13.6.2014 EN Official Journal of the European Union L 174/42
COUNCIL DECISION 2014/349/CFSP
of 12 June 2014
amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP (2).
(2) On 8 June 2010, the Council adopted Decision 2010/322/CFSP (3) which amended Joint Action 2008/124/CFSP and extended the duration of European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) for a period of two years until 14 June 2012.
(3) On 6 June 2012, the Council adopted Decision 2012/291/CFSP (4) which amended Joint Action 2008/124/CFSP and extended the duration of EULEX KOSOVO for a period of two years until 14 June 2014.
(4) Following the recommendations in the Strategic Review adopted in 2014, it is necessary to extend the duration EULEX KOSOVO for a further period of two years.
(5) On 27 May 2013, the Council adopted Decision 2013/241/CFSP (5) which amended Joint Action 2008/124/CFSP to provide a new financial reference amount intended to cover the period from 15 June 2013 until 14 June 2014. Joint Action 2008/124/CFSP should be amended to provide a new financial reference amount intended to cover the transitional period from 15 June 2014 until 14 October 2014.
(6) EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty.
(7) Joint Action 2008/124/CFSP should therefore be amended accordingly,
Joint Action 2008/124/CFSP is amended as follows:
(1) Article 8 is amended as follows:
(a) the following paragraph is inserted:
(b) paragraph 5 is deleted;
(c) paragraph 9 is replaced by the following:
(2) Article 9(4) is replaced by the following:
(3) Article 10 (3) is replaced by the following:
(4) Article 14 (7) is replaced by the following:
(5) The following Article is inserted:
(6) Article 16 is amended as follows:
(a) paragraph 1 is replaced by the following:
(b) paragraphs 4 to 6 are replaced by the following:
(7) The following Article is inserted:
(a) provided for in the financial statement relating to this Joint Action; or
(b) integrated during the mandate by means of an amendment to the financial statement requested by the Head of Mission. EULEX KOSOVO shall conclude an arrangement with those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by EULEX KOSOVO in the use of the funds provided by those States. Under no circumstances may the contributing States hold the Union or the HR liable for acts or omissions by EULEX KOSOVO in the use of the funds provided by those States.
(8) In Article 18 paragraphs 1 and 2 are replaced by the following:
(9) In Article 20, the second subparagraph is replaced by the following:
This Decision shall enter into force on the date of its adoption.