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 (*1), 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.’;

(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 2025 shall 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

(*1) 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).