The European Union and the United States of America, concluded on October 22nd, 2008, an Agreement on the participation of the United States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO. This mission was adopted by Joint Action 2008/124/CFSP of the Council in February 2008.

On December 13th, 2004, the Council authorised the Presidency, assisted where necessary by the Secretary-General/High Representative, in case of future EU civilian crisis management operations to open negotiations with third States with a view to concluding an agreement on the basis of the model agreement between the EU and a third State on the participation of a third State in a EU civilian crisis management operation. On that basis, the Presidency negotiated an Agreement with the United States of America on their participation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO.

This Agreement signed on October 22nd, 2008, acknowledges the shared desire of the EU and the USA to collaborate closely in supporting the development of Kosovo’s democratic standards, in particular those relating to the Rule of Law, and follows the invitation made to the United States of February 18th, 2008 to participate in the EULEX KOSOVO EU Mission.

The decision is based on the successful completion of the Force Generation process and the recommendation by the EU Civilian Operation Commander and the Committee for Civilian Aspects of Crisis Management to agree on the participation of the United States in the EU-led operation. For this purpose, the Political and Security Committee Decision EULEX/2/2008 of April 22nd, 2008, accepted the United States contribution to EULEX KOSOVO.

Under this Agreement, the US will associate with Joint Action which established the EURLEX KOSOVO, and with any Joint Action or Decision by which the Council of the European Union decides to extend the Misssion.

The contribution of the United States to EULEX KOSOVO is without prejudice to the decision-making autonomy of the European Union. The Committee of Contributors, made up of EU Member States, the United States and other non-EU States participating in EULEX KOSOVO, will play a key role in the day-to-day management of the mission; the views of the Committee will be taken into account by the Political and Security Committee which exercises political control and strategic direction over EULEX KOSOVO.

EU/US obligations and Chain of Command in EURLEX KOSOVO Mission

The United States will ensure that seconded personnel carry out their duties and conduct themselves in a manner fully supportive of the objectives and interests of EULEX KOSOVO, and will inform in due time the Civilian Operations Commander and the Head of Mission of EULEX KOSOVO of any change to its contribution to EULEX KOSOVO. The participation of the United States under the Agreement in EULEX KOSOVO will be subject to the availability of appropriated funds.

In relation, to the chain of command, the Civilian Operations Commander will exercise command and control over EULEX KOSOVO at the strategic level. The Head of Mission will assume responsibility for and exercise command and control over EULEX KOSOVO at theatre
level.

The Head of Mission will exercise command and control over seconded personnel, teams and units from contributing States as assigned by the Civilian Operations Commander and will exercise administrative and logistic responsibility including over assets, resources and information placed at the disposal of EULEX KOSOVO.

The Head of Mission shall be responsible for disciplinary control over the personnel of EULEX KOSOVO.

The United States will have the same rights and obligations in terms of the day-to-day management of the operation as participating Member States of the European Union taking part in the operation.

The United States will assume the costs associated with its participation in the operation as set out in Joint Action 2008/124/CFSP, unless covered by common funding, as set out in the operational budget of the mission.

A National Contingent Leader (NCL) will be appointed by the United States to represent its national contingent in EULEX KOSOVO. The NCL will report to the Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.

The decision to end the operation will be taken by the European Union, following consultation with the United States, provided that the United States is still contributing to EULEX KOSOVO on the date of that decision.