HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 146/46
EN
Official Journal of the European Union
6.6.2012
DECISIONS
COUNCIL DECISION 2012/291/CFSP
of 5 June 2012
amending and extending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission
in Kosovo ( 1 ), EULEX KOSOVO
THE COUNCIL OF THE EUROPEAN UNION,
(2) Article 6 is replaced by the following:
Having regard to the Treaty on European Union, and in
‘Article 6
particular Article 28, Article 42(4) and Article 43(2) thereof,
Structure of EULEX Kosovo
Having regard to the proposal from the High Representative for
1. EULEX
Kosovo
shall
be
a
unified
CSDP
mission
across
Foreign Affairs and Security Policy,
Kosovo.
Whereas:
2. EULEX
Kosovo
shall
establish:
(1) On
4
February
2008,
the
Council
adopted
Joint
Action
2008/124/CFSP (
(a) its main headquarters in Pristina;

2 ) establishing a European Union Rule
of Law Mission in Kosovo, (EULEX Kosovo).
(b) offices across Kosovo, as required;
(2) On
8
June
2010,
the
Council
adopted
Decision
2010/322/CFSP ( 3 ), which amended Joint Action
(c) liaison offices, as required; and
2008/124/CFSP and extended it for a period of two
years until 14 June 2012.
(d) a Brussels support element.’;
(3)
Following the recommendations in the strategic review,
(3) Article 9(4) is replaced by the following:
the mission should be extended for a further period of
two years.
‘4. All
staff
shall
carry
out
their
duties
and
act
in
the
interest of the Mission. All staff shall respect the security
(4) The
financial
reference
amount
covers
the
period
until
principles and minimum standards established by Council
14 June 2012. Joint Action 2008/124/CFSP should be
Decision 2011/292/EU of 31 March 2011 on the security
amended to provide a new financial reference amount
rules for protecting EU classified information (*).
intended to cover the period from 15 June 2012 until
14 June 2013.
___________
(*) OJ L 141, 27.5.2011, p. 17.’;
(5) 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
(4) Article 14 is hereby amended as follows:
action as set out in Article 21 of the Treaty.
(a) paragraph 1 is replaced by the following:
(6) Joint
Action
2008/124/CFSP
should
therefore
be
amended accordingly,
‘1. The
Civilian
Operation
Commander
shall
direct
the Head of Mission's planning of security measures
HAS ADOPTED THIS DECISION:
and ensure their proper and effective implementation
for EULEX Kosovo in accordance with Article 7 and
Article 1
11 and in coordination with the EEAS.’;
Joint Action 2008/124/CFSP is hereby amended as follows:
(b) paragraph 7 is replaced by the following:
(1) in Article 3, the following point is added:
‘7. The
Head
of
Mission
shall
ensure
the
protection
‘(j) cooperate with judicial and law enforcement authorities
of EU classified information in accordance with
of Member States and third States in the execution of its
Decision 2011/292/EU.’;
mandate.’;
(5) Article 16(1) is replaced by the following:
( 1 ) This designation is without prejudice to positions on status, and is in
line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo
‘1. The
financial
reference
amount
intended
to
cover
the
declaration of independence.
( 2 ) OJ L 42, 16.2.2008, p. 92.
expenditure of EULEX Kosovo until 14 October 2010 shall
( 3 ) OJ L 145, 11.6.2010, p. 13.
be EUR 265 000 000.

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EN
6.6.2012 Official
Journal
of
the
European
Union L
146/47
The financial reference amount intended to cover the
3. The HR shall be authorised to release to the United
expenditure of EULEX Kosovo from 15 October 2010
Nations, NATO/KFOR, to other third parties associated with
until 14 December 2011 shall be EUR 165 000 000.
this Joint Action and to the relevant local authorities, EU
non-classified documents related to the deliberations of the
The financial reference amount intended to cover the
Council with regard to EULEX Kosovo covered by the
expenditure of EULEX Kosovo from 15 December 2011
obligation of professional secrecy pursuant to Article 6(1)
until 14 June 2012 shall be EUR 72 800 000.
of the Council's Rules of Procedure (*).
The financial reference amount intended to cover the
expenditure of EULEX Kosovo from 15 June 2012 until
4. The
HR
may
delegate
such
authorisations,
as
well
as
14 June 2013 shall be EUR 111 000 000.
the ability to conclude the arrangements referred to above
to persons placed under his/her authority, to the Civilian
The financial reference amount for the subsequent period
Operations Commander and/or to the Head of Mission.
for EULEX Kosovo shall be decided by Council.’;
___________
(6) Article 18 is replaced by the following:
(*) Council Decision 2009/937/EU of 1 December 2009
adopting the Council's Rules of Procedure (OJ L 325,
‘Article 18
11.12.2009, p. 35).’.
Release of information and documents
1. The HR shall be authorised to release to the United
(7) in Article 20, the second subparagraph is replaced by the
Nations, NATO/KFOR and to other third parties associated
following:
with this Joint Action, EU classified information and
documents generated for the purposes of EULEX Kosovo
up to the level of the relevant classification respectively
‘It shall expire on 14 June 2014.’.
for each of them, in accordance with Decision
2011/292/EU. Local technical arrangements shall be
Article 2
drawn up to facilitate this.
This Decision shall enter into force on the date of its adoption.
2. In the event of a specific and immediate operational
need, the HR shall also be authorised to release to the
competent local authorities EU classified information and
documents up to the level ‘restreint UE/ EU restricted’
Done at Brussels, 5 June 2012.
generated for the purposes of EULEX Kosovo, in accordance
with Decision 2011/292/EU. In all other cases, such
information and documents shall be released to the
For the Council
competent local authorities in accordance with the
procedures appropriate to those authorities' level of
The President
cooperation with the EU.
N. WAMMEN

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