AGREEMENT
between the European Union and the Swiss Confederation on the participation of the Swiss
Confederation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
THE EUROPEAN UNION (EU),
of the one part, andTHE SWISS CONFEDERATION,
of the other part,
hereinafter referred to as the ‘Parties ’,
TAKING INTO ACCOUNT:
—the adoption by the Council of the European Union of Joint Action 2008/124/CFSP of 4 February 2008 on the
European Union Rule of Law Mission in Kosovo, EULEX KOSOVO,
—the invitation to the Swiss Confederation to participate in the European Union Rule of Law Mission in Kosovo, EULEX
KOSOVO,
—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 Swiss
Confederation in the EU-led operation,
—the Political and Security Committee Decision EULEX/2/2008 of 22 April 2008 on the acceptance of the Swiss
Confederation ’s contribution to the EU Rule of Law Mission in Kosovo, EULEX KOSOVO,
HAVE AGREED AS FOLLOWS:
Article 1
Participation in the operation
1. The Swiss Confederation shall associate itself with the
Joint Action 2008/124/CFSP of 4 February 2008 on theEuropean Union Rule of Law Mission in Kosovo, EULEXKOSOVO (hereinafter ‘EULEX KOSOVO ’), and with any Joint
Action or Decision by which the Council of the EuropeanUnion decides to extend EULEX KOSOVO, in accordance withthe provisions of this Agreement and any required implemen­ting arrangements.
2. The contribution of the Swiss Confederation to EULEX
KOSOVO is without prejudice to the decision-makingautonomy of the European Union.
3. The Swiss Confederation shall ensure that its personnel
participating in the EULEX KOSOVO undertake their missionin conformity with:
—the Joint Action 2008/124/CFSP on European Union Rule
of Law Mission in Kosovo, EULEX KOSOVO and possiblesubsequent amendments,—the Operation Plan,
—implementing measures.
4. Personnel seconded to EULEX KOSOVO by the Swiss
Confederation shall carry out their duties and conduct them­selves solely with the interest of EULEX KOSOVO in mind.
5. The Swiss Confederation shall inform in due time the
Civilian Operation Commander and the Head of Mission ofEULEX KOSOVO (hereinafter ‘Head of Mission ’) of any change
to its contribution to EULEX KOSOVO.
6. Personnel seconded to EULEX KOSOVO shall undergo a
medical examination, vaccination and be certified medically fitfor duty by a competent authority from the Swiss Confe­deration. Personnel seconded to EULEX KOSOVO shallproduce a copy of this certification.EN L 217/24 Official Journal of the European Union 13.8.2008
Article 2
Status of personnel
1. The status of the personnel contributed to EULEX
KOSOVO by the Swiss Confederation shall be governed bythe provisions on the status of mission, as provided byArticle 10(1) of the Joint Action 2008/124/CFSP of4 February on the European Union Rule of Law Mission inKosovo, EULEX KOSOVO.
2. The status of personnel contributed to headquarters or
command elements located outside Kosovo, shall be governedby arrangements between the headquarters and commandelements concerned and the Swiss Confederation.
3. Without prejudice to the agreement on the status of
mission referred to in paragraph 1 of this Article, if available,the Swiss Confederation shall exercise jurisdiction over itspersonnel participating in EULEX KOSOVO.
4. The Swiss Confederation shall be responsible for
answering any claims, from or concerning any of itspersonnel, linked to the participation in EULEX KOSOVO.The Swiss Confederation shall be responsible for bringing anyaction, in particular legal or disciplinary, against any of itspersonnel, in accordance with its laws and regulations.
5. The Swiss Confederation undertakes to make a declaration
as regards the waiver of claims against any State participating inEULEX KOSOVO, and to do so when signing this Agreement. Amodel for such a declaration is annexed to this Agreement.
6. The European Union Member States undertake to make a
declaration as regards the waiver of claims, for the participationof the Swiss Confederation in EULEX KOSOVO, and to do sowhen signing this Agreement. A model for such a declaration isannexed to this Agreement.
Article 3
Classified information
1. The Swiss Confederation shall take appropriate measures
to ensure that EU classified information is protected inaccordance with the European Union Council ’s security regu­
lations, contained in Council Decision 2001/264/EC of19 March 2001, and in accordance with further guidanceissued by competent authorities, including the Head of Mission.
2. Where the EU and the Swiss Confederation have
concluded an agreement on security procedures for theexchange of classified information, the provisions of such an
agreement shall apply in the context of EULEX KOSOVO.
Article 4
Chain of command
1. All personnel participating in EULEX KOSOVO shall
remain under the full command of their national authorities.
2. National authorities shall transfer operational control to
the Civilian Operations Commander, who shall exercisecommand and control at the strategic level.
3. The Head of Mission shall assume responsibility and
exercise command and control of EULEX KOSOVO at theatrelevel.
4. The Head of Mission shall exercise command and control
over personnel, teams and units from contributing States as
assigned by the Civilian Operation Commander together withadministrative and logistic responsibility including over assets,resources and information placed at the disposal of EULEXKOSOVO.
5. The Swiss Confederation shall have the same rights and
obligations in terms of the day-to-day management of theoperation as participating European Union Member Statestaking part in the operation, in accordance with the legalinstruments referred to in Article 1, paragraph 1, of thisAgreement.
6. The Head of Mission shall be responsible for disciplinary
control over the personnel of EULEX KOSOVO. Whererequired, disciplinary action shall be taken by the nationalauthority concerned.
7. A National Contingent Leader (NCL) shall be appointed by
the Swiss Confederation to represent its national contingent in
EULEX KOSOVO. The NCL shall report to the Head of Missionon national matters and shall be responsible for day-to-daycontingent discipline.
8. The decision to end the operation shall be taken by the
European Union, following consultation with the Swiss Confe­deration, provided that the Swiss Confederation is still contri­buting to EULEX KOSOVO at the date of termination of theoperation.EN 13.8.2008 Official Journal of the European Union L 217/25
Article 5
Financial aspects
1. The Swiss Confederation shall assume all the costs asso­
ciated with its participation in the operation apart from thecosts which are subject to common funding, as set out in theoperational budget of the operation.
2. In case of death, injury, loss or damage to natural or legal
persons from the territory where the operation is conducted, theSwiss Confederation shall, when its liability has been estab­
lished, pay compensation under the conditions foreseen in the
agreement on the status of mission, if available, as referred to inArticle 2(1) of this Agreement.
Article 6
Arrangements to implement the Agreement
Any necessary technical and administrative arrangements in
pursuance of the implementation of this Agreement shall beconcluded between the Secretary-General of the Council ofthe European Union/High Representative for the CommonForeign and Security Policy, and the appropriate authorities ofthe Swiss Confederation.
Article 7
Non-compliance
Should one of the Parties fail to comply with its obligations laid
down in the previous Articles, the other Party shall have theright to terminate this Agreement by serving a notice of one
month.
Article 8
Dispute settlement
Disputes concerning the interpretation or application of this
Agreement shall be settled by diplomatic means between theParties.
Article 9
Entry into force
1. This Agreement shall enter into force on the first day of
the first month after the Parties have notified each other of thecompletion of the internal procedures necessary for thispurpose.
2. This Agreement shall be provisionally applied from the
date of signature.
3. This Agreement shall remain in force for the duration of
the Swiss Confederation ’s contribution to the operation.
Done at Brussels, 29 July 2008.
For the European Union For the Swiss ConfederationEN L 217/26 Official Journal of the European Union 13.8.2008
ANNEX
DECLARATIONS
Declaration by the EU Member States
The EU Member States applying the EU Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in
Kosovo, EULEX KOSOVO, will endeavour, insofar as their internal legal systems so permit, to waive as far as possibleclaims against the Swiss Confederation for injury, death of their personnel, or damage to, or loss of, any assets owned by
themselves and used by EULEX KOSOVO if such injury, death, damage or loss was caused by personnel from the Swiss
Confederation in the execution of their duties in connection with EULEX KOSOVO, except in case of gross negligence orwilful misconduct, or arose from the use of any assets owned by the Swiss Confederation, provided that the assets wereused in connection with the operation and except in case of gross negligence or wilful misconduct of the personnel of
EULEX KOSOVO from the Swiss Confederation using those assets.
Declaration by the Swiss Confederation
As a participant to the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, established by the EU Joint
Action 2008/124/CFSP, the Swiss Confederation will endeavour, insofar as its internal legal system so permits, to waive
as far as possible claims against any other State participating in EULEX KOSOVO for injury, death of its personnel, ordamage to, or loss of, any assets owned by itself and used by EULEX KOSOVO if such injury, death, damage or loss wascaused by personnel in the execution of their duties in connection with EULEX KOSOVO, except in case of gross
negligence or wilful misconduct, or arose from the use of any assets owned by States participating in EULEX
KOSOVO, provided that the assets were used in connection with the operation and except in case of gross negligenceor wilful misconduct of the personnel of EULEX KOSOVO using those assets.EN 13.8.2008 Official Journal of the European Union L 217/27