Agreement between the European Union and the Former Yugoslav Republic of Macedonia on the status and activities of the European Union Police Mission in the Former Yugoslav Republic of Macedonia (EUPOL Proxima)
Date: 2003-12-11
Institutions: European Union, North Macedonia
Subjects: EU police mission, North Macedonia, agreement (EU), police cooperation

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ANNEX

AGREEMENT

between the European Union and the Former Yugoslav Republic of Macedonia on the status and
activities of the European Union Police Mission in the Former Yugoslav Republic of Macedonia
(EUPOL Proxima)

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:

(a) the letter from Prime Minister Crvenkovski of the Host Party dated 16 September 2003, inviting the EU to launch
an advisory police mission and foreseeing an Agreement between the Government of the Host Party and the EU,

(b) the response of the Secretary General/High Representative dated 24 October 2003 accepting the invitation,

(c) the adoption by the Council of the European Union on 29 September 2003 of Joint Action 2003/681/CFSP on the

EU Police Mission in the Host Party,

(d) the duration of EUPOL Proxima shall be agreed between the Parties,

(e) that under the Police Mission, EU police experts will monitor, mentor and advise the Host Party's police,

(f) the Stabilisation and Association Agreement between the Host Party and the European Communities and their

Member States, signed on 9 April 2001, containing provisions on cooperation in Justice and Home Affairs,

(g) the positively evolving security situation in the Host Party and the contribution that the successful implementation

of the EU military operation in the Host Party (‘Concordia’) made thereto,

(h) the on-going activities of the Host Party, supported by the EU and the International Community, to strengthen the
rule of law, particularly to promote reform of the criminal justice system, and to take further action to prevent and
control organised crime and develop policing standards in accordance with internationally recognised standards,

(i) the shared ambition that the Host Party follow a successful path to ultimate membership in the EU,

(j) 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 Mission,

(k) that under the provisions of the present Agreement the rights and obligations of the Parties under international
agreements and other international instruments establishing international tribunals, including the Rome Statute of
the International Criminal Court, will remain unaffected,

HAVE AGREED AS FOLLOWS:

Article 1

For the purpose of the present Agreement, the following

2.
definitions shall apply:

Scope of application and definitions

1.
The provisions of the present Agreement and any obliga-
tion undertaken by the Host Party or any privilege, immunity,
facility or concession granted to the EUPOL Proxima or EUPOL
Proxima personnel shall apply in the territory of the Host Party
only.

(a) ‘EUPOL Proxima’ means the European Union Police Mission
in the Host Party established by the Council of the Euro-
pean Union in Joint Action 2003/681/CFSP dated 29
September 2003, including its components, forces, units,
headquarters and personnel deployed in the territory of the
Host Party and assigned to EUPOL Proxima.

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(b) ‘Head of Mission’ means

the Head of Mission/Police
Commissioner of EUPOL Proxima, appointed by the
Council of the European Union.

(c) ‘EUPOL Proxima personnel’ means the Head of Mission,
personnel seconded by EU Member States and non-EU
States invited by the EU to participate in EUPOL Proxima,
and international staff recruited on a contractual basis by
EUPOL Proxima deployed for the preparation, support and
include
implementation of
commercial contractors or local personnel.

the Mission, and shall not

(d) ‘Headquarters’ means the EUPOL Proxima main headquar-
ters in Skopje and local headquarters or duty stations at
any field locations.

(e) ‘Sending State’ means any EU Member State or non-EU
State that has seconded personnel to EUPOL Proxima.

(f) ‘Premises’ means all buildings, facilities and land required
for the conduct of the activities of EUPOL Proxima, as well
as for the accommodation of EUPOL Proxima personnel.

Article 2

General provisions

1.
EUPOL Proxima and EUPOL Proxima personnel shall
respect the laws and regulations of the Host Party, including
those regarding the protection of the environment, nature and
cultural heritage, and shall refrain from any action or activity
incompatible with the impartial and international nature of
their duties or inconsistent with the provisions of the present
Agreement.

2.
EUPOL Proxima shall be autonomous with regard to the
execution of its functions under the present Agreement. The
Host Party shall respect the unitary and international nature of
EUPOL Proxima.

The Head of Mission shall notify the Government of the

3.
Host Party of the location of its Headquarters.

inform the Government of

The Head of Mission shall regularly, and in a timely
4.
manner,
the
number, names, ranks (as appropriate), and nationalities of
EUPOL Proxima personnel stationed in the territory of the Host
Party,
to the
through the submission of a notification list
Ministry of Foreign Affairs of the Host Party.

the Host Party of

Article 3

Identification

1.
EUPOL Proxima personnel shall be provided with and
identified by an EUPOL Proxima identification card, which they
shall be obliged to carry with them at all times. The relevant
authorities of the Host Party shall be provided with a specimen
of an EUPOL Proxima identification card.

The Ministry of Foreign Affairs of the Host Party shall
2.
provide identity cards to EUPOL Proxima personnel in accord-
ance with their status as set down in Article 6 of the present
Agreement.

3.
Vehicles and other means of transport of EUPOL Proxima
shall bear distinctive EUPOL Proxima identification markings,
an example of which shall be provided to the relevant authori-
ties of the Host Party.

EUPOL Proxima shall be permitted to display the flag of
4.
the EU at
its main headquarters and elsewhere, alone or
together with the flag of the Host Party, as decided by the Head
of Mission. National flags or insignia of the constituent national
elements of the EUPOL Proxima may be displayed on EUPOL
Proxima premises, vehicles and uniforms, as decided by the
Head of Mission.

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

Article 4

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

1.
EUPOL Proxima personnel and EUPOL Proxima assets
and means of transport shall cross the border of the Host Party
at official border crossings and via the international air corri-
dors.

2.
The Host Party shall facilitate the entry into and the
the Host Party for EUPOL
departure from the territory of
Proxima and EUPOL Proxima personnel. Save for passport
control on entry into and departure from the territory of the
Host Party, EUPOL Proxima personnel, with proof of member-
ship of the Mission, shall be exempt from passport, visa and
immigration regulations and any form of immigration inspec-
tion.

EUPOL Proxima personnel shall be exempt from the regu-
3.
lations of the Host Party governing 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.

For EUPOL Proxima assets and means of

transport
4.
entering,
transiting or exiting the Host Party territory in
support of the Mission, EUPOL Proxima shall provide a certifi-
cate of exemption accompanied by an inventory. They shall be
exempt from any other customs documentation. A copy of the
certificate shall be transmitted to the competent authorities
when entering or exiting the Host Party. The format of the
certificate shall be agreed between EUPOL Proxima and the
competent authorities of the Host Party.

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Vehicles and aircraft used in support of the Mission shall
5.
not be subject to local licensing or registration requirements.
Relevant international standards and regulations shall continue
to apply.

6.
EUPOL Proxima personnel may drive motor vehicles in
the territory of the Host Party provided they have a valid
national driving licence. The Host Party shall accept as valid,
without tax or fee, driving licences or permits issued to EUPOL
Proxima.

7.
EUPOL Proxima and EUPOL Proxima personnel together
with their vehicles, aircraft or any other means of transport,
equipment and supplies shall enjoy free and unrestricted move-
ment throughout the territory of the Host Party, including its
airspace. If necessary, technical arrangements may be concluded
in accordance with Article 17 of the present Agreement.

For

the purpose of

8.
the Mission, EUPOL Proxima
personnel, and local personnel employed by EUPOL Proxima
when travelling on official duties, may use roads, bridges and
airports without payment of duties, fees, tolls, taxes or other
charges.

Article 5

Immunities and privileges of EUPOL Proxima

1.
EUPOL Proxima shall be granted the status equivalent to
that of a diplomatic mission under the Vienna Convention on
Diplomatic Relations dated 18 April 1961.

2.
The EU Mission, its property, funds and assets shall enjoy
immunity from the criminal, civil, and administrative jurisdic-
tion of the Host Party, in accordance with the Vienna Conven-
tion on Diplomatic Relations.

3.
The premises of EUPOL Proxima shall be inviolable. At
no time shall the agents of the Host Party enter them, except
with the consent of the Head of Mission.

4.
The premises of EUPOL Proxima, their furnishings and
other assets thereon as well as their means of transport shall be
immune from search, requisition, attachment or execution.

The archives and documents of EUPOL Proxima shall be

5.
inviolable at all times.

Correspondence of EUPOL Proxima shall be granted a
6.
status equivalent
to that of official correspondence granted
under the Vienna Convention on Diplomatic Relations dated
18 April 1961.

For goods purchased and services contracted on the
8.
domestic market, provided these are intended for the purpose
of the Mission, EUPOL Proxima shall be either exempt from or
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.

9.
The Host Party shall permit entry of articles for the
Mission and grant exemption from all custom duties, taxes and
related charges other than charges for storage, cartage and
similar services.

Article 6

Immunities and privileges of EUPOL Proxima personnel

1.
EUPOL Proxima personnel, with the exception of admin-
istrative and technical staff, shall be granted all privileges and
immunities 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 States shall have priority of jurisdiction. These privi-
leges and immunities shall be granted to this EUPOL Proxima
personnel during their mission, and thereafter, with respect to
official acts previously performed in the exercise of
their
mission.

2.
EUPOL Proxima's administrative and technical staff shall
enjoy a status equivalent of that enjoyed, in accordance with
the Vienna Convention on Diplomatic Relations, by administra-
tive and technical staff from Sending States employed in diplo-
matic missions. The privileges and immunities shall be granted
to EUPOL Proxima's administrative and technical staff during
their mission, and thereafter, with respect
to official acts
previously performed in the exercise of their mission.

3.
The EU Secretary General/High Representative shall, with
the explicit consent of the competent authority of the Sending
immunity enjoyed by EUPOL Proxima
State, waive
personnel where such immunity would impede the course of
justice and it can be waived without prejudice to the interests
of the EU.

the

4.
EUPOL Proxima personnel shall have the right to import
free of duty or other restrictions items required for their
personal use, and to export such items. EUPOL Proxima
personnel, excluding administrative and technical personnel,
shall have the right to purchase free of duty or other restric-
tions items required for their personal use, and to export such
for goods and services purchased on the domestic
items;
market,
reimburse VAT and taxes
according to the laws of the Host Party.

the Host Party shall

7.
For imported goods and services and in respect of its
premises, provided these are intended for the purpose of the
Mission, EUPOL Proxima shall be exempt from all national and
communal dues, taxes or charges of similar nature.

5.
EUPOL Proxima personnel shall be exempt from dues and
taxes in the Host Party on the emoluments and salaries they
receive by reason of their employment.

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Where the incidence of any form of taxation depends upon
residence, periods during which personnel seconded to EUPOL
Proxima and international staff recruited on a contractual basis
by the EU Mission are present
in the Host Party for the
discharge of their duties shall not be considered as periods of
residence.

Article 9

Uniform and arms

EUPOL Proxima personnel shall wear national uniform or

1.
civilian dress with distinctive EUPOL Proxima identification.

Article 7

The wearing of uniform shall be subject to rules issued by

2.
the Head of Mission.

Local personnel employed by EUPOL Proxima

Local personnel employed by EUPOL Proxima who are
nationals of or permanently resident in the Host Party shall
enjoy a status equivalent to that enjoyed, in accordance with
the Vienna Convention on Diplomatic Relations, by locally
employed staff in diplomatic missions in the Host Party.

Article 8

Security

1.
The Host Party, through its own capabilities, shall assume
full responsibility for the security of EUPOL Proxima personnel.

To that end,

take all necessary
the Host Party shall
2.
measures for the protection, safety and security of EUPOL
Proxima and EUPOL Proxima personnel. Any specific provi-
sions, proposed by the Host Party, shall be agreed with the
Head of Mission before implementation. The Host Party shall
permit and support free of any charge activities relating to the
medical evacuation of EUPOL Proxima personnel. If required,
supplementary arrangements as referred to in Article 17 shall
be concluded.

3.
EUPOL Proxima shall have the right to establish, within
the Mission, an armed protection element consisting of around
30 police officers, whose task is to provide an incident manage-
ment capacity for exceptional cases in order to ensure the
protection and possible rescue of EUPOL Proxima personnel
and personnel
locally employed by the Mission, as well as
EUMM or OSCE personnel.

The abovementioned armed protection element shall have
4.
the right to use all means,
including weapons, necessary to
perform its tasks in accordance with specific rules to be deter-
mined by the EU. It shall not have an executive policing role.

The Host Party hereby permits

5.
the abovementioned
armed protection element to operate throughout its territory in
accordance with the provisions of the present Article.

6.
Technical arrangements, as referred to in Article 17,
between the Head of Mission and the relevant administrative
authorities of the Host Party shall be drafted in order to agree
on practical modalities for the activities of the abovementioned
armed protection element.

3. When authorised to do so by their orders, members of
the EUPOL Proxima armed protection element may carry arms
and ammunitions.

Article 10

Cooperation and access to information

The Host Party shall provide full cooperation and support

1.
to EU Proxima and EU Proxima personnel.

If requested and necessary for the accomplishment of the

2.
EUPOL Proxima mission, the Host Party shall provide:

— effective access to EUPOL Proxima personnel to buildings,
facilities, locations and official vehicles within the control of
the Host Party;

— EUPOL Proxima personnel with effective access to docu-
ments, materials and information within its control relevant
to the mandate of the EUPOL Mission.

The Head of Mission and the Host Party shall consult
3.
regularly and take appropriate measures to ensure close and
reciprocal
liaison at every appropriate level. The Host Party
may appoint a liaison officer to EUPOL Proxima.

Article 11

Host Party support and contracting

The Host Party agrees, if requested by EUPOL Proxima, to

1.
assist in finding suitable premises.

If required and available, premises 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 Mission. The assistance and the support
from the Host Party to the Mission shall be provided under the
same conditions as those provided to the Host Party police
forces.

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

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Article 12

Deceased EUPOL Proxima personnel

Article 15

Disputes

1.
The Head of Mission shall have the right to take charge
of and make suitable arrangements for the repatriation of any
deceased EUPOL Proxima personnel, as well as any personal
property belonging to the deceased.

2.
Autopsies shall not be performed on deceased members
of the EUPOL Proxima without the agreement of the Sending
State or, in the case of international staff, the State of his/her
nationality, and the presence of a representative of EUPOL
Proxima and/or the State concerned.

Article 13

Communications

1.
EUPOL Proxima shall have the right to install and operate
radio sending and receiving stations, as well as satellite systems,
using appropriate frequencies, subject to arrangements to be
concluded in accordance with Article 17 of the present Agree-
ment.

EUPOL Proxima shall enjoy the right

to unrestricted
2.
communication by radio (including satellite, mobile or hand-
held radio), telephone, telegraph, facsimile and other means, as
well as the right to install, for the purpose of the Mission, the
necessary means for maintaining such communications within
and between EUPOL Proxima facilities, including the laying of
cables and ground lines, in accordance with the regulations of
the Host Party.

Article 14

Claims for death, injury, damage or loss

1.
The Member States, other States participating in EUPOL
Proxima, or EU Institutions, shall not be obliged to reimburse
claims arising out of activities in connection with civil distur-
bances, protection of the EU Mission or its personnel, or which
are incidental to operational necessities.

2.
Any other claim of a civil law character, including claims
of personnel locally employed by EUPOL Proxima, to which
the Mission or any member thereof is a party and over which
the courts of the Host Party do not have jurisdiction because of
any provision of the present Agreement, shall be submitted
through the authorities of
the Host Party to the Head of
Mission and shall be dealt with by separate arrangements, as
referred to in Article 17, whereby procedures for settling claims
and for addressing claims shall be established. Settlement of
claims will occur after previous consent of the State concerned.

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
EUPOL Proxima 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 16

Other provisions

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

Nothing in the present Agreement is intended or shall be
2.
construed to derogate from any rights that may attach with
respect to an EU Member State or any other State contributing
to EUPOL Proxima or their personnel under other agreements.

Article 17

Supplementary arrangements

The Head of Mission and the administrative authorities of the
Host Party shall conclude such supplementary arrangements as
may be necessary to implement the present Agreement.

Article 18

Entry into force and termination

The present Agreement

1.
into force upon
written notification of the Parties that the internal requirements
for the entry into force have been complied with.

shall enter

The present Agreement may be amended on the basis of

2.
mutual written agreement between the Parties.

The present Agreement shall remain in force until the

3.
final departure of EUPOL Proxima or all personnel thereof.

4.
The present Agreement may be denounced by written
notification to the other Party. The denunciation shall take
effect 60 days after receipt by the other Party of the notification
of denunciation.

5.
Termination or denunciation of the present Agreement
shall not affect any rights or obligations arising from the execu-
the present Agreement prior to its termination or
tion of
denunciation.

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A. Letter from the European Union

Skopje, 11 December 2003

The Government of the former Yugoslav Republic of Macedonia

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 and activities of the European Union Police Mission in the
former Yugoslav Republic of Macedonia (EUPOL Proxima).

The text of the aforementioned Agreement, herewith annexed, has been approved by decision of the
Council of the European Union on 11 December 2003.

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

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

For the European Union

Alexis BROUHNS

EU Special Representative

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B. Letter from the Former Yugoslav Republic of Macedonia

(courtesy translation)

Skopje, December 11, 2003

Dear Sir,

On behalf of the Government of the Republic of Macedonia I have the honor 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 and activities of the European Union Police Mission in the Republic
of Macedonia (EUPOL Proxima), together with the attached text of the Agreement.

I 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.

Igor DZUNDEV

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C. Letter from the European Union

Skopje, 11 December 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 Euro-
pean Union and the former Yugoslav Republic of Macedonia on the status and activities of the European
Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL Proxima), has been accom-
plished and that this cannot be interpreted as acceptance or recognition by the European Union in what-
ever form or content of a denomination 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