Agreement between the European Union and the Kingdom of Norway on the participation of the Kingdom of Norway in the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’)
Date: 2004-09-09
Institutions: European Union, Norway
Subjects: EU police mission, North Macedonia, Norway, agreement (EU), police cooperation

L 354/86

EN

Official Journal of the European Union

30.11.2004

AGREEMENT

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

THE EUROPEAN UNION,

on the one hand, and

THE KINGDOM OF NORWAY,

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 Kingdom of Norway 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 Kingdom of
Norway in EUPOL ‘Proxima’,

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

of Norway 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 Kingdom of Norway shall associate itself with the
1.
provisions of
the 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 the Kingdom of Norway to EUPOL
2.
‘Proxima’ is without prejudice to the decision-making autonomy
of the European Union.

Article 2

Status of personnel

former Yugoslav 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,
the Kingdom of Norway shall exercise juris-
diction over its personnel participating in EUPOL ‘Proxima’.

The Kingdom of Norway shall be

3.
for
answering any claims linked to the participation in EUPOL
‘Proxima’,
its personnel. The
Kingdom of Norway shall be responsible for bringing any
action,
its
personnel.

in particular legal or disciplinary, against any of

from or concerning any of

responsible

The status of personnel seconded to EUPOL ‘Proxima’ by
1.
the Kingdom of Norway shall be governed by the agreement
concluded on 11 December 2003 between the EU and the

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

4.
The Kingdom of Norway shall waive all claims against any
State participating in EUPOL ‘Proxima’, for injury, death of the
Kingdom of Norway 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 354/87

— 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 Kingdom of Norway 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 Kingdom of
Norway.
shall
produce a copy of this certification.

seconded to EUPOL

‘Proxima’

Personnel

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

1.
Personnel seconded by the Kingdom of Norway shall carry
out their duties and conduct themselves solely with the interests
of EUPOL ‘Proxima’ in mind.

1.
The Kingdom of Norway 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 of 19
March 2001 (1), and in accordance with further guidance issued
by competent authorities, including by 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 Kingdom of Norway 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

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

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

— 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.

5.
The Kingdom of Norway 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(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.

The Kingdom of Norway shall inform in due time EUPOL
2.
‘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 Kingdom of Norway 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 354/88

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 Kingdom of
Norway, provided that this State is still contributing to EUPOL
‘Proxima’ at the date of termination of the operation.

Article 6

Financial aspects

1.
The Kingdom of Norway 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 Kingdom of Norway shall consider making contri-

2.
butions of a voluntary nature.

Article 9

Entry into force

3.
In case of such contributions of a voluntary nature, an
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
Kingdom of Norway on the contributions of the Kingdom of
Norway 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
Kingdom of Norway 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, 9 September 2004 in the English language in
four copies.

For the European Union

For the Kingdom of Norway