on 22 June 2015 as part of the EU’s overall approach to migration.
For further information, see: EU launches operation IRINI to enforce Libya arms embargo – press release (Council of the European Union).
MAIN DOCUMENT

Council Decision (CFSP) 2020/472 of 31 March 2020 on a European Union military operation in the Mediterranean (EUNAVFOR MED IRINI) (OJ L 101, 1.4.2020, pp. 4–10).
Successive amendments to Decision (CFSP) 2020/472 have been incorporated in the original text. This consolidated version is of documentary value only.
RELATED DOCUMENTS

Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 (OJ L 102, 24.3.2021, pp. 14–62).
Council Decision (CFSP) 2020/471 of 31 March 2020 repealing Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (OJ L 101, 1.4.2020, p. 3).
last update 11.01.2022


Input:
20.10.2020
EN
Official Journal of the European Union
L 348/1
COUNCIL DECISION (CFSP) 2020/1515
of 19 October 2020
establishing a European Security and Defence College, and repealing Decision (CFSP) 2016/2382
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 28(1) and 42(4) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
On 18 July 2005, the Council adopted Joint Action 2005/575/CFSP (1) establishing the European Security and Defence College ('ESDC'). That Joint Action was replaced on 23 June 2008 by Council Joint Action 2008/550/CFSP (2), which, in turn, was replaced by Council Decision 2013/189/CFSP (3). Finally, Decision 2013/189/CFSP was replaced by Council Decision (CFSP) 2016/2382 (4).
(2)
On 10 and 11 November 2008, the Council adopted the European Young Officers Exchange Scheme, inspired by the Erasmus programme and agreed that an implementing working party will meet within the framework of the Executive Academic Board of the ESDC.
(3)
On 26 June 2020, the ESDC Steering Committee ('Steering Committee') agreed on recommendations on the future perspectives of the ESDC.
(4)
Whilst the staff of the ESDC should consist mainly of seconded national experts, it may be necessary to fill certain critical posts by contracted staff members.
(5)
Pursuant to Council Decision 2010/427/EU (5), which establishes the organisation and functioning of the European External Action Service (EEAS), the EEAS should provide the ESDC with the support previously provided by the General Secretariat of the Council.
(6)
Decision (CFSP) 2016/2382 should therefore be repealed,
HAS ADOPTED THIS DECISION:
CHAPTER I
Establishment, mission, objectives and tasks
Article 1
Establishment
A European Security and Defence College (ESDC) is hereby established.
Article 2
Mission
The ESDC shall provide training and education in the field of the Union's Common Security and Defence Policy (CSDP) in the wider context of the Common Foreign and Security Policy (CFSP) at European level in order to develop and promote a common understanding of CFSP and CSDP among civilian and military personnel and to identify and disseminate best practices in relation to various CFSP and CSDP, issues through its training and education activities ('ESDC training and education activities').
Article 3
Objectives
The ESDC shall have the following objectives:
(a)
to further enhance the common European security and defence culture within the Union and to promote the principles laid down in Article 21(1) of the Treaty on European Union (TEU) outside the Union;
(b)
to promote a better understanding of CSDP as an essential part of CFSP;
(c)
to provide Union instances with knowledgeable personnel able to work efficiently on all CSDP matters within the wider context of CFSP;
(d)
to provide Member States' administrations and staff with knowledgeable personnel familiar with Union policies, institutions and procedures in the field of CSDP;
(e)
to provide CSDP Missions' and Operations' personnel with a common understanding of CSDP Missions' and Operations' functioning principles and a sense of common European identity;
(f)
to provide training and education responding to training and educational needs of CSDP Missions and Operations;
(g)
to support Union partnerships in the field of CSDP, in particular partnerships with those countries participating in CSDP missions;
(h)
to support civilian crisis management including in the field of conflict prevention, and establishing or preserving the conditions necessary for sustainable development;
(i)
to promote the European Initiative for the Exchange of Young Officers;
(j)
to promote PhD-level research in domains related to CSDP;
(k)
to provide Member States' and Union administrations with knowledgeable personnel familiar with Union policies, institutions, procedures and best practices in the field of cyber security and defence;
(l)
to help promote professional relations and contacts among training and education participants.
Where appropriate, attention shall be paid to ensuring consistency with other activities of the Union.
Article 4
Tasks of the ESDC
1.   The main tasks of the ESDC shall be, in accordance with its mission and objectives, to organise and conduct ESDC training and education activities in the field of the CSDP in the wider context of CFSP.
2.   The ESDC training and education activities shall include:
(a)
basic and advanced level courses promoting generic understanding of CFSP and CSDP;
(b)
courses developing leadership;
(c)
courses directly supporting CSDP Missions and Operations, including pre‐deployment and in-mission/in-operation training and education;
(d)
courses supporting EU partnerships and countries participating in CSDP Missions and Operations;
(e)
modules supporting civilian and military training and education in the field of CSDP;
(f)
CSDP courses, seminars, programmes and conferences for specialised audiences or with specific focus;
(g)
common modules run under the European Initiative for the Exchange of Young Officers, inspired by the Erasmus programme; although formally not ESDC training and education activities, the ESDC will also support and promote European semesters and joint master's degrees making use of the common modules referred to in this point;
(h)
cyber awareness and advanced level courses, including in support of CSDP missions and operations;
(i)
courses and seminars aimed at supporting PhD-level research through exchange of best practices and experience.
Other training and education activities shall be undertaken, as decided by the Steering Committee referred to in Article 9.
3.   In addition to the activities referred to in paragraph 2 of this Article, the ESDC shall, in particular:
(a)
support the relations to be established between the institutes referred to in Article 5(1) engaged in the network referred to in that paragraph ('the network');
(b)
run and further develop an e-Learning system to support CSDP training and education activities or, in exceptional circumstances, be used as stand-alone training and education activities;
(c)
develop and produce training and educational material in the field of CSDP also drawing on already existing relevant material;
(d)
support an Alumni Association between former training participants;
(e)
support exchange programmes in the field of CSDP between the Member States' training and educational institutes;
(f)
act as compartment administrator of the Schoolmaster module of the Goalkeeper project and provide contributions to the annual Union Training Programme in CSDP through this module;
(g)
act as administrator of the Union-instance of the CD-TXP platform for the exchange of cyber related training opportunities;
(h)
provide support to the management of training and education in the field of conflict prevention, civilian crisis management, establishing or preserving the conditions necessary for sustainable development and Security Sector Reform initiatives, as well as promotion of cyber security and hybrid threats' awareness;
(i)
organise and run an annual network conference bringing together civilian and military training and education experts in CFSP and CSDP from Member States' training and educational institutes and ministries, and relevant external training and education actors as appropriate;
(j)
maintain relationships with relevant actors in the field of Freedom Security and Justice, in the field of Development and Cooperation, and with relevant International Organisations;
(k)
support the Committee for Civilian Aspects of Crisis Management and the EU Civilian Training Group by administering and managing the travel and accommodation costs relating to the activities of the Civilian Coordinators for Training;
(l)
participate in the meetings of the Union civilian and military training groups, derive civilian/military training requirements from their output and take the results of the requirements analysis into account during the annual prioritisation exercise of ESDC activities and for the development of ESDC curricula; and
(m)
further elaborate, maintain and promote the sectoral qualification framework for military officers.
CHAPTER II
Organisation
Article 5
Network
1.   The ESDC shall be organised as a network bringing together civilian and military institutes, colleges, academies, universities, institutions, centres of excellence and other actors dealing with security and defence policy issues within the Union as identified by Member States, as well as the European Union Institute for Security Studies (EUISS).
The ESDC shall establish close links with the Union institutions and relevant Union agencies, in particular with, but not limited to:
—
the Union Agency for law enforcement training (CEPOL),
—
the European Border and Coast Guard Agency (FRONTEX),
—
the European Defence Agency (EDA),
—
the European Satellite Centre (EU SatCen), and
—
the European Union Agency for Law Enforcement Cooperation (Europol).
2.   Where appropriate, international, intergovernmental, governmental or non-governmental organisations may obtain the status of 'associate network partner' (ANP), the detailed arrangements for which will be agreed by the Steering Committee.
3.   The ESDC shall work under the overall responsibility of the High Representative of the Union for Foreign Affairs and Security Policy ('HR').
Article 6
Role of European Union Institute for Security Studies
1.   As part of the ESDC network, the EUISS shall cooperate with the ESDC by making its expertise and knowledge-gathering capabilities available for ESDC training activities, including through EUISS publications, within the limits of its own capabilities.
2.   In particular, the EUISS shall provide lectures given by EUISS analysts and contribute to the further development of the ESDC e-Learning content.
3.   The EUISS shall support the ESDC Alumni Association.
Article 7
Legal capacity
1.   The ESDC shall have the necessary legal capacity in order to:
(a)
fulfil its tasks and meet its objectives;
(b)
enter into contracts and administrative arrangements necessary for its functioning including to implement staff secondments and recruit contract staff; acquire equipment, in particular teaching equipment;
(c)
hold bank accounts; and
(d)
be a party to legal proceedings.
2.   Any liability that may arise from contracts concluded by the ESDC, shall be covered by the funds available to it pursuant to Articles 16 and 17.
Article 8
Structure
The following structure shall be set up under the ESDC:
(a)
the Steering Committee with responsibility for the overall coordination and direction of the ESDC training and education activities;
(b)
the Executive Academic Board ('the Board') with responsibility for ensuring the quality and coherence of the ESDC training and education activities;
(c)
the Head of the ESDC ('the Head'), sole legal representative of the ESDC, with responsibility for the financial and administrative management of the ESDC, as well as advising the Steering Committee and the Board on the organisation and management of ESDC activities;
(d)
the ESDC Secretariat ('the Secretariat') which is to assist the Head in fulfilling the Head's tasks and in particular in assisting the Board to ensure the overall quality and coherence of the ESDC training and education activities.
Article 9
Steering Committee
1.   The Steering Committee shall be composed of one representative appointed by each Member State and shall be the decision-making body of the ESDC. Each member of the Committee may be represented or accompanied by an alternate member.
2.   Members of the Steering Committee may be accompanied by experts to meetings of the Committee.
3.   The Steering Committee shall be chaired by a representative of the HR who has appropriate experience. It shall meet at least four times a year.
4.   Representatives from countries acceding to the Union may attend the Steering Committee's meetings as active observers.
5.   The Head, other ESDC staff, the Chairperson of the Board and, when appropriate, the Chairpersons of its different configurations as well as a representative of the Commission and other Union institutions, including EEAS, shall participate in the meetings of the Steering Committee without the right to vote.
6.   The tasks of the Steering Committee shall be to:
(a)
approve and keep under regular review the ESDC training and education activities reflecting the agreed CSDP training and education requirements;
(b)
approve the annual academic programme of the ESDC;
(c)
select and prioritise the training and education activities to be run under the ESDC, taking into account the resources made available to the ESDC and the training and education requirements identified;
(d)
select the Member State(s) hosting the ESDC training and education activities and the institutes conducting them;
(e)
decide on opening specific ESDC training and education activities to third- country participation within the general political framework set by the Political and Security Committee;
(f)
adopt the curricula for all ESDC training and education activities;
(g)
take note of the course evaluation reports;
(h)
take note of the general annual report on ESDC training and education activities and adopt the recommendations therein, to be forwarded to the relevant Council bodies;
(i)
provide overall guidance to the work of the Board;
(j)
appoint the Chairpersons of the Board and its different configurations;
(k)
take the necessary decisions with regard to the functioning of the ESDC in so far as these are not attributed to other bodies;
(l)
approve the annual budget and any amending budget, acting on proposals from the Head;
(m)
approve the annual accounts and give a discharge to the Head;
(n)
approve additional rules applicable to expenditure managed by the ESDC;
(o)
approve any financing agreement and/or technical arrangement with the Commission, the EEAS, a Union Agency or a Member State regarding the financing and/or the implementation of the ESDC expenditure;
(p)
contribute to the selection process of the Head as defined in Article 11(3);
(q)
evaluate the performance of his or her tasks by the Head as regards the potential extension of his or her mandate as referred in Article 11(4).
7.   The Steering Committee shall approve its Rules of Procedure.
8.   Except for the case provided for in Article 2(6) of the Financial Rules applicable to expenditure funded by the ESDC and to the financing of the expenditure of the ESDC, which are set out in the Annex to this Decision (the "Financial Rules"), the Steering Committee shall act by qualified majority, as defined in Article 16(4) TEU.
Article 10
Executive Academic Board
1.   The Board shall be composed of senior representatives from those civilian and military institutes and other actors identified by Member States to support the conduct of ESDC training and education activities and of the Director of EUISS or the Director's representative.
2.   The Chairperson of the Board shall be appointed by the Steering Committee among the members of the Board.
3.   Representatives of the Commission and of EEAS shall be invited to attend the meetings of the Board.
4.   Senior representatives of the associate network partners shall be invited to attend the meetings of the Board as active observers.
5.   Academic experts and senior officials from Union and national institutions may be invited to attend the meetings of the Board, as observers. When appropriate and on a case-by-case basis, academic experts and senior officials who are representatives of institutes that are not a member of the network may be invited to participate in the meetings of the Board.
6.   The tasks of the Board shall be to:
(a)
provide academic advice and recommendations to the Steering Committee;
(b)
implement, through the network, the agreed annual academic programme;
(c)
oversee the e-Learning system;
(d)
develop curricula for all ESDC training and education activities;
(e)
ensure general coordination of ESDC training and education activities among all institutes;
(f)
review standards of the training and education activities undertaken in the previous academic year;
(g)
submit proposals to the Steering Committee for training and education activities in the next academic year;
(h)
ensure a systematic evaluation of all ESDC training and education activities and approve the course evaluation reports;
(i)
contribute to the draft general annual report on ESDC activities;
(j)
support the implementation of the European Initiative for the Exchange of Young Officers, inspired by the Erasmus programme.
7.   To fulfil its tasks, the Board may meet in different project-focused configurations. The Board shall draw up the rules and arrangements governing the creation and functioning of these configurations to be agreed by the Steering Committee. Each configuration shall report its activities back to the overall Board at least once every year, after which its mandate may be extended.
8.   Members of the Secretariat shall support and assist the Board and each of its configurations. Those members shall attend the meetings without the right to vote. If no other candidate can be identified, a member may, at the same time, chair the meetings.
9.   The Rules of Procedure of the Board and each of its configurations shall be adopted by the Steering Committee.
Article 11
Head of the ESDC
1.   The Head shall:
(a)
be responsible for the ESDC activities;
(b)
be the sole legal representative of the ESDC;
(c)
be responsible for the financial and administrative management of the ESDC;
(d)
advise the Steering Committee and the Board and support their work; and
(e)
act as the representative of the ESDC for training and education activities within and outside the network.
2.   Candidates for the position of Head shall be persons with recognised long‐standing expertise and experience in training and education. Member States may put forward candidates for the position of Head. Staff of the Union institutions and the EEAS may apply for this position, in accordance with the applicable rules.
3.   The pre-selection process shall be organised under the responsibility of the HR. The pre-selection panel shall be composed of three representatives of the EEAS. It shall be chaired by the Chair of the Steering Committee. On the basis of the pre-selection results, the HR shall submit to that Committee a recommendation with a shortlist of at least three candidates, drawn-up in the order of the pre-selection panel's preference. At least half of the candidates on the shortlist should come from Member States. During the selection process, the candidates shall present their vision for the ESDC to that Committee, after which Member States shall be invited to rank the candidates in a written, secret vote. The Head shall be appointed by the HR as a member of the EEAS staff for a period not exceeding three years.
4.   Before the end of the period referred to in paragraph 3, the performance of his or her tasks by the Head shall be evaluated by the Steering Committee, in particular against the objectives set in the vision he or she presented during the selection process. On the basis of this evaluation, that Committee shall then either propose to extend the mandate of the current head or to launch a new selection procedure to select a new Head. In the latter case, the current Head may not apply for that position. In case of extension, the total duration of the mandate of the Head shall not exceed five years.
5.   The tasks of the Head shall in particular be to:
(a)
take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the effective functioning of ESDC activities;
(b)
draw up the preliminary draft annual report of the ESDC and its preliminary draft work programme to be submitted to the Steering Committee on the basis of the proposals submitted by the Board;
(c)
co-ordinate the implementation of the ESDC work programme;
(d)
maintain contacts with the relevant authorities in Member States;
(e)
maintain contacts with relevant external training and education actors in the field of CFSP and CSDP;
(f)
conclude where necessary technical arrangements on ESDC training and education activities with the relevant authorities and training and education actors in the field of CFSP and CSDP;
(g)
perform any other task attributed to him or her by the Steering Committee.
6.   The Head shall be responsible for the financial and administrative management of the ESDC, and in particular shall:
(a)
draw up and submit to the Steering Committee any draft budget;
(b)
adopt the budgets after their approval by the Steering Committee;
(c)
be the authorising officer for the ESDC budget;
(d)
open one or more bank accounts on behalf of the ESDC;
(e)
negotiate, submit to the Steering Committee and conclude any financing agreement and/or technical arrangement with the Commission, the EEAS or a Member State regarding the financing and/or the implementation of the ESDC expenditure;
(f)
select the staff of the Secretariat, assisted by a selection panel;
(g)
negotiate and sign on behalf of the ESDC any Exchange of Letters for the secondment to the ESDC of Secretariat staff;
(h)
negotiate and sign on behalf of the ESDC any contract of employment for staff paid from the ESDC budget;
(i)
generally, represent the ESDC for the purpose of all legal acts with financial implications;
(j)
submit to the Steering Committee the ESDC annual accounts.
7.   The Head shall be accountable to the Steering Committee for his or her activities.
Article 12
ESDC Secretariat
1.   The Secretariat shall assist the Head in fulfilling the tasks of the Head.
2.   The Secretariat shall provide support to the Steering Committee, to the Board including its configurations and to institutes for the management, coordination and organisation of the ESDC training and education activities.
3.   The Secretariat shall support and assist the Board in ensuring the overall quality and coherence of ESDC training and education activities and in ensuring that they remain in line with the Union's policy developments. In particular, they shall help to ensure that all steps in the delivery of a training and education activity, from curriculum development and the content to the methodologic approach, shall reflect the highest possible standards.
4.   Each institute forming the ESDC network shall designate a point of contact with the Secretariat to deal with the organisational and administrative issues connected with the organisation of the ESDC training and education activities.
5.   The Secretariat shall closely co-operate with the Commission and the EEAS.
Article 13
ESDC Staff
1.   The ESDC staff shall consist of:
(a)
staff seconded to the ESDC by Union institutions, the EEAS and Union agencies;
(b)
national experts seconded to the ESDC by Member States;
(c)
contracted staff when no national expert has been identified and following approval by the Steering Committee.
2.   The ESDC may receive interns and visiting fellows.
3.   The number of ESDC staff shall be decided by the Steering Committee together with the budget for the next year and have a clear link to the number of ESDC training and education activities and other tasks as defined in Article 4.
4.   The Decision of the HR establishing the rules applicable to national experts seconded to the EEAS shall be applicable mutatis mutandis to national experts seconded to the ESDC by Member States. The Staff Regulations of Officials of the European Union and the Conditions for Employment of Other Servants of the European Union (6), shall apply for personnel seconded to the ESDC by Union institutions, including for contracted staff paid from the ESDC budget.
5.   The Steering Committee, acting on a proposal from the HR, shall define in so far as necessary the conditions applicable to interns and visiting fellows.
6.   ESDC staff cannot conclude contracts or engage in any kind of financial obligations on behalf of the ESDC without prior written authorisation by the Head.
CHAPTER III
Financing
Article 14
Contributions in kind to training and education activities
1.   Each Member State, Union institution, Union agency and institute, and EEAS shall bear all costs related to its participation in the ESDC, including salaries, allowances, travel and subsistence expenses and costs related to organisational and administrative support of the ESDC training and education activities.
2.   Each participant in ESDC training and education activities shall bear all costs related to his or her participation.
Article 15
Support by the EEAS
1.   The EEAS shall bear the costs arising from the hosting of the Head and the Secretariat within its premises, including information technology costs, the secondment of the Head and the secondment of one assistant staff member to the Secretariat.
2.   The EEAS shall provide the ESDC with the administrative support necessary to recruit and manage its staff and to implement its budget.
Article 16
Contribution from the general budget of the European Union
1.   The ESDC shall receive an annual or multi-annual contribution from the general budget of the European Union. That contribution may cover, in particular, costs of supporting training and education activities and the costs of national experts seconded by Member States to the ESDC and up to one contracted staff member.
2.   The financial reference amount intended to cover the expenditure of the ESDC during the period from 1 January 2021 to 31 December 2021 shall be EUR 2 055 156.
The financial reference amount intended to cover the expenditure of the ESDC for subsequent periods shall be decided by the Council.
3.   Following the decision by the Council as referred to in paragraph 2, a financing agreement with the Commission shall be negotiated by the Head.
Article 17
Voluntary contributions
1.   For the purpose of financing specific activities, the ESDC may receive and manage voluntary contributions from Member States and institutes or other donors. Such contributions shall be specifically designated by the ESDC.
2.   Technical arrangements for the contributions referred to in paragraph 1 shall be negotiated by the Head.
Article 18
Implementation of projects
1.   The ESDC can apply for research and other projects in the field of CFSP. The ESDC can act as a project coordinator or a member. The Head can be attached to the 'advisory board' of such a project. The Head may delegate this task to one of the Chairpersons of the Board configurations or to a member of the Secretariat.
2.   Contribution coming from those projects has to be made visible in the amending budget of the ESDC and used according to the tasks and objectives of the ESDC.
Article 19
Financial rules
The Financial Rules shall apply to expenditure funded by the ESDC and to the financing of such expenditure.
CHAPTER IV
Miscellaneous provisions
Article 20
Participation in ESDC training and education activities
1.   All ESDC training and education activities shall be open to participation by nationals of all Member States and acceding States. The organising and conducting institutes shall ensure that this principle applies without any exception.
2.   The ESDC training and education activities shall also be open in principle to participation by nationals of countries that are candidates for accession to the Union and, as appropriate, of other third States and organisations, in particular for those training and education activities referred to in point (d) of Article 4(2).
3.   Participants shall be civilian/diplomatic/police/military personnel dealing with aspects in the field of CSDP and CFSP, and experts to be deployed in CSDP missions or operations.
Representatives of, inter alia, international organisations, non-governmental organisations, academic institutions and the media, as well as members of the business community, may be invited to participate in ESDC training and education activities.
4.   A certificate signed by the HR shall be awarded to a participant who has completed an ESDC course. The modalities of the certificate shall be kept under review by the Steering Committee. The certificate shall be recognised by Member States and by the Union institutions.
Article 21
Cooperation
The ESDC shall cooperate with and draw on the expertise of international organisations and other relevant actors, such as national training and education institutes of third States, in particular but not limited to those referred to in Article 5(2).
Article 22
Security regulations
Council Decision 2013/488/EU (7) shall apply to the ESDC.
CHAPTER V
Final provisions
Article 23
Continuity
The rules and regulations adopted for the implementation of Decision (CFSP) 2016/2382 shall remain in force for the purpose of implementing this Decision in so far as they are compatible with this Decision and until they are amended or repealed.
Article 24
Repeal
Decision (CFSP) 2016/2382 is hereby repealed.
Article 25
Review
1.   No later than 20 October 2024, the Head shall initiate a review of the training and education activities, consulting all stakeholders.
2.   The review shall be submitted to the Steering Committee.
Article 26
Entry into force
This Decision shall enter into force upon the date of adoption.
Article 27
Publication
This Decision shall be published in the Official Journal of the European Union.
Done at Luxembourg, 19 October 2020.
For the Council
The President
J. KLOECKNER
(1)  Council Joint Action 2005/575/CFSP of 18 July 2005 establishing a European Security and Defence College (ESDC) (OJ L 194, 26.7.2005, p. 15).
(2)  Council Joint Action 2008/550/CFSP of 23 June 2008 establishing a European Security and Defence College (ESDC) and repealing Joint Action 2005/575/CFSP (OJ L 176, 4.7.2008, p. 20).
(3)  Council Decision 2013/189/CFSP of 22 April 2013 establishing a European Security and Defence College (ESDC) and repealing Joint Action 2008/550/CFSP (OJ L 112, 24.4.2013, p. 22).
(4)  Council Decision (CFSP) 2016/2382 of 21 December 2016 establishing a European Security and Defence College (ESDC) and repealing Decision 2013/189/CFSP (OJ L 352, 23.12.2016, p. 60).
(5)  Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).
(6)  Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions for Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).
(7)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).
ANNEX
FINANCIAL RULES APPLICABLE TO EXPENDITURE FUNDED BY THE ESDC AND TO THE FINANCING OF THE EXPENDITURE OF THE ESDC
Article 1
Budgetary principles
1.   The ESDC budget, drawn up in euro, is the act which for each financial year lays down and authorises all the ESDC revenue and all expenditure funded by the ESDC.
2.   Budget revenue and expenditure shall be in balance.
3.   No revenue or expenditure funded by the ESDC may be implemented other than by allocation to a heading in the ESDC budget.
Article 2
Adoption of budgets
1.   Each year the Head shall draw up a draft budget for the following financial year, which begins on 1 January and ends on 31 December of the same year. The draft budget shall include the appropriations deemed necessary to cover the expenditure to be funded by the ESDC during that period and a forecast of the revenue expected to cover such expenditure.
2.   Appropriations shall be classified as necessary by type or purpose in chapters and articles. Detailed comments by article shall be included in the draft.
3.   Revenue shall consist of Member States' or other donors' voluntary contributions as well as the annual contribution from the general budget of the European Union.
4.   The Head shall submit a detailed budget report on the previous financial year by 31 March. The Head shall propose the draft budget for the following financial year to the Steering Committee by 31 July.
5.   The Steering Committee shall approve the draft budget by 31 October.
6.   Where the ESDC receives a multi-annual contribution from the general budget of the European Union, the Steering Committee shall approve the annual budget by consensus.
Article 3
Transfers of appropriations
In the event of unforeseen circumstances, transfers of appropriations between budget lines or budget headings of the contribution referred to in Article 16, not exceeding 25 % of these budget lines or headings, may be decided by the Head, who shall keep the Steering Committee informed of such transfers. Transfers of appropriations between budget lines or headings exceeding 25 % of the budget lines or headings shall be submitted to the Steering Committee in an amending budget of the ESDC for approval.
Article 4
Carryovers of appropriations
1.   Appropriations necessary to pay for legal obligations entered into by 31 December of a financial year shall be carried over to the next financial year.
2.   Appropriations coming from voluntary contributions shall be carried over to the next financial year.
3.   Appropriations coming from projects shall be carried over to the next financial year.
4.   The Head may carry over other appropriations in the budget to the next financial year with the approval of the Steering Committee.
5.   Other appropriations shall be cancelled at the end of the financial year.
Article 5
Implementation of the budget and staff management
For the purpose of implementing its budget and managing its staff, the ESDC shall use existing administrative structures of the Union, in particular the EEAS, to the greatest possible extent.
Article 6
Bank accounts
1.   Any ESDC bank account shall be opened at a first-rate financial institution with its head office in a Member State and shall be a current or short-term account in euro.
2.   No ESDC bank account shall be overdrawn.
Article 7
Payments
Any payment from an ESDC bank account shall require the joint signature of the Head and another member of the ESDC staff.
Article 8
Accounting
1.   The Head shall ensure that accounts showing the ESDC revenue, expenditure and inventory of assets are kept in accordance with the internationally accepted accounting standards for the public sector.
2.   The Head shall submit to the Steering Committee the annual accounts for a given financial year no later than the following 31 March, together with the detailed report referred to in Article 2(4) of these Financial Rules.
3.   If necessary, accounting services may be outsourced.
Article 9
Auditing
1.   An audit of the ESDC accounts shall be conducted annually.
2.   The necessary auditing services shall be outsourced.
3.   The audit reports shall be made available to the Steering Committee together with the detailed report referred to in Article 2(4) of these Financial Rules.
Article 10
Discharge
1.   The Steering Committee shall decide on the basis of the detailed report, the annual accounts and the annual audit report whether to grant the Head a discharge in respect of the implementation of the ESDC budget.
2.   The Head shall take all appropriate steps to satisfy the Steering Committee that a discharge may be granted and to act on the observations in the decisions giving discharge, if any.

Output:
European Security and Defence College
European Security and Defence College
SUMMARY OF:
Decision (CFSP) 2020/1515 establishing a European Security and Defence College
WHAT IS THE AIM OF THE DECISION?

The decision sets up the European Security and Defence College (ESDC), which aims to develop and promote a common understanding among civilians and military personnel of the common security and defence policy (CSDP) and the common foreign and security policy (CFSP) of the European Union (EU) through training and education activities.
KEY POINTS
Objectives
The ESDC has a number of objectives, including:
further enhancing the common European security and defence culture within the EU and promoting the principles set out in Article 21 of the Treaty on European Union;
promoting a better understanding of CSDP as an essential part of CFSP;
providing EU Member States’ administrations with people who are familiar with EU policies, institutions and procedures in the CSDP field;
providing CSDP missions and operations personnel with a common understanding of the functioning principles and a sense of common European identity;
providing training and education that meet the needs of CSDP missions and operations;
supporting EU partnerships in the field of CSDP, in particular with those countries participating in CSDP missions;
supporting civilian crisis management — including in the field of conflict prevention — and establishing or preserving the conditions necessary for sustainable development;
promoting the European initiative for the exchange of young officers;
helping to promote professional relations and contacts among the participants.
Tasks of the ESDC
The main task of the ESDC is to provide training and education. The decision sets out a number of specific tasks, including:
basic- and advanced-level courses that promote a generic understanding of CFSP and CSDP;
leadership courses;
courses that directly support CSDP missions and operations, including pre‐deployment and in-mission / in-operation training and education;
courses that support EU partnerships and the countries participating in CSDP missions and operations;
modules that support civilian and military training and education in the field of CSDP;
CSDP courses, seminars, programmes and conferences for specialised audiences;
common modules that run under the European initiative for the exchange of young officers, which was inspired by the Erasmus+ programme;
cyber awareness and advanced courses, including in support of CSDP missions and operations;
courses and seminars that support PhD-level research through the exchange of best practices and experience.
Network
The ESDC is organised as a network of various educational institutions — including those dealing with security and defence policies within the EU, as identified by the Member States — and the European Union Institute for Security Studies. The ESDC is closely linked with several EU institutions and agencies, including:
the European Border and Coast Guard Agency — Regulation (EU) 2019/1896, see summary;
the EU Agency for Law Enforcement Cooperation (Europol) — Regulation (EU) 2016/794, see summary;
the EU Agency for Law Enforcement Training — Regulation (EU) 2015/2219, see summary;
the European Defence Agency — Decision (CFSP) 2015/1835, see summary;
the European Union Satellite Centre — Decision 2014/401/CFSP, see summary..
The ESDC is under the overall responsibility of the High Representative of the Union for Foreign Affairs and Security Policy.
FROM WHEN DOES THE DECISION APPLY?
It has applied since 19 October 2020.
Council Decision (CFSP) 2020/1515 repeals Council Decision (CFSP) 2016/2382.
BACKGROUND

For further information, see:
European Security and Defence College (European Commission).
MAIN DOCUMENT

Council Decision (CFSP) 2020/1515 of 19 October 2020 establishing a European Security and Defence College, and repealing Decision (CFSP) 2016/2382 (OJ L 348, 20.10.2020, pp. 1–14).
Successive amendments to Decision (CFSP) 2020/1515 have been incorporated in the original text. This consolidated version is of documentary value only.
RELATED DOCUMENTS

Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, pp. 1–131).
Consolidated version of the Treaty on European Union — Title V — General Provisions on the Union’s External Action and Specific Provisions on the Common Foreign and Security Policy — Chapter 2 — Specific Provisions on the common foreign and security policy — Section 1 — Common provisions — Article 28 (ex Article 14 TEU) (OJ C 202, 7.6.2016, p. 32).
Consolidated version of the Treaty on European Union — Title V — General Provisions on the Union’s External Action and Specific Provisions on the Common Foreign and Security Policy — Chapter 2 — Specific Provisions on the common foreign and security policy — Section 2 — Provisions on the common security and defence policy — Article 42 (ex Article 17 TEU) (OJ C 202, 7.6.2016, pp. 38–39).
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, pp. 53–114).
Regulation (EU) 2015/2219 of the European Parliament and of the Council of 25 November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA (OJ L 319, 4.12.2015, pp. 1–20).
Council Decision (CFSP) 2015/1835 of 12 October 2015 defining the statute, seat and operational rules of the European Defence Agency (OJ L 266, 13.10.2015, pp. 55–74).
See consolidated version.
Council Decision 2014/75/CFSP of 10 February 2014 on the European Union Institute for Security Studies (OJ L 41, 12.2.2014, pp. 13–17).
last update 08.12.2021