EN Official Journal of the European Union L 349/30

COUNCIL DECISION 2005/966/CFSP

of 14 November 2005

concerning the conclusion of an Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM)

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:

(1) On 9 September 2005, the Council adopted Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) (1).

(2) Article 10(4) of that Joint Action provides that detailed arrangements regarding the participation of third states shall be the subject of an agreement, in conformity with Article 24 of the Treaty on European Union.

(3) On 13 December 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 European Union and a third state on the participation of a third state in an European Union civilian crisis management operation. On that basis the Presidency negotiated an Agreement with the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM).

(4) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) is hereby approved on behalf of the European Union.

The text of the Agreement 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, 14 November 2005. For the Council The President T. JOWELL

(1) OJ L 234, 11.9.2005, p. 13.

EN Official Journal of the European Union L 349/31

AGREEMENT

between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM)

THE EUROPEAN UNION (EU),

of the one part, and

THE SWISS CONFEDERATION,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the Memorandum of Understanding signed on 15 August 2005 between the Government of Indonesia (GoI) and the Free Aceh Movement (GAM) regarding a peaceful, comprehensive and sustainable solution to the conflict in Aceh, which notably provides for the establishment of an Aceh Monitoring Mission (AMM),

— the Agreement between the GoI and the European Union of 3 October 2005, regarding the tasks, status, privileges and immunities of the AMM and its members,

— the invitation to the Swiss Confederation to participate in the AMM,

— the acceptance from the Swiss Confederation to participate in the AMM,

— the adoption by the Council of the European Union of Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM),

— the decision of the Political and Security Committee of 20 September 2005, on the acceptance of the Swiss Confederation’s contribution to the AMM,

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the AMM

1. The Swiss Confederation shall associate itself with Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and with any Joint Action or Decision by which the Council of the European Union decides to extend the AMM, in accordance with the provisions of this Agreement and any required implementing arrangements.

2. The contribution of the Swiss Confederation to the AMM is without prejudice to the decision-making autonomy of the European Union.

3. The Swiss Confederation shall ensure that its personnel participating in the AMM undertake their mission in conformity with:

(a) Joint Action 2005/643/CFSP and possible subsequent amendments;

(b) the Operation Plan (OPLAN);

(c) implementing measures.

4. Personnel seconded to the AMM by the Swiss Confederation shall carry out their duties and conduct themselves solely with the interest of the AMM in mind.

5. The Swiss Confederation shall inform, in due time, the AMM Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to the AMM.

6. Personnel seconded to the AMM shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Swiss Confederation. Personnel seconded to the AMM shall produce a copy of this certification.

Article 2

Status of personnel

1. The status of the personnel contributed to the AMM by the Swiss Confederation shall be governed by the Agreement on the status of mission concluded between the European Union and the GoI.

2. Without prejudice to the Agreement on the status of mission referred to in paragraph 1, the Swiss Confederation shall exercise jurisdiction over its personnel participating in the AMM.

3. The Swiss Confederation shall be responsible for answering any claims linked to the participation in the AMM, from or concerning any of its personnel. The Swiss Confederation shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel, in accordance with its laws and regulations.

4. The Swiss Confederation undertakes to make a declaration as regards the waiver of claims against any State participating in the AMM, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.

5. The European Union shall ensure that its Member States make a declaration as regards the waiver of claims, for the participation of the Swiss Confederation in the AMM, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.

Article 3

Classified information

The Swiss Confederation shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (1), and in accordance with further guidance issued by competent authorities, including the AMM Head of Mission.

Article 4

Chain of command

1. All personnel participating in the AMM shall remain under the full command of their national authorities.

2. National authorities shall transfer operational control to the AMM Head of Mission, who shall exercise that command through a hierarchical structure of command and control.

3. The Head of Mission shall lead the AMM and assume its day-to-day management.

4. The Swiss Confederation shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 1(1).

5. The AMM Head of Mission shall be responsible for disciplinary control over AMM personnel. Where required, disciplinary action shall be taken by the national authority concerned.

6. A National Contingent Point of Contact (NPC) shall be appointed by the Swiss Confederation to represent its national contingent in the AMM. The NPC shall report to the AMM Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.

7. The decision to end the AMM shall be taken by the European Union, following consultation with the Swiss Confederation, provided that the Swiss Confederation is still contributing to the AMM at the date of termination of the operation.

Article 5

Financial aspects

1. The Swiss Confederation shall assume all the costs associated with its participation in the operation apart from the costs which are subject to common funding, as set out in the operational budget of the operation.

2. In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Swiss Confederation shall, when its liability has been established, pay compensation under the conditions foreseen in the Agreement on status of mission as referred to in Article 2(1) of this Agreement.

Article 6

Contribution to operational budget

1. The Swiss Confederation will contribute to the financing of the operational budget of the AMM.

2. An arrangement on the practical modalities of the payment of the Swiss Confederation’s contribution shall be signed between the AMM Head of Mission and the relevant administrative services of the Swiss Confederation. This arrangement shall include, inter alia, provisions on:

(a) the amount concerned;

(b) the arrangements for payment of the financial contribution;

(c) the auditing procedure.

Article 7

Arrangements to implement the Agreement

Without prejudice to the provisions of Article 6(2) any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, and the appropriate authorities of the Swiss Confederation.

Article 8

Non-compliance

Should one of the Parties fail to comply with its obligations laid down in the previous articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.

Article 9

Dispute settlement

Disputes concerning the interpretation or application of this agreement shall be settled by diplomatic means between the parties.

Article 10

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 the completion of the internal procedures necessary for this purpose.

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 on , in the English language in two copies. For the European Union For the Swiss Confederation

(1) OJ L 101, 11.4.2001, p. 1.

DECLARATIONS

referred to in Article 2(4) and (5) of the Agreement

Declaration by the EU Member States:

‘The EU Member States applying EU Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against the Swiss Confederation for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

— was caused by personnel from the Swiss Confederation in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

— arose from the use of any assets owned by the Swiss Confederation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Swiss Confederation using those assets.’

Declaration by the Swiss Confederation:

‘The Swiss Confederation associating itself with EU Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of their personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

— was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or