Council Decision (EU) 2015/1988 of 22 October 2015 on the signing, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part
Grade B
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Address https://gelex.eu/eli/EU/decision/2015/1988@2015-10-22/en
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 37 in conjunction with Article 31(1) thereof,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 21 June 2013 the Council authorised the Commission to open negotiations with Kosovo for a Stabilisation and Association Agreement (the Agreement). The negotiations were successfully concluded by the initialling of the Agreement on 25 July 2014.
(2) The Union and Kosovo have strong links and share values and a desire to strengthen those links and establish a close and lasting relationship based on reciprocity and mutual interest, which should allow Kosovo to further strengthen and extend its relations with the Union.
(3) The First agreement on principles governing the normalisation of relations was reached on 19 April 2013 in the framework of the EU-facilitated dialogue.
(4) The Agreement provides for the establishment of an association between the Union and Kosovo involving reciprocal rights and obligations, common actions and special procedure. It also contains provisions falling within the scope of Chapter 2 of Title V of the Treaty on European Union (TEU) concerning the Common Foreign and Security Policy of the Union. The decision to sign the Agreement should therefore be based on the legal basis providing for the establishment of an association allowing the Union to enter into commitments in all areas covered by the Treaties and on the legal basis for agreements in areas covered by Chapter 2 of Title V of the TEU.
(5) This is an EU-only agreement. The commitments and cooperation to be entered into by the Union under this Agreement relate only to the areas covered by the EU acquis or existing Union policies. The signing and conclusion of the Agreement as an EU-only Agreement is without prejudice to the nature and scope of any similar agreements to be negotiated in the future. It is also without prejudice to the powers of the EU institutions conferred on them in the Treaties and the positions of EU institutions and Member States on competences. The Agreement provides for wide-ranging cooperation in various policy areas, including in justice and home affairs.
(6) The signing of the Agreement is without prejudice to Member States' position on the status of Kosovo, which will be decided in accordance with their national practice and international law.
(7) In addition, none of the terms, wording or definitions used in this Decision and the Agreement, nor any recourse to all the necessary legal bases for the signing of the Agreement, constitute recognition of Kosovo by the Union as an independent State nor does it constitute recognition of Kosovo by individual Member States in that capacity where they have not previously taken such a step. It is appropriate, in that context that a declaration be issued in that regard by the Union at the moment of signature of this Agreement.
(8) The signing of the Agreement as regards matters falling under the competence of the European Atomic Energy Community is subject to a separate procedure.
(9) The Agreement should be signed,
HAS ADOPTED THIS DECISION:
Article 1
The signing, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, and Kosovo is hereby authorised for the parts falling under the TEU and the Treaty on the Functioning of the European Union subject to the conclusion of the said Agreement.
Article 2
The Declaration on behalf of the Union attached to this Decision is hereby approved on behalf of the Union.
Article 3
This Decision is without prejudice to Member States' and the Union's position on the status of Kosovo.
Article 4
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
Article 5
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 22 October 2015. For the Council The President F. Etgen
Declaration on behalf of the Union
The decision to sign the Stabilisation and Association Agreement subject to its conclusion at a later date, including the legal bases used in that regard, is without prejudice to Member States' positions on status and does not constitute recognition of Kosovo by the Union as an independent State, nor does it constitute recognition by individual Member States in that capacity where they have not previously taken such a step.
Versions
Cited by
- Council Decision (CFSP) 2017/348 of 27 February 2017 extending the mandate of the European Union Special Representative in Kosovo Decision · Grade B
The mandate of the EUSR shall be based on the policy objectives of the Union in Kosovo. These include playing a leading role in promoting a stable, viable, peaceful, democratic and multi-ethnic Kosovo; strengthening stability in the region and contributing to regional cooperation and good neighbourly relations in the Western Balkans; promoting a Kosovo that is committed to the rule of law and to the protection of minorities and of cultural and religious heritage; supporting Kosovo's European perspective and rapprochement with the Union in line with the perspective of the region and in accordan
- Council Decision (CFSP) 2017/348 of 27 February 2017 extending the mandate of the European Union Special Representative in Kosovo Decision · Grade B
support Kosovo's European perspective and rapprochement with the Union, in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement and Decision (EU) 2015/1988, and in line with the relevant Council Conclusions, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union, including the work of EULEX;
- Council Decision (CFSP) 2020/1135 of 30 July 2020 appointing the European Union Special Representative in Kosovo Decision · Grade B
The EUSR’s mandate shall be based on the policy objectives of the Union in Kosovo. These include: playing a leading role in promoting a stable, viable, peaceful, democratic and multi-ethnic Kosovo which cooperates with the region; strengthening stability in the region and contributing to regional cooperation and good neighbourly relations in the Western Balkans; promoting a Kosovo that is committed to the rule of law and to the protection of minorities and of cultural and religious heritage; supporting Kosovo’s European perspective and rapprochement with the Union in line with the perspective
- Council Decision (CFSP) 2020/1135 of 30 July 2020 appointing the European Union Special Representative in Kosovo Decision · Grade B
support Kosovo’s European perspective and rapprochement with the Union, in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement and Decision (EU) 2015/1988, and in line with the relevant Council conclusions, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union, including the work of EULEX KOSOVO;
- Council Decision (CFSP) 2018/903 of 25 June 2018 extending the mandate of the European Union Special Representative in Kosovo Decision · Grade B
The EUSR's mandate shall be based on the policy objectives of the Union in Kosovo. These include playing a leading role in promoting a stable, viable, peaceful, democratic and multi-ethnic Kosovo; strengthening stability in the region and contributing to regional cooperation and good neighbourly relations in the Western Balkans; promoting a Kosovo that is committed to the rule of law and to the protection of minorities and of cultural and religious heritage; supporting Kosovo's European perspective and rapprochement with the Union in line with the perspective of the region and in accordance wi
- Council Decision (CFSP) 2018/903 of 25 June 2018 extending the mandate of the European Union Special Representative in Kosovo Decision · Grade B
support Kosovo's European perspective and rapprochement with the Union, in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement and Decision (EU) 2015/1988, and in line with the relevant Council conclusions, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union, including the work of EULEX KOSOVO;
- Council Decision (CFSP) 2026/1726 of 13 July 2026 appointing the European Union Special Representative for Kosovo Decision · Grade B
supporting Kosovo’s European perspective and rapprochement with the Union in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (the Stabilisation and Association Agreement) and Council Decision (EU) 2015/1988, and in line with the relevant Council conclusions.
- Council Decision (CFSP) 2026/1726 of 13 July 2026 appointing the European Union Special Representative for Kosovo Decision · Grade B
support Kosovo’s European perspective and rapprochement with the Union, in line with its regional perspective, in accordance with the Stabilisation and Association Agreement and with Decision (EU) 2015/1988, and in line with the relevant Council conclusions, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union, including the work of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO);
- Council Decision (CFSP) 2024/2084 of 26 July 2024 appointing the European Union Special Representative for Kosovo Decision · Grade B
supporting Kosovo’s European perspective and rapprochement with the Union in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (the Stabilisation and Association Agreement) and Council Decision (EU) 2015/1988, and in line with the relevant Council conclusions.
- Council Decision (CFSP) 2024/2084 of 26 July 2024 appointing the European Union Special Representative for Kosovo Decision · Grade B
support Kosovo’s European perspective and rapprochement with the Union, in line with its regional perspective, in accordance with the Stabilisation and Association Agreement and with Decision (EU) 2015/1988, and in line with the relevant Council conclusions, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union, including the work of EULEX KOSOVO;
- Council Decision (EU) 2016/342 of 12 February 2016 on the conclusion, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part Decision · Grade B
In accordance with Council Decision (EU) 2015/1988, the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, and Kosovo (the Agreement), was signed on behalf of the Union on 22 October 2015 subject to its conclusion at a later date.