Agreement between the Member States of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA)
Date: 2003-11-17
Institutions: Representatives of the Governments of the Member States
Subjects: EU Member State, agreement (EU), civilian personnel, common foreign and security policy, cooperation policy, forces abroad, military personnel, staff regulations (EU)

C 321/6

EN

Official Journal of the European Union

31.12.2003

COUNCIL

AGREEMENT

between the Member States of the European Union concerning the status of military and civilian
staff seconded to the institutions of the European Union, of the headquarters and forces which
may be made available to the European Union in the context of the preparation and execution of
the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of
the military and civilian staff of the Member States put at the disposal of the European Union to
act in this context

(EU SOFA)

(2003/C 321/02)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
STATES OF THE EUROPEAN UNION, MEETING WITHIN THE
COUNCIL,

1.

‘military staff’ shall mean:

Having regard to the Treaty on European Union (TEU), and in
particular Title V thereof;

Whereas:

(1) The European Council has decided,

the
Common Foreign and Security Policy (CFSP), to give the
EU the capabilities
required to take and implement
decisions on the full range of conflict prevention and
crisis management tasks defined in the TEU.

in pursuit of

(2) National decisions to send forces from Member States of
the European Union (hereinafter ‘Member States’) into the
territory of other Member States and to receive such forces
from Member States in the context of the preparation and
execution of the tasks referred to in Article 17(2) of the
TEU, including exercises, will be taken in accordance with
the provisions of Title V of the TEU, and in particular with
Article 23(1) thereof, and will be the subject of separate
arrangements between the Member States concerned.

(3) Specific agreements will have to be concluded with the
third countries concerned in the case of exercises or
the
operations
Member States.

taking place outside

territory of

the

(4) Under the provisions of this Agreement, the rights and
obligations of the parties under international agreements
and other
instruments establishing inter-
national tribunals, including the Rome Statute of the Inter-
national Criminal Court, will remain unaffected,

international

HAVE AGREED AS FOLLOWS:

PART I

PROVISIONS COMMON TO ALL MILITARY AND CIVILIAN
STAFF

Article 1

In this Agreement, the term:

(a) military personnel seconded by the Member States to
to

the General Secretariat of
form the European Union Military Staff (EUMS);

the Council

in order

(b) military personnel, other than personnel from the EU
institutions, who may be drawn upon by the EUMS
from the Member
to provide
temporary augmentation if requested by the European
Union Military Committee (EUMC), for activities in the
context of the preparation and execution of the tasks
referred to in Article 17(2) of
including
exercises;

in order

the TEU,

States

(c) military personnel

from the Member States who are
seconded to the headquarters and forces which may
be made available to the EU, or personnel thereof, in
the context of the preparation and execution of the
tasks referred to in Article 17(2) of the TEU, including
exercises;

‘civilian staff’ shall mean civilian personnel seconded by the
Member States to EU institutions for activities in the context
of the preparation and execution of the tasks referred to in
Article 17(2) of the TEU,
including exercises, or civilian
personnel, with the exception of locally hired personnel,
working with headquarters or forces or otherwise made
available to the EU by the Member States for the same
activities;

‘dependant’ shall mean any person defined or recognised as
a member of the family or designated as a member of the
household of the military or civilian staff member by the
laws of the sending State. Where, however, such laws regard
as a member of the family or a member of the household
only a person living under the same roof as the military or
civilian staff member,
this condition shall be considered
satisfied if the person in question is mainly dependent on
that person;

2.

3.

31.12.2003

EN

Official Journal of the European Union

C 321/7

4.

5.

‘force’ shall mean individuals belonging to, or entities made
up of, military staff and civilian staff as defined in
paragraphs 1 and 2, provided that
the Member States
concerned may agree
certain individuals, units,
formations or other entities are not to be regarded as consti-
tuting or included in a force for the purposes of
this
Agreement;

that

located within the
‘headquarters’ shall mean headquarters,
territory of the Member States, set up by one or several
Member States or by an international organisation, and
which may be made available to the EU in the context of
the preparation and execution of the tasks referred to in
Article 17(2) of the TEU, including exercises;

Article 5

Military staff, and any civilian staff concerned, shall wear
uniform in accordance with the regulations in force in the
sending State.

Article 6

Vehicles bearing a registration plate specific to the armed
forces or
the sending State shall
display, in addition to their registration number, a distinctive
nationality mark.

the administration of

6.

‘sending State’ shall mean the Member State to which the
military or civilian staff member or the force belongs;

PROVISIONS APPLICABLE ONLY TO MILITARY OR CIVILIAN
STAFF SECONDED TO THE EU INSTITUTIONS

PART II

7.

‘receiving State’ shall mean the Member State in the territory
of which the military or civilian staff member, the force or
the headquarters is located, whether stationed, deployed, or
passing in transit,
in connection with an individual or
collective mission order or order of secondment to the EU
institutions.

Article 2

1. Member States shall facilitate, if necessary, the entry, stay
and departure of staff referred to in Article 1 for purposes of
official business, and of their dependants. However, staff and
dependants may be required to provide evidence that they fall
within the categories described in Article 1.

2.
For this purpose, and without prejudice to the relevant
rules applicable to the free movement of persons under
Community law, an individual or collective movement order
or order of secondment to the EU institutions shall suffice.

Article 7

Military or civilian staff seconded to the EU institutions may
possess and carry arms in accordance with Article 13 when
they are working with headquarters or forces which may be
made available to the EU in the context of the preparation and
execution of the tasks referred to in Article 17(2) of the TEU,
including exercises, or when they participate in missions in
connection with such tasks.

Article 8

1. Military or civilian staff seconded to the EU institutions
shall enjoy immunity from legal process of any kind in respect
of words spoken or written, and of acts performed by them in
the exercise of their official
immunity shall
continue even after their secondment has ceased.

functions; that

2.
The immunity referred to in this Article shall be granted
in the interests of the EU, and not for the benefit of the staff
concerned.

Article 3

It is the duty of military and civilian staff as well as their
dependants to respect the law of the receiving State, and to
abstain from any activity inconsistent with the spirit of this
Agreement.

3.
Both the competent authority of the sending State and
the relevant EU institutions shall waive the immunity enjoyed
by military or civilian staff seconded to the EU institutions
where such immunity would impede the course of
justice
and where such competent authority and relevant EU insti-
tution may do so without prejudice to the interests of the
European Union.

Article 4

For the purposes of this Agreement:

1. Driving permits or licences issued by the military services of
the sending State shall be recognised in the territory of the
receiving State for comparable military vehicles.

2. Authorised personnel of any Member State may provide the
the forces and headquarters of any other

personnel of
Member State with medical and dental care.

The EU institutions shall cooperate at all times with the
4.
competent authorities of
to
facilitate the smooth administration of justice and shall take
action to prevent any abuse of the immunities granted under
this Article.

the Member States in order

Should a competent authority or a judicial body in a
5.
Member State consider that an abuse of an immunity granted
under this Article has occurred, the competent authority of the
sending State and the relevant EU institution shall, upon
request, consult the competent authority of the Member State
concerned to determine whether such abuse has occurred.

C 321/8

EN

Official Journal of the European Union

31.12.2003

If consultations fail to achieve a result satisfactory to both
6.
parties, the dispute shall be examined by the relevant EU insti-
tution with a view to reaching a settlement.

headquarters or other premises occupied exclusively by them.
The police of such units, formations or entities may take all
appropriate measures to ensure the maintenance of order and
security on such premises.

7.
If it is not possible to settle such a dispute, the detailed
arrangements for its settlement shall be adopted by the relevant
EU institution. As far as the Council is concerned, it shall adopt
such arrangements unanimously.

PART III

PROVISIONS APPLICABLE ONLY TO HEADQUARTERS AND
FORCES AND TO THE MILITARY AND CIVILIAN STAFF
WORKING WITH THEM

Article 9

In the context of the preparation and execution of the tasks
referred to in Article 17(2) of the TEU, including exercises, the
headquarters and forces, and personnel thereof, referred to in
Article 1 and their equipment shall be authorised to transit and
temporarily deploy within the territory of a Member State
subject to the agreement of the competent authorities of that
Member State.

Outside

the police

these premises,

2.
referred to in
paragraph 1 shall be employed only subject to arrangements
with the authorities of the receiving State and in liaison with
is
those authorities, and in so far as
necessary to maintain discipline
among the
members of the units, formations or entities.

such employment

and order

Article 13

1. Military staff may possess and carry service arms, on
condition that they are authorised to do so by their orders
and subject
the
receiving State.

to arrangements with the authorities of

2.
Civilian staff may possess and carry service arms, on
condition that they are authorised to do so under national
regulations of the sending State and subject to the agreement
of the authorities of the receiving State.

Article 10

Article 14

Military and civilian staff shall receive emergency medical and
same
including hospitalisation, under
dental
conditions as comparable personnel of the receiving State.

care,

the

Article 11

the authorities of

Subject to agreements and arrangements already in force or
which may, after the entry into force of this Agreement, be
entered into or made between the authorised representatives of
the sending and receiving States,
the
receiving State shall assume sole responsibility for making
suitable
to the units,
formations or other entities the buildings and grounds which
facilities and services connected
they require, as well as
therewith. These agreements and arrangements shall, as far as
possible, comply with the regulations governing the accom-
modation and billeting of similar units, formations or other
entities of the receiving State.

arrangements

to make

available

In the absence of a specific arrangement to the contrary, the
laws of the receiving State shall determine the rights and obli-
gations arising out of the occupation or use of the buildings,
grounds, facilities or services.

Article 12

The units, formations or entities normally made up of
1.
military or civilian staff shall have the right
to police, by
agreement with the receiving State, all camps, establishments,

Headquarters and forces shall benefit from the same post and
and
telecommunications
concessions with regard to fares, as
the
receiving State in accordance with the rules and regulations
of that State.

the forces of

travelling

facilities,

facilities

Article 15

The archives and other official documents of headquarters
1.
kept
in the
in premises used by those headquarters or
possession of any properly authorised member of the head-
quarters
shall be inviolable, unless the headquarters have
waived this immunity. The headquarters shall, at the request
of the receiving State and in the presence of a representative of
that State, verify the nature of any documents to confirm that
they are entitled to immunity under this Article.

Should a competent authority or a judicial body of the
the inviolability
the Council shall,
the
such an abuse has

2.
receiving State consider that an abuse of
conferred by this Article has occurred,
consult
upon request,
receiving State to determine whether
occurred.

competent authorities of

the

If consultations fail to achieve a result satisfactory to both
3.
the dispute shall be examined by the
parties concerned,
Council with a view to reaching a settlement.
is not
possible to settle such a dispute, the detailed arrangements
for its settlement shall be adopted by the Council unanimously.

If

it

31.12.2003

EN

Official Journal of the European Union

C 321/9

Article 16

With a view to avoiding double taxation, for the application of
double taxation Conventions concluded between Member
States and without prejudice to the right of
the receiving
State to tax military and civilian staff who are its nationals
or who are ordinarily resident in the receiving State:

1. Where the legal incidence of any form of taxation in the
receiving State depends upon residence or domicile, periods
during which military or civilian staff are in the territory of
that State by reason solely of their being military or civilian
staff shall not be considered as periods of residence therein,
or as creating a change of residence or domicile, for the
purposes of such taxation.

2. Military and civilian staff shall be exempt from taxation in
the receiving State on the salary and emoluments paid to
them as such staff by the sending State or on any tangible
movable property the presence of which in the receiving
State is due solely to their temporary presence there.

3. Nothing in this Article shall prevent taxation of military or
civilian staff with respect to any profitable enterprise, other
in which they may
than their employment as such staff,
engage in the receiving State, and, except as regards their
salary and emoluments and the tangible movable property
referred to in paragraph 2, nothing in this Article shall
prevent
taxation to which, even if regarded as having
the
their residence or domicile outside the territory of
receiving State, such staff are liable under the law of that
State.

4. Nothing in this Article shall apply to duty. ‘Duty’ shall mean
customs duties and all other duties and taxes payable on
importation or exportation, as the case may be, except dues
and taxes which are no more than charges for services
rendered.

Article 17

1.
The authorities of the sending State shall have the right
to exercise all criminal and disciplinary jurisdiction conferred
on them by the law of the sending State over military as well
as over civilian staff where those civilian staff are subject to the
law governing all or any of the armed forces of the sending
State, by reason of their deployment with those forces.

The authorities of the receiving State shall have the right
2.
to exercise jurisdiction over military and civilian staff and their
dependants, with respect
to offences committed within the
territory of the receiving State and punishable by the laws of
that State.

3.
The authorities of the sending State shall have the right
to exercise exclusive jurisdiction over military as well as over
civilian staff where those civilian staff are subject to the law

governing all or any of the armed forces of the sending State,
by reason of their deployment with those forces, with respect
to offences,
security,
punishable by the law of the sending State, but not by the
law of the receiving State.

including offences

relating to its

4.
The authorities of the receiving State shall have the right
to exercise exclusive jurisdiction over military and civilian staff
including
and their dependants with respect
offences relating to its security, punishable by its law but not
by the law of the sending State.

to offences,

For the purposes of paragraphs 3, 4 and 6, a security

5.
offence against a State shall include:

(a) treason against the State;

(b) sabotage, espionage or violation of any law relating to
that State, or secrets relating to the

official secrets of
national defence of that State.

In cases where the right

6.
concurrent the following rules shall apply:

to exercise jurisdiction is

(a) the competent authorities of the sending State shall have
the primary right to exercise jurisdiction over military as
well as over civilian staff where those civilian staff are
the armed
subject
forces of the sending State, by reason of their deployment
with those forces, in relation to:

to the law governing all or any of

(i) offences solely against the property or security of that
State, or offences solely against the person or property
of military or civilian staff of
that State or of a
dependant;

(ii) offences arising out of any act or omission done in the

performance of official duty;

(b) in the case of any other offence, the authorities of the
to exercise

receiving State shall have the primary right
jurisdiction;

(c)

if the State having the primary right decides not to exercise
jurisdiction, it shall notify the authorities of the other State
as soon as practicable. The authorities of the State having
the primary right shall give sympathetic consideration to a
request from the authorities of the other State for a waiver
of its right in cases where that other State considers such
waiver to be of particular importance.

7.
The provisions of this Article shall not imply any right
for the authorities of the sending State to exercise jurisdiction
over persons who are nationals of, or ordinarily resident in, the
receiving State, unless they are members of the force of the
sending State.

C 321/10

EN

Official Journal of the European Union

31.12.2003

Article 18

1.
Each Member State shall waive all its claims against any
other Member State for damage to any property owned by it
and used in connection with the preparation and execution of
including
the tasks referred to in Article 17(2) of the TEU,
exercises, if such damage:

(a) was caused by military or civilian staff from the other
Member State in the execution of their duties in connection
with the aforementioned tasks; or

(b) arose from the use of any vehicle, vessel or aircraft owned
by the other Member State and used by its services,
provided either that the vehicle, vessel or aircraft causing
the damage was used in connection with the aforemen-
tioned tasks, or that the damage was caused to property
being so used.

Claims for maritime salvage by a Member State against any
other Member State shall be waived, provided that the vessel
or cargo salvaged was owned by a Member State and being
used by its armed services in connection with the aforemen-
tioned tasks.

(a) claims shall be filed, considered and settled or adjudicated
in accordance with the laws and regulations of
the
receiving State with respect
to claims arising from the
activities of its own armed forces;

(b) the receiving State may settle any such claims, and
payment of the amount agreed upon or determined by
adjudication shall be made by the receiving State in its
currency;

(c) such payment, whether made pursuant to settlement or to
adjudication of the case by a competent tribunal of the
the final adjudication by such a
receiving State, or
tribunal denying payment, shall be binding and conclusive
upon the Member States concerned;

(d) every

the

receiving

claim paid by

shall be
communicated to the sending States concerned together
with full particulars and a proposed distribution in
conformity with subparagraph (e), points (i), (ii) and (iii).
In default of a reply within two months, the proposed
distribution shall be regarded as accepted;

State

2. (a) In the case of damage caused or arising as stated in
paragraph 1 with regard to other property owned by
a Member State and located in its territory, the issue of
the liability of any other Member State shall be
determined and the
shall be
assessed, unless the Member States concerned agree
otherwise, by negotiation between those Member States.

amount of damage

(e)

(b) However, each Member State shall waive its claim in any
such case where the damage is less than an amount to
the Council acting
be determined by a Decision of
unanimously.

Any other Member State whose property has been
damaged in the same incident shall also waive its
claim up to the abovementioned amount.

3.
For the purposes of paragraphs 1 and 2, the term ‘owned
by a Member State’ in the case of a vessel includes a vessel on
bare boat charter to that Member State or requisitioned by it
on bare boat terms or seized by it in prize, except to the extent
that the risk of loss or liability is borne by some entity other
than such Member State.

4.
Each Member State shall waive all its claims against any
other Member State for injury or death suffered by any military
or civilian staff of its services while such staff were engaged in
the performance of their official duties.

cost

incurred in satisfying

the
to
subparagraphs (a), (b), (c) and (d) and paragraph 2 shall
be distributed between the Member States, as follows:

claims pursuant

(i) where one sending State alone is responsible,

the
amount awarded or adjudged shall be distributed in
the proportion of 25 per cent chargeable to the
receiving State and 75 per cent chargeable to the
sending State;

(ii) where more than one State is responsible for the
the amount awarded or adjudged shall be
damage,
distributed equally among them; however,
the
receiving State is not one of the States responsible,
its contribution shall be half
the
sending States;

that of each of

if

(iii) where the damage was caused by the services of the
Member States and it is not possible to attribute it
specifically to one or more of
the
amount awarded or adjudged shall be distributed
concerned:
equally
however,
the
States by whose services the damage was caused, its
contribution shall be half that of each of the sending
States concerned;

the receiving State is not one of

those services,

among
if

the Member

States

5.
Claims (other than contractual claims and those to which
paragraphs 6 and 7 apply) arising out of acts or omissions of
military or civilian staff done in the performance of official
duty, or out of any other act, omission or occurrence for
which a force is legally responsible, and causing damage in
the territory of the receiving State to third parties, other than
any of the Member States, shall be dealt with by the receiving
State in accordance with the following provisions:

(iv) every half-year, a statement of the sums paid by the
receiving State in the course of the half-yearly period
in respect of every case regarding which the proposed
distribution on a percentage basis has been accepted,
shall be sent to the sending States concerned, together
with a request for reimbursement. Such reimbursement
shall be made within the shortest possible time, in the
currency of the receiving State;

31.12.2003

EN

Official Journal of the European Union

C 321/11

(f)

should the application of subparagraphs (b) and (e) cause a
Member State serious hardship,
it may request that the
other Member States concerned settle the matter by
negotiation between them on a basis of a different nature;

(g) military or civilian staff shall not be subject

to any
proceedings for the enforcement of any judgment given
against them in the receiving State in a matter arising
from the performance of their official duties;

(h) except

in so far as subparagraph (e) applies to claims
covered by paragraph 2, the provisions of this paragraph
shall not apply to any claim arising out of, or
in
connection with, the navigation or operation of a ship or
the loading, carriage or discharge of a cargo, other than
claims for death or personal injury to which paragraph 4
does not apply.

6.
Claims against military or civilian staff arising out of
tortious acts or omissions in the receiving State not done in
the performance of official duty shall be dealt with in the
following manner:

(a) the authorities of the receiving State shall consider the
claim and assess compensation to the claimant in a fair
and just manner, taking into account all the circumstances
of the case, including the conduct of the injured person,
and shall prepare a report on the matter;

(b) the report shall be delivered to the authorities of

the
sending State, who shall
then decide without delay
whether they will offer an ex gratia payment, and if so,
of what amount;

(c)

if an offer of ex gratia payment is made, and accepted by
the claimant in full satisfaction of his claim, the authorities
of the sending State shall make the payment themselves
and inform the authorities of the receiving State of their
decision and of the sum paid;

(d) nothing in this paragraph shall affect the jurisdiction of the
courts of the receiving State to entertain an action against
military or civilian staff unless and until there has been
payment in full satisfaction of the claim.

Claims arising out of the unauthorised use of any vehicle
7.
of
the services of a sending State shall be dealt with in
accordance with paragraph 6, except in so far as the unit,
formation or entity in question is legally responsible.

If a dispute arises as to whether a tortious act or omission
8.
of military or civilian staff was done in the performance of
official duty or as to whether the use of any vehicle of the
services of a sending State was unauthorised, the question shall
be
settled by negotiation between the Member States
concerned.

The sending State shall not claim immunity from the
9.
jurisdiction of the courts of the receiving State for military
or civilian staff
the
courts of the receiving State except to the extent provided in
paragraph 5(g).

jurisdiction of

in respect of

the civil

10.
The authorities of the sending State and of the receiving
State shall cooperate in the procurement of evidence for a fair
hearing and disposal of claims with regard to which the
Member States are concerned.

Any dispute relating to the settlement of claims which
11.
cannot be resolved by negotiations between the Member States
concerned shall be submitted to an arbitrator selected by
agreement between the Member States
concerned from
among the nationals of
the receiving State who hold, or
the Member States
have held, high judicial office.
concerned are unable within two months to agree upon an
arbitrator, each Member State concerned may request
the
President of the Court of Justice of the European Communities
to select a person with the aforesaid qualifications.

If

PART IV

FINAL PROVISIONS

Article 19

This Agreement shall be subject

to approval by the
1.
Member States in accordance with their respective constitu-
tional requirements.

2. Member States shall notify the Secretary-General of the
Council of
the
constitutional procedures for the approval of this Agreement.

the European Union of

the completion of

3.
This Agreement shall enter into force on the first day of
the second month following the notification by the last
Member
constitutional
procedures referred to in paragraph 2.

completion of

State of

the

its

as depository of

The Secretary-General of the Council of the European
4.
Union shall act
this Agreement. The
depository shall publish this Agreement in the Official Journal
of the European Union, as well as information about its entry
into force following the completion of
the constitutional
procedures referred to in paragraph 2.

5. (a) This Agreement shall be applicable only to the metro-

politan territory of the Member States.

(b) Any Member State may notify the Secretary-General of
the Council of the European Union that this Agreement
shall also apply to other territories for whose inter-
national relations it is responsible.

C 321/12

EN

Official Journal of the European Union

31.12.2003

6. (a) Provisions of parts I and III of this Agreement shall be
applicable only
and
to headquarters
personnel thereof, which may be made available to the
EU in the context of the preparation and execution of
the TEU,
the tasks referred to in Article 17(2) of
including exercises, in so far as the status of such head-
quarters or
is not
regulated by another agreement.

forces, and personnel

and forces,

thereof,

(b) Where the status of such headquarters and forces, and
personnel thereof,
is regulated by another agreement
and these headquarters and forces, and personnel
thereof, are acting in the abovementioned context
specific arrangements may be concluded between the
in
EU and the States or Organisations concerned,
order to agree which agreement shall be applicable to
the operation or exercise concerned.

(c) Where it has not been possible to conclude such specific
remain

arrangements,
applicable to the operation or exercise concerned.

the other Agreement

shall

7. Where third countries participate in activities to which
this Agreement is applicable, agreements or arrangements regu-
lating such participation may include a provision stating that
this Agreement is also applicable to those third countries in the
context of those activities.

8.
The provisions of this Agreement may be amended by
unanimous written agreement between the representatives of
the governments of the Member States of the European Union,
meeting within the Council.

Hecho en Bruselas, el diecisiete de noviembre de dos mil tres.

Udfærdiget i Bruxelles den syttende november to tusind og tre.

Geschehen zu Brüssel am siebzehnten November zweitausendunddrei.

Έγινε στις Βρυξέλλες, στις δέκα εφτά Νοεµβρίου δύο χιλιάδες τρία.

Done at Brussels on the seventeenth day of November in the year two thousand and three.

Fait à Bruxelles, le dix-sept novembre deux mille trois.

Fatto a Bruxelles, addi' diciassette novembre duemilatre.

Gedaan te Brussel, de zeventiende november tweeduizenddrie.

Feito em Bruxelas, em dezassete de Novembro de dois mil e três.

Tehty Brysselissä seitsemäntenätoista päivänä marraskuuta vuonna kaksituhattakolme.

Som skedde i Bryssel den sjuttonde november tjugohundratre.

31.12.2003

EN

Official Journal of the European Union

C 321/13

Pour le gouvernement du Royaume de Belgique
Voor de Regering van het Koninkrijk België
Für die Regierung des Königreichs Belgien

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

Για την Κυβέρνηση της Ελληνικής ∆ηµοκρατίας

Por el Gobierno del Reino de España

C 321/14

EN

Official Journal of the European Union

31.12.2003

Pour le gouvernement de la République française

Thar ceann Rialtas na hÉireann
For the Government of Ireland

Per il Governo della Repubblica italiana

Pour le gouvernement du Grand-Duché de Luxembourg

Voor de Regering van het Koninkrijk de Nederlanden

31.12.2003

EN

Official Journal of the European Union

C 321/15

Für die Regierung der Republik Österreich

Pelo Governo da República Portuguesa

Suomen hallituksen puolesta
På finska regeringens vägnar

På svenska regeringens vägnar

For the Government of the United Kingdom of Great Britain and Northern Ireland

C 321/16

EN

Official Journal of the European Union

31.12.2003

ANNEX

STATEMENTS

STATEMENT BY THE EU MEMBER STATES

After signature of this Agreement, Member States will make their best efforts to fulfil as soon as possible the
requirements of their own constitutional procedures, in order to allow a prompt entry into force of the Agreement.

STATEMENT BY DENMARK

When signing this Agreement, Denmark recalled the Protocol on the position of Denmark annexed to the Treaty on the
European Union and the Treaty establishing the European Community. Danish approval of the Agreement will take
place in observance of that Protocol, and any reservation or declaration which Denmark may have to make in this
connection shall be limited to the scope of part II of the said Protocol and shall in no way prevent the entry into force
of the Agreement and the full implementation of it by the other Member States.

STATEMENT BY IRELAND

Nothing in this Agreement, in particular Articles 2, 9, 11, 12, 13 and 17, shall authorise or require legislation or any
other action by Ireland which is prohibited by the Constitution of Ireland and, in particular, Article 15.6.2 thereof.

STATEMENT BY THE REPUBLIC OF AUSTRIA REGARDING ARTICLE 17 OF THE AGREEMENT

The acceptance of the jurisdiction by military authorities of the sending state in accordance with Article 17 of the
‘Agreement between the Member States of the European Union concerning the status of military and civilian staff on
secondment to the Military Staff of the European Union, of the headquarters and forces which may be made available to
the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the
Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the
disposal of the European Union to act in this context (EU SOFA)’ by Austria does not apply to the exercise, on the
territory of Austria, of jurisdiction by courts of a sending state.

STATEMENT BY SWEDEN

The Government of Sweden hereby declares that Article 17 of the present Agreement does not encompass a right for
the sending State to exercise jurisdiction within the territory of Sweden. In particular, the said provision does not confer
on the sending State the right to establish courts or to execute sentences within the territory of Sweden.

This does in no way affect the allocation of jurisdiction as between the sending and receiving State under Article 17.
Nor does it affect the right of a sending State to exercise such jurisdiction within its own territory after the return to the
sending State of the persons covered by Article 17.

Furthermore, this does not preclude that appropriate measures, which are immediately necessary to ensure the main-
tenance of order and security within the force, be taken by the military authorities of a sending State within the territory
of Sweden.