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
Date: 2006-04-10
Institutions: Council of the European Union
Subjects: Kosovo, committee (EU), common foreign and security policy, cooperation policy, international security, operation of the Institutions, police cooperation, rule of law, the EU's international role

26.4.2006

EN

Official Journal of the European Union

L 112/19

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,

in close cooperation with the relevant partners and inter-
national organisations.

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

Whereas:

(1)

(2)

(3)

(4)

Pursuant to United Nations Security Council Resolution
(UNSCR) 1244, a process to determine the future status
of Kosovo was launched at the beginning of November
2005 with the appointment of the UN Status Envoy, Mr
Martti Ahtisaari. The success of this process is essential
not only for providing a clearer perspective for the
people of Kosovo but also for the overall stability of
the region.

The United Nations will remain fully engaged in Kosovo
until the end of UNSCR 1244. However, the UN has
indicated that it will no longer take the lead in a post-
Status presence. The EU has a vital interest in a positive
result of this process, as well as the responsibility and the
means to contribute to such an outcome. It is likely that
the EU together with other partners will make a major
contribution. The EU will thus have to undertake an
important role in Kosovo in a complex environment. It
could take on responsibility for significant operations,
particularly in the police and rule of law area.

The Stabilisation and Association Process (hereinafter
referred to as ‘SAP’) is the strategic framework for the
EU's policy towards the Western Balkan region, and its
instruments are open to Kosovo, including a European
Partnership, political and technical dialogue under the
SAP Tracking Mechanism, inter alia, regarding standards
in the field of rule of
law, and related Community
assistance programmes.

In June 2005 the European Council stressed that Kosovo
would, in the medium term, continue to need a civilian
and military presence to ensure security and in particular
protection for minorities, to help with the continuing
implementation of standards and to exercise appropriate
supervision of compliance with the provisions contained
in the status agreement. In this respect, the European
Council stressed the EU's willingness to play a full part,

(5)

(6)

(7)

(8)

7 November

the Council welcomed
On
2005
the
Ambassador Kai Eide's Comprehensive Review of
situation in Kosovo and expressed its full support for
the UN Secretary General's intention to start a political
process to determine Kosovo's future status.

the possibility of
in Kosovo,

the EU enhancing its
In view of
the Council on 7 November
engagement
2005 also invited the Secretary-General/High Represen-
tative (hereinafter referred to as ‘SG/HR’) together with
the Commission to continue their work in identifying the
possible future EU role and contribution, including in the
areas of police, rule of law and the economy, and to
submit joint proposals to the Council in the near future.

On 6 December 2005 the SG/HR and the Commission
submitted their report on ‘The Future EU Role and
Contribution in Kosovo’
to the Council. The report
suggested an outline for the EU's future involvement in
Kosovo.
It stressed the desire to normalise the EU's
relations with Kosovo as far as possible by using all
the instruments available within the SAP. In addition it
stressed the need to prepare for a future ESDP mission,
including by creating and deploying a regular Planning
Team soon enough to initiate EU planning for an inte-
grated EU mission inter alia in the areas of rule of law
and police.

On 12 December 2005 the Council reiterated its full
support for the political process to determine Kosovo's
future status and for Mr Martti Ahtisaari. It also reiterated
its determination to participate fully in the definition of
the status of Kosovo and its readiness to be closely
involved in the negotiations and implementation of
Kosovo's future status, through the EU representative to
the Kosovo future status process. The Council stressed
again the paramount importance of the ongoing imple-
mentation of standards now and in the future to help
progress towards European standards. In particular, the
Provisional Institutions of Self-Government need to make
further progress on protection of minorities, full respect
for the rule of law, a transparent public administration
free from political
interference, a climate conducive to
returns, and the protection of cultural and religious sites.

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Official Journal of the European Union

26.4.2006

(9)

On 12 December 2005 the Council also ‘welcomed the
joint report by the SG/HR and the Commission on the
EU's future role and contribution in Kosovo. It asked the
SG/HR and the Commission to continue the examination
of these issues in coordination with other international
actors, particularly in the areas of police and the rule of
law (including contingency planning for a possible ESDP
mission), economic development and fostering Kosovo's
European perspective, and to keep the relevant Council
bodies actively engaged in order to ensure continuing
timely preparation of an EU role in Kosovo.’

(16)

(17)

Recourse should be made to the extent possible to rede-
ployment of equipment left over from other current or
terminated EU operational activities, especially EUPOL
PROXIMA, EUPAT and EUPM,
taking into account
operational needs and the principles of sound financial
management.

The mandate of EUPT Kosovo will be implemented in
the context of a situation where the rule of law is not
fully secured and which could harm the objectives of the
Common Foreign and Security Policy as set out in Article
11 of the Treaty,

future

possible

(10) A Joint Council-Commission Fact Finding Mission to
Kosovo took place between 19 and 27 February 2006
regarding
and Community
engagement in the broader field of the rule of law. In
its report, the Fact Finding Mission, recommended, inter
alia, that the EU establish a Planning Team tasked to
ensure that EU decision-making could be based on a
solid and well analysed basis that is in step with the
future status process.

ESDP

(11)

In a letter to the SG/HR on 4 April 2006, the UN SRSG
Jessen-Petersen welcomed the EU's engagement in the
discussions on the future international engagement in
Kosovo and invited the EU to deploy an EU Planning
Team for Kosovo (EUPT Kosovo) to Pristina.

(12) During the Fact Finding Mission and other consultations
with the EU,
Institutions of Self
the Provisional
Government indicated that they would welcome an EU
Planning Team tasked to take forward contingency
planning for a possible ESDP mission in the field of
rule of law.

(13)

(14)

The establishment of an EUPT Kosovo will not in any
way or form prejudge the outcome of the Future Status
process or any subsequent decision by the EU to launch
an ESDP mission in Kosovo.

the European
In accordance with the guidelines of
Council meeting at Nice on 7 to 9 December 2000,
this
the
Joint Action should determine the role of
SG/HR,
in accordance with Articles 18(3) and 26 of
the Treaty.

reference amount

(15) Article 14(1) of the Treaty calls for the indication of a
the whole period of
financial
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 legislative
authority and is subject to the availability of commitment
appropriations during the respective budget year.

for

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:

— to initiate planning,

including necessary procurement
processes, to ensure a smooth transition between selected
tasks of UNMIK and a possible EU crisis management
operation, in the field of rule of law and other areas that
in the context of the
might be identified by the Council
future status process,

— to provide technical advice as necessary in order for the EU
to contribute to support and maintain the dialogue with
UNMIK as regards its plans for downsizing and transferral
of competencies to the local institutions.

Article 2

Tasks

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

1. Initiating a dialogue with the international community, the
Kosovo institutions and local stakeholders on their views and
considerations regarding operational issues linked to future
arrangements.

2. Following closely and analysing UNMIK planning towards

the end of its mandate, and actively providing advice.

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Official Journal of the European Union

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3. Initiating planning to allow the smooth transfer of authority
from selected tasks of UNMIK to a future EU crisis
management operation,
law and
other areas that might be identified by the Council in the
context of the future status process.

in the field of rule of

2.

EUPT Kosovo shall establish:

— an office in Pristina,

elements

4. Initiating work on identifying possible

for
mandates, objectives, specific tasks and programmes and
personnel strength for a possible EU crisis management
operation,
including a draft budget, which can be used as
a basis for later decision making by the EU. In this context
the EUPT Kosovo shall
initiate reflections on the devel-
opment of exit strategies.

5. Drafting and preparing all possible aspects of procurement
the possible EU crisis management

for

requirements
operation.

6. Ensuring appropriate logistical support for a possible EU
including through the estab-
crisis management operation,
lishment of a warehouse capacity enabling it
to store,
maintain and service equipment, including transferred from
other present or former EU crisis management operation,
where this will contribute to the overall effectiveness and
efficiency of the possible EU crisis management operation.

7. Drafting and preparing threat and risk analysis, under the
guidance of the EU SITCEN and the Council Security Office,
for the various component parts of a possible EU crisis
management operation in Kosovo and devising an indicative
budget (drawing on the experience of OMIK and UNMIK) for
the cost of security.

8. Contributing

and integrated EU
comprehensive
approach, taking into account assistance in the police and
judiciary area provided in the framework of the SAP.

to a

9. In the context of contingency planning for a possible EU
crisis management operation in Kosovo, exchanging, as
appropriate, specific assistance with EU crisis management
operations or Fact Finding/Preparatory missions
the
establishment of EU crisis management operations. Such
assistance shall be explicitly agreed upon by the Head of
EUPT Kosovo and shall be for a limited period of time.

for

Article 3

Structure

1.

EUPT Kosovo shall in principle be structured as follows:

— an office of the Head of EUPT Kosovo,

— a police team,

— a justice team,

— an administration team.

— a coordinating office in Brussels.

Article 4

Head of the EUPT Kosovo and staff

The Head of the EUPT Kosovo shall be responsible for

1.
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.

The Head of EUPT Kosovo shall sign a contract with the

3.
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.

EUPT Kosovo may also recruit international staff and local

5.
staff on a contractual basis, as required.

their sending
6. While remaining under the authority of
Member States or EU institutions, all
in the EUPT
staff
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
referred to as
Council's
‘Council's security regulations’).

security regulations (1)

(hereinafter

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

The structure of EUPT Kosovo shall have a unified chain

1.
of command.

The PSC shall provide the political control and strategic

2.
direction to EUPT Kosovo.

(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).

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

3.
Kosovo.

Article 9

Financial arrangements

The Head of EUPT Kosovo shall lead EUPT Kosovo and

4.
assume its day-to-day management.

The financial reference amount

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

5.

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

Article 6

Political control and strategic direction

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.

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

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.

2.
The Council hereby authorises the PSC to take the relevant
decisions in accordance with Article 25 of the Treaty. This
include the powers to appoint a Head of
authorisation shall
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
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.

the staff seconded by them,

Article 8

Security

The Head of EUPT Kosovo shall be responsible for the
1.
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.

EUPT Kosovo shall have a dedicated Security Officer

2.
reporting to the Head of EUPT Kosovo.

The financial arrangements shall respect the operational
including compatibility of

4.
requirements of EUPT Kosovo,
equipment and interoperability of its teams.

Expenditure shall be eligible as from the date of entry into

5.
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 inter-
national community. All EU Member States shall be kept fully
informed on the coordination process.

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

Article 11

Status of staff of EUPT Kosovo

the status of EUPT Kosovo staff

in
1. Where required,
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.

The Member State or EU institution having seconded a
2.
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.

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

to Article 6(1) of Council Decision 2004/338/EC,
pursuant
Euratom of 22 March 2004 adopting the Council's Rules of
Procedure (1).

Article 12

Community action

The Council and the Commission shall, each in accordance with
its respective powers, ensure consistency between the imple-
mentation 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.

authorised to release

The SG/HR shall be

2.
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.

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

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

1.
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.

The SG/HR shall be authorised to release to third parties
3.
associated with this Joint Action EU non-classified documents
related to the deliberations of the Council with regard to the
secrecy
action covered by the obligation of professional

For the Council
The President

U. PLASSNIK

(1) 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).