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            COUNCIL JOINT ACTION 2006/304/CFSP

of 10 April 2006         

on the establishment of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular Article 14 and the third subparagraph of Article 25 thereof,

Whereas:

HAS ADOPTED THIS JOINT ACTION:

Article 1

Objective

1.   The European Union hereby establishes a European Union Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in Kosovo.

2.   The objective of the EUPT Kosovo shall be:

Article 2

Tasks

In carrying out its objective the EUPT Kosovo shall focus on the following tasks:

Article 3

Structure

1.   EUPT Kosovo shall in principle be structured as follows:

2.   EUPT Kosovo shall establish:

Article 4

Head of the EUPT Kosovo and staff

1.   The Head of the EUPT Kosovo shall be responsible for managing and coordinating EUPT Kosovo activities.

2.   The Head of EUPT Kosovo shall assume the day-to-day management of EUPT Kosovo and shall be responsible for staff and disciplinary matters. For seconded personnel, disciplinary action shall be exercised by the national or EU authority concerned.

3.   The Head of EUPT Kosovo shall sign a contract with the Commission.

4.   EUPT Kosovo shall primarily consist of civilian 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 salaries, medical coverage, travel expenses to and from Kosovo, and allowances other than per diems.

5.   EUPT Kosovo may also recruit international staff and local staff on a contractual basis, as required.

6.   While remaining under the authority of their sending Member States or EU institutions, all staff in the EUPT Kosovo shall carry out their duties and act in the sole interest of the EU supporting action. All staff shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (1) (hereinafter referred to as ‘Council's security regulations’).

7.   EUPT Kosovo shall be deployed gradually beginning with a core team from the end of April 2006 with the intention of having the full team in place before 1 September 2006.

Article 5

Chain of command

1.   The structure of EUPT Kosovo shall have a unified chain of command.

2.   The PSC shall provide the political control and strategic direction to EUPT Kosovo.

3.   The SG/HR shall give guidance to the Head of EUPT Kosovo.

4.   The Head of EUPT Kosovo shall lead EUPT Kosovo and assume its day-to-day management.

5.   The Head of EUPT Kosovo shall report to the SG/HR.

Article 6

Political control and strategic direction

1.   The PSC shall exercise, under the responsibility of the Council, the political control and strategic direction of EUPT Kosovo.

2.   The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 25 of the Treaty. This authorisation shall include the powers to appoint a Head of EUPT Kosovo, upon a proposal from the SG/HR. The powers of decision with respect to the objectives and termination of EUPT Kosovo shall remain vested in the Council.

3.   The PSC shall receive reports at regular intervals and may request specific reports by the Head of EUPT Kosovo on the implementation of the tasks mentioned in Article 2 and on the coordination with other actors referred to in Article 10. The PSC may invite the Head of EUPT Kosovo to its meetings, as appropriate.

4.   The PSC shall report to the Council at regular intervals.

Article 7

Participation of third States

Without prejudice to the decision-making autonomy of the EU and its single institutional framework, acceding States shall be invited to contribute to EUPT Kosovo provided that they bear the cost of the staff seconded by them, including salaries, medical coverage, allowances, high-risk insurance and travel expenses to and from the mission area, and contribute to the running costs of EUPT Kosovo, as appropriate.

Article 8

Security

1.   The Head of EUPT Kosovo shall be responsible for the security of EUPT Kosovo and shall, in consultation with the Security Office of the General Secretariat of the Council, be responsible for ensuring compliance with minimum security requirements applicable to the mission.

2.   EUPT Kosovo shall have a dedicated Security Officer reporting to the Head of EUPT Kosovo.

Article 9

Financial arrangements

1.   The financial reference amount intended to cover the expenditure related to EUPT Kosovo shall be EUR 3 005 000.

2.   The expenditure financed by the amount referred to in paragraph 1 shall be managed in accordance with the 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.   The Head of EUPT Kosovo shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract.

4.   The financial arrangements shall respect the operational requirements of EUPT Kosovo, including compatibility of equipment and interoperability of its teams.

5.   Expenditure shall be eligible as from the date of entry into force of this Joint Action.

Article 10

Coordination with other actors

1.   Close coordination between the EU and all relevant actors, including the UN/UNMIK, the OSCE, NATO/KFOR as well as other key actors such as the US and Russia, shall continue to ensure complementarity and synergy of the efforts of the international community. All EU Member States shall be kept fully informed on the coordination process.

2.   In performing his duties the Head of EUPT Kosovo shall participate in the EU coordination mechanisms established in Pristina, Kosovo.

Article 11

Status of staff of EUPT Kosovo

1.   Where required, the status of EUPT Kosovo staff in Kosovo, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUPT Kosovo shall be agreed in accordance with the procedure laid down in Article 24 of the Treaty. The SG/HR assisting the Presidency may negotiate such an agreement on its behalf.

2.   The Member State or EU institution having seconded a staff member shall be responsible for answering any claims linked to the secondment, from or concerning the staff member. The Member State or EU institution in question shall be responsible for bringing any action against the secondee.

3.   The conditions of employment and the rights and obligations of international and local contracted staff shall be laid down in the contracts between the Head of EUPT Kosovo and the staff member.

Article 12

Community action

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 the second subparagraph of Article 3 of the Treaty. The Council and the Commission shall cooperate to this end.

Article 13

Release of classified information

1.   The SG/HR shall be authorised to release to NATO/KFOR EU classified information and documents up to the level ‘CONFIDENTIEL UE’ generated for the purposes of the action, in accordance with the Council's security regulations.

2.   The SG/HR shall be authorised to release to the UN/UNMIK and the OSCE, in accordance with the operational needs of the EUPT Kosovo, EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of the action, in accordance with the Council's security regulations. Local arrangements shall be drawn up for this purpose.

3.   The SG/HR shall be authorised to release to third parties associated with this Joint Action EU non-classified documents related to the deliberations of the Council with regard to the action covered by the obligation of professional secrecy pursuant to Article 6(1) of Council Decision 2004/338/EC, Euratom of 22 March 2004 adopting the Council's Rules of Procedure (2).

Article 14

Review

By 31 October 2006 the Council shall evaluate whether the EUPT Kosovo should be continued after 31 December 2006, taking into account the necessity of a smooth transition to a possible EU crisis management operation in Kosovo.

Article 15

Entry into force and expiry

1.   This Joint Action shall enter into force on the date of its adoption.

2.   It shall expire on 31 December 2006.

Article 16

Publication

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 10 April 2006.

For the Council

The President

U. PLASSNIK            

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(1)OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2005/952/EC (OJ L 346, 29.12.2005, p. 18).

(2)OJ L 106, 15.4.2004, p. 22. Decision as last amended by Decision 2006/34/EC, Euratom (OJ L 22, 26.1.2006, p. 32).

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