(1)

Pursuant to United Nations Security Council Resolution (UNSCR) 1244, a process to determine the future status of Kosovo was launched at the beginning of November 2005 with the appointment of the UN Status Envoy, Mr Martti Ahtisaari. The success of this process is essential not only for providing a clearer perspective for the people of Kosovo but also for the overall stability of the region.

(2)

The United Nations will remain fully engaged in Kosovo until the end of UNSCR 1244. However, the UN has indicated that it will no longer take the lead in a post-Status presence. The EU has a vital interest in a positive result of this process, as well as the responsibility and the means to contribute to such an outcome. It is likely that the EU together with other partners will make a major contribution. The EU will thus have to undertake an important role in Kosovo in a complex environment. It could take on responsibility for significant operations, particularly in the police and rule of law area.

(3)

The Stabilisation and Association Process (hereinafter referred to as ‘SAP’) is the strategic framework for the EU's policy towards the Western Balkan region, and its instruments are open to Kosovo, including a European Partnership, political and technical dialogue under the SAP Tracking Mechanism, inter alia, regarding standards in the field of rule of law, and related Community assistance programmes.

(4)

In June 2005 the European Council stressed that Kosovo would, in the medium term, continue to need a civilian and military presence to ensure security and in particular protection for minorities, to help with the continuing implementation of standards and to exercise appropriate supervision of compliance with the provisions contained in the status agreement. In this respect, the European Council stressed the EU's willingness to play a full part, in close cooperation with the relevant partners and international organisations.

(5)

On 7 November 2005 the Council welcomed Ambassador Kai Eide's Comprehensive Review of the situation in Kosovo and expressed its full support for the UN Secretary General's intention to start a political process to determine Kosovo's future status.

(6)

In view of the possibility of the EU enhancing its engagement in Kosovo, the Council on 7 November 2005 also invited the Secretary-General/High Representative (hereinafter referred to as ‘SG/HR’) together with the Commission to continue their work in identifying the possible future EU role and contribution, including in the areas of police, rule of law and the economy, and to submit joint proposals to the Council in the near future.

(7)

On 6 December 2005 the SG/HR and the Commission submitted their report on ‘The Future EU Role and Contribution in Kosovo’ to the Council. The report suggested an outline for the EU's future involvement in Kosovo. It stressed the desire to normalise the EU's relations with Kosovo as far as possible by using all the instruments available within the SAP. In addition it stressed the need to prepare for a future ESDP mission, including by creating and deploying a regular Planning Team soon enough to initiate EU planning for an integrated EU mission inter alia in the areas of rule of law and police.

(8)

On 12 December 2005 the Council reiterated its full support for the political process to determine Kosovo's future status and for Mr Martti Ahtisaari. It also reiterated its determination to participate fully in the definition of the status of Kosovo and its readiness to be closely involved in the negotiations and implementation of Kosovo's future status, through the EU representative to the Kosovo future status process. The Council stressed again the paramount importance of the ongoing implementation of standards now and in the future to help progress towards European standards. In particular, the Provisional Institutions of Self-Government need to make further progress on protection of minorities, full respect for the rule of law, a transparent public administration free from political interference, a climate conducive to returns, and the protection of cultural and religious sites.

(9)

On 12 December 2005 the Council also ‘welcomed the joint report by the SG/HR and the Commission on the EU's future role and contribution in Kosovo. It asked the SG/HR and the Commission to continue the examination of these issues in coordination with other international actors, particularly in the areas of police and the rule of law (including contingency planning for a possible ESDP mission), economic development and fostering Kosovo's European perspective, and to keep the relevant Council bodies actively engaged in order to ensure continuing timely preparation of an EU role in Kosovo.’

(10)

A Joint Council-Commission Fact Finding Mission to Kosovo took place between 19 and 27 February 2006 regarding possible future ESDP and Community engagement in the broader field of the rule of law. In its report, the Fact Finding Mission, recommended, inter alia, that the EU establish a Planning Team tasked to ensure that EU decision-making could be based on a solid and well analysed basis that is in step with the future status process.

(11)

In a letter to the SG/HR on 4 April 2006, the UN SRSG Jessen-Petersen welcomed the EU's engagement in the discussions on the future international engagement in Kosovo and invited the EU to deploy an EU Planning Team for Kosovo (EUPT Kosovo) to Pristina.

(12)

During the Fact Finding Mission and other consultations with the EU, the Provisional Institutions of Self Government indicated that they would welcome an EU Planning Team tasked to take forward contingency planning for a possible ESDP mission in the field of rule of law.

(13)

The establishment of an EUPT Kosovo will not in any way or form prejudge the outcome of the Future Status process or any subsequent decision by the EU to launch an ESDP mission in Kosovo.

(14)

In accordance with the guidelines of the European Council meeting at Nice on 7 to 9 December 2000, this Joint Action should determine the role of the SG/HR, in accordance with Articles 18(3) and 26 of the Treaty.

(15)

Article 14(1) of the Treaty calls for the indication of a financial reference amount for the whole period of implementation of the Joint Action. The indication of amounts to be financed by the general budget of the European Union illustrates the will of the legislative authority and is subject to the availability of commitment appropriations during the respective budget year.

(16)

Recourse should be made to the extent possible to redeployment of equipment left over from other current or terminated EU operational activities, especially EUPOL PROXIMA, EUPAT and EUPM, taking into account operational needs and the principles of sound financial management.

(17)

The mandate of EUPT Kosovo will be implemented in the context of a situation where the rule of law is not fully secured and which could harm the objectives of the Common Foreign and Security Policy as set out in Article 11 of the Treaty,

1.

Initiating a dialogue with the international community, the Kosovo institutions and local stakeholders on their views and considerations regarding operational issues linked to future arrangements.

2.

Following closely and analysing UNMIK planning towards the end of its mandate, and actively providing advice.

3.

Initiating planning to allow the smooth transfer of authority from selected tasks of UNMIK to a future EU crisis management operation, in the field of rule of law and other areas that might be identified by the Council in the context of the future status process.

4.

Initiating work on identifying possible elements for mandates, objectives, specific tasks and programmes and personnel strength for a possible EU crisis management operation, including a draft budget, which can be used as a basis for later decision making by the EU. In this context the EUPT Kosovo shall initiate reflections on the development of exit strategies.

5.

Drafting and preparing all possible aspects of procurement requirements for the possible EU crisis management operation.

6.

Ensuring appropriate logistical support for a possible EU crisis management operation, including through the establishment of a warehouse capacity enabling it to store, maintain and service equipment, including transferred from other present or former EU crisis management operation, where this will contribute to the overall effectiveness and efficiency of the possible EU crisis management operation.

7.

Drafting and preparing threat and risk analysis, under the guidance of the EU SITCEN and the Council Security Office, for the various component parts of a possible EU crisis management operation in Kosovo and devising an indicative budget (drawing on the experience of OMIK and UNMIK) for the cost of security.

8.

Contributing to a comprehensive and integrated EU approach, taking into account assistance in the police and judiciary area provided in the framework of the SAP.

9.

In the context of contingency planning for a possible EU crisis management operation in Kosovo, exchanging, as appropriate, specific assistance with EU crisis management operations or Fact Finding/Preparatory missions for the establishment of EU crisis management operations. Such assistance shall be explicitly agreed upon by the Head of EUPT Kosovo and shall be for a limited period of time.