Agreement between the European Union and Ukraine on the participation of Ukraine in the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
Date: 2002-12-23
Institutions: European Union, Ukraine
Subjects: Bosnia and Herzegovina, EU police mission, Ukraine, agreement (EU), police cooperation

L 239/38

EN

Official Journal of the European Union

25.9.2003

between the European Union and Ukraine on the participation of Ukraine in the European Union
Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

AGREEMENT

THE EUROPEAN UNION,

on the one hand, and

UKRAINE,

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

Ukraine shall ensure that its personnel seconded to the
their mission in conformity with the

2.
EUPM undertake
provisions of Joint Action 2002/210/CFSP.

Ukraine 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.

Ukraine shall

3.
inform in due course the EUPM and the
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
medically fit for duty by a competent authority from Ukraine.
A copy of this certification shall accompany the personnel
seconded to the EUPM.

1.
Ukraine shall contribute to the EUPM with five seconded
police officers. This personnel should be seconded for a
minimum of one year, taking into account that appropriate
rotation of seconded personnel shall be ensured.

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

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

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Article 3

Status of personnel seconded to the EUPM

Personnel seconded to the EUPM by Ukraine 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.
Ukraine shall be responsible for answering any claims
linked to the secondment of an EUPM staff member, from or
concerning the staff member. Ukraine 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.

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

shall

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

Article 5

Classified information

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

this personnel respects the Council of

Article 4

Chain of command

Article 6

Contributions to the running costs

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

the
Ukraine shall contribute to the running costs of
1.
EUPM an amount of EUR 25 000 per year. Ukraine 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 Ukraine on the contributions of Ukraine to the
include the
running costs of EUPM. This arrangement shall
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.
Ukraine 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.

3.
Ukraine shall formally communicate to the EUPM and to
the General Secretariat of the Council 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.

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

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The contributions of Ukraine to the running costs of the
4.
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

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.

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

Done at Brussels,
four copies.

,

in the English language in

For the European Union

For Ukraine