Date: 2021-06-04Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (CFSP) 2021/904 of 3 June 2021 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (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.) (EULEX KOSOVO)
Executive Summary:
This Council Decision amends Joint Action 2008/124/CFSP, extending the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) until 14 June 2023. It allocates specific funds for the mission, including support for relocated judicial proceedings within a Member State, and transfers operational support for the EU-facilitated Dialogue to the European Union Office in Kosovo by 31 December 2022. The decision entered into force on 3 June 2021.
Key Points / Main Content:
Mission Extension and Transition:
* EULEX KOSOVO is extended until 14 June 2023.
* The task of providing operational support to the EU-facilitated Dialogue will be transferred to the European Union Office in Kosovo by 31 December 2022.
Financial Amendments:
* The financial reference amount for EULEX KOSOVO from 15 June 2021 to 14 June 2023 is EUR 173,693,683.
* EUR 57,900,000 is designated for the implementation of EULEX KOSOVO's mandate in Kosovo.
* EUR 115,793,683 is allocated to support relocated judicial proceedings within a Member State.
* The Commission will sign a grant agreement with a registrar administering the relocated judicial proceedings for EUR 115,793,683, subject to Regulation (EU, Euratom) 2018/1046.
* The Council will decide on the financial reference amount for EULEX KOSOVO for the subsequent period.
* EULEX KOSOVO is responsible for the financial implementation of the Mission's budget, except for the amounts related to the support of the relocated judicial proceedings.
Other Amendments:
* Article 20 is amended to reflect the expiration date of 14 June 2023.
Impact Analysis:
European Union Office in Kosovo:
* Impact: Will take over the task of providing operational support to the EU-facilitated Dialogue.
* Action Required: Prepare to assume responsibility for providing operational support to the EU-facilitated Dialogue by 31 December 2022.
EULEX KOSOVO:
* Impact: Mission extended; responsible for financial implementation of the mission's budget, excluding funds for relocated judicial proceedings.
* Action Required: Continue the mission until 14 June 2023 and ensure financial implementation of the budget, adhering to the new financial arrangements.
Commission:
* Impact: Responsible for signing a grant agreement related to the relocated judicial proceedings.
* Action Required: 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.
Registrar acting on behalf of a registry in charge of the administration of the relocated judicial proceedings:
* Impact: Will receive a grant to cover expenditure of the relocated judicial proceedings within a Member State.
* Action Required: Prepare to receive funds and administer them according to Regulation (EU, Euratom) 2018/1046.
Political and Security Committee:
* Impact: Strategic review of EULEX KOSOVO led to the decision to extend the Mission until 14 June 2023.
* Action Required: None.
Council:
* Impact: Amended Joint Action 2008/124/CFSP.
* Action Required: Decide on the financial reference amount for EULEX KOSOVO for the subsequent period.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Kosovo: A partially recognized state in Southeastern Europe.
EULEX KOSOVO: The European Union Rule of Law Mission in Kosovo.
Treaty on European Union: One of the primary treaties forming the constitutional basis of the European Union.
High Representative of the Union for Foreign Affairs and Security Policy: A high-ranking official responsible for the EU's Common Foreign and Security Policy.
Political and Security Committee PSC: A committee within the European Union dealing with foreign policy and security matters.
European Union Office in Kosovo: Represents the European Union in Kosovo.
Council: Council of the European Union
L 197/114 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 4.6.2021
DECISIONS
COUNCIL DECISION (CFSP) 2021/904
of 3 June 2021
amending Joint Action 2008/124/CFSP
on the European Union Rule of Law Mission in Kosovo*(EULEX KOSOVO)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 42(4) and 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(1).
(2) On 11 June 2020, the Council adopted Decision (CFSP) 2020/792(2), amending Joint Action 2008/124/CFSP and
extending the Mission until 14 June 2021.
(3) In the context of the Strategic Review of EULEX KOSOVO, the Political and Security Committee (PSC) agreed that the
Mission should be extended until 14 June 2023 and that the task of providing operational support to the
EU-facilitated dialogue should be transferred to the European Union Office in Kosovo by 31 December 2022.
(4) Nothing in this Decision should be understood as prejudicing the independence and the autonomy of the judges and
prosecutors active in judicial proceedings in the context of EULEX KOSOVO.
(5) Due to the special character of the activities of EULEX KOSOVO in support of the relocated judicial proceedings
within a Member State, it is appropriate to identify in this Decision the amount envisaged to cover the support to
those relocated judicial proceedings and to provide for the implementation of that part of the budget through a
grant.
(6) Joint Action 2008/124/CFSP should be amended accordingly.
(7) 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,
HAS ADOPTED THIS DECISION:
Article 1
Joint Action 2008/124/CFSP is hereby amended as follows:
(1) in Article 3, the following sentence is added:
‘The task of providing operational support to the EU-facilitated Dialogue shall be transferred to the European Union
Office in Kosovo by 31 December 2022.’;
* 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) Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
(OJ L 42, 16.2.2008, p. 92).
(2) Council Decision (CFSP) 2020/792 of 11 June 2020 amending Joint Action 2008/124/CFSP on the European Union Rule of Law
Mission in Kosovo (EULEX KOSOVO) (OJ L 193, 17.6.2020, p. 9).4.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 197/115
(2) Article 16 is amended as follows:
(a) in paragraph 1, the following subparagraphs are added:
‘The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2021until
14 June 2023shall 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 (*) shall
apply to the grant agreement.
The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.
_____________
(*) 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).’;
(b) paragraph 4 is replaced by the following:
‘4. Except for the amounts referred to in paragraph 1 related to the support to the relocated judicial proceedings
within a Member State, EULEX KOSOVO shall be responsible for the financial implementation of the Mission’s
budget. For this purpose, EULEX KOSOVO shall sign an agreement with the Commission.’;
(3) in Article 20, second paragraph, the first sentence is replaced by the following:
‘It shall expire on 14 June 2023.’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 3 June 2021.
For the Council
The President
P. N. SANTOS