Council Joint Action 2009/137/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in Kosovo
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: Kosovo, common foreign and security policy, diplomatic representation, the EU's international role

17.2.2009

EN

Official Journal of the European Union

L 46/69

COUNCIL JOINT ACTION 2009/137/CFSP

of 16 February 2009

extending the mandate of the 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:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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 Representa­
tive component (ICO/EUSR Preparation Team).

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

On 4 February 2008, the Council adopted Joint Action
2008/124/CFSP on the European Union Rule of Law
Mission in Kosovo, EULEX KOSOVO (2) and Joint
Action 2008/123/CFSP (3) appointing Mr Pieter FEITH
in
European Union Special Representative
Kosovo until 28 February 2009.

(EUSR)

On the basis of a review of Joint Action 2008/123/CFSP,
the EUSR should be extended for a
the mandate of
12-month period.

The Stabilisation and Association Process is the strategic
the EU’s policy towards the Western
framework of
Balkan region, and its instruments apply to Kosovo,
including
and
technical dialogue under the SAP Tracking Mechanism,
and related Community assistance programmes.

partnership,

European

political

a

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.

(1) OJ L 253, 16.9.2006, p. 29.
(2) OJ L 42, 16.2.2008, p. 92.
(3) OJ L 42, 16.2.2008, p. 88.

(8)

(9)

The Council foresees that the powers and authorities of
the EUSR and the powers and authorities of an Inter­
national 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

European Union Special Representative

The mandate of Mr Pieter FEITH as the European Union Special
in Kosovo is hereby extended until
Representative (EUSR)
28 February 2010.

Article 2

Policy objectives

the European Union (EU)

the EUSR shall be based on the policy
The mandate of
objectives of
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, demo­
cratic and multi-ethnic Kosovo, contributing to regional coop­
eration 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.

Article 3

Mandate

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;

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(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
information
issues. All press and public
(CFSP/ESDP)
activities will be conducted in close and continued coordi­
nation with the
Secretary-General/High Representative
(SG/HR) spokesperson/Council Secretariat Press Office;

(e) 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

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

The EUSR shall be responsible for the implementation of
the authority and operational

1.
the mandate acting under
direction of the SG/HR.

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

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

Article 7

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.

The financial reference amount

intended to cover the
1.
expenditure related to the mandate of the EUSR in the period
from 1 March 2009 to 28 February 2010 shall be
EUR 645 000.

Article 8

Security of classified information

2.
The expenditure financed by the amount stipulated in
paragraph 1 shall be eligible as from 1 March 2009. The expen­
diture shall be managed in accordance with the procedures and
rules applicable to the general budget of the European Commu­
nities. Nationals of the countries of the Western Balkans region
shall be allowed to tender for contracts.

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

1.
An EU dedicated staff shall be assigned to assist the EUSR
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

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

regulations (1),

security

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.

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

(1) OJ L 101, 11.4.2001, p. 1.

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The SG/HR shall be authorised to release to third parties
4.
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 (1).

Article 9

Access to information and logistical support

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

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

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

Article 10

Security
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
measures,
in conformity with his mandate and the security
for the
situation in his geographical area of responsibility,
security of all personnel under his direct authority, notably by:

(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,

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 the General
Affairs and External Relations Council with reports.

Article 12

Coordination

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
provide regular briefings to Member States' missions and the
Commission’s delegations.

In the field, close liaison shall be maintained with the
2.
the Commission and Member States' Heads of
Presidency,
Mission. They shall make best efforts to assist the EUSR in
the implementation 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 responsi­
bilities. 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.

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

(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;

(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.

(1) Decision 2006/683/EC, Euratom of 15 September 2006 adopting
the Council’s Rules of Procedure (OJ L 285, 16.10.2006, p. 47).

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.

Article 13

Review

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 2009 and a compre­
hensive mandate implementation report by mid-November
2009. 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

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

Article 14

Entry into force

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

Article 15

Publication

Done at Brussels, 16 February 2009.

For the Council
The President
O. LIŠKA