Agreement between the European Union and the Democratic Republic of the Congo on the status and activities of the European Union police mission in the Democratic Republic of the Congo (EUPOL Kinshasa)
Date: 2005-09-01
Institutions: Congo, European Union
Subjects: Democratic Republic of the Congo, EU police mission, agreement (EU), police cooperation

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Official Journal of the European Union

1.10.2005

TRANSLATION

AGREEMENT

between the European Union and the Democratic Republic of the Congo on the status and activities
of the European Union police mission in the Democratic Republic of the Congo (EUPOL Kinshasa)

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

on the one hand, and

THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO, hereinafter referred to as the ‘Host Party’,

on the other hand,

Together hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

(a)

the letter from the Minister of Foreign Affairs and International Cooperation of the Host Party to the Secretary
General/High Representative for the Common Foreign and Security Policy (SG/HR) dated 20 October 2003,
requesting the EU to assist in setting up the Integrated Police Unit (IPU), which should contribute to ensuring the
protection of the State institutions and reinforce the internal security apparatus of the Democratic Republic of the
Congo,

(b) the letter of the President of the Democratic Republic of the Congo to the SG/HR of 16 February 2004 inviting the
European Union to deploy a Police Mission to Kinshasa, to monitor, mentor and advise the IPU, under certain
conditions, and the response of the SG/HR of 4 April 2004 accepting the invitation under the mentioned conditions,

(c)

the adoption by the Council of the European Union on 9 December 2004 of Joint Action 2004/847/CFSP on the
European Union Police Mission in Kinshasa (CDR) regarding the integrated Police Unit (EUPOL ‘Kinshasa’) (1) to the
Host Party,

(d) the duration of the EUPOL Kinshasa, expected to last until the end of the year 2005,

(e)

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

(f) wishing to settle, by means of this Agreement, the Statute of the EU Police Mission in the Democratic Republic of the

Congo and to define in consequence its privileges and immunities,

HAVE AGREED AS FOLLOWS:

Article 1

Scope of application and definitions

its components, forces, units, headquarters and personnel
deployed in the territory of the Host Party and assigned
to EUPOL Kinshasa.

The provisions of

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

(b) ‘Head of Mission/Police Commissioner’ means the Head of
Mission/Police Commissioner of EUPOL Kinshasa, appointed
by the Council of the European Union.

For the purpose of this Agreement, the following defi-

2.
nitions shall apply:

(a)

‘EUPOL Kinshasa’ means the EU Police Mission in the Host
Party established by Joint Action 2004/847/CFSP, including

(1) OJ L 367, 14.12.2004, p. 30.

(c)

‘EUPOL Kinshasa personnel’ means the Head of Mission/
Police Commissioner, personnel seconded by EU Member
States and EU institutions and third States invited by the
EU to participate in EUPOL Kinshasa, and international staff
recruited on a contractual basis by EUPOL Kinshasa deployed
for the preparation, support and implementation of
the
Mission, and shall not include commercial contractors or
local personnel.

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(d) ‘Headquarters’ means the EUPOL Kinshasa main headquarters

in Kinshasa and the training centre at Kasangulu.

example of which shall be provided to the relevant authorities
of the Host Party.

(e)

‘Sending State’ means any EU Member State or third States
that has seconded personnel to EUPOL Kinshasa.

(f)

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

Article 2

General provisions

shall
EUPOL Kinshasa and EUPOL Kinshasa personnel
1.
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.

EUPOL Kinshasa 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 EUPOL
Kinshasa.

3.
The Head of Mission/Police Commissioner shall notify the
Government of the Host Party of the location of its Head-
quarters.

4.
EUPOL Kinshasa shall be permitted to display the flag of
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/Police Commissioner. National
flags or
insignia of
EUPOL
Kinshasa may be displayed on EUPOL Kinshasa premises,
vehicles and uniforms, as decided by the Head of Mission/Police
Commissioner.

constituent national

elements of

the

Article 4

Border Crossing, movement, and presence on the territory
of the Host Party

EUPOL Kinshasa personnel and EUPOL Kinshasa assets and
1.
means of transport shall cross the border of the Host Party at
official border crossings, sea ports and via the international air
corridors.

facilitate the entry into and the
2.
The Host Party shall
departure from the territory of
the Host Party for EUPOL
Kinshasa and EUPOL Kinshasa personnel. Except for passport
control on entry into and departure from the territory of the
Host
EUPOL Kinshasa personnel, with proof of
membership of the Mission, shall be exempt from passport,
visa and immigration regulations and any form of immigration
inspection.

Party,

4.
The Head of Mission/Police Commissioner shall regularly,
and in a timely manner, inform the Government of the Host
Party of the number, names and nationalities of EUPOL Kinshasa
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.

EUPOL Kinshasa personnel shall be exempt from the regu-
3.
lations 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.

Article 3

Identification

EUPOL Kinshasa personnel shall be provided with and
1.
identified by an EUPOL Kinshasa identification card, which
they shall be obliged to carry with them at all times.

2.
The Ministry of Foreign Affairs and of International Coop-
eration of the Host Party shall provide identity cards to EUPOL
Kinshasa personnel in accordance with their status as set down
in Article 6.

4.
For EUPOL Kinshasa assets, including sidearms for EUPOL
Kinshasa personnel, and means of transport entering, transiting
or exiting the Host Party territory in support of the Mission,
EUPOL Kinshasa shall provide a certificate of exemption accom-
panied by an inventory. They shall be exempt from any other
customs documentation. A copy of the certificate shall be trans-
mitted to the competent authorities when entering or exiting
the Host Party. The format of the certificate shall be agreed
between EUPOL Kinshasa and the competent authorities of the
Host Party.

Vehicles and other means of transport of EUPOL Kinshasa
3.
shall bear distinctive EUPOL Kinshasa identification markings, an

Vehicles and aircraft used in support of the Mission shall
5.
not be subject to local
licensing or registration requirements.
Relevant international standards and regulations shall continue
to apply.

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EUPOL Kinshasa personnel may drive motor vehicles in the
6.
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 EUPOL Kinshasa
personnel.

For goods purchased and services contracted on the
8.
domestic market, provided these are intended for the purpose
of the Mission, EUPOL Kinshasa shall be either exempt from or
reimbursed by the Host Party for all national and communal
dues and taxes, including VAT, and charges of similar nature
according to the laws of the Host Party.

7.
EUPOL Kinshasa and EUPOL Kinshasa personnel together
with their vehicles, aircraft or any other means of transport,
shall enjoy free and unrestricted
equipment and supplies
movement
the Host Party,
throughout
including its airspace.
technical arrangements
may be concluded in accordance with Article 17.

the
If necessary,

territory of

8.
For the purpose of the Mission, EUPOL Kinshasa personnel,
and local personnel employed by EUPOL Kinshasa when
travelling on official duties, may use roads, bridges and
airports without payment of duties, fees, tolls, taxes or other
charges.

Article 5

Immunities and privileges of EUPOL Kinshasa

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

2.
EUPOL Kinshasa, its property, funds and assets shall enjoy
immunity from the criminal, civil, and administrative juris-
diction of
in accordance with the Vienna
Convention.

the Host Party,

The premises of EUPOL Kinshasa shall be inviolable. At no
3.
time shall the agents of the Host Party enter them, except with
the consent of the Head of Mission/Police Commissioner.

The Host Party shall permit entry of articles for the
9.
Mission and grant exemption from all custom duties,
taxes
and related charges other than charges for storage, cartage
and similar services.

Article 6

Immunities and privileges of EUPOL Kinshasa personnel

1.
EUPOL Kinshasa 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 and other Sending States shall have priority of juris-
diction. These privileges and immunities shall be granted to
EUPOL Kinshasa personnel during their mission, and thereafter,
with respect to official acts previously performed in the exercise
of their mission.

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

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

The archives and documents of EUPOL Kinshasa shall be

5.
inviolable at all times.

restrictions items required for

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

Correspondence of EUPOL Kinshasa shall be granted a
to that of official correspondence granted

6.
status equivalent
under the Vienna Convention.

7.
For imported goods and services and in respect of its
premises, provided these are intended for the purpose of the
Mission, EUPOL Kinshasa shall be exempt from all national and
communal dues, taxes or charges of similar nature.

EUPOL Kinshasa personnel shall be exempt from dues and
4.
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 EUPOL Kinshasa and international
staff recruited on a contractual basis by EUPOL Kinshasa are
present
their duties
shall not be considered as periods of residence.

in the Host Party for the discharge of

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Article 7

Local personnel employed by EUPOL Kinshasa

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

to that enjoyed,

Article 8

Security

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

To that end,

EUPOL Kinshasa

the Host Party shall

take all necessary
2.
the protection, safety and security of EUPOL
measures for
Kinshasa
specific
and
provisions, proposed by the Host Party, shall be agreed with
the Head of Mission/Police Commissioner before implemen-
tation. The Host Party shall permit and support free of any
charge activities relating to the medical evacuation of EUPOL
Kinshasa personnel.
If required, supplementary arrangements
as referred to in Article 17 shall be concluded.

personnel. Any

3.
EUPOL Kinshasa personnel shall have the right to carry
sidearms for self defence, subject to a decision by the Head of
Mission/Police Commissioner.

4.

EUPOL Kinshasa shall not have an executive policing role.

Article 9

Uniform and arms

EUPOL Kinshasa personnel shall wear national uniform or

1.
civilian dress with distinctive EUPOL Kinshasa identification.

The wearing of uniform shall be subject to rules issued by

2.
the Head of Mission/Police Commissioner.

In accordance with Article 8.3, EUPOL Kinshasa personnel

3.
may carry sidearms and ammunition.

Article 10

Cooperation and Access to Information

The Host Party shall provide full cooperation and support

1.
to EU Kinshasa and EU Kinshasa personnel.

(a) EUPOL Kinshasa personnel with effective access to buildings,
facilities, locations and official vehicles within the control of
the Host Party;

(b) EUPOL Kinshasa

to
documents, materials and information within its control
relevant to the mandate of EUPOL Kinshasa.

personnel with effective

access

The Head of Mission/Police Commissioner

3.
and the
Government of the Host Party shall consult regularly and take
appropriate measures to ensure close and reciprocal liaison at
every appropriate level. The Host Party may appoint a liaison
officer to EUPOL Kinshasa.

Article 11

Host Party Support and Contracting

The Host party agrees, if requested by EUPOL Kinshasa, 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
assist and support
the preparation, establishment, execution
and support of EUPOL Kinshasa. The assistance and the
from the Host Party to EUPOL Kinshasa shall be
support
provided under the same conditions as those provided to the
IPU.

EUPOL Kinshasa will endeavour, to the maximum extent
4.
possible, to contract locally for services, goods and personnel,
subject to the requirements of the Mission.

Article 12

Deceased EUPOL Kinshasa personnel

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

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

in the case of

Article 13

Communications

If requested and necessary for the accomplishment of the

2.
EUPOL Kinshasa mission, the Host Party shall provide:

EUPOL Kinshasa shall have the right to install and operate
1.
radio sending and receiving stations, as well as satellite systems,
using appropriate frequencies, subject to arrangements to be
concluded in accordance with Article 17.

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EUPOL Kinshasa shall enjoy the right

to unrestricted
2.
communication by radio (including satellite, mobile or hand-
held radio), telephone, telegraph, facsimile and other means,
as well as the right to install, for the purpose of the Mission,
the necessary means for maintaining such communications
within and between EUPOL Kinshasa facilities,
including the
laying of cables and ground lines, in accordance with the regu-
lations of the Host Party.

Article 14

Claims for death, injury, damage or loss

1.
The Member States, other States participating in EUPOL
Kinshasa, or EU Institutions, shall not be obliged to reimburse
claims arising out of activities in connection with civil distur-
bances, protection of the EUPOL Kinshasa or its personnel, or
which are incidental to operational necessities.

Any other claim of a civil law character, including claims
2.
locally employed by EUPOL Kinshasa, to which
of personnel
EUPOL Kinshasa 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 the present Agreement, shall be
submitted through the authorities of
the Host Party to the
Head of Mission/Police Commissioner and shall be dealt with
by separate arrangements, as referred to in Article 17, whereby
procedures for settling claims and for addressing claims shall be
established. Settlement of claims will occur after previous
consent of the State concerned.

Article 15

Disputes

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
EUPOL Kinshasa and the competent authorities of
the Host
Party.

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.

Article 16

Other provisions

this Agreement

1. Whenever
to the immunities,
privileges and rights of EUPOL Kinshasa and EUPOL Kinshasa
personnel,
the Host Party shall be
the implementation and fulfilment of such
responsible for

the Government of

refers

immunities, privileges and rights through the appropriate local
authorities of the Host Party.

Nothing in this Agreement

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

intended or

is

Article 17

Supplementary arrangements

The Head of Mission/Police Commissioner and the adminis-
trative authorities of the Host Party shall conclude such supple-
mentary arrangements as may be necessary to implement this
Agreement.

Article 18

Entry into force and termination

This Agreement shall enter into force on the date of

1.
signature by both Parties.

This Agreement may be amended on the basis of mutual

2.
written agreement between the Parties.

This Agreement shall

3.
departure of EUPOL Kinshasa 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.

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

Done at Kinshasa, on 1 September 2005 in two originals in
French.

For the European Union

For the Government of the
Democratic Republic of the Congo