Council Joint Action 2007/778/CFSP of 29 November 2007 amending and extending Joint Action 2006/304/CFSP 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: 2007-11-29
Institutions: Council of the European Union
Subjects: Kosovo, common foreign and security policy, cooperation policy, international security, police cooperation, rule of law, the EU's international role

L 312/68

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Official Journal of the European Union

30.11.2007

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2007/778/CFSP

of 29 November 2007

amending and extending Joint Action 2006/304/CFSP 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,

(5)

The advance procurement of equipment is considered to
entail important financial risks.

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

Whereas:

(6)

(7)

(1)

(2)

(3)

(4)

On 10 April 2006 the Council adopted Joint Action
2006/304/CFSP (1).

the Political

On 16 October 2007,
and Security
Committee (hereinafter referred to as ‘PSC’) agreed that
EUPT Kosovo should be extended for four months after
the expiry of the existing mandate on 30 November
2007, until 31 March 2008.

The Civilian Planning and Conduct Capability within the
Council Secretariat and EUPT Kosovo will continue
technical preparations for a future ESDP Mission in
informal and indicative force
Kosovo,
third States and for
generation,
procurement.

for participation of

including for

risk assessment on the launch of a
An operational
possible future ESDP Mission has shown that in order
to ensure that the Mission is equipped in line with the
planned force generation process by the day of
the
it is necessary to provide for a
transfer of authority,
significant advance procurement of equipment for the
Mission.

The advance procurement of equipment is separate from,
and without prejudice
to, any subsequent political
decision on whether to deploy the Mission.

for

in particular,

crisis management

On 18 June 2007, the Council approved Guidelines for
Command and Control Structure
for EU Civilian
in Crisis Management. These Guidelines
Operations
provide,
a Civilian Operation
that
Commander will exercise command and control at
the planning and conduct of all
strategic level
civilian
the
operations,
political control and strategic direction of the PSC and
the overall authority of the Secretary-General/High Repre-
sentative for the CFSP (hereinafter referred to as ‘SG/HR’).
These Guidelines further provide that the Director of the
Civilian Planning and Conduct Capability (CPCC) estab-
lished within the Council Secretariat will, for each civilian
crisis management operation, be the Civilian Operation
Commander.

under

(8)

The above-mentioned Command and Control Structure is
without prejudice to the contractual responsibilities of
the Head of EUPT Kosovo towards the Commission for
implementing the budget of EUPT Kosovo.

(9)

The watch-keeping capability established within the
Council Secretariat should be activated for EUPT Kosovo.

(1) OJ L 112, 26.4.2006, p. 19. Joint Action as last amended by Joint

Action 2007/520/CFSP (OJ L 192, 24.7.2007, p. 28).

(10)

Joint Action 2006/304/CFSP should be extended and
amended accordingly,

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HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2006/304/CFSP is hereby amended as follows:

1. Article 2(5) shall be replaced by the following:

to

the

actions

feasible

procure

and cost

Proposing

‘5.
Identifying the needs of the possible future EU crisis
management operation regarding its
required means of
support, including all equipment, services and premises and
drawing up related terms of reference or technical specifi-
required
cations.
equipment, services and premises, taking into account the
possibility of taking over suitable equipment, premises and
material from available sources, including UNMIK, where it is
efficient. Launching tender
relevant,
procedures and awarding contracts to enable the delivery
of equipment, services and premises in time to ensure that
the mission is adequately equipped by the day of the transfer
of authority. This shall be done in two stages. The first stage
shall begin upon the adoption of the this Joint Action and
IT
shall provide for procurement, notably of vehicles,
premises
equipment,
communications
(equipment & refurbishment),
and
uniforms, of up to 75 % of the budget allocated for capital
expenditure. The second stage, covering the remaining
the mission, shall begin following
procurement needs of
the agreement of
to establish an EU crisis
management operation.’;

security equipment,

the Council

equipment,

2. The following article shall be inserted:

‘Article 3a

Civilian Operation Commander

1.
The Civilian Planning and Conduct Capability (CPCC)
Director shall be the Civilian Operation Commander for
EUPT Kosovo.

2.
The Civilian Operation Commander, under the political
control and strategic direction of the PSC and the overall
authority of the SG/HR, shall exercise command and control
of EUPT Kosovo at the strategic level.

The Civilian Operation Commander
implementation of
the PSC's decisions,

shall
ensure
3.
the Council's
proper
and effective
decisions as well as
including by
issuing instructions at strategic level as required to the
Head of EUPT Kosovo.

All

seconded staff

full
shall
4.
command of the national authorities of the sending State
or EU institution. National authorities shall transfer Opera-
tional Control (OPCON) of their personnel, teams and units
to the Civilian Operation Commander.

remain under

the

5.
The Civilian Operation Commander has overall respon-
sibility for ensuring that the European Union's duty of care is
properly discharged.’;

3. Article 4 shall be replaced by the following:

‘Article 4

Head of EUPT Kosovo and staff

1.
The Head of EUPT Kosovo shall assume responsibility
and exercise command and control of EUPT Kosovo at
theatre level.

2.
The Head of EUPT Kosovo shall exercise command and
control over personnel, teams and units from contributing
States as assigned by the Civilian Operation Commander
together with administrative
responsibility,
including over assets, resources and information put at the
disposal of EUPT Kosovo.

and logistic

The Head of EUPT Kosovo shall issue instructions to all
3.
including in this case the Brussels
EUPT Kosovo staff,
support element, for the effective conduct of EUPT Kosovo
in theatre,
coordination and day-to-day
management, following the instructions at strategic level of
the Civilian Operation Commander.

assuming its

4.
The Head of EUPT Kosovo shall be responsible for the
implementation of EUPT Kosovo's budget. For this purpose,
the Head of EUPT Kosovo shall sign a contract with the
Commission.

The Head of EUPT Kosovo shall be responsible for
5.
disciplinary control over the staff. For seconded staff, disci-
plinary action shall be exercised by the national or EU
authority concerned.

The Head of EUPT Kosovo shall

6.
represent EUPT
Kosovo in the operations area and shall ensure appropriate
visibility of EUPT Kosovo.

The Head of EUPT Kosovo shall coordinate, as appro-

7.
priate, with other EU actors on the ground.

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EUPT Kosovo shall primarily consist of civilian staff
8.
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
and
coverage,
allowances other than per diems.

to and from Kosovo,

expenses

travel

EUPT Kosovo may also recruit international staff and

9.
local staff on a contractual basis if necessary.

All staff shall carry out their duties and act in the sole
10.
interest of EUPT Kosovo. 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
referred to as
“Council's security regulations”) (1).’;

security regulations

(hereinafter

Head of the EU crisis management operation in Kosovo once
the latter has been appointed.

6.
The Head of EUPT Kosovo shall report to the Civilian
Operation Commander. Following the establishment of the
EU crisis management operation in Kosovo and before the
launch of its operational phase, the Head of EUPT Kosovo
shall report to the Civilian Operation Commander through
the Head of the EU crisis management operation in Kosovo
once the latter has been appointed.

Once the PSC has reached an agreement in principle
7.
on the
the EU crisis
management operation, appropriate liaison and coordination
shall be ensured by the Head of EUPT Kosovo.’;

appointment of

the Head of

4. Article 5 shall be replaced by the following:

5. Article 6 shall be replaced by the following:

‘Article 5

Chain of Command

1.

EUPT Kosovo shall have a unified chain of command.

Under the responsibility of the Council, the PSC shall
2.
exercise political control and strategic direction of EUPT
Kosovo.

3.
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 EUPT
Kosovo at strategic level and, as such, shall issue instructions
to the Head of EUPT Kosovo and provide him with advice
and technical support. Following the establishment of the EU
crisis management operation in Kosovo and before the
the mission,
launch of
the
issue instructions to
Civilian Operation Commander shall
the Head of EUPT Kosovo through the Head of the EU
crisis management operation in Kosovo once the latter has
been appointed.

the operational phase of

‘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. The Council hereby authorises the PSC to take the
relevant decisions for this purpose in accordance with Article
25 of the Treaty. This authorisation shall include the powers
to take subsequent decisions regarding the appointment of
the Head of EUPT Kosovo. The powers of decision with
respect to the objectives and termination of EUPT Kosovo
shall remain vested in the Council.

2.

The PSC shall report to the Council at regular intervals.

The PSC shall

receive, on a regular basis and as
3.
reports by the Civilian Operation Commander
required,
and the Head of EUPT Kosovo on issues within their areas
of responsibility.’;

The Civilian Operation Commander shall report to the

4.
Council through the SG/HR.

6. Article 8 shall be replaced by the following:

5.
The Head of EUPT Kosovo shall exercise command and
control of EUPT Kosovo at theatre level and shall be directly
responsible to the Civilian Operation Commander. Following
the establishment of the EU crisis management operation in
Kosovo and before the launch of its operational phase, the
Head of EUPT Kosovo shall act under the direction of the

(1) OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision

2007/438/EC (OJ L 164, 26.6.2007, p. 24).

‘Article 8

Security

1.
the
The Civilian Operation Commander shall direct
Head of EUPT Kosovo in his planning of security measures
and ensure their proper and effective implementation for
EUPT Kosovo in accordance with Articles 3a and 5 and in
coordination with the Security Office of the General Secre-
tariat of the Council (hereinafter referred to as “GSC Security
Office”).

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The Head of EUPT Kosovo shall be responsible for the
2.
security of EUPT Kosovo and for ensuring compliance with
minimum security requirements applicable to EUPT Kosovo
in line with the policy of
the European Union on the
security of personnel deployed outside the EU in an opera-
tional capacity under Title V of the Treaty on European
Union and its supporting documents.

EUPT Kosovo shall have a dedicated Security Officer

3.
reporting to the Head of EUPT Kosovo.

EUPT personnel

4.
training before their entry into function.’;

shall undergo mandatory security

9. Article 15(2) shall be replaced by the following:

‘2.

It shall expire on 31 March 2008.’.

Article 2

The financial reference amount as set out in Article 9(1), second
sub-paragraph, of
Joint Action 2006/304/CFSP shall be
increased by EUR 22 000 000, to a total of EUR 76 500 000,
in order to cover the expenditure related to the mandate of
EUPT Kosovo for
the period from 1 December 2007 to
31 March 2008.

7. The following Article shall be inserted:

Article 3

‘Article 13a

Watch-keeping

The watch-keeping capability shall be activated for EUPT
Kosovo.’;

8. Article 14 shall be replaced by the following:

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

its

Article 4

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

‘Article 14

Review

Done at Brussels, 29 November 2007.

The Council shall by 31 January 2008 evaluate whether
EUPT Kosovo should be continued after 31 March 2008,
taking into account the necessity for a smooth transition
to a possible EU crisis management operation in Kosovo.’;

For the Council
The President

M. LINO