2004/75/CFSP: Council Decision 2004/75/CFSP of 11 December 2003 concerning the conclusion 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 (EUPOL Proxima) in the Former Yugoslav Republic of Macedonia
Date: 2003-12-11
Institutions: Council of the European Union
Subjects: North Macedonia, cooperation agreement (EU), police cooperation

23.1.2004

EN

Official Journal of the European Union

L 16/65

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

COUNCIL DECISION 2004/75/CFSP

of 11 December 2003

concerning the conclusion 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
(EUPOL Proxima) in the Former Yugoslav Republic of Macedonia

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty on European Union, and in par-
ticular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1)

(2)

(3)

On 29 September 2003,
the Council adopted Joint
Action 2003/681/CFSP on the European Union Police
Mission in the Former Yugoslav Republic of Macedonia
(EUPOL Proxima) (1).

Article 13 of the Joint Action provides that the status of
EUPOL Proxima staff in the Former Yugoslav Republic
of Macedonia,
including where appropriate the privi-
immunities and further guarantees necessary for
leges,
the completion and smooth functioning of EUPOL
Proxima shall be agreed in accordance with the proce-
dure laid down in Article 24 of the Treaty on European
Union.

Following the Council Decision of 24 November 2003
authorising the Secretary General/High Representative,
assisting the Presidency,
to open negotiations on its
Secretary General/High Representative,
behalf,
assisting the Presidency, negotiated an agreement with
the Government of FYROM on the status and activities
of the European Union Police Mission (EUPOL Proxima)
in the Former Yugoslav Republic of Macedonia.

the

(4)

The agreement should be approved,

Article 1

The Agreement between the European Union and the Former
Yugoslav Republic of Macedonia (FYROM) on the status and
activities of
the European Union Police Mission (EUPOL
Proxima) in FYROM is hereby approved on behalf of the Euro-
pean Union.

The text of the Agreement is attached to this Decision.

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

This Decision shall be published in the Official Journal of Euro-
pean Union.

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

Article 4

Done at Brussels, 11 December 2003.

For the Council

The President

F. FRATTINI

(1) OJ L 249, 1.10.2003, p. 66.

L 16/66

EN

Official Journal of the European Union

23.1.2004

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.