THE EUROPEAN UNION
Brussels, 4 February 2008
COUNCIL JOINT ACTION 2008/5928/CFSP of The European Union
on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Having regard to the Treaty on European Union, and in particular
Article 14 and the third paragraph of Article 25 thereof,
(1) On 10 June 1999, the United Nations Security Council adopted
Resolution 1244 (hereinafter "Resolution 1244"), and
within this framework, the United Nations Security
– "Decides that the international civil and security
presences are establishe d for an initial period of 12 months,
to continue thereafter unless the Security Council decides otherwise"
– "Authorises the Secretary-General, with the assistance
of relevant international organisations, to establish an international
civil presence in Kosovo …" and "Decides that
the main responsibilities of the international civil presence
will include … (f) in a final stage, overseeing the transfer
of authority from Kosovo's provisional institutions to institutions
established under a political settlement … (i) maintaining
civil law and order, including establishing local police forces
and meanwhile through the deployment of international police personnel
to serve in Kosovo" (Paragraphs 10 and 11),
– "Welcomes the work in hand in the European Union
and other international organisations to develop a comprehensive
approach to the economic development and stabilisation of the
region affected by the Kosovo crisis, including the implementation
of a Stability Pact for South Eastern Europe with broad international
participation in order to further the promotion of democracy,
economic prosperity, stability and regional cooperation"
(2) The Kosovo organs, institutions and authorities referred to
in this Joint Action are the institutions (hereinafter "the
Kosovo institutions") created on the basis of Resolution
1244. They include inter alia the Kosovo Police Service, the judiciary
and the associated Ministries of the Interior and of Justice.
(3) There is a need
to prevent, on humanitarian grounds, possible outbreaks of violence,
acts of persecution and intimidation in Kosovo, taking account,
as appropriate, of the responsibility towards populations as referred
to in Resolution 1674 by the United Nations Security Council on
28 April 2006.
(4) On 10 April 2006,
the Council adopted Joint Action 2006/304/CFSP on the establishment
of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis
management operation in Kosovo in the field of rule of law and
possible other areas in Kosovo
(5) On 11 December 2006, the Council approved the Crisis Management
Concept for a possible EU crisis management operation in the field
of rule of law and possible other areas in Kosovo.
(6) Joint Action 2006/304/CFSP
lays down that the Head of EUPT Kosovo is, in particular, to act
under the direction of the Head of the EU crisis management operation
in Kosovo once the latter has been appointed.
(7) The Brussels European Council of 14 December 2007 underlined
the readiness of the EU to play a leading role in strengthening
stability in the region in line with its European perspective
and in implementing a settlement defining Kosovo's future status.
It stated the EU's readiness to assist Kosovo in the path towards
sustainable stability, including by means of a European Security
and Defence Policy (ESDP) mission and a contribution to an international
civilian office as part of the international presences. The General
Affairs and External Relations Council was invited to determine
the modalities for the mission and
when to launch it. The Secretary-General/High Representative (SG/HR)
was requested to prepare the mission in discussion with the responsible
authorities in Kosovo and the United Nations. In this regard,
the United Nations Secretary-General has stated that the United
Nations, with the support of the relevant international organisations,
is committed to assisting Kosovo in the path towards sustainable
stability. The United Nations Secretary-General also noted the
readiness of the EU to play an enhanced role in Kosovo, as reflected
in the conclusions of the Brussels European Council on 14 December.
(8) In parallel with
this Joint Action, the Council is adopting a Joint Action appointing
an EU Special Representative for Kosovo.
(9) In accordance with
the guidelines of the Nice European Council of 7-9 December 2000,
this Joint Action should determine the role of the SG/HR in accordance
with Articles 18 and 26 of the Treaty.
(10) Article 14(1) of the Treaty calls for the indication of financing
for the whole period of implementation of the Joint Action. The
indication of amounts to be financed by the general budget of
the European Union illustrates the will of the political authority
subject to the availability of commitment appropriations during
the respective budget year.
(11) Considering the
scale and nature of the mission established by this Joint Action,
specific provisions are required concerning staff recruitment
(12) The command and
control structure of the mission should be without prejudice to
the contractual responsibilities of the Head of the mission towards
the Commission for implementing the mission's budget.
(13) The watch-keeping
capability established within the Council Secretariat should be
activated for this mission.
(14) The European
Union Rule of Law Mission in Kosovo will be conducted in a situation
which may deteriorate and could harm the objectives of the Common
Foreign and Security Policy as set out in Article 11 of the Treaty,
HAS ADOPTED THIS JOINT
1. The EU hereby establishes
an European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
(hereinafter "EULEX KOSOVO").
2. EULEX KOSOVO shall
operate in accordance with the Mission Statement set out in Article
2 and shall carry out the tasks as set out in Article 3.
EULEX KOSOVO shall assist the Kosovo institutions, judicial authorities
and law enforcement agencies in their progress towards sustainability
and accountability and in further developing and strengthening
an independent multi-ethnic justice system and multi-ethnic police
and customs service, ensuring that these institutions are free
from political interference and adhering to
internationally recognised standards and European best practices.
EULEX KOSOVO, in full cooperation with the European Commission
Assistance Programmes, shall fulfil its mandate through monitoring,
mentoring and advising, while retaining certain executive responsibilities.
In order to fulfil
the Mission Statement set out in Article 2, EULEX KOSOVO shall:
(a) monitor, mentor and advise the competent Kosovo institutions
on all areas related to the wider rule of law (including a customs
service), whilst retaining certain executive responsibilities;
(b) ensure the maintenance and promotion of the rule of law, public
order and security including, as necessary, in consultation with
the relevant international civilian authorities in Kosovo, through
reversing or annulling operational decisions taken by the competent
(c) help ensure that all Kosovo rule of law services, including
a customs service, are free from political interference;
(d) ensure that cases of war crimes, terrorism, organised crime,
corruption, inter-ethnic crimes, financial/economic crimes and
other serious crimes are properly investigated, prosecuted, adjudicated
and enforced, according to the applicable law, including, where
appropriate, by international investigators, prosecutors and judges
jointly with Kosovo investigators, prosecutors and judges or independently,
and by measures including, as appropriate, the creation of cooperation
and coordination structures between police and prosecution authorities;
(e) contribute to strengthening cooperation and coordination throughout
the whole judicial process, particularly in the area of organised
(f) contribute to the fight against corruption, fraud and financial
(g) contribute to the implementation of the Kosovo Anti-Corruption
Strategy and Anti-Corruption Action Plan;
(h) assume other responsibilities, independently or in support
of the competent Kosovo authorities, to ensure the maintenance
and promotion of the rule of law, public order and security, in
consultation with the relevant Council agencies; and
(i) ensure that all its activities respect international standards
concerning human rights and gender mainstreaming.
Planning and preparation phase
1. During the planning
and preparation phase of the mission, EUPT Kosovo shall act as
the main planning and preparation element for EULEX KOSOVO. The
Head of EUPT Kosovo shall act under the authority of the Head
of EULEX KOSOVO
(hereinafter the "Head of Mission").
2. The risk assessment carried out as part of the planning process
shall be updated regularly.
3. EUPT Kosovo shall be responsible for recruiting and deploying
staff and procuring equipment, services and premises intended
for EULEX KOSOVO, financed from the EUPT Kosovo budget.
4. EUPT Kosovo shall be responsible for drawing up the Operation
Plan (OPLAN) and developing technical instruments necessary to
execute the ma ndate of EULEX KOSOVO. The OPLAN shall take into
account the risk assessment and shall include a security plan.
The Council shall approve the OPLAN.
Launching and transition period
1. The decision to
launch EULEX KOSOVO shall be taken by the Council upon approval
of the OPLAN. The operational phase of EULEX KOSOVO shall start
upon transfer of authority from the United Nations Mission in
2. During the transition period, the Head of Mission may direct
EUPT Kosovo to undertake the necessary activities in order for
EULEX KOSOVO to be fully operational on the day of transfer of
Structure of EULEX KOSOVO
1. EULEX KOSOVO shall
be a unified ESDP mission across Kosovo.
2. EULEX KOSOVO shall establish:
(a) its main Headquarters in Pristina,
(b) regional and local offices across Kosovo,
(c) a Brussels support element, and
(d) liaison offices, as required.
3. Subject to detailed arrangements in the OPLAN, EULEX KOSOVO
shall be structured as follows:
(a) the Head of Mission and staff as defined in the OPLAN,
(b) a police component, co-located where appropriate with the
Kosovo Police Service, including at the border crossing points,
(c) a justice component, co-located where appropriate with the
relevant Ministries, the Kosovo judiciary, the Kosovo Property
Agency, the Kosovo Correctional Service, and
(d) a customs component, co-located where appropriate with the
4. Specialised police may be hosted in camps designed to cater
for their operational needs.
Civilian Operation Commander
1. The Civilian Planning
and Conduct Capability (CPCC) Director shall be the Civilian Operation
Commander for EULEX KOSOVO.
2. The Civilian Operation Commander, under the political control
and strategic direction of the Political and Security Committee
(PSC) and the overall authority of the SG/HR, shall exercise command
and control of EULEX KOSOVO at the strategic level.
3. The Civilian Operation Commander shall ensure proper and effective
implementation of the Council's decisions as well as the PSC's
decisions, including by issuing instructions at strategic level
as required to the Head of Mission and providing him with advice
and technical support.
4. All seconded staff shall remain under the full command of the
national authorities of the seconding State or EU institution
concerned. National authorities shall transfer Operational Control
(OPCON) of their personnel, teams and units to the Civilian Operation
5. The Civilian Operation Commander shall have overall responsibility
for ensuring that the EU's duty of care is properly discharged.
6. The Civilian Operation Comma nder and the European Union Special
Representative (EUSR) shall consult each other as required.
Head of Mission
1. The Head of Mission
shall assume responsibility and exercise command and control of
EULEX KOSOVO at theatre level.
2. The Head of Mission shall exercise command and control over
personnel, teams and units from contributing States as assigned
by the Civilian Operation Commander together with administrative
and logistic responsibility including over assets, resources and
information placed at the disposal of EULEX KOSOVO. The exercise
of such command and control shall be without prejudice to the
principle of the independence of the judiciary and the autonomy
of prosecution when considering the discharge of judicial duties
of EULEX KOSOVO judges and prosecutors.
3. The Head of Mission shall issue instructions to all EULEX KOSOVO
staff, including in this case the support element in Brussels,
for the effective conduct of EULEX KOSOVO in theatre, assuming
its coordination and day-to-day management, and following the
instructions at strategic level of the Civilian Operation Commander.
4. Until the expiry of Joint Action 2006/304/CFSP, the Head of
Mission shall be supported by EUPT Kosovo established thereby.
5. The Head of Mission shall be responsible for the implementation
of the EULEX KOSOVO's budget. For this purpose, the Head of Mission
shall sign a contract with the Commission.
6. The Head of Mission shall be responsible for disciplinary control
over the staff. For seconded staff, disciplinary action shall
be exercised by the national or EU authority concerned.
7. The Head of Mission shall represent EULEX KOSOVO in the operations
area and shall ensure appropriate visibility of EULEX KOSOVO .
8. The Head of Mission shall coordinate, as appropriate, with
other EU actors on the ground. The Head of Mission shall, without
prejudice to the chain of command, receive local political guidance
from the EUSR, including with regard to the political aspects
of issues related to executive responsibilities.
9. The Head of Mission shall ensure that EULEX KOSOVO works closely
and coordinates with the competent Kosovo authorities and with
relevant international actors, as appropriate, including NATO/KFOR,
UNMIK, OSCE, third States involved in the rule of
law in Kosovo and an International Civilian Office.
10. Under the direct responsibility of the Head of Mission, internal
legal and financial control functions shall be performed by personnel
independent of the staff responsible for the administration of
1. The numbers and
competence of the EULEX KOSOVO staff shall be consistent with
its Mission Statement set out in Article 2, the tasks set out
in Article 3 and the structure of EULEX KOSOVO set out in Article
2. EULEX KOSOVO shall consist primarily of staff seconded by Member
States or EU institutions. Each Member State or EU institution
shall bear the costs related to any of the staff seconded by it,
including travel expenses to and from the place of deployment,
salaries, medical coverage, and allowances other than daily allowances
and applicable risks and hardship allowances.
3. EULEX KOSOVO may also recruit, as required, international staff
and local staff on a contractual basis.
4. Third States may also, as appropriate, second staff to EULEX
KOSOVO. Each seconding third State shall bear the costs related
to any of the staff seconded by it, including travel expenses
to and from the place of deployment, salaries, medical coverage,
and allowances. Exceptionally, in duly justified cases, where
no qualified applications from Member States
are available, nationals from participating third States may be
recruited on a contractual basis, as appropriate.
5. All staff shall abide by the mission-specific minimum security
operating standards and the mission security plan supporting the
EU field security policy. As regards the protection of EU classified
information with which they are entrusted in the course of their
duties, they shall respect the security principles and minimum
standards established by
Status of EULEX KOSOVO and of its staff
1. The status of EULEX
KOSOVO and its staff, including the privileges, immunities and
further guarantees necessary for the completion and smooth functioning
of EULEX KOSOVO, shall be agreed as appropriate.
2. The State or EU institution having seconded a member of staff
shall be responsible for answering any claims linked to the secondment,
from or concerning the member of staff. The State or EU institution
in question shall be responsible for bringing any action against
the seconded person.
3. The conditions of employment and the rights and obligations
of international and local civilian staff shall be laid down in
the contracts between the Head of Mission and the members of staff.
Chain of command
1. EULEX KOSOVO shall
have a unified chain of command, as a crisis management operation.
2. Under the responsibility of the Council, the PSC shall exercise
political control and strategic direction of EULEX KOSOVO .
3. As also laid down in Article 7, the Civilian Operation Commander,
under the political control and strategic direction of the PSC
and the overall authority of the SG/HR, shall be the commander
of EULEX KOSOVO at strategic level and, as such, shall issue the
Head of Mission with instructions and provide him with advice
and technical support.
4. The Civilian Operation Commander shall report to the Council
through the SG/HR. 5. The Head of Mission shall exercise command
and control of EULEX KOSOVO at theatre level and shall be directly
responsible to the Civilian Operation Commander.
Political control and strategic direction
1. The PSC shall exercise,
under the responsibility of the Council, political control and
strategic direction of EULEX KOSOVO.
2. The Council hereby authorises the PSC to take the relevant
decisions for this purpose, in accordance with the third paragraph
of Article 25 of the Treaty. This authorisation shall include
the powers to amend the OPLAN and the chain of command. It shall
also include powers to take subsequent decisions regarding the
appointment of the Head of Mission. The Council, on the recommendation
of the SG/HR, shall decide on the objectives and termination of
3. The PSC shall report to the Council at regular intervals.
4. The PSC shall receive, on a regular basis and as required,
reports by the Civilian Operation Commander and the Head of Mission
on issues within their areas of responsibility. Planning for specific
areas may be reviewed by the PSC on a regular basis.
Participation of third States
1. Without prejudice
to the decision-making autonomy of the EU and its single institutional
framework, third States may be invited to contribute to EULEX
KOSOVO provided that they bear the cost of the staff seconded
by them, including salaries, allowances and travel expenses to
and from the theatre of operation, and to contribute to the running
costs of EULEX KOSOVO, as appropriate.
2. Third States making contributions to EULEX KOSOVO shall have
the same rights and obligations in terms of day-to-day management
of EULEX KOSOVO as Member States taking part in it.
3. The Council hereby authorises the PSC to take the relevant
decisions on acceptance or otherwise of the proposed contributions
and to establish a Committee of Contributors.
4. Detailed arrangements regarding the participation of third
States shall be laid down in an agreement to be concluded in accordance
with Article 24 of the Treaty. The SG/HR, assisting the Presidency,
may negotiate such arrangements on its behalf. Where the EU and
a third State conclude an agreement establishing a framework for
the participation of such third State in the EU crisis management
operations, the provisions of such agreement shall apply in the
context of EULEX KOSOVO.
1. The Civilian Operation
Comma nder shall direct the Head of Mission's planning of security
measures and ensure their proper and effective implementation
for EULEX KOSOVO in accordance with Articles 7 and 11 and in coordination
with the Security Office of the General Secretariat of the Council.
2. The Head of Mission shall be responsible for the security of
the operation and for ensuring compliance with minimum security
requirements applicable to the operation, in line with the policy
of the EU on the security of personnel deployed outside the EU
in an operational capacity under Title V of the Treaty and its
3. The Head of Mission shall be assisted by a Senior Mission Security
Officer (SMSO), who will report to the Head of Mission and also
maintain a close functional relationship with the Security Office
mentioned in paragraph 1.
4. The Head of Mission shall appoint Area Security Officers in
the regional and local EULEX KOSOVO locations, who, under the
authority of the SMSO shall be responsible for the day-to-day
management of all security aspects of the respective EULEX KOSOVO
5. EULEX KOSOVO staff shall undergo mandatory security training
before or upon taking up their duties, in accordance with the
OPLAN. They also receive regular in-theatre refresher training
organised by the SMSO and the Area Security Officers.
6. The Head of Mission shall ensure that the numbers of EULEX
KOSOVO staff present and of authorised visitors never exceed EULEX
KOSOVO's capabilities to ensure their safety and security or to
manage their evacuation in an emergency situation.
7. The Head of Mission shall ensure the protection of EU classified
information in accordance with Decision 2001/264/EC.
The watch-keeping capability
shall be activated for EULEX KOSOVO.
1. The financial reference
amount intended to cover the expenditure related to a period of
sixteen months starting from the approval of the OPLAN shall be
EUR 205 000 000.
2. All expenditure shall be managed in accordance with the Community
rules and procedures applicable to the general budget of the EU,
with the exception that any pre-financing shall not remain the
property of the Community
3. Subject to the Commission's approval, the Head of Mission may
conclude technical arrangements with EU Member States, participating
third States and other international actors deployed in Kosovo
regarding the provision of equipment, services and premises to
EULEX KOSOVO. Nationals of the countries of the Western Balkans
region or of contributing third States shall be allowed to tender
for contracts. The position of contract holder of contracts or
under arrangements concluded by EUPT Kosovo for
EULEX KOSOVO during the planning and preparation phase shall be
transferred to EULEX KOSOVO, as appropriate. Assets owned by EUPT
Kosovo shall be transferred to EULEX KOSOVO.
4. The Head of Mission shall report fully to, and be supervised
by, the Commission on the activities undertaken in the framework
of his contract.
5. The financial arrangements shall respect the operational requirements
of EULEX KOSOVO, including compatibility of equipment and interoperability
of its teams, and shall take into consideration the deployment
of staff in regional offices.
6. Expenditure shall be eligible as from the date of approval
of the OPLAN.
Coordination with Community actions
1. The Council and
the Commission shall, each in accordance with its respective powers,
ensure consistency between the implementation of this Joint Action
and external activities of the Community in accordance with Article
3 of the Treaty. The Council and the Commission shall cooperate
to this end
2. The necessary coordination arrangements shall be put in place
in the EULEX KOSOVO area, as appropriate, as well as in Brussels.
Release of classified information
1. The SG/HR shall
be authorised to release to the United Nations, NATO/KFOR and
to other third parties, associated with this Joint Action, EU
classified information and documents generated for the purposes
of EULEX KOSOVO up to the level of the relevant classification
respectively for each of them, in accordance with Decision 2001/264/EC.
Local technical arrangements shall be drawn up to facilitate this.
2. In the event of a spe cific and immediate operational need,
the SG/HR shall also be authorised to release to the competent
local authorities EU classified information and documents up to
the level "RESTREINT UE" generated for the purposes
of EULEX KOSOVO, in accordance with Decision 2001/264/EC. In all
other cases, such information and documents shall be released
to the competent local authorities in accordance with the procedures
appropriate to those authorities' level of cooperation with the
3. The SG/HR shall be authorised to release to the United Nations,
NATO/KFOR, to other third parties associated with this Joint Action
and to the relevant local authorities, EU non-classified documents
related to the deliberations of the Council with regard to
EULEX KOSOVO covered by the obligation of professional secrecy
pursuant to Article 6(1) of the Council's Rules of Procedure.
The Council shall
evaluate, not later than 6 months after the start of the operational
phase, whether EULEX KOSOVO should be extended.
Entry into force and duration
This Joint Action
shall enter into force on the date of its adoption. It shall expire
twenty eight months from the date of approval of the OPLAN. The
budget for the last twelve months before expiry shall be decided
upon separately by the Council.
1. This Joint Action
shall be published in the Official Journal of the European Union.
2. The decisions of the PSC pursuant to Article 12(1) regarding
the appointment of the Head of Mission shall also be published
in the Official Journal of the European Union.
Done at Brussels,
For the Council