Agreement between the European Union and Bosnia and Herzegovina (BiH) on the activities of the European Union Police Mission (EUPM) IN BiH
Date: 2002-10-04
Institutions: Bosnia and Herzegovina, European Union
Subjects: Bosnia and Herzegovina, EU office or agency, European Union, agreement (EU), operation of the Institutions, police

L 293/2

EN

Official Journal of the European Communities

29.10.2002

between the European Union and Bosnia and Herzegovina (BiH) on the activities of the European
Union Police Mission (EUPM) IN BiH

AGREEMENT

THE EUROPEAN UNION,

on the one hand,

and BOSNIA AND HERZEGOVINA,

hereinafter referred to as the ‘Host Party’,

on the other hand,

Together hereinafter referred to as the ‘Participating Parties’,

TAKING INTO ACCOUNT

— the presence of the United Nations International Police Task Force (IPTF) in Bosnia and Herzegovina since 1996 and
the offer of the European Union to ensure, by 1 January 2003, the follow-on to the IPTF in Bosnia and Herzego-
vina,

— the acceptance by Bosnia and Herzegovina of that offer,

— the adoption by the Council of the European Union on 11 March 2002 of Joint Action 2002/210/CFSP on the
European Union Police Mission (EUPM), stating that the EUPM should establish sustainable policing arrangements
under BiH ownership in accordance with best European and international practice, and thereby raising current BiH
police standards,

HAVE AGREED AS FOLLOWS:

Article 1

Mandate

Article 2

Composition

The European Union Police Mission, hereinafter referred

1.
to as ‘EUPM’, shall establish its main headquarters in Sarajevo.

2.
The EUPM shall also establish such other offices in Bosnia
and Herzegovina as may be decided by the Head of Mission/
Police Commissioner, in consultation with the Host Party. To
this end, the EUPM shall deploy an initial total of 24 moni-
toring units co-located within the various Bosnia and Herzego-
vina Police structures at medium-high level,
including with
Entities, Public Security Centres, Cantons, State Intelligence
Protection Agency, State Border Services and within the Brcko
district.

3.
The EUPM, entrusted with the necessary authority to
monitor, mentor and inspect, should achieve its goal by the
end of 2005.

The EUPM shall operate in accordance with its mandate

4.
as laid down in Article 1(2) of Joint Action 2002/210/CFSP.

The EUPM shall be composed of the Head of Mission/

1.
Police Commissioner and other members of the EUPM.

The Head of Mission/Police Commissioner of the EUPM
2.
shall be appointed by the Council of the European Union.
Other members of the EUPM shall be assigned to specific
appointments by the Head of Mission.

3.

Other members of the EUPM shall be composed of:

(a) police officers, seconded by the Member States of

the
European Union. Non-EU Member States may also appoint
police officers to the EUPM, and thereby be, together with
the European Union and its Member States, Sending Parties;

The EUPM shall be autonomous with regard to the execu-

5.
tion of its functions under this Agreement.

(b) international civilian staff, seconded by the Sending Parties,
recruited on a contractual basis by the EUPM as

or
required;

6.
The Host Party shall provide the EUPM with all informa-
tion and shall extend full cooperation as necessary for the
accomplishment of the EUPM's objectives. The Host Party may
appoint a liaison police officer to the EUPM.

(c) locally recruited personnel, who may be hired by the EUPM
as required. Upon request of the Head of Mission/Police
Commissioner, the Host Party shall facilitate the recruit-
ment of such qualified local staff by the EUPM.

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The number of members of the EUPM shall be deter-

4.
mined by the Head of Mission/Police Commissioner.

Article 3

Chain of responsibilities

1.
The EUPM in Bosnia and Herzegovina shall operate under
the responsibility of the Head of Mission/Police Commissioner,
who shall lead the EUPM and assume its day-to-day manage-
ment.

2.
The Head of Mission/Police Commissioner shall report to
the Secretary-General/High Representative for the Common
Foreign and Security Policy (SG/HR)
through the European
Union Special Representative (EUSR) in Bosnia and Herzego-
vina.

The Head of Mission/Police Commissioner shall

3.
the Host Party regularly on the activities of the EUPM.

inform

recognises their right to purchase such items on the territory of
the Host Party as well as to export or otherwise dispose of such
equipment, provisions, supplies and other goods so purchased
or imported.

The Host Party also recognises the right of the EUPM
8.
personnel, as well as of the EUPM's administrative and technical
staff, to purchase and/or import free of duty or other restric-
tions items required for their own personal use, and to export
such items.

Article 5

Arms and dress

1. Members of the EUPM shall not carry arms.

2. Members of the EUPM may wear their national uniform
or civilian dress, with distinctive EUPM identification. Members
of the EUPM shall carry their national passport, as well as an
EUPM identity card.

Article 4

Status

Article 6

Activities

The EUPM shall be granted the status equivalent to that

1.
of a diplomatic mission.

The main headquarters in Sarajevo, other offices, and all

2.
means of transport of the EUPM shall be inviolable.

3.
EUPM personnel shall be granted all privileges and immu-
nities equivalent to that of diplomatic agents granted under the
Vienna Convention on Diplomatic Relations of 18 April 1961,
subject to which the EU Member States and other Sending
Parties shall have priority of jurisdiction. These privileges and
immunities shall be granted to EUPM personnel during their
mission, and thereafter, with respect to official acts previously
performed in the exercise of their mission.

to that enjoyed,

EUPM's administrative and technical staff shall enjoy a
4.
status equivalent
in accordance with the
Vienna Convention on Diplomatic Relations, by administrative
and technical staff from Sending Parties employed in embassies.
These privileges and immunities shall be granted to EUPM's
administrative and technical staff during their mission, and
thereafter, with respect to official acts previously performed in
the exercise of their mission.

EUPM's locally hired auxiliary personnel shall enjoy a
5.
status equivalent
in accordance with the
Vienna Convention on Diplomatic Relations, by locally
employed staff in embassies.

to that enjoyed,

The Host Party shall facilitate all entries and departures of
6.
the Head of Mission/Police Commissioner and members of the
EUPM, into and from the territory of Bosnia and Herzegovina.
The EUPM shall provide the Host Party with a list of members
of the EUPM and inform the Host Party in advance of the first
arrival and final departure of personnel belonging to the EUPM.

7.
The Host Party recognises the right of the Sending Parties
and of the EUPM to import, free of duty or other restrictions,
equipment, provisions, supplies and other goods required for
the exclusive and official use of the EUPM. The Host Party also

The Host Party shall take all necessary measures for the
1.
protection, safety and security of the EUPM and its members.
Any specific provisions, proposed by the Host Party, shall be
agreed with the Head of Mission/Police Commissioner before
implementation.

2. Members of the EUPM shall not undertake any action or
activity incompatible with the impartial nature of their duties.

3.
The EUPM and its members shall enjoy, together with its
means of transport and equipment, the freedom of movement,
necessary for carrying out the mandate of the Mission.

4. When conducting their activities, members of the EUPM
may be accompanied by an interpreter and, at the request of
the EUPM, by an escort officer appointed by the Host Party.

5.
The EUPM may display the flag of the European Union
on its main headquarters in Sarajevo, and otherwise as decided
by the Head of Mission/Police Commissioner.

6.
Vehicles, and other means of transport of the EUPM shall
carry a distinctive Mission identification, which shall be notified
to the relevant authorities.

Article 7

Travel and transport

1.
Vehicles and other means of transport of the EUPM shall
not be subject to compulsory registration or licensing, and all
vehicles shall carry third party insurance.

2.
The EUPM may use roads, bridges, canals and other
waters, port facilities and airfields without the payment of dues,
tolls or other charges.

The Host Party shall facilitate the EUPM in operating its

3.
own vehicles and other means of transport.

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Article 8

Communications

1.
The EUPM and its members shall have access, at the lowest cost, to appropriate telecommunications
equipment of the Host Party or under the control of the Host Party for the purpose of their activities,
including for communicating with diplomatic and consular representatives of the Sending Parties.

2.
The EUPM and its members shall enjoy the right to unrestricted communication by their own radios
(including satellite, mobile and hand-held radios), telephones, telegraphs, facsimiles or any other means.
The Host Party shall provide, after signature of this Agreement, the frequencies on which radios can
operate.

Article 9

Accommodation and practical arrangements

The Government of Bosnia and Herzegovina agrees,

1.
suitable offices and accommodation.

if requested, to assist the EUPM in finding

2.
As appropriate, the Participating Parties shall agree on other provisions concerning privileges and
immunities as well as on practical arrangements, including urgent medical assistance, emergency evacua-
tion, designation of official representatives as points of contacts, as well as travel documentation require-
ments.

Article 10

Entry into force

This Agreement shall enter into force upon signature. It shall remain in force for the duration of the
mandate of the EUPM.

Done at Sarajevo, on

2002, in the English language in four copies.

For the European Union

For Bosnia and Herzegovina