Agreement between the European Union and the Government of the Swiss Confederation, represented by the Federal Department of Foreign Affairs, on the participation of Switzerland in the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
Date: 2002-12-11
Institutions: European Union, Switzerland
Subjects: Bosnia and Herzegovina, EU police mission, Switzerland, agreement (EU), police cooperation

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Official Journal of the European Union

25.9.2003

AGREEMENT

between the European Union and the Government of the Swiss Confederation, represented by
the Federal Department of Foreign Affairs, on the participation of Switzerland in the European
Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

THE EUROPEAN UNION,

on the one hand, and

SWITZERLAND,

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
Herzegovina,

— the acceptance by Bosnia and Herzegovina of that offer, by Exchange of Letters of 2 and 4 March 2002, which
provides, inter alia, that the EUPM planning team be granted the status currently applicable to the members of the
European Union Monitoring Mission (EUMM) in Bosnia and Herzegovina,

— 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 (1) stating that non-EU European NATO members and other States which are
candidates for accession to the European Union as well as other non-EU OSCE Member States, currently providing
staff to IPTF, are invited to contribute to the EUPM,

— the agreement concluded on 4 October 2002 between the EU and Bosnia and Herzegovina on the activities of the

EUPM in Bosnia and Herzegovina (2), including provisions on the status of the EUPM personnel,

HAVE AGREED AS FOLLOWS:

Article 1

Framework

2.
Switzerland shall ensure that its personnel seconded to
the EUPM undertake their mission in conformity with the
provisions of Joint Action 2002/210/CFSP.

Switzerland shall associate itself with the provisions of Joint
Action 2002/210/CFSP on the European Union Police Mission
(EUPM) in Bosnia and Herzegovina including its Annex on the
mission statement for EUPM, adopted by the Council of the
European Union on 11 March 2002, in accordance with the
provisions stipulated in the following Articles.

Switzerland shall inform in due course the EUPM and the
3.
General Secretariat of the Council of the European Union of
any change to its contribution to the EUPM.

Article 2

Personnel seconded to the EUPM

Personnel

4.
seconded to the EUPM shall undergo an
extensive medical examination, vaccination and be certified
for duty by a competent authority from the
medically fit
Switzerland. A copy of this certification shall accompany the
personnel seconded to the EUPM.

1.
Switzerland shall contribute to the EUPM with four
seconded police officers. This personnel should be seconded
for a minimum of one year,
that
appropriate rotation of seconded personnel shall be ensured.

taking into account

(1) OJ L 70, 13.3.2002, p. 1.
(2) OJ L 293, 29.10.2002, p. 2.

5.
Switzerland shall bear the cost of sending the police
officers and/or the international civilian staff seconded by it,
including salaries, allowances, medical expenses, insurance and
travel expenses to and from Bosnia and Herzegovina.

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Article 3

Status of personnel seconded to the EUPM

A national contingent point of contact (NPCs) shall be
7.
appointed by Switzerland to represent its national contingent
in the mission. NPCs shall report
to the EUPM Head of
Mission/Police Commissioner on national matters and shall be
responsible for day-to-day contingent discipline.

Personnel seconded to the EUPM by Switzerland shall be
1.
covered, until 31 December 2002 under
the agreement
applicable to the EUPM planning team, and as of 1 January
2003 under the agreement concluded on 4 October 2002
between the European Union and Bosnia and Herzegovina on
the activities of the EUPM in Bosnia and Herzegovina.

2.
Switzerland shall be responsible for answering any claims
linked to the secondment of an EUPM staff member, from or
concerning the staff member. Switzerland shall be responsible
for bringing any action against a secondee.

The EUPM is an unarmed mission and as such has no

3.
rules of engagement.

4.
Seconded police officers shall work in their national
police uniforms. Berets and insignia shall be provided by the
EUPM.

The decision by the European Union to end the
8.
operation
consultation with
Switzerland, provided that this State is still contributing to the
EUPM at the date of termination of the mission.

be made

following

shall

Article 5

Classified information

Switzerland shall take appropriate measures to ensure that,
when EU classified information is handled by its personnel
seconded to the EUPM, this personnel respects the Council of
the European Union's security regulations, which are contained
in Council Decision 2001/264/EC (1).

Article 4

Chain of command

Article 6

Contributions to the running costs

1.
The contribution of Switzerland to the EUPM is without
prejudice to the decision-making autonomy of the Union. The
personnel seconded by Switzerland shall carry out his/her
duties and conduct himself/herself
in accordance with the
interests of the EUPM.

Switzerland shall contribute to the running costs of the
1.
EUPM an amount of EUR 25 000 per year. Switzerland shall
consider making additional contributions of a voluntary nature
to these running costs, taking into account its means and level
of participation.

All EUPM personnel

2.
command of their national authorities.

shall

remain under

the

full

2.
An arrangement shall be signed between the EUPM Head
of Mission/Police Commissioner and the relevant administrative
services of Switzerland on the contributions of Switzerland to
the running costs of EUPM. This arrangement shall include the
following provisions on:

3.
National authorities shall transfer operational command
(OPCOM) to the EUPM Head of Mission/Police Commissioner,
who shall exercise that command through a hierarchical
structure of command and control.

(a)

the concerned amount,
contributions of a voluntary nature, if any;

including the possible additional

The Head of Mission/Police Commissioner shall lead the

4.
EUPM and assume its day-to-day management.

(b) the arrangements for payment and management of

the

concerned amount;

5.
Switzerland shall have the same rights and obligations in
terms of day-to-day management of the operation as European
in
taking part
Union Member States
accordance with Article 8(2) of Joint Action 2002/210/CFSP.
This shall take place on the ground in the normal course of
the
police mission
headquarters.

in the operation,

including within

operation,

the

6.
The EUPM Head of Mission/Police Commissioner shall be
responsible for disciplinary control over mission personnel.
Where applicable, disciplinary action shall be exercised by the
national authority concerned.

(c)

the verification arrangements covering control and audit of
the concerned amount, where appropriate.

Switzerland shall formally communicate to the EUPM and
3.
to the General Secretariat of
the European
Union the total amount of its contribution to the running
costs by 15 November 2002 and thereafter by 1 November of
each year and shall conclude the financial arrangement by 15
December of each year.

the Council of

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

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The contributions of Switzerland to the running costs of
4.
the EUPM shall be deposited by 31 March of each year in the
bank account which shall be indicated to that State.

Article 8

Entry into force

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

Done at Brussels,
four copies.

,

in the English language in

For the European Union

For the Government of the Swiss
Confederation represented by the
Federal Department of Foreign
Affairs

Article 7

Non-compliance

Should one of the Participating 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 two
months' notice.