Council Joint Action 2006/623/CFSP of 15 September 2006 on the establishment of a EU-team to contribute to the preparations of the establishment of a possible international civilian mission in Kosovo, including a European Union Special Representative component (ICM/EUSR Preparation Team)
Date: 2006-09-15
Institutions: Council of the European Union
Subjects: Kosovo, committee (EU), common foreign and security policy, international security, operation of the Institutions, the EU's international role

16.9.2006

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Official Journal of the European Union

L 253/29

(Acts adopted under Title V of the Treaty on European Union)

COUNCIL JOINT ACTION 2006/623/CFSP

of 15 September 2006

on the establishment of a EU-team to contribute to the preparations of the establishment of a
a European Union Special
possible

civilian mission in Kosovo,

international

including

Representative component (ICM/EUSR Preparation Team)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and,
particular Article 14 and Article 25,
thereof,

in
third subparagraph,

Whereas:

(1)

(2)

(3)

Pursuant to United Nations Security Council Resolution
(UNSCR) 1244, a process to determine the future status
of Kosovo led by the UN Status Envoy Mr Martti
Ahtisaari was launched at the beginning of November
2005. 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. The EU has
it stands ready to enhance its role in
declared that
Kosovo following status settlement. The EU will thus
have to undertake an important role in Kosovo in a
complex environment.

The Stabilisation and Association Process is the strategic
the EU's policy towards the western
framework for
Balkan region, and its instruments are open to Kosovo,
including a European partnership, political and technical
dialogue under the SAP Tracking Mechanism, and related
Community assistance programmes.

(4)

On 12 July 2006 the SG/HR Solana and Commissioner
Rehn submitted their report on ‘The Future EU Role and

(5)

(6)

(7)

(8)

Contribution in Kosovo’
to the Council. The report
analysed the nature, size and responsibilities of a future
international engagement,
status
to realise Kosovo's
settlement, and practical means
future
the
EU perspective, without
outcome of the Status negotiations.

role after

the EU's

prejudice

to

The Report stressed that the future international civilian
mission in Kosovo (ICM) should be based on a UN SC
Resolution. It should ensure the implementation of non-
military aspects of the status settlement. The ICM will
work with the Kosovo authorities to support implemen-
tation of the status settlement, exercising intervention
powers if needed.

The Report recommended that the head of the ICM, who
will be the international community representative (ICR)
nominated by the UNSC, should be ‘double-hatted’ as EU
Special Representative (EUSR). The ICR/EUSR will assume
the central coordinating role with other international
issues relating to the implementation of
actors on all
the
appropriate
and
settlement
mechanisms. He/she will be an EU national appointed
at the time of the status settlement. An important part
of his/her mandate should be to play a major role in the
establishment of the ICM during the transitional period
between the status decision and the end of UNMIK's
mandate.

establish

status

The Report also recommended that an EU team to
including
contribute to the preparations of
the EUSR component, should be established as soon as
possible. The European Commission should be fully asso-
ciated to this effort. The ICM preparations should be
carried out in close cooperation with other key interna-
tional actors (notably UNOSEK, UNMIK, US).

the ICM,

In a letter to the SG/HR on 11 August 2006 the acting
UN SRSG for Kosovo Steven P. Schook welcomed the
EU's engagement in the discussions on the future inter-
national engagement in Kosovo and invited the EU to
deploy an ICM/EUSR Preparation Team to Pristina.

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Official Journal of the European Union

16.9.2006

(9)

(10)

On 10 April 2006, the Council adopted Joint Action
2006/304/CFSP (1) on the
establishment of an EU
Planning Team (EUPT Kosovo), regarding a possible EU
crisis management operation in Kosovo; the activities of
the ICM/EUSR Preparation Team should be closely co-
ordinated with those of EUPT Kosovo.

In accordance with the guidelines of
the European
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

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

for

community

the
tional
elements for the future EU contribution to a possible ICM,

and the Kosovo institutions,

— Ensuring, without prejudice to Community competences
and to the mandate of EUPT Kosovo, a comprehensive,
coherent and integrated EU role in Kosovo with regard to
timely preparation of the EU's support for the implemen-
tation of a status settlement.

Article 2

Tasks

In order to carry out its objectives the ICM/EUSR Preparation
Team shall focus on the following tasks:

1. conducting a

close dialogue, particularly through the
informal ICM task force, with all key local and international
partners on their views regarding the preparations of a
possible ICM;

(12)

The mandate of the ICM/EUSR Preparation Team will be
implemented in the context of a situation where stability
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,

2.

initiating, with international partners and in consultation
with UNOSEK, work on identifying possible elements for
functions, structure and personnel strength for a possible
ICM, including division of responsibilities and contributions
among
transitional
actors
arrangements;

international

and

any

HAS ADOPTED THIS JOINT ACTION:

Article 1

Objectives

The European Union hereby establishes a team to
1.
the establishment of a
contribute to the preparations of
including a
possible international civilian mission in Kosovo,
European Union Special Representative component (ICM/EUSR
Preparation Team). The ICM/EUSR Preparation Team shall be
operational no later than end September 2006.

The objectives of the ICM/EUSR Preparation Team shall

2.
be:

— to contribute to the preparations of the establishment of a
possible international civilian mission, in cooperation with
the international community and the Kosovo institutions,
and in close coordination with UNMIK regarding both its
plans to complete the implementation of UNSCR 1244 and
any necessary transitional arrangements towards a possible
ICM,

— to prepare,

cooperation with the European
Commission, as well as in consultation with the interna-

in full

(1) OJ L 112, 26.4.2006, p. 19.

3.

initiating work on identifying all necessary elements for the
EU contribution to a possible ICM,
including an EUSR
component;

4. conducting close coordination with all relevant local and

international partners, as set out in Article 10.

Article 3

Structure

The ICM/EUSR Preparation Team shall have an office of the
Head of the ICM/EUSR Preparation Team in Pristina, a team
ICM/EUSR
of advisors and an administration team. The
taking into
Preparation Team will be gradually deployed,
account the progress of the status talks.

Article 4

Head of the ICM/EUSR Preparation Team and staff

1. Mr Torbjörn Sohlström is hereby appointed Head of the
ICM/EUSR Preparation Team.

2.
The Head of the ICM/EUSR Preparation Team shall be
responsible for managing and coordinating the ICM/EUSR
Preparation Team's activities.

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Official Journal of the European Union

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the

The Head of

day-to-day management of

the ICM/EUSR Preparation Team shall
3.
assume
ICM/EUSR
Preparation Team and shall be responsible for staff and disci-
plinary matters. For seconded personnel, disciplinary action
shall be exercised by the national or EU authority concerned.

the

4.
The ICM/EUSR Preparation Team 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 seconded staff seconded by it including
salaries, medical coverage, travel expenses to and from Kosovo,
and allowances other than per diems.

5.
The ICM/EUSR Preparation Team may also recruit inter-
national 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 ICM/EUSR
Preparation Team shall carry out their duties and act in the
shall
sole interest of
respect the security principles and minimum standards estab-
lished by the Council Decision 2001/264/EC of 19 March 2001
adopting the Council's security regulations (1) (hereafter referred
to as Council's security regulations).

the EU supporting action. All

staff

Article 5

Chain of command

The structure of the ICM/EUSR Preparation Team shall

1.
have a unified chain of command.

The PSC shall provide the political control and strategic

2.
direction to the ICM/EUSR Preparation Team.

The SG/HR shall give guidance to the Head of

3.
ICM/EUSR Preparation Team.

the

4.
The Head of the ICM/EUSR Preparation Team shall lead
the ICM/EUSR Preparation Team and assume its day-to-day
management.

The Head of the ICM/EUSR Preparation Team shall report

5.
to the SG/HR.

Article 6

Political control and strategic direction

The PSC shall exercise, under the responsibility of the
the
the political control and strategic direction of

1.
Council,
ICM/EUSR Preparation Team.

(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).

The Council hereby authorises the PSC to take the relevant
2.
decisions in accordance with Article 25(3) of the Treaty on
European Union. This authorisation shall
include the powers
to appoint a Head of the ICM/EUSR Preparation Team, upon
from the SG/HR. The powers of decision with
a proposal
respect
the ICM/EUSR
to the objectives and termination of
Preparation Team shall remain vested in the Council.

specific

reports by the Head of

The PSC shall receive reports at regular intervals and may
3.
ICM/EUSR
request
Preparation Team on the
tasks
the
mentioned in Article 2 and on the coordination with other
actors referred to in Article 10. The PSC may invite the Head
of the ICM/EUSR Preparation Team to its meetings, as appro-
priate.

the
implementation of

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 the ICM/EUSR Preparation Team
provided that
the staff seconded by
including salaries, medical coverage, allowances, high-
them,
risk insurance and travel expenses to and from the mission
area, and contribute to the running costs of the ICM/EUSR
Preparation Team, as appropriate.

they bear the cost of

Article 8

Security

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

The ICM/EUSR Preparation Team shall have a dedicated
the ICM/EUSR

reporting to the Head of

2.
security officer
Preparation Team.

Article 9

Financial arrangements

The financial reference amount

1.
intended to cover the
expenditure related to ICM/EUSR Preparation Team shall be
EUR 869 000.

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The expenditure financed by the amount referred to in
2.
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.

The Head of

ICM/EUSR Preparation Team shall report
3.
fully to, and be supervised by, the Commission on the activities
undertaken in the framework of his contract. To this end, the
Head of the ICM/EUSR Preparation Team shall sign a contract
with the Commission.

Article 11

Status of staff of the ICM/EUSR Preparation Team

in Kosovo,

including where

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

appropriate

the

The financial arrangements shall respect the operational

4.
requirements of the ICM/EUSR Preparation Team.

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 of EU institution in question shall
be responsible for bringing any action against the secondee.

Expenditure shall be eligible as from the date of entry into

5.
force of this Joint Action.

Article 10

Coordination with other actors

The Head of

1.
the ICM/EUSR Preparation Team shall,
together with international partners, and in close consultation
with UNMIK, carry forward work in the informal ICM Task
Force.

2.
The ICM/EUSR Preparation Team shall meet regularly with
EUPT Kosovo and with other EU actors in order to ensure close
coordination and coherence in the preparation of the planning
for the EU's post-status engagement.

3.
The conditions of employment and the rights and obli-
gations of international and local contracted staff shall be laid
down in the contracts between the Head of the ICM/EUSR
Preparation Team 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 imple-
mentation of this Joint Action and external activities of the
Community in accordance with the second subparagraph of
Article 3 of the Treaty on European Union. The Council and
the Commission shall cooperate to this end.

3.
Close coordination between the EU and all relevant actors,
including the UN/UNMIK, UNOSEK, the OSCE, NATO/KFOR as
well as other key actors such as the US and Russia, will
continue to ensure complementarity and synergy of
the
efforts of the international community. To this end, the Head
of the ICM/EUSR Preparation Team shall play an active role in
the informal Steering Board for future arrangements in Pristina.

Article 13

Release of classified information

The SG/HR shall be authorised to release to NATO/KFOR
1.
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.

4.
In performing his/her duties the Head of the ICM/EUSR
Preparation Team shall participate in the EU coordination
mechanisms established in Pristina, Kosovo.

All EU Member States shall be kept fully informed on the

5.
coordination process.

authorised to release

The SG/HR shall be

2.
to the
UN/UNMIK and the OSCE, in accordance with the operational
needs of the ICM/EUSR Preparation Team, EU classified infor-
‘RESTREINT UE’
mation and documents up to the level
generated for the purposes of the action,
in accordance with
the Council's security regulations. Local arrangements shall be
drawn up for this purpose.

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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
action covered by the obligation of professional
secrecy
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 14

Article 15

Publication

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

Entry into force and expiry

Done at Brussels, 15 September 2006.

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

1.
adoption.

2.
It shall expire on 31 March 2007 or on the day of the
appointment of an EUSR for Kosovo if the appointment of an
EUSR occurs before 31 March 2007.

For the Council
The President

E. TUOMIOJA

(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).