Council Joint Action 2008/299/CFSP of 7 April 2008 amending Joint Action 2004/551/CFSP on the establishment of the European Defence Agency
Date: 2008-04-07
Institutions: Council of the European Union
Subjects: EU office or agency, European Defence Agency

L 102/34

EN

Official Journal of the European Union

12.4.2008

COUNCIL JOINT ACTION 2008/299/CFSP

of 7 April 2008

amending Joint Action 2004/551/CFSP on the establishment of the European Defence Agency

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS JOINT ACTION:

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

in

Joint Action 2004/551/CFSP is hereby amended as follows:

Article 1

the Council adopted Joint Action
On 12 July 2004,
2004/551/CFSP on the establishment of the European
Defence Agency (1)
the
(hereinafter
Agency), providing,
inter alia, that the Chief Executive
of the Agency, and his/her Deputy, are to be appointed
by the Steering Board of the Agency on a proposal from
the Head of the Agency and that they are to act under
the authority of
the Agency and in
the Head of
accordance with the decisions of the Steering Board.

referred to as

the Agency on the implementation of

The Steering Board agreed on 25 September 2007 to
in line with the report presented by the
recommend,
Head of
Joint
Action 2004/551/CFSP, pursuant to Article 27 thereof,
that Council amend the said Joint Action in respect of
the creation of a second Deputy Chief Executive post and
to mandate a further review in 2010.

1.

in Article 9(1), subparagraph 1.5 shall be replaced by the
following:

‘1.5. appoints the Chief Executive and his/her two Deputies;’;

2.

in Article 10, paragraphs 1 and 2 shall be replaced by the
following:

‘1.
The Chief Executive, and his/her two Deputies, shall be
appointed by the Steering Board on a proposal from the
Head of the Agency for three years. The Steering Board
may grant a two-year extension. The Chief Executive, and
his/her two Deputies, shall act under the authority of the
Head of the Agency and in accordance with the decisions of
the Steering Board.

2.
The Chief Executive, assisted by his/her two Deputies,
shall take all necessary measures to ensure the efficiency and
shall be
effectiveness of
responsible for the oversight and coordination of the func-
tional units, in order to ensure the overall coherence of their
work. He/she shall be the head of the Agency's staff.’;

the Agency's work. He/she

Therefore,
amended accordingly.

Joint Action 2004/551/CFSP should be

3. Article 27 shall be replaced by the following:

In accordance with Article 6 of
the Protocol on the
position of Denmark annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark does not participate in
the elaboration and implementation of decisions and
actions of the European Union which have defence impli-
cations. Denmark has therefore not participated in the
elaboration and adoption of this Joint Action and shall
not be bound by it,

(1) OJ L 245, 17.7.2004, p. 17.

‘Article 27

Review clause

The Head of the Agency shall present no later than 30 June
2010 a report to the Steering Board on the implementation
of this Joint Action, with a view to its possible review by the
Council.’

Article 2

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

its

Whereas:

(1)

(2)

(3)

(4)

12.4.2008

EN

Official Journal of the European Union

L 102/35

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

Article 3

Done at Luxembourg, 7 April 2008.

For the Council
The President
R. ŽERJAV