EN Official Journal of the European Union L 270/27

COUNCIL DECISION 2007/665/CFSP

of 28 September 2007

concerning the conclusion of an Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

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 30 May 2007, the Council adopted Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1).

(2) Article 12(5) of Joint Action 2007/369/CFSP 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.

(3) On 13 September 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 a European Union civilian crisis management operation. On that basis, the Presidency negotiated an Agreement with the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN).

(4) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) 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, 28 September 2007. For the Council The President M. PINHO

(1) OJ L 139, 31.5.2007, p. 33.

EN Official Journal of the European Union L 270/28

AGREEMENT

between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

THE EUROPEAN UNION (EU),

of the one part, and

THE REPUBLIC OF CROATIA,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the adoption by the Council of the European Union on 30 May 2007 of Joint Action 2007/369/CFSP on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1),

— the invitation to the Republic of Croatia to participate in EUPOL AFGHANISTAN,

— the decision by the Republic of Croatia to participate in EUPOL AFGHANISTAN,

— the Political and Security Committee Decision on the acceptance of the Republic of Croatia’s contribution to EUPOL AFGHANISTAN,

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

1. The Republic of Croatia shall associate itself with Joint Action 2007/369/CFSP and with any Joint Action or Decision by which the Council of the European Union decides to extend EUPOL AFGHANISTAN, in accordance with the provisions of this Agreement and any required implementing arrangements.

2. The contribution of the Republic of Croatia to EUPOL AFGHANISTAN is without prejudice to the decision-making autonomy of the European Union.

3. The Republic of Croatia shall ensure that its personnel participating in EUPOL AFGHANISTAN undertake their mission in conformity with:

— Joint Action 2007/369/CFSP and possible subsequent amendments,

— the Operation Plan,

— implementing measures.

4. Personnel seconded to EUPOL AFGHANISTAN by the Republic of Croatia shall carry out their duties and conduct themselves solely with the interest of EUPOL AFGHANISTAN in mind.

5. The Republic of Croatia shall inform in due time the EUPOL AFGHANISTAN Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to EUPOL AFGHANISTAN.

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

Article 2

Status of personnel

1. The status of the personnel contributed to EUPOL AFGHANISTAN by the Republic of Croatia shall be governed by the Agreement on the status of mission concluded between the European Union and the Islamic Republic of Afghanistan.

2. Without prejudice to the Agreement referred to in paragraph 1, the Republic of Croatia shall exercise jurisdiction over its personnel participating in EUPOL AFGHANISTAN.

3. The Republic of Croatia shall be responsible for answering any claims linked to the participation in EUPOL AFGHANISTAN, from or concerning any of its personnel. The Republic of Croatia 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 Republic of Croatia undertakes to make a declaration as regards the waiver of claims against any State participating in EUPOL AFGHANISTAN, 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 Republic of Croatia in EUPOL AFGHANISTAN, and to do so when signing this Agreement.

Article 3

Classified information

1. The Republic of Croatia 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 (2), and in accordance with further guidance issued by competent authorities, including the EUPOL AFGHANISTAN Head of Mission.

2. The provisions of the Agreement between the European Union and the Republic of Croatia on security procedures for the exchange of EU classified information (3), dated 10 April 2006, shall apply in the context of EUPOL AFGHANISTAN.

Article 4

Chain of command

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

2. National authorities shall transfer Operational Control to the EUPOL AFGHANISTAN Head of Mission, who shall exercise that command through a hierarchical structure of command and control.

3. The Head of Mission shall lead EUPOL AFGHANISTAN and assume its day-to-day management.

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

5. The EUPOL AFGHANISTAN Head of Mission shall be responsible for disciplinary control over EUPOL AFGHANISTAN 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 Republic of Croatia to represent its national contingent in EUPOL AFGHANISTAN. The NPC shall report to the EUPOL AFGHANISTAN Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.

7. The decision to end the operation shall be taken by the European Union, following consultation with the Republic of Croatia, provided that the Republic of Croatia is still contributing to EUPOL AFGHANISTAN at the date of termination of the operation.

Article 5

Financial aspects

1. The Republic of Croatia 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 Afghanistan, the Republic of Croatia shall, when its liability has been established, pay compensation under the conditions provided for in the Agreement on status of mission, if available, as referred to in Article 2(1) of this Agreement.

Article 6

Contribution to operational budget

As the participation by the Republic of Croatia constitutes a significant contribution which is essential for the operation, the Republic of Croatia is exempted from contributions to the operational budget of EUPOL AFGHANISTAN.

Article 7

Arrangements to implement this Agreement

Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General/High Representative and the appropriate authorities of the Republic of Croatia.

Article 8

Non-compliance

Should one of the Parties fail to comply with its obligations laid down in this Agreement, the other Party shall have the right to terminate this Agreement by written notification through diplomatic channels one month in advance.

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 through diplomatic channels 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 Republic of Croatia’s contribution to the operation.

Done at Brdo pri Kranjiv, on the fourth day of October in the year two thousand and seven in the English language in two copies. For the European Union For the Republic of Croatia

(1) OJ L 139, 31.5.2007, p. 33.

(2) OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).

(3) OJ L 116, 29.4.2006, p. 74.

ANNEX

Declarations

Referred to in Article 2(4) and (5)

DECLARATION BY THE EU MEMBER STATES

‘The EU Member States applying Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Croatia for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by EUPOL AFGHANISTAN if such injury, death, damage or loss:

— was caused by personnel from the Republic of Croatia in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of gross negligence or wilful misconduct,

— or arose from the use of any assets owned by the Republic of Croatia, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EUPOL AFGHANISTAN personnel from the Republic of Croatia using those assets.’

DECLARATION BY THE REPUBLIC OF CROATIA

‘The Republic of Croatia applying Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in EUPOL AFGHANISTAN for injury, death of their personnel, or damage to, or loss of, any assets owned by itself and used by EUPOL AFGHANISTAN if such injury, death, damage or loss:

— was caused by personnel in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of gross negligence or wilful misconduct,