Agreement between the European Union and Georgia on the status and activities of the European Union Rule of Law Mission in Georgia, EUJUST THEMIS
Date: 2004-12-03
Institutions: European Union, Georgia
Subjects: EU programme, Georgia, agreement (EU), international affairs, rule of law, the EU's international role

L 389/42

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Official Journal of the European Union

30.12.2004

between the European Union and Georgia on the status and activities of the European Union Rule
of Law Mission in Georgia, EUJUST THEMIS

AGREEMENT

THE EUROPEAN UNION, hereinafter referred to as the ‘EU’,

on the one hand, and

GEORGIA, hereinafter referred to as the ‘Host Party’,

on the other hand,

together hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

(1)

(2)

(3)

(4)

(5)

(6)

the letter from Prime Minister Zhvania of the Host Party dated 3 June 2004, inviting the EU to launch a Rule of
Law Mission and foreseeing appropriate arrangements between the Government of the Host Party and the EU,

the response of the Secretary-General/High Representative for the Common Foreign and Security Policy dated 30
June 2004 accepting the invitation,

the adoption by the Council of the European Union on 28 June 2004 of Joint Action 2004/523/CFSP on the EU
Rule of Law Mission EUJUST THEMIS in the Host Party,

the duration of EUJUST THEMIS, anticipated to last 12 months,

the Partnership and Cooperation Agreement between the Host Party and the European Communities and their
Member States, signed on 22 April 1996, containing provisions on cooperation on matters relating to democracy,
rule of law and human rights and fundamental freedoms,

that the purpose of the privileges and immunities as provided for in this Agreement is not to benefit individuals
but to ensure the efficient performance of the EU Mission,

HAVE AGREED AS FOLLOWS:

Article 1

Scope of application and definitions

personnel deployed in the territory of the Host Party and
assigned to EUJUST THEMIS;

The provisions of

this Agreement and any obligation
1.
undertaken by the Host Party or any privilege,
immunity,
facility or concession granted to EUJUST THEMIS or EUJUST
THEMIS personnel shall apply in the territory of the Host Party
only.

For the purpose of this Agreement, the following defi-

2.
nitions shall apply:

(b) ‘Head of Mission’ means the Head of Mission of EUJUST
THEMIS, appointed by the Council of the European Union;

(c)

‘EUJUST THEMIS personnel’ means the Head of Mission,
personnel seconded by EU Member States and EU insti-
tutions, and international staff recruited on a contractual
basis by EUJUST THEMIS deployed for the preparation,
support and implementation of the Mission, and shall not
include commercial contractors or local personnel;

(a)

‘EUJUST THEMIS’ means the European Union Rule of Law
Mission in the Host Party established by the Council of the
European Union in Joint Action 2004/523/CFSP dated 28
including its components, headquarters and
June 2004,

(d) ‘Headquarters’ means
quarters in Tbilisi;

the EUJUST THEMIS main head-

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(e)

‘Sending State’ means any EU Member State that has
seconded personnel to EUJUST THEMIS;

(f)

‘Premises’ means all buildings, facilities and land required for
the conduct of the activities of EUJUST THEMIS, as well as
for the accommodation of EUJUST THEMIS personnel.

Article 4

Border crossing, movement and presence on the territory
of the host party

EUJUST THEMIS personnel and EUJUST THEMIS assets
1.
and means of transport shall cross the border of the Host
Party at official border crossings and via the international air
corridors.

Article 2

General provisions

1.
EUJUST THEMIS and EUJUST THEMIS personnel shall
respect the laws and regulations of the Host Party and shall
refrain from any action or activity incompatible with the
impartial and international nature of their duties or inconsistent
with the provisions of this Agreement.

facilitate the entry into and the
2.
The Host Party shall
departure from the territory of
the Host Party for EUJUST
THEMIS and EUJUST THEMIS personnel. Except for passport
control on entry into and departure from the territory of the
Host Party, EUJUST THEMIS personnel, with diplomatic cards,
shall be exempt from passport, visa and immigration regulations
and any form of immigration inspection.

EUJUST THEMIS shall be autonomous with regard to the
2.
execution of its functions under this Agreement. The Host Party
shall respect the unitary and international nature of EUJUST
THEMIS.

EUJUST THEMIS personnel shall be exempt

from the
3.
regulations of the Host Party governing the registration and
control of aliens, but shall not be considered as acquiring any
right to permanent residence or domicile in the territory of the
Host Party.

The Head of Mission shall notify the Government of the

3.
Host Party of the location of its Headquarters.

inform the Government of
and nationalities
names,

4.
The Head of Mission shall regularly, and in a timely
manner,
the
EUJUST THEMIS
number,
personnel stationed in the territory of the Host Party, through
the submission of a notification list to the Ministry of Foreign
Affairs of the Host Party.

the Host Party of
of

Article 3

Identification

1.
EUJUST THEMIS personnel shall be provided with and
identified by a EUJUST THEMIS identification card, which
they shall be obliged to carry with them at all
times. The
relevant authorities of the Host Party shall be provided with a
specimen of a EUJUST THEMIS identification card.

The Ministry of Foreign Affairs of the Host Party shall
in

2.
provide diplomatic cards to EUJUST THEMIS personnel
accordance with their status as set down in Article 6.

EUJUST THEMIS shall be permitted to display the flag of
3.
the EU at
its main headquarters and elsewhere, alone or
together with the flag of the Host Party, as decided by the
Head of Mission.

For EUJUST THEMIS assets and means of

transport
4.
transiting or exiting the Host Party territory in
entering,
support of the Mission, EUJUST THEMIS shall provide a certi-
ficate of exemption accompanied by an inventory. They shall be
exempt from any other customs documentation. A copy of the
certificate shall be transmitted to the competent authorities
when entering or exiting the Host Party. The format of the
certificate shall be agreed between EUJUST THEMIS and the
competent authorities of the Host Party.

As to the licensing and registration requirements for
5.
vehicles and aircraft
if required,
supplementary arrangements as referred to in Article 16 shall
be concluded.

in support of

the Mission,

EUJUST THEMIS personnel may drive motor vehicles in
6.
the territory of
the Host Party provided they have a valid
national driving licence. The Host Party shall accept as valid,
without tax or fee, driving licences or permits issued to EUJUST
THEMIS.

EUJUST THEMIS and EUJUST THEMIS personnel together
7.
with their vehicles, aircraft or any other means of transport,
shall enjoy free and unrestricted
equipment and supplies
the Host Party,
movement
throughout
including its airspace.
technical arrangements
may be concluded in accordance with Article 16.

the
If necessary,

territory of

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Official Journal of the European Union

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For

the purpose of

the Mission, EUJUST THEMIS
8.
personnel, and local personnel employed by EUJUST THEMIS
when travelling on official duties, may use roads, bridges and
airports without payment of duties, fees, tolls, taxes or other
for specific
charges, other than such as represent payment
services rendered.

Article 5

Immunities and privileges of EUJUST THEMIS

EUJUST THEMIS shall be granted the status equivalent to
1.
that of a diplomatic mission under the Vienna Convention on
Diplomatic Relations of 18 April 1961, hereafter referred to as
‘the Vienna Convention’.

2.
EUJUST THEMIS, its property, funds and assets shall enjoy
immunity from the criminal, civil and administrative jurisdiction
of the Host Party, in accordance with the Vienna Convention.

The premises of EUJUST THEMIS shall be inviolable. At
3.
no time shall the agents of the Host Party enter them, except
with the consent of the Head of Mission.

domestic market, provided these are intended for the purpose of
EUJUST THEMIS, EUJUST THEMIS shall be either exempt from
or reimbursed by the Host Party for all national and municipal
dues and taxes, including VAT, and charges of similar nature,
according to the laws of the Host Party.

Article 6

Immunities and privileges of EUJUST THEMIS personnel

1.
EUJUST THEMIS personnel shall be granted all privileges
and immunities equivalent to that of diplomatic agents granted
under the Vienna Convention, subject to which the EU Member
States shall have priority of jurisdiction. These privileges and
immunities shall be granted to EUJUST THEMIS personnel
during their mission, and thereafter, with respect
to official
acts previously performed in the exercise of their mission.

The EU Secretary-General/High Representative shall, with
2.
the explicit consent of the competent authority of the Sending
State, waive
immunity enjoyed by EUJUST THEMIS
personnel where such immunity would impede the course of
justice and it can be waived without prejudice to the interests of
the EU.

the

4.
The premises of EUJUST THEMIS, their furnishings and
other assets therein as well as their means of transport shall be
immune from search, requisition, attachment or execution.

The archives and documents of EUJUST THEMIS shall be

5.
inviolable at all times.

restrictions items required for

EUJUST THEMIS personnel shall have the right to import
3.
free of duty or other
their
personal use, and to export such items. EUJUST THEMIS
personnel shall have the right
to purchase free of duty or
quantitative restrictions items required for their personal use,
and to export such items; for goods and services purchased
on the domestic market, EUJUST THEMIS personnel shall be
exempt from VAT and taxes according to the laws of the Host
Party.

Correspondence of EUJUST THEMIS shall be granted a
to that of official correspondence granted

6.
status equivalent
under the Vienna Convention.

7.
The Host Party shall permit entry of articles for EUJUST
THEMIS and grant exemption from all custom duties, taxes and
related charges other then charges for storage, cartage and
similar services.

4.
EUJUST THEMIS personnel shall be exempt from dues and
taxes in the Host Party on the emoluments and salaries they
receive by reason of their employment. Where the incidence of
any form of taxation depends upon residence, periods during
which personnel seconded to EUJUST THEMIS and international
staff recruited on a contractual basis by the EU Mission are
present
their duties
shall not be considered as periods of residence.

in the Host Party for the discharge of

Article 7

Local personnel employed by EUJUST THEMIS

For imported goods and services and in respect of its
8.
premises, provided these are intended for
the purpose of
EUJUST THEMIS, EUJUST THEMIS shall be exempt from all
national and municipal dues,
similar
nature. For goods purchased and services contracted on the

taxes or charges of

Local personnel employed by EUJUST THEMIS who are
nationals of or permanently resident in the Host Party shall
enjoy a status equivalent to that enjoyed, in accordance with
the Vienna Convention, by locally employed staff in diplomatic
missions in the Host Party.

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Article 8

Security

and support of the Mission, including co-location of premises
and equipment for EUJUST THEMIS experts.

1.
The Host Party, through its own capabilities, shall assume
full responsibility for the security of EUJUST THEMIS personnel.

and

To that end,

EUJUST THEMIS personnel. Any

2.
take all necessary
the Host Party shall
measures for the protection, safety and security of EUJUST
THEMIS
specific
provisions, proposed by the Host Party, shall be agreed with
the Head of Mission before implementation. The Host Party
shall permit and support free of any charge activities relating
If
to the medical evacuation of EUJUST THEMIS personnel.
required, supplementary arrangements as referred to in Article
16 shall be concluded.

Article 9

Cooperation and access to information

The Host Party shall provide full cooperation and support

1.
to EUJUST THEMIS and EUJUST THEMIS personnel.

If requested and necessary for the accomplishment of the
2.
EUJUST THEMIS mission, the Host Party shall provide EUJUST
THEMIS personnel with effective access to:

— buildings, facilities, locations and official vehicles within the

control of the Host Party;

4.
EUJUST THEMIS shall endeavour, to the maximum extent
possible, to contract locally for services, goods and personnel,
subject to the requirements of the Mission.

Article 11

Deceased EUJUST THEMIS personnel

1.
The Head of Mission shall have the right to take charge of
and make suitable arrangements for the repatriation of any
deceased EUJUST THEMIS personnel, as well as any personal
property belonging to the deceased.

2.
Autopsies shall not be performed on deceased members of
EUJUST THEMIS without the agreement of the Sending State or,
in the case of international staff, the State of his/her nationality,
and the presence of a representative of EUJUST THEMIS and/or
the State concerned.

Article 12

Communications

— documents, materials and information within its control

relevant to the mandate of EUJUST THEMIS.

EUJUST THEMIS shall enjoy the right to unrestricted commu-
nication by radio (including satellite, mobile or hand-held radio),
telephone, telegraph, facsimile and other means.

If required, supplementary arrangements as referred to in Article
16 shall be concluded.

The Head of Mission and the Host Party shall consult
3.
regularly and take appropriate measures to ensure close and
reciprocal liaison at every appropriate level.

Article 10

Host party support and contracting

The Host Party agrees, if requested by EUJUST THEMIS, to

1.
assist in finding suitable premises.

If required and available, premises owned by the Host

2.
Party shall be provided free of charge.

3. Within its means and capabilities, the Host Party shall
the preparation, establishment, execution
assist and support

Article 13

Claims for death, injury, damage or loss

The EU Member States or EU Institutions shall not be
1.
in
obliged to reimburse
connection with civil disturbances, protection of
the EU
Mission or its personnel, or which result from the execution
of the Mission.

claims arising out of activities

Any other claim of a civil law character, including claims
2.
of personnel
locally employed by EUJUST THEMIS, to which
the Mission or any member thereof is a party and over which
the courts of the Host Party do not have jurisdiction because of
any provision of this Agreement, shall be submitted through the
authorities of the Host Party to the Head of Mission and shall
be dealt with by separate arrangements, as referred to in Article
16, whereby procedures for settling claims and for addressing
claims shall be established. Settlement of claims shall occur after
previous consent of the State concerned.

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Article 14

Disputes

Article 16

Supplementary arrangements

All

1.
issues arising in connection with the application of
this Agreement shall be discussed by a Joint Coordination
Group. This Group shall be composed of representatives of
EUJUST THEMIS and the competent authorities of the Host
Party.

The Head of Mission and the administrative authorities of the
Host Party shall conclude such supplementary arrangements as
may be necessary to implement this Agreement.

Article 17

Entry into force and termination

2.
Failing any prior settlement, disputes with regard to the
interpretation or application of this Agreement shall be settled
between the Host Party and EU representatives by diplomatic
means.

1.
This Agreement shall enter into force upon written noti-
fication of the Parties that the internal requirements for the
entry into force have been complied with.

Article 15

Other provisions

refers

this Agreement

1. Whenever
to the immunities,
privileges and rights of EUJUST THEMIS and EUJUST THEMIS
personnel,
the Host Party shall be
the implementation and fulfilment of such
responsible for
immunities, privileges and rights through the appropriate local
authorities of the Host Party.

the Government of

Nothing in this Agreement

shall be
2.
construed to derogate from any rights that may attach with
respect to an EU Member State or any other State contributing
to EUJUST THEMIS or their personnel under other Agreements.

intended or

is

2.
This Agreement may be amended on the basis of mutual
written agreement between the Parties. Such amendments shall
enter into force upon written notification of the Parties that the
the entry into force have been
internal
complied with.

requirements

for

This Agreement shall

3.
departure of EUJUST THEMIS or all personnel thereof.

remain in force until

the final

4.
This Agreement may be denounced by written notification
to the other Party. The denunciation shall take effect 60 days
after receipt by the other Party of the notification of denun-
ciation.

5.
Termination or denunciation of this Agreement shall not
affect any rights or obligations arising from the execution of
this Agreement prior to its termination or denunciation.

Done at Tbilisi on 3 December 2004 in two originals in English.

For the European Union

For Georgia