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26.1.2012 Official
Journal
of
the
European
Union
L
23/5
DECISIONS
COUNCIL DECISION 2012/39/CFSP
of 25 January 2012
appointing the European Union Special Representative in Kosovo ( 1 )
THE COUNCIL OF THE EUROPEAN UNION,
(7)
The EUSR will implement the mandate in the context of
a situation which may deteriorate and could impede the
achievement of the objectives of the Union’s external
Having regard to the Treaty on European Union, and in
action as set out in Article 21 of the Treaty,
particular Article 28, Article 31(2) and Article 33 thereof,
HAS ADOPTED THIS DECISION:
Having regard to the proposal from the High Representative of
the Union for Foreign Affairs and Security Policy,
Article 1
Whereas:
European Union Special Representative
Mr Samuel BOGAR is hereby appointed as the European Union
(1) On
5
December
2011,
the
Council
reaffirmed
its Special Representative (EUSR) in Kosovo from 1 February 2012
unequivocal commitment to the European perspective
to 30 June 2013. The mandate of the EUSR may be terminated
of the Western Balkans, which remains essential for the
earlier, if the Council so decides, on a proposal of the High
stability, reconciliation and future of the region. It also
Representative of the Union for Foreign Affairs and Security
reaffirmed the Union policy towards Kosovo as recalled
Policy (HR).
in previous Council Conclusions.
Article 2
(2) On
5
May
2011,
the
Council
adopted
Decision
2011/270/CFSP (
Policy objectives

2 ) appointing Mr Fernando GENTILINI
as the European Union Special Representative (EUSR)
The mandate of the EUSR shall be based on the policy
in Kosovo, whose mandate expires on 31 January 2012.
objectives of the Union in Kosovo. These include playing a
leading role in promoting a stable, viable, peaceful, democratic
and multi-ethnic Kosovo; strengthening stability in the region
(3) Mr
Samuel BOGAR should be appointed as EUSR in
and contributing to regional cooperation and good neighbourly
Kosovo from 1 February 2012 to 30 June 2013.
relations in the Western Balkans; promoting a Kosovo that is
committed to the rule of law and to the protection of minorities
and of cultural and religious heritage; supporting Kosovo’s
(4) The
Stabilisation
and
Association
Process
is
the
strategic progress towards the Union in accordance with the European
framework of the Union’s policy towards the Western
perspective of the region and in line with the relevant Council
Balkan region, and its instruments apply to Kosovo,
Conclusions.
including a European partnership, political and
technical dialogue under the Stabilisation and Association
Process dialogue, and related Union assistance
programmes.
Article 3

Mandate
In order to achieve the policy objectives, the mandate of the
(5) The
mandate
of
the
EUSR
will
be
implemented
in
coor
dination with the Commission in order to ensure
EUSR shall be to:
consistency with other relevant activities falling within
Union competence.
(a) offer the Union’s advice and support in the political process;
(6) The
Council
envisages
that
the
powers
and
authorities
of
the EUSR and the powers and authorities of the Head of
the European Union Office in Pristina shall be vested in
(b) promote overall Union political coordination in Kosovo;
the same person.
( 1 ) Under United Nations Security Council Resolution 1244 (1999).
(c) strengthen the presence of the Union in Kosovo and ensure
( 2 ) OJ L 119, 7.5.2011, p. 12.
its coherence and effectiveness;

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L 23/6
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Official Journal of the European Union
26.1.2012
(d) provide local political guidance to the Head of the European
3. The
management
of
the
expenditure
shall
be
subject
to
a
Union Rule of Law Mission in Kosovo (EULEX KOSOVO),
contract between the EUSR and the Commission. The EUSR
including on the political aspects of issues relating to
shall be accountable to the Commission for all expenditure.
executive responsibilities;
(e) ensure consistency and coherence of Union action in
Article 6
Kosovo;
Constitution and composition of the team
1. A
dedicated
staff
shall
be
assigned
to
assist
the
EUSR
to
(f) support Kosovo’s progress towards the Union, in
implement his mandate and to contribute to the coherence,
accordance with the European perspective of the region,
visibility and effectiveness of Union action in Kosovo overall.
through targeted public communication and Union
Within the limits of his mandate and the corresponding
outreach activities designed to ensure a broader under
financial means made available, the EUSR shall be responsible
standing and support from the Kosovo public on issues
for constituting his team. The team shall include the expertise
related to the Union;
on specific policy issues as required by the mandate. The EUSR
shall keep the Council and the Commission promptly informed
of the composition of his team.
(g) monitor, assist and facilitate progress on political, economic
and European priorities, in line with respective institutional
competencies and responsibilities;
2. Member States, institutions of the Union and the EEAS
may propose the secondment of staff to work with the EUSR.
(h) contribute to the development and consolidation of respect
The salary of such seconded personnel shall be covered by the
for human rights and fundamental freedoms in Kosovo,
Member State, the institution of the Union concerned or the
including with regard to women and children, in accordance
EEAS, respectively. Experts seconded by Member States to the
with the Union’s human rights policy and Union Guidelines
institutions of the Union or the EEAS may also be posted to
on Human Rights;
work with the EUSR. International contracted staff shall have
the nationality of a Member State.
(i) assist in the implementation of the Belgrade-Pristina
dialogue facilitated by the Union.
3. All
seconded
personnel
shall
remain
under
the
adminis
trative authority of the sending Member State, institution of the
Article 4
Union or the EEAS and shall carry out their duties and act in
the interest of the mandate of the EUSR.
Implementation of the mandate
1. The
EUSR
shall
be
responsible
for
the
implementation
of
the mandate, acting under the authority of the HR.
Article 7
Privileges and immunities of the EUSR and his staff
2. The
Political
and
Security
Committee
(PSC)
shall
maintain The privileges, immunities and further guarantees necessary for
a privileged link with the EUSR and shall be the EUSR’s primary
the completion and smooth functioning of the mission of the
point of contact with the Council. The PSC shall provide the
EUSR and the members of his staff shall be agreed with the host
EUSR with strategic guidance and political direction within the
party/parties, as appropriate. Member States and the
framework of the mandate, without prejudice to the powers of
Commission shall grant all necessary support to such effect.
the HR.
3. The
EUSR
shall
work
in
close
coordination
with
the
Article 8
European External Action Service (EEAS).
Security of EU classified information
1. The
EUSR
and
the
members
of
his
team
shall
respect
the
Article 5
security principles and minimum standards established by
Financing
Council Decision 2011/292/EU of 31 March 2011 on the
security rules for protecting EU classified information ( 1 ).
1. The
financial
reference
amount
intended
to
cover
the
expenditure related to the mandate of the EUSR in the period
from 1 February 2012 to 30 June 2013 shall be
EUR 2 410 000.
2. The
HR
shall
be
authorised
to
release
to
NATO/KFOR
EU
classified information and documents up to the level ‘CONFI
DENTIEL UE/EU CONFIDENTIAL’ generated for the purposes of
2. The
expenditure
shall
be
managed
in
accordance
with
the the action, in accordance with the security rules for protecting
procedures and rules applicable to the general budget of the
EU classified information.
Union. Nationals of the countries of the Western Balkans region
shall be allowed to tender for contracts.
( 1 ) OJ L 141, 27.5.2011, p. 17.

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26.1.2012 Official
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3. The
HR
shall
be
authorised
to
release
to
the
United
(d) ensuring that all agreed recommendations made following
Nations (UN) and the Organisation for Security and Coop
regular security assessments are implemented and providing
eration in Europe (OSCE), in accordance with the operational
the Council, the HR and the Commission with written
needs of the EUSR, EU classified information and documents up
reports on their implementation and on other security
to the level ‘RESTREINT UE/EU RESTRICTED’ which are
issues within the framework of the mid-term and mandate
generated for the purposes of the action, in accordance with
implementation reports.
the security rules for protecting EU classified information. Local
arrangements shall be drawn up for this purpose.
Article 11
4. The
HR
shall
be
authorised
to
release
to
third
parties
Reporting
associated with this Decision EU non-classified documents
related to the deliberations of the Council with regard to the
The EUSR shall regularly provide the HR and the PSC with oral
action covered by the obligation of professional secrecy
and written reports. The EUSR shall also report, as necessary, to
pursuant to Article 6(1) of the Council’s Rules of Procedure (
Council working parties. Regular written reports shall be

1 ).
circulated through the COREU network. Upon recommendation
of the HR or the PSC, the EUSR shall provide the Foreign
Affairs Council with reports.
Article 9
Access to information and logistical support
1. Member States, the Commission and the General Secre
Article 12
tariat of the Council shall ensure that the EUSR is given access
Coordination
to any relevant information.
1. The
EUSR
shall
promote
overall
Union
political
coor
dination. He shall help ensure that all Union instruments in
2. The
Union
delegation
and/or
Member
States,
as
appro
the field are engaged coherently to attain the Union’s policy
priate, shall provide logistical support in the region.
objectives. The activities of the EUSR shall be coordinated
with those of the Commission, as well as those of other
EUSRs active in the region, as appropriate. The EUSR shall
provide regular briefings to Member States’ missions and
Article 10
Union delegations.
Security
In accordance with the Union’s policy on the security of
personnel deployed outside the Union in an operational
2. In the field, close liaison shall be maintained with the
capacity under Title V of the Treaty, the EUSR shall take all
Heads of Union delegations in the region and Member States’
reasonably practicable measures, in conformity with his
Heads of Mission. They shall make every effort to assist the
mandate and the security situation in his geographical area of
EUSR in the implementation of the mandate. The EUSR shall
responsibility, for the security of all personnel under his direct
provide local political guidance to the Head of the EULEX
authority, notably by:
KOSOVO, including on the political aspects of issues relating
to executive responsibilities. The EUSR and the Civilian
Operation Commander will consult each other as required.
(a) establishing a mission-specific security plan based on
guidance from the EEAS, including mission-specific
physical, organisational and procedural security measures,
3. The
EUSR
shall
also
liaise
with
relevant
local
bodies
and
governing management of the secure movement of
other international and regional actors in the field.
personnel to, and within, the mission area, as well as the
management of security incidents and including a mission
contingency and evacuation plan;
4. The
EUSR,
with
other
Union
actors
present
in
the
field,
shall ensure the dissemination and sharing of information
among Union actors in theatre with a view to achieving a
(b) ensuring that all personnel deployed outside the Union are
high degree of common situation awareness and assessment.
covered by high risk insurance as required by the conditions
in the mission area;
Article 13
(c) ensuring that all members of his team to be deployed
Review
outside the Union, including locally contracted personnel,
have received appropriate security training before or upon
The implementation of this Decision and its consistency with
arriving in the mission area, based on the risk ratings
other contributions from the Union to the region shall be kept
assigned to the mission area by the EEAS;
under regular review. The EUSR shall present the Council, the
HR and the Commission with a progress report by the end of
( 1 ) Decision 2009/937/EU of 1 December 2009 adopting the Council’s
November 2012 and a comprehensive mandate implementation
Rules of Procedure (OJ L 325, 11.12.2009, p. 35).
report at the end of the EUSR’s mandate.

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L 23/8
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Official Journal of the European Union
26.1.2012
Article 14
Entry into force
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 February 2012.
Done at Brussels, 25 January 2012.
For the Council
The President
N. WAMMEN

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