Agreement between the European Union and the Republic of Turkey on the participation of the Republic of Turkey in the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’)
Date: 2004-09-10
Institutions: European Union, Türkiye
Subjects: EU police mission, North Macedonia, Türkiye, agreement (EU), police cooperation

L 354/90

EN

Official Journal of the European Union

30.11.2004

between the European Union and the Republic of Turkey on the participation of the Republic of
Turkey 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 REPUBLIC OF TURKEY,

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 Republic of Turkey 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 Republic of Turkey
in EUPOL ‘Proxima’,

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

of Turkey 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 Republic of Turkey 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 Republic of Turkey to EUPOL
decision-making

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

the

to

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. 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 Republic of Turkey shall exercise jurisdiction
over its personnel participating in EUPOL ‘Proxima’.

Article 2

Status of personnel

The status of personnel seconded to EUPOL ‘Proxima’ by
1.
the Republic of Turkey shall be governed by the Agreement

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

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

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

— the provisions of

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

Joint Action 2003/681/CFSP

— the Operation Plan,

— 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,

— Implementing measures.

— 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 Republic of Turkey in EUPOL ‘Proxima’.

Article 3

Classified information

The Republic of Turkey shall take appropriate measures to
1.
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 (1), and in
accordance with further guidance issued by competent autho-
including by EUPOL ‘Proxima’ Head of Mission/Police
rities,
Commissioner.

The Republic of Turkey 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’.

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 Republic of Turkey.
Personnel seconded to EUPOL ‘Proxima’ shall produce a copy of
this certification.

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

Article 5

Chain of command

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

All personnel shall remain under the full command of

2.
their national authorities.

2. Where the EU and the Republic of Turkey have concluded
an agreement on security procedures for the exchange of clas-
sified information, 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’

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

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

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

lead

5.
The Republic of Turkey 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.

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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.

7.
A national contingent point of contact (NPC) shall be
appointed by the Republic of Turkey 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.

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

agreement on status of mission as referred to in Article 2(1) of
the Agreement.

Article 7

Non-compliance

Should one of the Parties fail to comply with its obligations laid
down in the Agreement, 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.

Article 6

Financial aspects

Article 9

Entry into force

1.
The Republic of Turkey 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.

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

the internal procedures necessary for

The Republic of Turkey shall consider making contri-

2.
butions of a voluntary nature.

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
Republic of Turkey on the contributions of the Republic of
Turkey to the operational budget of EUPOL ‘Proxima’. This
include the following provisions:
arrangement shall,

inter alia,

2.
This Agreement may be amended on the basis of mutual
written agreement between the Parties. The amendments shall
enter into force in accordance with the procedures provided for
in paragraph 1.

3.
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, on

(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
Republic of Turkey shall, when its liability has been established,
pay compensation under the conditions provided for in the

in four copies.

in the English language

For the European Union

For the Republic of Turkey