Rozhodnutí Rady 2010/322/SZBP ze dne 8. června 2010, kterým se mění a prodlužuje společná akce 2008/124/SZBP o Misi Evropské unie v Kosovu na podporu právního státu (EULEX KOSOVO)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,

Under United Nations Security Council Resolution 1244 (1999).

(1) On 4 February 2008 , the Council adopted Joint Action 2008/124/CFSPOJ L 42, 16.2.2008, p. 92 . . That Joint Action applies until 14 June 2010 .

(2) On 9 June 2009 , the Council adopted Joint Action 2009/445/CFSPOJ L 148, 11.6.2009, p. 33 . , which amended Joint Action 2008/124/CFSP by increasing the financial reference amount to cover the Mission’s expenditure until the expiry of Joint Action 2008/124/CFSP.

(3) On 28 May 2010 , the Political and Security Committee recommended the extension of Joint Action 2008/124/CFSP for a period of two years and the extension of the financial reference amount of EUR 265000000 until 14 October 2010 .

(4) The command and control structure of EULEX KOSOVO should be without prejudice to the contractual responsibilities of the Head of Mission towards the European Commission for implementing the budget.

(5) EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could harm the objectives of the common foreign and security policy as set out in Article 21 of the Treaty.

(6) Joint Action 2008/124/CFSP should be amended accordingly,

This Decision shall enter into force on the date of its adoption.

OJ L 42, 16.2.2008, p. 92 .

Article 2 Article 2

Article 18 Article 18 Release of classified information 1.The HR shall be authorised to release to the United Nations, NATO/KFOR and to other third parties associated 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 for each of them, in accordance with Decision 2001/264/EC. Local technical arrangements shall be drawn up to facilitate this. 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 generated for the purposes of EULEX KOSOVO, in accordance with Decision 2001/264/EC. In all other cases, such information and documents shall be released to the competent local authorities in accordance with the procedures appropriate to those authorities’ level of cooperation with the EU. 3.The HR shall be authorised to release to the United Nations, NATO/KFOR, to other third parties associated with this Joint Action and to the relevant local authorities, EU non-classified documents related to the deliberations of the Council with regard to EULEX KOSOVO covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of ProcedureCouncil Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35 ).; .

Article 19 Article 19 Review

OJ L 148, 11.6.2009, p. 33 .

OJ L 101, 11.4.2001, p. 1 .;

Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35 ).;

The HR shall be authorised to release to the United Nations, NATO/KFOR and to other third parties associated 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 for each of them, in accordance with Decision 2001/264/EC. Local technical arrangements shall be drawn up to facilitate this.

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 generated for the purposes of EULEX KOSOVO, in accordance with Decision 2001/264/EC. In all other cases, such information and documents shall be released to the competent local authorities in accordance with the procedures appropriate to those authorities’ level of cooperation with the EU.

The HR shall be authorised to release to the United Nations, NATO/KFOR, to other third parties associated with this Joint Action and to the relevant local authorities, EU non-classified documents related to the deliberations of the Council with regard to EULEX KOSOVO covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of ProcedureCouncil Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35 ).; .

The Council shall evaluate, not later than 6 months before the expiry of this Joint Action whether EULEX KOSOVO should be extended.;

HAS ADOPTED THIS DECISION: