2003/222/CFSP: Council Decision 2003/222/CFSP of 21 March 2003 concerning the conclusion of the Agreement between the European Union and the Former Yugoslav Republic of Macedonia on the status of the European Union-led Forces (EUF) in the Former Yugoslav Republic of Macedonia
Date: 2003-03-21
Institutions: Council of the European Union
Subjects: North Macedonia, common foreign and security policy, military intervention, paramilitary force

29.3.2003

EN

Official Journal of the European Union

L 82/45

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL DECISION 2003/222/CFSP

of 21 March 2003

concerning the conclusion of the Agreement between the European Union and the Former Yugo-
slav Republic of Macedonia on the status of the European Union-led Forces (EUF) in the Former
Yugoslav Republic of Macedonia

THE COUNCIL OF THE EUROPEAN UNION,

The text of the Agreement is attached to this Decision.

Having regard to the Treaty on European Union, and in parti-
cular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1)

(2)

(3)

On 27 January 2003, the Council adopted Joint Action
2003/92/CFSP on the European Union military opera-
tion in the Former Yugoslav Republic of Macedonia
(FYROM) (1).

Article 12 of that Joint Action provides that the status of
the EU-led forces in FYROM shall be the subject of an
agreement with the Government of the Former Yugoslav
Republic of Macedonia to be concluded on the basis of
Article 24 of the Treaty on European Union.

Following the Council Decision of 27 February 2003
authorising the Presidency to open negotiations,
the
Presidency negotiated an agreement with FYROM on the
status of the EU-led forces in FYROM.

(4)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 2

The President of the Council is hereby authorised to designate
the person empowered to sign the Agreement in order to bind
the European Union.

Article 3

The Decision shall be published in the Official Journal of the
European Union.

Article 4

The Decision shall take effect on the day of its adoption.

Article 1

Done at Brussels, 21 March 2003.

The Agreement between the European Union and the Former
Yugoslav Republic of Macedonia (FYROM) on the status of the
European Union-led forces in FYROM is hereby approved on
behalf of the European Union.

For the Council

The President

G. PAPANDREOU

(1) OJ L 34, 11.2.2003, p. 26.

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ANNEX

AGREEMENT

between the European Union and the Former Yugoslav Republic of Macedonia on the status of the
European Union-led forces in the Former Yugoslav Republic of Macedonia

THE EUROPEAN UNION (hereinafter referred to as the EU),

on the one hand, and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA (hereinafter referred to as the Host Party),

on the other hand,

together hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the invitation of the President of the Host Party dated 17 January 2003, and the reply of the Secretary General/High

Representative for EU common foreign and security policy on 28 January,

— the letters of the President of the Host Party and of the Secretary General/High Representative,

— the adoption by the Council of the European Union on 27 January 2003 of Joint Action 2003/92/CFSP on the

European Union military operation in the Host Party,

— the signature on 9 April 2001 in Luxembourg of a Stabilisation and Association Agreement between the Host Party

and the European Communities and their Member States,

— the wish of the Host Party to promote stability, contributing to the further integration of the Host Party with the

European Union,

— the preparedness of the EU to further enhance, including through the use of instruments of the European security

and defence policy, efforts to support the rapprochement of the Host Party with the European Union,

— the shared desire that the Host Party be part of a region of peaceful, prosperous countries, cooperating closely with

each other and with a view to further integration with the European Union,

— that the purpose of the privileges and immunities as provided for in this Agreement are not to benefit individuals

but to ensure the efficient performance of the EU operation,

HAVE AGREED AS FOLLOWS:

Article 1

(e) ‘EUF Commander’ means the EU Force Commander at

Skopje;

Scope of application and definitions

1.
The provisions of the present Agreement shall apply to
the European Union-led forces and European Union-led forces
personnel.

The provisions of the present Agreement shall apply only

2.
in the territory of the Host Party.

For the purpose of this Agreement, the following defini-

3.
tions shall have the meanings hereunder assigned to them:

(a) ‘Government’ means the Government of the Host Party;

(b) ‘Territory’ means the territory of the Host Party;

(c) ‘European Union-led forces’ (EUF) means EU military head-
quarters and national units/elements contributing to the
operation, their assets and their means of transport;

(d) ‘Operation’ means the preparation, establishment, execution
and support of a mission consisting in contributing to a
stable, secure environment, in particular in the former crisis
areas;

(f) ‘EU military headquarters’ means military headquarters and
elements
the
authority of EU military commanders exercising the mili-
tary command and control of the operation;

thereof, whatever

location, under

their

(g) ‘national

elements/units’ means

elements
belonging to the Member States of the European Union
and other States participating in the operation;

units

and

(h) ‘EUF personnel’ means the civilian and military personnel
assigned to the EUF, present, except as otherwise provided
in the agreement, in the territory of the Host Party, with
the exception of personnel locally hired, including contrac-
tors;

(i) ‘Facilities’ means all premises and land required for the EUF,

as well as for accommodation of the EUF personnel;

(j) ‘Competent authorities’ means the authorities competent
according to the law of the Host Party to address specific
issues.

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Article 2

General provisions

EUF shall respect the laws and regulations of the Host Party
and shall refrain from any action or activity incompatible with
the impartial and international nature of the operation.

EUF shall notify the Government of the Host Party of the loca-
tion of its Headquarters, the name of the EUF Commander, and
the overall number of EUF personnel.

inform the
EUF shall regularly, and in a timely manner,
Government of the Host Party on the number, name, military
rank, and nationality of EUF personnel stationed in the territory
of the Host Party.

Article 3

Identification

1.
EUF personnel shall be identified by an EUF identification
card, which they are to carry with them at all times. The
Government of
the Host Party shall be provided with a
specimen of the EUF identification card.

2.
Vehicles and other means of transport of the EUF shall
carry a distinctive EUF identification marking, which shall be
notified to the relevant authorities of the Host Party.

EUF may display the flag of the European Union alone or

3.
together with the flag of the Host Party.

4.
EUF may display its markings such as coat of arms, title
and official symbols, on its premises, vehicles and transport
facilities. Uniforms of EUF personnel shall carry a distinctive
EUF emblem.

5.
The official nameplate on EUF premises shall appear in
the official language of the Host Party with identical character
size as the EUF appropriate language or languages.

EUF personnel shall be exempt from the regulations of
3.
the Host Party on the registration and control of aliens, but
shall not be considered as acquiring any right to permanent
residence or domicile in the territory of the Host Party.

4.
The EUF shall provide a certificate of exemption accom-
panied by an inventory for EUF assets and means of transport
entering,
transiting or exiting the Host Party territory in
support of the operation. They shall be exempt from any other
customs documentation as well as from any inspection. A copy
of the certificate shall be transmitted to the competent authori-
ties when entering or exiting the Host Party. The format of the
certificate shall be agreed between EUF and the competent
authorities of the Host Party.

5.
The EUF personnel may drive motor vehicles in the terri-
tory of the Host Party provided they have a valid national,
international or military driving licence. EUF shall provide the
Host Party with a list of the motor vehicles, including identifi-
cation data and number of registration plates, used by EUF on
the territory of the Host Party.

The Host Party shall guarantee to EUF and EUF personnel

6.
freedom of movement and travel in its territory.

Organised large movements of EUF personnel, equipment
7.
and vehicles through airports, or on railways or roads used for
general traffic within the territory of the Host Party shall be
previously announced to and coordinated with the Joint Coor-
dination Group set up pursuant to Article 13.

8.
For the purpose of the operation, EUF may use public
roads, bridges and airports without payment of duties, fees,
tolls, taxes and similar charges. The EUF shall not be exempt
from reasonable charges, under the same conditions as those
provided to the Host Party armed forces, for services requested
and received.

Article 5

Immunities and privileges of EUF

Article 4

1.
The premises and accommodations of the EUF shall be
inviolable. The agents of the Host Party shall not enter them,
except with the consent of the EUF Commander.

Border crossing, movement, and presence on the territory
of the Host Party

EUF personnel and EUF assets and means of transport
1.
shall cross the border of the Host Party at official border cross-
ings and via the international air corridors.

EUF personnel shall enter the territory of the Host Party
2.
only on the basis of the identification card issued pursuant to
Article 3 or, in the case of first entry, an individual or collective
movement order or a valid travel document. They shall be
exempt from passport and visa regulations and immigration
inspections on entering or leaving the territory of the Host
Party.

The premises and accommodations of

2.
their
furnishings and other assets thereon as well as their means of
transport shall be immune from search, requisition, attachment
or execution.

the EUF,

The archives and documents of the EUF shall be inviol-

3.
able at any time and wherever they may be.

Correspondence of

4.
the EUF shall be granted a status
equivalent to that of official correspondence granted under the
Vienna Convention on diplomatic relations dated 18 April
1961.

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For imported goods and services and in respect of its
5.
premises and accommodation, provided these are intended for
the purpose of the operation, EUF shall be exempt from all
national and communal dues and taxes and charges of similar
nature.

6.
For goods purchased and services contracted on the
domestic market, provided these are intended for the purpose
of the operation, EUF shall be reimbursed by the Host Party for
all national and communal dues and taxes, including VAT, and
charges of similar nature according to the laws of the Host
Party.

7.
The Host Party shall permit entry of and grant exemption
from all custom duties, taxes and related charges other than
charges for storage, cartage and similar services on articles for
the operation.

Article 9

Protection of the environment and cultural heritages

The EUF will,

in consultation with the Host Party and
1.
subject to the requirements of the operation, respect interna-
tional conventions and laws of the Host Party regarding the
protection of the environment (air, water, land), management
of waste, prevention of damaging noise, protection from radia-
tion (ionic and non-ionic), protection of nature, natural heri-
tages, protected natural heritages as well as regarding the
sustainable use of natural resources.

The EUF will,

in consultation with the Host Party and
2.
subject to the requirements of the operation, respect interna-
tional conventions and laws of the Host Party regarding the
protection of cultural heritages and cultural values.

Article 6

Immunities and privileges of EUF personnel

EUF personnel

shall be granted treatment,

including
1.
immunities and privileges, equivalent
to that of diplomatic
agents granted under the Vienna Convention on diplomatic
relations dated 18 April 1961.

EUF personnel has the right to purchase and/or import
2.
free of duty or other restrictions items required for their
personal use, and to export such items. For goods and services
purchased on the domestic market, the Host Party shall reim-
burse VAT and taxes according to the laws of the Host Party.

Article 7

Uniform and arms

The wearing of uniform will be subject to rules issued by

1.
the EUF Commander.

2. Military EUF personnel may carry arms and ammunitions
on condition that they are authorised to do so by their orders.

Article 8

Host Party Support and Contracting

The Host Party agrees, if requested, to assist the EUF in

1.
finding suitable facilities.

If required and available, facilities owned by the Host

2.
Party shall be provided free of charge.

3. Within its means and capabilities, the Host Party will
assist and support the preparation, establishment, execution
and support of the operation. The assistance and the support
from the Host Party to the operation shall be provided under
the same conditions as those provided to the Host Party armed
forces.

4.
EUF will endeavour, to the maximum extent possible, to
contract locally for services, goods, and personnel, subject to
the requirements of the operation.

Article 10

Deceased EUF personnel

1.
The EUF Commander shall have the right to take charge
of and make suitable arrangements for the repatriation of any
deceased EUF personnel, as well as that of the person's personal
property.

2.
Autopsy shall not be performed on deceased members of
the EUF without the agreement of the State concerned and the
the EUF and/or the State
presence of a representative of
concerned.

Article 11

Military police and mutual assistance

The EUF Commander may establish a military police unit in
order to maintain order on EUF facilities.

Outside these facilities, the military police unit may, in consul-
tation and cooperation with the military police or the police of
the Host Country, act to ensure the maintenance of good order
and discipline among EUF personnel.

Article 12

Communications

The EUF shall have the right to install and operate radio
1.
sending and receiving stations, as well as satellite systems, using
appropriate frequencies, subject to arrangements in Article 16.

The EUF shall enjoy the right to unrestricted communica-
2.
tion by radio (including satellite, mobile or hand-held radio),
telephone, telegraph, facsimile and other means, as well as the
the necessary means for maintaining such
right
communications within and between EUF facilities,
including
the laying of cables and ground lines for the purpose of the
operation in consultation with the Host Party.

to install

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Article 13

Claims for death, injury, damage or loss

1.
Claims arising out of activities in connection with civil
disturbances, protection of the EUF or which are incidental to
operational necessities shall not be the subject of any reimbur-
sement by Member States or other States participating in the
operation or by the operational financing mechanism set up by
decision of
the European Union dated 27
January 2003 in order to fund the common costs of the opera-
tion.

the Council of

2.
All other claims will be dealt with by a Joint Claims
Commission established by the Joint Coordination Group
referred to in Article 14, composed of representatives of the
EUF and the competent authorities of the Host Party. Settle-
ment of claims will occur after previous consent of the State
concerned or the mechanism.

Article 14

Liaison and disputes

1.
All issues arising in connection with the application of
this Agreement shall be discussed by a Joint Coordination
Group. This Group shall be composed of representatives of the
EUF and the competent authorities of the Host Party.

2.
Failing any prior settlement, disputes with regard to the
interpretation or application of the present Agreement shall be
settled between the Host Party and EU representatives by diplo-
matic means.

Article 15

Other provisions

1. Whenever the present Agreement refers to the immu-
nities, privileges, and rights of the EUF and the EUF personnel,
the Government of the Host Party shall be responsible for the
implementation and fulfilment of such immunities, privileges
and rights by the appropriate local authorities of the Host
Party.

Nothing in this Agreement

2.
shall be
construed to derogate from any rights that may attach with
respect to an EU Member State or any other State contributing
to EUF or their personnel, under other agreements.

intended or

is

3.
The Host Party accepts that, where appropriate, EUF may
receive assistance and support from NATO Forces and NATO
HQ Skopje whose establishment and status are defined in the
Exchange of Letters between the North Atlantic Treaty Organi-
sation and the Government of the Former Yugoslav Republic of
Macedonia dated 18 May 2001 regarding the status of HQ
KFOR REAR and KFOR personnel permanently stationed or
temporarily present in the territory of the Former Yugoslav

Republic of Macedonia, including where appropriate the use of
the official documents, forms and procedures agreed between
NATO/KFOR and the authorities of
the Former Yugoslav
Republic of Macedonia for such purposes.

Article 16

Implementing Arrangements

In order to implement this Agreement, operational, administra-
tive and technical matters will be dealt with in separate
arrangements to be concluded between the EUF Commander
and the administrative authorities of the Host Party. These
arrangements will cover, inter alia:

— status of local staff and contractors,

— visits of officials,

— communication and information systems,

including radio

communications system,

— coordination of information activities,

— exchange of information,

— medical services of all kinds, including dental services,

— protection of the environment (wildlife and nature),

— Host-nation support,

— procedures for addressing and settling claims,

— modalities and procedures

for

the Joint Coordination

Group,

— transport arrangements.

Article 17

Entry into force and termination

1.
This Agreement shall enter into force upon written notifi-
cation of the Parties that the internal requirements for the entry
into force have been complied with.

This Agreement may be amended on the basis of mutual

2.
written agreement between the Parties.

The Agreement shall remain in force until the final depar-

3.
ture of EUF or all national elements/units thereof.

4.
This Agreement may be denounced by written notifica-
tion to the other Party. The denunciation shall take effect 45
days after receipt by the other Party of the notification of
denunciation.

5.
Termination or denunciation of this Agreement shall not
affect any rights or obligations arising from the execution of
this Agreement prior to its termination or denunciation.

6.

This Agreement is done in two originals in English.

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Official Journal of the European Union

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A. Letter from the European Union

Skopje, 21 March 2003

Dear Sir,

I have the honour to propose that, if it is acceptable to your Government, this letter and your confirmation
shall together take the place of signature of the Agreement between the European Union and the Former
Yugoslav Republic of Macedonia on the status of the European Union-led forces in the Former Yugoslav
Republic of Macedonia.

The text of the aforementioned Agreement, herewith annexed, has been approved by decision of the
Council of the European Union on 21 March 2003.

This letter also constitutes the notification, on behalf of the European Union, in accordance with Article
17.1 of the Agreement.

Please accept, Sir, the assurance of my highest consideration.

For the European Union,

Alexis BROUHNS

EU Special Representative

B. Letter from the Former Yugoslav Republic of Macedonia

Skopje, 21 March 2003

Dear Sir,

On behalf of the Government of the Republic of Macedonia I have the honour to acknowledge receipt of
your letter of today's date regarding the signature of the Agreement between the Republic of Macedonia
and the European Union on the status of the European Union-led forces in the Republic of Macedonia,
together with the attached text of the Agreement.

I confirm the acceptance by the Government of the text of the Agreement, and consider this exchange of
Letters as equivalent of signature.

However, I declare that the Republic of Macedonia does not accept the denomination used for my country
in the abovementioned Agreement, having in mind that the constitutional name of my country is the
Republic of Macedonia.

Please accept, Sir, the assurances of my highest consideration.

State Secretary

Risto NIKOVSKI

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C. Letter from the European Union

Skopje, 21 March 2003

Dear Sir,

I have the honour to acknowledge receipt of your letter of today's date.

The European Union notes that the Exchange of Letters between the European Union and the Former
Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the
European Union and the former Yugoslav Republic of Macedonia on the status of the European Union-led
Forces in the former Yugoslav Republic of Macedonia, has been accomplished and that this cannot be inter-
preted as acceptance or recognition by the European Union in whatever form or content of a denomina-
tion other than the ‘Former Yugoslav Republic of Macedonia’.

Please accept, Sir, the assurance of my highest consideration.

For the European Union

Alexis BROUHNS

EU Special Representative