Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union police mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’)
Date: 2004-07-14
Institutions: European Union, Switzerland
Subjects: EU police mission, North Macedonia, Switzerland, agreement (EU), police cooperation

L 354/78

EN

Official Journal of the European Union

30.11.2004

between the European Union and the Swiss Confederation on the participation of the Swiss
Confederation in the European Union police mission in the former Yugoslav Republic of
Macedonia (EUPOL ‘Proxima’)

AGREEMENT

THE EUROPEAN UNION,

on the one hand, and

THE SWISS CONFEDERATION,

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 States may be invited to contribute to EUPOL ‘Proxima’,

— the invitation to the Swiss Confederation 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 the Swiss Confederation
in EUPOL ‘Proxima’,

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

Confederation 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

The Swiss Confederation shall associate itself with the
1.
the Joint Action 2003/681/CFSP on EUPOL
provisions of
‘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’.

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, the Swiss Confederation shall exercise jurisdiction
over its personnel participating in EUPOL ‘Proxima’.

The contribution of the Swiss Confederation to EUPOL
decision-making

2.
‘Proxima’
prejudice
is without
autonomy of the European Union.

the

to

Article 2

Status of personnel

The status of personnel seconded to EUPOL ‘Proxima’ by
1.
the Swiss Confederation shall be governed by the agreement
concluded on 11 December 2003 between the EU and the
former Yugoslav Republic of Macedonia on the status and

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

The

Swiss Confederation shall be

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

responsible

4.
The Swiss Confederation shall waive all claims against any
State participating in EUPOL ‘Proxima’, for injury, death of the
Swiss Confederation personnel, or damage to, or loss of, any
assets owned by itself and used by EUPOL ‘Proxima’
if such
injury, death, damage or loss:

30.11.2004

EN

Official Journal of the European Union

L 354/79

— 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,

— 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.

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

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

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 the Swiss Confederation shall carry
1.
out their duties and conduct themselves solely with the interests
of EUPOL ‘Proxima’ in mind.

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

All personnel shall remain under the full command of

2.
their national authorities.

2. Where
the EU and the Swiss Confederation have
the
concluded an agreement on security procedures
exchange of classified information, the provisions of such an
agreement shall apply in the context of EUPOL ‘Proxima’.

for

National authorities shall

transfer Operational Control
3.
to the EUPOL ‘Proxima’ Head of Mission/Police
(OPCON)
Commissioner, 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

The Swiss Confederation shall ensure that its personnel
1.
seconded to EUPOL ‘Proxima’ undertake their mission in
conformity with:

— the provisions of

the Joint Action 2003/681/CFSP and
subsequent amendments as referred to in Article 1(1) of
this Agreement,

5.
The Swiss Confederation shall have the same rights and
obligations in 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 the Joint Action
2003/681/CFSP.

— the Operation Plan,

— implementing measures.

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

responsible

shall be

The Swiss Confederation shall

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

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

A national Contingent Point of Contact (NPC) shall be
7.
appointed by the Swiss Confederation 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.

L 354/80

EN

Official Journal of the European Union

30.11.2004

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

Article 6

Financial aspects

1.
The Swiss Confederation shall assume all the costs asso-
ciated with its participation 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.

The Swiss Confederation shall consider making contri-

2.
butions 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 the
Swiss Confederation on the contributions of the Swiss Confed-
eration to the operational budget of EUPOL ‘Proxima’. This
include the following provisions:
arrangement shall,

inter alia,

(a)

the amount concerned;

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

(c)

the auditing procedure.

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

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.

Done at Brussels,

in the English language in four copies.

For the European Union

For the Swiss Confederation