Council Joint Action 2008/123/CFSP of 4 February 2008 appointing a European Union Special Representative in Kosovo
Date: 2008-02-04
Institutions: Council of the European Union
Subjects: Kosovo, appointment of staff, diplomatic representation, the EU's international role

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2008/123/CFSP

of 4 February 2008

appointing a European Union Special Representative in Kosovo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and,
particular Articles 14, 18(5) and 23(2) thereof,

in

Whereas:

On 10 June 1999 the United Nations Security Council
adopted Resolution 1244.

On 15 September 2006,
the Council adopted Joint
Action 2006/623/CFSP (1) on the establishment of a
team to contribute to the preparations of
the estab-
lishment of a possible International Civilian Office in
Kosovo,
including a European Union Special Represen-
tative component (ICO/EUSR Preparation Team).

On 13/14 December 2007,
the European Council
underlined that the EU stands ready to play a leading
role in strengthening stability in the region and in imple-
menting a settlement defining Kosovo's future status. It
stated the EU's readiness to assist Kosovo in the path
towards
including by an ESDP
mission and a contribution to an International Civilian
Office as part of the international presences.

sustainable stability,

including a European partnership, political and technical
dialogue under the SAP Tracking Mechanism, and related
Community assistance programmes.

(6)

(7)

(8)

The EUSR's mandate should be implemented in coordi-
nation with the Commission in order
to ensure
consistency with other relevant activities falling within
Community competence.

The Council foresees that the powers and authorities of
the EUSR and the powers and authorities of an Interna-
tional Civilian Representative shall be vested in the same
person.

The EUSR will implement his mandate in the context of
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 ACTION:

Article 1

Appointment

Mr Pieter Feith is hereby appointed as European Union Special
Representative (EUSR) in Kosovo for the period from the date
of adoption of the Joint Action to 28 February 2009.

In parallel with this Joint Action, the Council will adopt a
Joint Action on the European Union Rule of Law Mission
in Kosovo (EULEX KOSOVO).

Article 2

Policy objectives

The Stabilisation and Association Process is the strategic
framework for the EU's policy towards the Western
Balkan region, and its instruments apply to Kosovo,

(1) OJ L 253, 16.9.2006, p. 29.

Joint Action as last amended and
extended by Joint Action 2007/744/CFSP (OJ L 301, 20.11.2007,
p. 27).

the EUSR shall be based on the policy
The mandate of
objectives of
the EU in Kosovo. These include to play a
leading role in strengthening stability in the region and in
implementing a settlement defining Kosovo's future status,
with the aim of a stable, viable, peaceful, democratic and
multi-ethnic Kosovo, contributing to regional cooperation and
stability, on the basis of good neighbourly relations; a Kosovo
that is committed to the rule of law and to the protection of
minorities, and of cultural and religious heritage.

(1)

(2)

(3)

(4)

(5)

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Article 3

Mandate

Until the expiry of Joint Action 2006/623/CFSP, the EUSR
3.
shall be supported by the Preparation Team established thereby.

In order to achieve the policy objectives of the EU in Kosovo,
the mandate of the EUSR shall be to:

(a) offer the EU's advice and support in the political process;

(b) promote overall EU political coordination in Kosovo;

(c) provide local political guidance to the Head of the European
Union Rule of Law Mission in Kosovo (EULEX KOSOVO),
including on the political aspects of
issues relating to
executive responsibilities;

(d) ensure consistency and coherence of EU action towards the
public. The EUSR spokesperson shall be the main EU point
for Kosovo media on Common Foreign and
of contact
and Defence Policy
Security Policy/European Security
(CFSP/ESDP)
information
issues. All press and public
activities will be conducted in close and continued coordi-
nation with the SG/HR spokesperson/Council Secretariat
Press Office;

(e) until the expiry of 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
component
a European Union Special Representative
(ICM/EUSR Preparation Team), give political guidance and
operational direction to the Head of the Preparation Team
established thereby, preparing for the EU contribution to an
International Civilian Office;

(f) contribute to the development and consolidation of respect
for human rights and fundamental
freedoms in Kosovo,
including with regard to women and children, in accordance
with EU human rights policy and EU guidelines on Human
Rights.

Article 4

Implementation of the mandate

The EUSR shall be responsible for the implementation of
1.
the mandate acting under
the authority and operational
direction of the Secretary General/High Representative (SG/HR).

2.
The Political and Security Committee (PSC) shall maintain
a privileged link with the EUSR and shall be the primary point
of contact with the Council. The PSC shall provide the EUSR
with strategic guidance and political direction within the
framework of the mandate.

Article 5

Financing

The financial reference amount

1.
intended to cover the
expenditure related to the mandate of the EUSR in the period
from the date of adoption of this Joint Action to 28 February
2009 shall be EUR 380 000.

The expenditure financed by the amount stipulated in
2.
paragraph 1 shall be eligible as from the date of adoption of
this
Joint Action. The expenditure shall be managed in
accordance with the procedures and rules applicable to the
the European Communities with the
general budget of
remain the
shall not
exception that
property of the Community. Nationals of the countries of the
Western Balkans region shall be allowed to tender for contracts.

any pre-financing

3.
The management of the expenditure shall be subject to a
contract between the EUSR and the Commission. The EUSR
shall be accountable to the Commission for all expenditure.

Article 6

Constitution and composition of the team

An EU dedicated staff shall be assigned to assist the EUSR
1.
to implement his mandate and contribute to the coherence,
visibility and effectiveness of the overall EU action in Kosovo.
Within the limits of his mandate and the corresponding
financial means made available, the EUSR shall be responsible
for constituting his team in consultation with the Presidency,
assisted by the SG/HR, and in full association with the
Commission. The team shall
include expertise on specific
policy issues as required by the mandate. The EUSR shall
inform the SG/HR, the Presidency and the Commission of the
composition of his team.

2. Member States and Institutions of the European Union
may propose the secondment of staff to work with the EUSR.
The salary of personnel who are seconded by a Member State or
an institution of the European Union to the EUSR shall be
covered by the Member State or
the
European Union concerned, respectively. Experts seconded by
Member States to the General Secretariat of the Council may
also be posted to the EUSR. International contracted staff shall
have the nationality of an EU Member State.

the institution of

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All seconded personnel shall remain under the adminis-
3.
trative authority of the sending Member State or EU institution
and shall carry out their duties and act in the interest of the
mission of the EUSR.

The Presidency, the Commission and/or Member States, as

2.
appropriate, shall provide logistical support in the region.

Article 7

Article 10

Security

Privileges and immunities of the EUSR and his staff

The privileges, immunities and further guarantees necessary for
the completion and smooth functioning of the mission of the
EUSR and the members of his staff shall be agreed as appro-
priate. Member States and the Commission shall grant all
necessary support to such effect.

In accordance with the EU's policy on the security of personnel
deployed outside the EU in an operational capacity under Title
V of the Treaty, the EUSR shall take all reasonably practicable
in conformity with his mandate and the security
measures,
situation in his geographical area of responsibility,
for the
security of all personnel under his direct authority, notably by:

Article 8

Security of classified information

1.
The EUSR and the members of his team shall respect
security principles and minimum standards established by
Council Decision 2001/264/EC of 19 March 2001 adopting
the Council's Security Regulations (1),
in particular when
managing EU classified information.

(a) establishing a mission-specific

security plan based on
the Council,
guidance from the General Secretariat of
including mission-specific physical, organisational
and
procedural security measures, governing management of
the
the secure movement of personnel
security
mission area, as well as
incidents
and
and including
evacuation plan;

the management of
a mission contingency

to, and within,

2.
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.

(b) ensuring that all personnel deployed outside the EU are
covered by high risk insurance as required by the conditions
in the mission area;

3.
The SG/HR shall be authorised to release to the UN and
in accordance with the operational needs of the
the OSCE,
EUSR, EU classified information and documents up to the
level ‘RESTREINT UE’ which are generated for the purposes of
the action, in accordance with the Council's security regulations.
Local arrangements shall be drawn up for this purpose.

(c) ensuring that all members of his team to be deployed
outside the EU,
including locally contracted personnel,
have received appropriate security training before or upon
arriving in the mission area, based on the risk ratings
assigned to the mission area by the General Secretariat of
the Council;

4.
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 the Council's Rules of Procedure (2).

Article 9

Access to information and logistical support

1. Member States, the Commission and the Council Secre-
tariat shall ensure that the EUSR is given access to any relevant
information.

(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).

(2) Decision 2006/683/EC, Euratom of 15 September 2006 adopting
the Council's Rules of Procedure (OJ L 285, 16.10.2006, p. 47).
Decision as last amended by Decision 2007/881/EC (OJ L 346,
29.12.2007, p. 17).

(d) ensuring that all agreed recommendations made following
regular security assessments are implemented and providing
the SG/HR, the Council and the Commission with written
reports on their implementation and on other security
issues within the framework of the mid-term and mandate
implementation reports.

Article 11

Reporting

The EUSR shall regularly provide the SG/HR and the PSC with
oral and written reports. The EUSR shall also report as
necessary to working groups. Regular written reports shall be
circulated through the COREU network. Upon recommendation
of the SG/HR or the PSC, the EUSR may provide General Affairs
and External Relations Council with reports.

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Article 12

Coordination

Article 13

Review

1.
The EUSR shall promote overall EU political coordination.
He shall help ensure that all EU instruments in the field are
engaged coherently to attain the EU's policy objectives. The
activities of the EUSR shall be coordinated with those of the
Presidency and the Commission, as well as those of other
EUSRs active in the region as appropriate. The EUSR shall
to Member States' missions and
provide regular briefings
Commission's delegations.

2.
In the field, close liaison shall be maintained with
Presidency, Commission and Member States' Heads of Mission
who shall make best efforts to assist the EUSR in the imple-
mentation of
the mandate. The EUSR shall provide local
political guidance to the Head of the European Union Rule of
Law Mission in Kosovo (EULEX KOSOVO),
including on the
political aspects of issues relating to executive responsibilities.
The EUSR and the Civilian Operation Commander will consult
each other as required.

The EUSR shall also liaise with relevant local bodies and

3.
other international and regional actors in the field.

The implementation of this Joint Action and its consistency
with other contributions from the European Union to the
region shall be kept under regular review. The EUSR shall
present the SG/HR, the Council and the Commission with a
progress report before the end of June 2008 and a compre-
hensive mandate implementation report by mid-November
2008. These reports shall form a basis for evaluation of this
Joint Action in the relevant working groups and by the PSC. In
the context of overall priorities for deployment, the SG/HR shall
make recommendations to the PSC concerning the Council's
decision on renewal,
the
amendment or
mandate.

termination of

Article 14

Entry into force

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

its

Article 15

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

Done at Brussels, 4 February 2008.

4.
The EUSR, with other EU actors present in the field, shall
ensure the dissemination and sharing of information among EU
actors in theatre with a view to achieving a high degree of
common situation awareness and assessment.

For the Council
The President

D. RUPEL