Agreement between the European Union and Ukraine on the participation of Ukraine in the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’)
Date: 2004-07-08
Institutions: European Union, Ukraine
Subjects: EU police mission, North Macedonia, Ukraine, agreement (EU), police cooperation

L 354/82

EN

Official Journal of the European Union

30.11.2004

between the European Union and Ukraine on the participation of Ukraine in the European Union
Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’)

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 adoption by the Council of the European Union on 29 September 2003 of Joint Action 2003/681/CFSP on the
European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’) (1), stating that
acceding States are invited and other third countries may be invited to contribute to EUPOL ‘Proxima’,

— the invitation to Ukraine to participate in EUPOL ‘Proxima’,

— the successful completion of the Force Generation process and the recommendation by the Police Head of Mission
and the Committee for Civilian Aspects of Crisis Management to agree on the participation of Ukraine in EUPOL
‘Proxima’,

— the decision by the Political and Security Committee of 10 February 2004 to accept the contribution of Ukraine to

EUPOL ‘Proxima’,

— the Agreement concluded on 11 December 2003 between the EU and the former Yugoslav Republic of Macedonia on
the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia (2), including provisions on
the status of the EUPOL ‘Proxima’ personnel,

HAVE AGREED AS FOLLOWS:

Article 1

Framework

1.
Ukraine shall associate itself with the provisions of Joint
Action 2003/681/CFSP on EUPOL ‘Proxima’ adopted by the
Council of the European Union on 29 September 2003, and
with any Joint Action or Decision by which the Council of the
European Union may decide to extend EUPOL ‘Proxima’.

The contribution of Ukraine to EUPOL ‘Proxima’
2.
without prejudice to the decision-making autonomy of
European Union.

is
the

Article 2

Status of personnel

Republic of Macedonia on the status and activities of EUPOL
‘Proxima’ in the former Yugoslav Republic of Macedonia.

2. Without prejudice to the Agreement between the EU and
the former Yugoslav Republic of Macedonia on the status and
activities of EUPOL ‘Proxima’ in the former Yugoslav Republic
of Macedonia, Ukraine shall exercise jurisdiction over
its
personnel participating in EUPOL ‘Proxima’.

Ukraine shall be responsible for answering any claims
3.
linked to the participation in EUPOL ‘Proxima’,
from or
concerning any of its personnel. Ukraine shall be responsible
for bringing any action,
in particular legal or disciplinary,
against any of its personnel.

The status of personnel seconded to EUPOL ‘Proxima’ by
1.
Ukraine shall be governed by the Agreement concluded on
11 December 2003 between the EU and the former Yugoslav

(1) OJ L 249, 1.10.2003, p. 66.
(2) OJ L 16, 23.1.2004, p. 65.

Ukraine shall waive all claims against any State partici-
4.
pating in EUPOL ‘Proxima’,
injury, death of Ukraine
for
personnel, or damage to, or loss of, any assets owned by
itself and used by EUPOL ‘Proxima’
if such injury, death,
damage or loss:

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— was caused by EUPOL ‘Proxima’ personnel in the execution
of their duties in connection with the operation, except in
case of gross negligence or wilful misconduct,

Personnel seconded to EUPOL ‘Proxima’ shall undergo a
3.
medical examination, vaccination and be certified medically fit
for duty by a competent authority from Ukraine. Personnel
seconded to EUPOL ‘Proxima’ shall produce a copy of this
certification.

— or arose from the use of any assets owned by States parti-
cipating in EUPOL ‘Proxima’, provided that the assets were
used in connection with the operation and except in case of
gross negligence or wilful misconduct of EUPOL ‘Proxima’
personnel using those assets.

The European Union Member States undertake to make a
5.
declaration as regards the waiver of claims, for participation of
Ukraine in EUPOL ‘Proxima’.

Seconded police officers shall work in their national police
4.
uniforms. Berets and insignia shall be provided by EUPOL
‘Proxima’.

Article 5

Chain of command

Article 3

Classified information

Personnel seconded by Ukraine shall carry out their duties
themselves solely with the interests of EUPOL

1.
and conduct
‘Proxima’ in mind.

1.
Ukraine shall take appropriate measures to ensure that EU
classified information is protected in accordance with the
European Union Council's security regulations, contained in
the Council Decision 2001/264/EC of 19 March 2001 (1), and
in accordance with further guidance issued by competent autho-
including by EUPOL ‘Proxima’ Head of Mission/Police
rities,
Commissioner.

All personnel shall remain under the full command of

2.
their national authorities.

2. Where the EU and Ukraine have concluded an agreement
on security procedures for the exchange of classified infor-
mation, the provisions of such an agreement shall apply in
the context of EUPOL ‘Proxima’.

National authorities shall

3.
transfer Operational Control
(OPCON) to EUPOL ‘Proxima’ Head of Mission/Police Commis-
sioner, who shall exercise that command and control through a
hierarchical structure of command and control.

Article 4

Personnel seconded to EUPOL ‘Proxima’

4.
shall
The Head of Mission/Police Commissioner
EUPOL ‘Proxima’ and assume its day-to-day management.

lead

Ukraine shall ensure that

1.
seconded to
EUPOL ‘Proxima’ undertake their mission in conformity with:

its personnel

— the provisions of

and
subsequent amendments as referred to in Article 1(1) of
this Agreement,

Joint Action 2003/681/CFSP

— the Operation Plan,

— implementing measures.

Ukraine shall have the same rights and obligations in
5.
terms of day-to-day management of
the operation as
European Union Member States taking part in the operation,
in accordance with Article 9, paragraph 4, of
Joint Action
2003/681/CFSP.

EUPOL ‘Proxima’ Head of Mission/Police Commissioner
6.
shall be responsible for disciplinary control over operation
personnel. Where required, disciplinary action shall be taken
by the national authority concerned.

Ukraine shall inform in due time EUPOL ‘Proxima’ Head
2.
of Mission/Police Commissioner and the General Secretariat of
the Council of the European Union of any change to its contri-
bution to EUPOL ‘Proxima’.

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

7.
A national Contingent Point of Contact (NPC) shall be
appointed by Ukraine to represent its national contingent in
the operation. NPCs shall report to the EUPOL ‘Proxima’ Head
of Mission/Police Commissioner on national matters and shall
be responsible for day-to-day contingent discipline.

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The decision to end the operation shall be taken by the
8.
European Union following consultation with Ukraine, provided
that this State is still contributing to EUPOL ‘Proxima’ at the
date of termination of the operation.

Article 6

Financial aspects

1.
Ukraine shall assume all the costs associated with its parti-
cipation in the operation apart from the costs, which are subject
to EU common funding, as set out in the operational budget of
the operation.

Article 7

Non-compliance

Should one of the 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 a notice of one
month.

Article 8

Dispute settlement

Disputes concerning the interpretation or application of this
Agreement shall be settled by diplomatic means between the
Parties.

2.
Ukraine shall consider making contributions of a voluntary
nature.

Article 9

Entry into force

In case of such contributions of a voluntary nature, an
3.
arrangement on the practical modalities of the payment shall be
signed between the EUPOL ‘Proxima’ Head of Mission/Police
Commissioner and the relevant administrative services of
Ukraine on the contributions of Ukraine to the operational
inter alia,
budget of EUPOL ‘Proxima’. This arrangement shall,
include the following provisions:

(a)

the amount concerned,

(b) the arrangements for payment of the financial contribution,

1.
This Agreement shall enter into force on the first day of
the first month after the Parties have notified each other of the
this
completion of
purpose.

the internal procedures necessary for

This Agreement shall be provisionally applied from the

2.
date of signature.

This Agreement may be amended on the basis of mutual

3.
written agreement between the Parties.

4.
This Agreement may be denounced by one Party by
written notice of denunciation given to the other Party. Such
denunciation shall take effect six months after receipt of noti-
fication by the other Party.

(c)

the auditing procedure.

Done at the Hague, on the eighth day of July 2004 in the
English language in four copies.

4.
In case of death, injury, loss or damage to natural or legal
persons from the Former Yugoslav Republic of Macedonia,
Ukraine shall, when its liability has been established, pay
compensation under the conditions foreseen in the agreement
on status of mission as referred to in Article 2(1) of
the
Agreement.

For the European Union

For Ukraine