TRANSLATION  
AGREEMENT  
between the European Union and the Republic of Mali on the status in the Republic of Mali of the 
European Union military mission to contribute to the training of the Malian Armed Forces (EUTM 
Mali)  
THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,  
of the one part, and  
THE REPUBLIC OF MALI, hereinafter referred to as ‘the Host State’,  
of the other part,  
hereinafter referred to as ‘the Parties’,  
TAKING INTO ACCOUNT:  
— the letter from the President of the Republic of Mali dated 24 December 2012 inviting the EU to deploy a military 
training mission in the territory of the Republic of Mali;  
— Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the 
training of the Malian Armed Forces (EUTM Mali) (  1 ); 
— that this Agreement will not affect the Parties’ rights and obligations under international agreements and other 
instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,  
HAVE AGREED AS FOLLOWS:  
Article 1  
Scope and definitions  
1. This Agreement shall apply only within the territory of 
the Host State.  
2. This Agreement shall apply to the EU military mission to 
contribute to the training of the Malian Armed Forces (EUTM 
Mali) and to its personnel.  
3. For the purposes of this Agreement:  
(a) ‘EUTM Mali’ shall mean the military headquarters and 
national contingents, their facilities, assets and means of 
transport, contributing to the mission;  
(b) ‘mission’ shall mean the preparation, establishment, 
execution and support of EUTM Mali;  
(c) ‘Mission Commander’ shall mean the commander of EUTM 
Mali in the theatre of the mission;  
(d) ‘European Union (EU)’ shall mean the permanent bodies of 
the EU and their staff;  
(e) ‘EU military headquarters’ shall mean the military head ­
quarters and elements thereof, whatever their location, 
under the authority of EU military commanders exercising 
the military command or control of EUTM Mali;  (f) ‘national contingents’ shall mean units and elements 
belonging to the Member States of the EU and to other 
States participating in EUTM Mali;  
(g) ‘EUTM Mali personnel’ shall mean the civilian and military 
personnel assigned to EUTM Mali as well as personnel 
deployed for the preparation of the mission and 
personnel on mission for a Sending State or an EU insti ­
tution or body in the context of the mission, present, 
except as otherwise provided in this Agreement, within 
the territory of the Host State, with the exception of 
personnel employed locally and personnel employed by 
international commercial contractors;  
(h) ‘personnel employed locally’ shall mean personnel who are 
nationals of or permanently resident in the Host State;  
(i) ‘EUTM Mali facilities’ shall mean all premises, accom ­
modation and land areas required for EUTM Mali and 
EUTM Mali personnel;  
(j) ‘Sending State’ shall mean a State providing a national 
contingent for EUTM Mali;  
(k) ‘official correspondence’ shall mean all correspondence 
relating to EUTM Mali and its functions;  
(l) ‘EUTM Mali assets’ shall mean equipment and consumer 
goods necessary for the mission;EN L 106/2 Official Journal of the European Union 16.4.2013  
( 1 ) OJ L 14, 18.1.2013, p. 19.
(m) ‘EUTM Mali means of transport’ shall mean all vehicles and 
other means of transport owned, hired or chartered by 
EUTM Mali that are necessary for the mission.  
Article 2  
General provisions  
1. EUTM Mali and EUTM Mali personnel shall respect the 
laws and regulations of the Host State and shall refrain from 
any action or activity incompatible with the objectives of the 
mission.  
2. EUTM Mali shall regularly inform the Government of the 
Host State of the number of members of EUTM Mali personnel 
stationed within the Host State’s territory.  
Article 3  
Identification  
1. EUTM Mali personnel present in the territory of the Host 
State shall carry passports or military identity cards with them 
at all times.  
2. EUTM Mali vehicles and other means of transport shall 
carry distinctive EUTM Mali identification markings and/or 
registration plates, of which the relevant Host State authorities 
shall be notified.  
3. EUTM Mali shall have the right to display the flag of the 
European Union and markings such as military insignia, titles 
and official symbols on its facilities and means of transport. The 
uniforms of EUTM Mali personnel shall carry a distinctive 
EUTM Mali emblem. National flags or insignia of the 
constituent national contingents of the mission may be 
displayed on EUTM Mali facilities and means of transport, 
and uniforms, as decided by the Mission Commander.  
Article 4  
Border crossing and movement within the Host State’s 
territory  
1. EUTM Mali personnel shall enter the Host State’s territory 
only on presentation of a passport accompanied by an indi ­
vidual or collective movement order issued by EUTM Mali. They 
shall be exempt from visa regulations, immigration inspections 
and customs control on entering, leaving or within the Host 
State’s territory.  
2. EUTM Mali personnel shall be exempt from the Host 
State’s regulations on the registration and control of aliens, 
but shall not acquire any right to permanent residence or 
domicile in the territory of the Host State.  
3. EUTM Mali assets and means of transport entering or 
leaving the territory of the Host State in support of the 
mission shall be exempt from any requirement to produce 
any customs documentation and from any inspection.  
4. EUTM Mali personnel may drive motor vehicles provided 
they hold a valid national, international or military driving 
licence issued by a Sending State.  5. For the purposes of the mission, the Host State shall grant 
EUTM Mali and EUTM Mali personnel freedom of movement 
and freedom to travel within its territory, including its air space.  
6. The Host State shall permit the entry of EUTM Mali assets 
and means of transport and grant them exemption from all 
custom duties, fees, tolls, taxes and similar charges other than 
charges for storage, cartage and other services rendered.  
7. For the purposes of the mission, EUTM Mali may use 
public roads, bridges, ferries and airports without the payment 
of duties, fees, tolls, taxes and similar charges. EUTM Mali shall 
not be exempt from charges for services requested and received, 
under the conditions that apply to those provided to the Host 
State’s armed forces.  
Article 5  
Privileges and immunities of EUTM Mali granted by the 
Host State  
1. EUTM Mali’s facilities shall be inviolable. The Host State’s 
agents shall not enter them without the consent of the 
commander of the mission.  
2. EUTM Mali, wherever located and by whomsoever its 
assets, means of transport and facilities are held or occupied, 
shall enjoy immunity from every form of legal process.  
3. EUTM Mali personnel, assets, facilities and means of 
transport shall be immune from search, requisition, attachment 
or execution.  
4. EUTM Mali’s archives and documents shall be inviolable at 
any time, wherever they may be.  
5. EUTM Mali’s official correspondence shall be inviolable.  
6. EUTM Mali shall be exempt from all national, regional and 
communal dues, taxes and charges of similar nature in respect 
of purchased and imported EUTM Mali assets and means of 
transport, EUTM Mali facilities, and services provided for the 
purposes of EUTM Mali. The application of this exemption may 
not be made subject to any authorisation or prior notification 
by EUTM Mali of the competent authorities of the Host State. 
However, EUTM Mali shall not be exempt from fees or other 
charges that represent payment for services rendered.  
Article 6  
Privileges and immunities of EUTM Mali personnel granted 
by the Host State  
1. EUTM Mali personnel shall not be liable to any form of 
arrest or detention.  
2. The papers, correspondence and property of EUTM Mali 
personnel shall be inviolable, except in case of measures of 
execution which are permitted pursuant to paragraph 6.EN 16.4.2013 Official Journal of the European Union L 106/3
3. EUTM Mali personnel shall enjoy immunity from criminal 
proceedings in the Host State under all circumstances.  
The immunity from criminal proceedings of EUTM Mali 
personnel may be waived by the Sending State or the EU 
body concerned, as the case may be. Such waiver shall always 
be in writing.  
4. EUTM Mali personnel shall enjoy immunity from the civil 
and administrative proceedings in the Host State in respect of 
words spoken or written and all acts performed by them in the 
exercise of their official functions.  
If any civil proceedings are instituted against EUTM Mali 
personnel before any Host State court, the Mission 
Commander and the competent authority of the Sending 
State or the EU body concerned shall be notified immediately. 
Prior to initiation of proceedings before the competent court, 
the Mission Commander and the competent authority of the 
Sending State or the EU institution concerned shall certify to 
the court whether the act in question was performed by EUTM 
Mali personnel in the exercise of their official functions.  
If the act was performed in the exercise of official functions, 
proceedings shall not be initiated and the provisions of 
Article 15 shall apply. If the act was not committed in the 
exercise of official functions, proceedings may continue. The 
certification issued by the commander of the mission and the 
competent authority of the Sending State or the EU body 
concerned shall be binding upon the court of the Host State, 
which may not contest it.  
However, the competent authorities of the Host State may 
challenge the merits of that certification within a period of 
two months from its date of issue. In such a case, each of 
the Parties shall commit to resolving the dispute exclusively 
by diplomatic means.  
The initiation of civil proceedings by EUTM Mali personnel shall 
preclude them from invoking immunity from jurisdiction in 
respect of any counter-claim directly connected with the 
principal claim.  
5. EUTM Mali personnel shall not be obliged to give 
evidence as witnesses.  
6. No measures of execution may be taken in respect of 
EUTM Mali personnel, except in cases where civil proceedings 
not related to their official functions are instituted against them. 
The property of EUTM Mali personnel, certified by the Mission 
Commander to be necessary for the fulfilment of their official 
functions, shall be free from seizure for the satisfaction of a 
judgment, decision or order. In civil proceedings, EUTM Mali 
personnel shall not be subject to any restrictions on their 
personal liberty or to any other measures of constraint.  
7. The immunity of EUTM Mali personnel from jurisdiction 
in the Host State does not exempt them from jurisdiction in the 
respective Sending States.  
8. EUTM Mali personnel shall be exempt from any form of 
taxation in the Host State on the salary and emoluments paid to 
them by EUTM Mali or the Sending States, as well as on any 
income received from outside the Host State.  9. The Host State shall, in accordance with such laws and 
regulations as it may adopt, authorise entry of articles for the 
personal use of EUTM Mali personnel and grant exemption on 
such articles from all customs duties, taxes and related charges 
other than charges for storage, cartage and similar services.  
The personal baggage of EUTM Mali personnel shall be exempt 
from inspection, unless there are serious grounds for presuming 
that it contains articles that are not for the personal use of 
EUTM Mali personnel, or articles the import or export of 
which is prohibited by the law or controlled by the quarantine 
regulations of the Host State. Such inspection shall be 
conducted only in the presence of the EUTM Mali personnel 
concerned or of an authorised representative of EUTM Mali.  
Article 7  
Personnel employed locally  
Personnel employed locally shall enjoy privileges and 
immunities only to the extent admitted by the Host State. 
However, the Host State shall exercise its jurisdiction over 
such personnel in such a manner as not to interfere unduly 
with the operation of the mission.  
Article 8  
Criminal jurisdiction  
The competent authorities of a Sending State shall have the 
right to exercise within the territory of the Host State all the 
criminal-jurisdiction and disciplinary powers conferred on them 
by the law of the Sending State with regard to all members of 
EUTM Mali personnel subject to the relevant law of the Sending 
State.  
Article 9  
Uniform and arms  
1. The wearing of uniform shall be subject to rules issued by 
the Mission Commander.  
2. EUTM Mali military personnel may carry or transport 
arms and the corresponding ammunition on condition that 
they are authorised to do so by their orders.  
Article 10  
Host State support and contracting  
1. The Host State shall agree, if requested, to assist EUTM 
Mali in finding suitable facilities.  
2. The Host State shall provide EUTM Mali, free of charge, 
with facilities of which it is the owner insofar as such facilities 
are necessary for the mission.  
3. Within its means and capabilities, the Host State shall 
assist in the preparation, establishment, and execution of and 
support for EUTM Mali. The Host State’s assistance and support 
for the mission shall be provided under the same conditions as 
the assistance and support given to the Host State’s armed 
forces.EN L 106/4 Official Journal of the European Union 16.4.2013
4. The law applicable to contracts concluded by EUTM Mali 
in the Host State shall be determined by the said contracts.  
5. The contracts may stipulate that the dispute settlement 
procedure referred to in Article 15(3) and (4) shall be applicable 
to disputes arising from the application of such contracts.  
6. The Host State shall facilitate the implementation of 
contracts concluded by EUTM Mali with commercial entities 
for the purposes of the mission.  
Article 11  
Change to facilities  
1. EUTM Mali shall be authorised to construct or modify 
facilities as requested for its operational requirements.  
2. No compensation shall be requested from EUTM Mali by 
the Host State for those constructions or modifications.  
Article 12  
Deceased EUTM Mali personnel  
1. The Mission Commander shall have the right to take 
charge of and make suitable arrangements for the repatriation 
of any deceased EUTM Mali personnel, as well as of their 
personal property.  
2. No autopsy shall be performed on any deceased EUTM 
Mali personnel without the agreement of the State concerned 
and the presence of a representative of EUTM Mali and/or the 
State concerned.  
3. The Host State and EUTM Mali shall cooperate to the 
fullest extent possible with a view to the early repatriation of 
deceased EUTM Mali personnel.  
Article 13  
Security of EUTM Mali and military police  
1. The Host State shall take all appropriate measures to 
ensure the safety and security of EUTM Mali and its 
personnel outside their facilities.  
2. EUTM Mali shall be authorised, on the land territory of 
the Host State, to take the measures necessary, including the use 
of necessary and proportionate force, to protect its personnel, 
facilities, assets and means of transport.  
3. This authorisation shall extend to the protection of 
persons in the immediate environment of EUTM Mali 
personnel where there are risks that might place the lives of 
such persons in danger or cause them grievous bodily injury.  
4. The Mission Commander may establish a military police 
unit in order to maintain order on EUTM Mali facilities.  
5. The military police unit may also, in consultation and 
cooperation with the military police or the police of the Host State, act outside those facilities to ensure the maintenance of 
good order and discipline among EUTM Mali personnel.  
Article 14  
Communications  
1. EUTM Mali may install and operate radio sending and 
receiving stations, as well as satellite systems. It shall 
cooperate with the Host State’s competent authorities with a 
view to avoiding conflicts in the use of appropriate frequencies. 
The Host State shall grant access, free of charge, to the 
frequency spectrum in accordance with its legislation in force.  
2. EUTM Mali shall enjoy the right to unrestricted communi ­
cation by radio (including satellite, mobile and hand-held radio), 
telephone, telegraph, facsimile and other means, as well as the 
right to install the equipment necessary for the maintenance of 
such communications within and between EUTM Mali facilities, 
including the laying of cables and land lines for the purposes of 
the mission.  
3. Within its own facilities EUTM Mali may make the 
arrangements necessary for the conveyance of mail addressed 
to and from EUTM Mali and/or EUTM Mali personnel.  
Article 15  
Claims for death, injury, damage and loss  
1. EUTM Mali and EUTM Mali personnel, the EU and 
Sending States shall not be liable for any damage to or loss 
of civilian or government property which are related to oper ­
ational necessities or caused by activities in connection with 
civil disturbances or protection of EUTM Mali.  
2. With a view to reaching an amicable settlement, claims 
for damage to or loss of civilian property not covered by 
paragraph 1, as well as claims for death of or injury to 
persons and for damage to or loss of EUTM Mali assets, facilities 
or means of transport, shall be forwarded to EUTM Mali via the 
competent authorities of the Host State, as far as claims brought 
by natural or legal persons from the Host State are concerned, 
or to the competent authorities of the Host State, as far as 
claims brought by EUTM Mali are concerned.  
3. Where no amicable settlement can be found, the claim 
shall be submitted to a claims commission composed on an 
equal basis of representatives of EUTM Mali and representatives 
of the Host State. Settlement of claims shall be reached by 
common agreement.  
4. Where no settlement can be reached within the claims 
commission, the dispute shall:  
(a) for claims up to and including EUR 40 000, be settled by 
diplomatic means between the Host State and EU represen ­
tatives.  
(b) for claims above the amount referred to in point (a), be 
submitted to an arbitration tribunal, the decision of which 
shall be binding.EN 16.4.2013 Official Journal of the European Union L 106/5
5. The arbitration tribunal shall be composed of three 
arbitrators, one arbitrator being appointed by the Host State, 
one arbitrator being appointed by EUTM Mali and the third one 
being appointed jointly by the Host State and EUTM Mali. 
Where one of the parties does not appoint an arbitrator 
within two months or where no agreement can be found 
between the Host State and EUTM Mali on the appointment 
of the third arbitrator, the arbitrator in question shall be 
appointed by the president of a court of justice designated 
jointly by the Parties.  
6. An administrative arrangement shall be concluded 
between EUTM Mali and the administrative authorities of the 
Host State in order to determine the terms of reference of the 
claims commission and the arbitration tribunal, the procedure 
applicable within those bodies and the conditions under which 
claims are to be lodged.  
Article 16  
Liaison and disputes  
1. All issues arising in connection with the application of 
this Agreement shall be examined jointly by the representatives 
of EUTM Mali and the Host State’s competent authorities.  
2. Failing any prior settlement, disputes concerning the inter ­
pretation or application of this Agreement shall be settled 
exclusively by diplomatic means between the Host State and 
EU representatives.  
Article 17  
Other provisions  
1. Whenever this Agreement refers to the privileges, 
immunities and rights of EUTM Mali and of EUTM Mali 
personnel, the Government of the Host State shall be responsible for their implementation and for compliance with 
them on the part of the appropriate Host State local authorities.  
2. Nothing in this Agreement is intended or may be 
construed to derogate from any rights that may attach to a 
Sending State under other agreements.  
Article 18  
Implementing arrangements  
For the purposes of the application of this Agreement, oper ­
ational, administrative and technical matters may be the subject 
of separate arrangements to be concluded between the Mission 
Commander and the Host State’s administrative authorities.  
Article 19  
Entry into force and termination  
1. This Agreement shall enter into force on the day on 
which it is signed and shall remain in force until the date of 
departure of the last EUTM Mali element and of the last EUTM 
Mali personnel, as notified by EUTM Mali.  
2. Notwithstanding paragraph 1, the provisions of 
Article 4(7), Article 5(1), (2), (3) and (6), Article 6(1), (3), (4), 
(6), (8) and (9) and Articles 11 and 15 shall be deemed to be 
applicable from the date on which the first EUTM Mali 
personnel were deployed if that date was earlier than the date 
of entry into force of this Agreement.  
3. This Agreement may be amended by written agreement 
between the Parties.  
4. Termination of this Agreement shall not affect any rights 
or obligations arising out of the execution of this Agreement 
before such termination.  
Done at Bamako on the fourth day of April in the year two thousand and thirteen, in two 
originals in the French language.  
For the European Union  For the Republic of MaliEN L 106/6 Official Journal of the European Union 16.4.2013