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EULEX Kosovo mission: Last documents approved, the mission can be launched

(BRUSSELS2) The 27 approved, on 13 February, the operation plan (OpPlan) for the "Eulex (rule of law) Kosovo" mission — one of the last programming elements necessary for the launch of a mission within the framework of the European Security and Defense Policy (ESDP) — and the decision to launch the mission. This text had to be formally adopted, by the simplified written procedure, known as the silence procedure, which ends on February 15 at midnight.

A very political launch. The decision to launch the mission, before the proclamation by the Kosovars of their independence responds to a double imperative. Politically, it saves reluctant countries from having to decide indirectly on Kosovo as a new state and allows the European consensus reached at the December Summit to be maintained. Legally, it allows the operation to continue to be based on UN resolution 1244 applicable to Kosovo, “an integral part of Serbia”. All the States approved this plan, Cyprus practicing a “constructive abstention”.

Prep time. This decision had, in fact, been prepared for a long time, for many months. The last meetings were only done to “finalize the last aspects” of the operational plan and the strategy vis-à-vis public opinion. The OpPlan was thus last presented to the Political and Security Committee (PSC) on February 8, then examined for certain "touch-ups" by the working groups" (Civcom committee responsible for the civilian aspects of crisis management), and the written procedure was launched by Coreper on 13 February.

Calendar. The two joint actions – establishing the “Elex” mission and setting the mandate of the EU special representative – adopted on February 4 – as well as the decision to launch the operation were to be published in the OJEU before Monday. The Conops, adopted on February 4, and the OpPlan, classified as “confidential defence” will not be published. Eulex's mandate for action will be very broad — broader than any European mission has ever had — since it gives the right, in certain cases, to the head of mission or the EU special representative to review or reverse the decisions of Kosovo institutions.

Rise in power. The mission will be deployed gradually, alongside the United Nations police, justice and customs mission (UNMIK). The official relay should be provided around June 15, the date scheduled for the declaration of "full operational capacity". More than a hundred people are already present on site, as part of the preparatory mission (EUPT). From a formal point of view, the EUPT mission should be extended until the declaration of “full operational capability”. This is in order to preserve, in particular, the continuity of the contracts and calls for tender launched by the preparatory mission.

Workforce. The mission will be led by Frenchman Yves de Kermabon; Roy Reeve, who provided the direction of the EUPT, becoming his deputy. It will be made up of about 1900 people; this figure could be increased to 2200. The 27 have, in fact, recognized the need for an additional reserve of 300 people for certain tasks (maintenance of order, border police and customs) and released the appropriate budget at Community level. This reserve can be activated, if the head of operation so requests; the PSC will have to approve this request. All member states should participate in the “Elex” mission, including the most reluctant to independence (Cyprus, Spain, Slovakia, Romania, etc.). Only would be lacking according to our information (Malta). Five third States should also participate: Norway, Switzerland, Croatia, Turkey and the United States. Various documents still need to be finalized, especially with the States that do not have a framework agreement with the EU (United States, etc.). Most of the staff have been selected, during a second phase of recruitment conducted in January. A third call for contributions should be made to complete the missing staff and recruit the additional reserve of 300 people.

(NGV)

(text published in Europolitique, February 2008)

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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