Date: 2023-06-06Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (CFSP) 2023/1095 of 5 June 2023 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 CFSP 2023/1095 amends Joint Action 2008/124/CFSP, extending the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) until 14 June 2025. It allocates a budget of EUR 165,310,000, with specific amounts earmarked for operations in Kosovo and support for relocated judicial proceedings within a Member State. The decision also tasks EULEX KOSOVO with assisting Kosovo's law enforcement in exchanging information with international counterparts.
**Key Points / Main Content:**
* **Mission Extension:**
* EULEX KOSOVO is extended until 14 June 2025.
* **Mandate Expansion:**
* EULEX KOSOVO will assist Kosovo's law enforcement authorities in developing capacities for information exchange with regional and international counterparts in legal assistance and criminal matters.
* **Financial Allocation:**
* The financial reference amount for EULEX KOSOVO from 15 June 2023 to 14 June 2025 is EUR 165,310,000.
* EUR 58,500,000 is allocated for the implementation of its mandate in Kosovo.
* EUR 106,810,000 is allocated to support relocated judicial proceedings within a Member State.
* The Commission will sign a grant agreement for EUR 106,810,000 with a registrar administering the relocated judicial proceedings, subject to Regulation (EU, Euratom) 2018/1046.
* **Amendment to Joint Action 2008/124/CFSP:**
* Article 3, point f, is updated to include cooperation with EU agencies, Member States' judicial and law enforcement authorities, and third states.
* Article 16(1) is updated with financial details.
* Article 20 is updated to reflect the expiration date of 14 June 2025.
* **Entry Into Force:**
* This Decision enters into force on 5 June 2023.
**Impact Analysis**
* **EULEX KOSOVO:**
* *Impact:* Mandate extended with an increased focus on assisting Kosovo's law enforcement and managing allocated funds until June 14, 2025.
* *Action Required:* Implement the extended mandate, including cooperation with EU agencies and supporting information exchange capabilities in Kosovo, and manage allocated funds according to the decision.
* **Law Enforcement Authorities of Kosovo:**
* *Impact:* Will receive assistance from EULEX KOSOVO in developing capacities to exchange information with international counterparts.
* *Action Required:* Cooperate with EULEX KOSOVO to enhance information exchange capabilities in the field of legal assistance and cooperation in criminal matters.
* **European Commission:**
* *Impact:* Responsible for managing and disbursing funds allocated to EULEX KOSOVO.
* *Action Required:* Sign a grant agreement with the registrar in charge of administering relocated judicial proceedings for EUR 106,810,000, following Regulation (EU, Euratom) 2018/1046.
* **Political and Security Committee (PSC):**
* *Impact:* The decision reflects the PSC agreement regarding the extension and expanded mandate of EULEX KOSOVO.
* *Action Required:* Monitor the implementation of the decision and its impact on EULEX KOSOVO's operations.
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.
Council Decision CFSP 2023/1095: Council Decision amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO.
Joint Action 2008/124/CFSP: Council Joint Action on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO.
Political and Security Committee PSC: A committee within the European Union dealing with common foreign and security policy.
Brussels: The de facto capital city of the European Union, located in Belgium.
Treaty on European Union: One of the primary treaties forming the constitutional basis of the European Union.
L 146/22 EN Official Journal of the European Union 6.6.2023
COUNCIL DECISION (CFSP) 2023/1095
of 5 June 2023
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 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(1).
(2) On 3 June 2021, the Council adopted Decision (CFSP) 2021/904(2), amending Joint Action 2008/124/CFSP and
extending the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) until 14 June 2023.
(3) In the context of the strategic review of EULEX KOSOVO, the Political and Security Committee (PSC) agreed that
EULEX KOSOVO should be extended until 14 June 2025. The PSC also agreed that, in addition to continuing to
implement its tasks, EULEX KOSOVO should assist the law enforcement authorities of Kosovo in developing their
capacities to exchange information with regional and international counterparts in the field of legal assistance and
cooperation in criminal matters.
(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 relocated judicial proceedings within a
Member State, it is appropriate to identify the amount envisaged to cover the support for such 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 amended as follows:
(1) in Article 3, first paragraph, point (f) is replaced by the following:
‘(f) cooperate with relevant EU agencies, judicial and law enforcement authorities of Member States and third States in
the execution of its mandate and assist the law enforcement authorities of Kosovo in developing their capacities to
exchange information with regional and international counterparts in the field of legal assistance and cooperation
in criminal matters.’;
* 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) 2021/904 of 3 June 2021 amending Joint Action 2008/124/CFSP on the European Union Rule of Law
Mission in Kosovo (EULEX KOSOVO) (OJ L 197, 4.6.2021, p. 114).6.6.2023 EN Official Journal of the European Union L 146/23
(2) in Article 16(1), the last subparagraph is replaced by the following:
‘The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2023
until 14 June 2025shall be EUR 165 310 000. 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 58 500 000 and the amount
intended to cover the support to the relocated judicial proceedings within a Member State shall be EUR 106 810 000.
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 106 810 000. The rules on grants
provided for in Regulation (EU, Euratom) 2018/1046 shall apply to the grant agreement.
The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.’;
(3) in Article 20, second paragraph, the first sentence is replaced by the following:
‘It shall expire on 14 June 2025.’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 5 June 2023.
For the Council
The President
J. ROSWALL