----

            COUNCIL DECISION 2006/676/CFSP

of 10 August 2006         

concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Swiss Confederation on the participation of the Swiss Confederation in the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Union and the Government of the Swiss Confederation on the participation of the Swiss Confederation in the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo) is hereby approved on behalf of the European Union.

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.

Article 3

This Decision shall take effect on the day of its adoption.

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 10 August 2006.

For the Council

The President

E. TUOMIOJA            

----

(1)OJ L 116, 29.4.2006, p. 98.

----

            AGREEMENT         

in the form of an Exchange of Letters between the European Union and the Government of the Swiss Confederation on the participation of the Swiss Confederation in the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo)

A.   Letter from the European Union to the Government of the Swiss Confederation

Brussels, 10 August 2006            

Dear Sir,

I would like to thank you for your country's offer for a contribution to the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo). The offer shall constitute an important contribution to the Operation and I have the pleasure to inform you that the Council of the European Union has decided to accept Switzerland's offer for a contribution to Operation EUFOR RD Congo and to invite your country to be represented in the Committee of Contributors.

As already indicated in my letter of 28 July 2006, Switzerland should conclude an agreement with the European Union on its participation in Operation EUFOR RD Congo. Pending the conclusion of the Draft Agreement between the European Union and the Swiss Confederation establishing a framework for the participation of the Swiss Confederation in the European Union crisis management operations, I would propose that the participation of Switzerland in the operation be governed by the provisions set out in Annex I to this letter.

Should these provisions be agreeable to you, I would suggest that this letter, including Annex I to this letter, and your reply constitute the agreement between the European Union and Switzerland for Switzerland's participation in Operation EUFOR RD Congo, which shall enter into force on the date of signature of your reply.

Accordingly, I also attach in Annex II, on behalf of the European Union Member States, a declaration on the waiver of claims by the European Union Member States. I kindly request that Switzerland make a parallel declaration according to the model set out in that Annex.

Yours faithfully,

For the European Union

ANNEX I

Provisions on the participation of the Swiss Confederation in the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo)

ANNEX II

Declaration by the European Union Member States

                           ‘The EU Member States applying Council Joint Action 2006/319/CFSP of 27 April 2006 on the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Swiss Confederation for injury, death of its personnel, or damage to, or loss of, any assets owned by themselves and used by the EU military operation if such injury, death, damage or loss:

Declaration by the Government of the Swiss Confederation

                           ‘The Government of the Swiss Confederation associating itself with Council Joint Action 2006/319/CFSP of 27 April 2006 on the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU military operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU military operation if such injury, death, damage or loss:

B.   Letter from the Government of the Swiss Confederation to the European Union

Brussels, 10 August 2006            

Sir,

I have the honour to acknowledge receipt of your letter of 10 August 2006 and the Annexes thereto regarding the provisions on the participation of the Swiss Confederation in the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo) which reads as follows:

                  ‘I would like to thank you for your country's offer for a contribution to the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo). The offer shall constitute an important contribution to the Operation and I have the pleasure to inform you that the Council of the European Union has decided to accept Switzerland's offer for a contribution to Operation EUFOR RD Congo and to invite your country to be represented in the Committee of Contributors.

As already indicated in my letter of 28 July 2006, Switzerland should conclude an agreement with the European Union on its participation in Operation EUFOR RD Congo. Pending the conclusion of the Draft Agreement between the European Union and the Swiss Confederation establishing a framework for the participation of the Swiss Confederation in the European Union crisis management operations, I would propose that the participation of Switzerland in the operation be governed by the provisions set out in Annex I to this letter.

Should these provisions be agreeable to you, I would suggest that this letter, including Annex I to this letter, and your reply constitute the agreement between the European Union and Switzerland for Switzerland's participation in Operation EUFOR RD Congo, which shall enter into force on the date of signature of your reply.

Accordingly, I also attach in Annex II, on behalf of the European Union Member States, a declaration on the waiver of claims by the European Union Member States. I kindly request that Switzerland make a parallel declaration according to the model set out in that Annex.’               

I have the honour to confirm, on behalf of the Government of the Swiss Confederation, that the contents of your letter and of its Annexes are acceptable to the Government of the Swiss Confederation and that your letter and its Annexes, together with this reply, shall constitute the agreement between the European Union and Switzerland for Switzerland's participation in Operation EUFOR RD Congo, which shall enter into force on the date of signature of this reply.

I attach a declaration on the waiver of claims by the Government of the Swiss Confederation.

Yours faithfully,

For the Government of the Swiss Confederation

----

(1)OJ L 116, 29.4.2006, p. 98.

(2)OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2005/952/EC (OJ L 346, 29.12.2005, p. 18).

(3)OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision 2005/68/CFSP (OJ L 27, 29.1.2005, p. 59).

----