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Document 02008E0124-20221017
Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Consolidated text: Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
02008E0124 — EN — 17.10.2022 — 016.001
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COUNCIL JOINT ACTION 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 042 16.2.2008, p. 92) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 148 |
33 |
11.6.2009 |
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L 145 |
13 |
11.6.2010 |
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L 272 |
19 |
16.10.2010 |
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L 270 |
31 |
15.10.2011 |
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L 310 |
10 |
25.11.2011 |
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L 146 |
46 |
6.6.2012 |
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L 141 |
47 |
28.5.2013 |
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L 174 |
42 |
13.6.2014 |
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L 284 |
51 |
30.9.2014 |
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L 147 |
21 |
12.6.2015 |
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L 157 |
26 |
15.6.2016 |
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L 306 |
16 |
15.11.2016 |
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L 146 |
141 |
9.6.2017 |
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L 146 |
5 |
11.6.2018 |
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L 193 |
9 |
17.6.2020 |
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L 197 |
114 |
4.6.2021 |
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L 16 |
32 |
18.1.2023 |
COUNCIL JOINT ACTION 2008/124/CFSP
of 4 February 2008
on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Article 1
The mission
Article 2
Mission Statement
EULEX KOSOVO shall support selected Kosovo rule of law institutions on their path towards increased effectiveness, sustainability, multi-ethnicity and accountability, free from political interference and in full compliance with international human rights standards and best European practices — through monitoring activities and limited executive functions as set out in Articles 3 and 3a — with the aim of handing over remaining tasks to other long-term EU instruments and phasing out residual executive functions.
Article 3
Tasks
In order to fulfil the Mission Statement set out in Article 2, EULEX KOSOVO shall:
monitor selected cases and trials in Kosovo's criminal and civil justice institutions, in close coordination with other EU actors, while respecting the independence of the judiciary, and facilitate contacts and monitor relevant meetings within regional cooperation on cases concerning war crimes, corruption and serious and organised crime;
provide operational support to the EU-facilitated Dialogue, as necessary;
monitor, mentor and advise the Kosovo Correctional Service;
retain certain limited executive responsibilities in the areas of forensic medicine and police, including security operations and a residual Witness Protection Programme and the responsibility to ensure the maintenance and promotion of public order and security including, as necessary, through reversing or annulling operational decisions taken by the competent Kosovo authorities;
ensure that all its activities respect international standards concerning human rights and gender mainstreaming; and
cooperate with relevant EU agencies, judicial and law enforcement authorities of Member States and third States in the execution of its mandate.
The task of providing operational support to the EU-facilitated Dialogue shall be transferred to the European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues by 31 December 2022.
Article 3a
Relocated judicial proceedings
Article 4
Planning and preparation phase
The Head of EUPT Kosovo shall act under the authority of the Head of EULEX KOSOVO (hereinafter the Head of Mission).
Article 5
Launching and transition period
Article 6
Structure of EULEX KOSOVO
EULEX KOSOVO shall establish:
its main headquarters in Pristina;
offices across Kosovo, as required;
liaison offices, as required; and
a Brussels support element.
Article 7
Civilian Operation Commander
Article 8
Head of Mission
▼M8 —————
Article 9
Staff
Article 10
Status of EULEX KOSOVO and of its staff
Article 11
Chain of command
Article 12
Political control and strategic direction
Article 13
Participation of third States
Article 14
Security
Article 15
Watch-keeping
The watch-keeping capability shall be activated for EULEX KOSOVO.
Article 15a
Legal arrangements
EULEX KOSOVO shall have the capacity to procure services and supplies, to enter into contracts and administrative arrangements, to employ staff, to hold bank accounts, to acquire and dispose of assets and to discharge its liabilities, and to be a party to legal proceedings, as required in order to implement this Joint Action.
Article 16
Financial arrangements
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 October 2010 until 14 December 2011 shall be EUR 165 000 000 .
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 December 2011 until 14 June 2012 shall be EUR 72 800 000 .
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2012 until 14 June 2013 shall be EUR 111 000 000 .
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2013 until 14 June 2014 shall be EUR 110 000 000 .
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2014 until 14 October 2014 shall be EUR 34 000 000 .
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 October 2014 until 14 June 2015 shall be EUR 55 820 000 .
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2015 until 14 June 2016 shall be EUR 77 000 000 .
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2016 until 14 June 2017 shall be EUR 86 850 000 .
Out of the amount referred to in the ninth subparagraph, the amount intended to cover the expenditure of EULEX KOSOVO for the implementation of its mandate in Kosovo shall be EUR 34 500 000 from 15 June until 14 December 2016 and EUR 23 250 000 from 15 December 2016 until 14 June 2017; EUR 29 100 000 shall cover the support to the relocated judicial proceedings within a Member State from 15 June 2016 until 14 June 2017 and shall also retroactively cover expenditure arising from the support to the relocated judicial proceedings as of 1 April 2016. The Commission shall sign a grant agreement with a registrar acting on behalf of a registry in charge of the administration of the relocated judicial proceedings for that amount. The rules on grants provided for in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council ( 15 ) shall apply to this grant agreement.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2017 until 14 June 2018 shall be EUR 90 914 000 .
Out of the amount referred to in the eleventh subparagraph, the amount intended to cover the expenditure of EULEX KOSOVO for the implementation of its mandate in Kosovo shall be EUR 49 600 000 and the amount intended to cover the support to the relocated judicial proceedings within a Member State shall be EUR 41 314 000 .
The Commission shall sign a grant agreement with a registrar acting on behalf of a registry in charge of the administration of the relocated judicial proceedings for the amount of EUR 41 314 000 . The rules on grants provided for in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council ( 16 ) shall apply to this grant agreement.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2018 until 14 June 2020 shall be EUR 169 805 000 .
Out of the amount referred to in the fourteenth subparagraph, the amount intended to cover the expenditure of EULEX KOSOVO for the implementation of its mandate in Kosovo shall be EUR 83 555 000 and the amount intended to cover the support to the relocated judicial proceedings within a Member State shall be EUR 86 250 000 .
The Commission shall sign a grant agreement with a registrar acting on behalf of a registry in charge of the administration of the relocated judicial proceedings for the amount of EUR 86 250 000 . The rules on grants provided for in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council ( 17 ) shall apply to this grant agreement.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2020 until 14 June 2021 shall be EUR 83 745 000 .
Out of the amount referred to in the seventeenth subparagraph, the amount intended to cover the expenditure of EULEX KOSOVO for the implementation of its mandate in Kosovo shall be EUR 38 700 000 and the amount intended to cover the support to the relocated judicial proceedings within a Member State shall be EUR 45 045 000 .
The Commission shall sign a grant agreement with a registrar acting on behalf of a registry in charge of the administration of the relocated judicial proceedings for the amount of EUR 45 045 000 . The rules on grants provided for in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ( 18 ) shall apply to this grant agreement.
The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2021 until 14 June 2023 shall be EUR 173 693 683 . Out of that amount, the amount intended to cover the expenditure of EULEX KOSOVO for the implementation of its mandate in Kosovo shall be EUR 57 900 000 and the amount intended to cover the support to the relocated judicial proceedings within a Member State shall be EUR 115 793 683 .
The Commission shall sign a grant agreement with a registrar acting on behalf of a registry in charge of the administration of the relocated judicial proceedings for the amount of EUR 115 793 683 . The rules on grants provided for in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ( 19 ) shall apply to the grant agreement.
The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.
Article 16a
Project Cell
EULEX KOSOVO shall be authorised to seek recourse to financial contributions from the Member States or third States to implement projects identified as supplementing in a consistent manner EULEX KOSOVO's other actions, if the project is:
provided for in the financial statement relating to this Joint Action; or
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.
▼M2 —————
Article 18
Release of information and documents
Article 19
Review
The Council shall evaluate, not later than 6 months before the expiry of this Joint Action whether EULEX KOSOVO should be extended.
Article 20
Entry into force and duration
This Joint Action shall enter into force on the day of its adoption.
►M16 It shall expire on 14 June 2023. ◄ The Council, acting on a proposal from the High Representative, and considering complementary sources of funding as well as contributions from other partners, shall take the necessary decisions in order to ensure that EULEX Kosovo's mandate in support of the relocated judicial proceedings referred to in Article 3a and the related necessary financial means shall remain in effect until such time as these judicial proceedings have been concluded.
Article 21
Publication
( 1 ) Under United Nations Security Council Resolution 1244 (1999).
( 2 ) Under United Nations Security Council Resolution 1244 (1999).
( 3 ) Under United Nations Security Council Resolution 1244 (1999).
( 4 ) Under United Nations Security Council Resolution 1244 (1999).
( 5 ) Under United Nations Security Council Resolution 1244 (1999).
( 6 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of independence.
( 7 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of independence.
( 8 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.
( 9 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence.
( 10 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.
( *1 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence.
( *2 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.
( *3 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.
( *4 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.
( 11 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.
( 12 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.
( 13 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
( 14 ) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p.1).
( 15 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
( 16 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
( 17 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
( 18 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
( 19 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
( 20 ) Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).