Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) - Declarations
Date: 2005-12-22
Institutions: European Union, Switzerland
Subjects: Indonesia, Switzerland, agreement (EU), common foreign and security policy, fact-finding mission, peacekeeping

31.12.2005

EN

Official Journal of the European Union

L 349/31

between the European Union and the Swiss Confederation on the participation of the Swiss
Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring
Mission — AMM)

AGREEMENT

THE EUROPEAN UNION (EU),

of the one part, and

THE SWISS CONFEDERATION,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the Memorandum of Understanding signed on 15 August 2005 between the Government of Indonesia (GoI) and the
Free Aceh Movement (GAM) regarding a peaceful, comprehensive and sustainable solution to the conflict in Aceh,
which notably provides for the establishment of an Aceh Monitoring Mission (AMM),

— the Agreement between the GoI and the European Union of 3 October 2005, regarding the tasks, status, privileges

and immunities of the AMM and its members,

— the invitation to the Swiss Confederation to participate in the AMM,

— the acceptance from the Swiss Confederation to participate in the AMM,

— the adoption by the Council of the European Union of Joint Action 2005/643/CFSP of 9 September 2005 on the

European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM),

— the decision of the Political and Security Committee of 20 September 2005, on the acceptance of the Swiss

Confederation’s contribution to the AMM,

HAVE AGREED AS FOLLOWS:

(a)

Joint Action 2005/643/CFSP and possible
amendments;

subsequent

Article 1

Participation in the AMM

The Swiss Confederation shall associate itself with Joint
1.
Action 2005/643/CFSP of 9 September 2005 on the
European Union Monitoring Mission in Aceh (Indonesia)
(Aceh Monitoring Mission — AMM) and with any Joint
Action or Decision by which the Council of
the European
in accordance with the
Union decides to extend the AMM,
provisions of this Agreement and any required implementing
arrangements.

2.
The contribution of the Swiss Confederation to the AMM
is without prejudice to the decision-making autonomy of the
European Union.

(b) the Operation Plan (OPLAN);

(c)

implementing measures.

Personnel seconded to the AMM by the Swiss Confed-
themselves

4.
eration shall carry out
solely with the interest of the AMM in mind.

their duties and conduct

The Swiss Confederation shall

5.
in due time, the
the
AMM Head of Mission and the General Secretariat of
Council of the European Union of any change to its contri-
bution to the AMM.

inform,

3.
The Swiss Confederation shall ensure that its personnel
participating in the AMM undertake their mission in conformity
with:

6.
Personnel seconded to the AMM shall undergo a medical
examination, vaccination and be certified medically fit for duty
by a competent authority from the Swiss Confederation.
Personnel seconded to the AMM shall produce a copy of this
certification.

L 349/32

EN

Official Journal of the European Union

31.12.2005

Article 2

Status of personnel

National authorities shall transfer operational control to
2.
the AMM Head of Mission, who shall exercise that command
through a hierarchical structure of command and control.

1.
The status of the personnel contributed to the AMM by
the Swiss Confederation shall be governed by the Agreement on
the status of mission concluded between the European Union
and the GoI.

The Head of Mission shall lead the AMM and assume its

3.
day-to-day management.

2. Without prejudice to the Agreement on the status of
mission referred to in paragraph 1, the Swiss Confederation
shall exercise jurisdiction over its personnel participating in
the AMM.

The Swiss Confederation shall have the same rights and
4.
obligations in terms of
the
operation as participating European Union Member States
in accordance with the legal
taking part
instruments referred to in Article 1(1).

the day-to-day management of

in the operation,

The

Swiss Confederation shall be

3.
for
answering any claims linked to the participation in the AMM,
from or concerning any of its personnel. The Swiss Confed-
eration shall be responsible for bringing any action, in particular
legal or disciplinary, against any of its personnel, in accordance
with its laws and regulations.

responsible

4.
The Swiss Confederation undertakes to make a declaration
as regards the waiver of claims against any State participating in
the AMM, and to do so when signing this Agreement. A model
for such a declaration is annexed to this Agreement.

5.
The European Union shall ensure that its Member States
make a declaration as regards the waiver of claims, for the
participation of the Swiss Confederation in the AMM, and to
do so when signing this Agreement. A model
for such a
declaration is annexed to this Agreement.

5.
The AMM Head of Mission shall be responsible for disci-
plinary control over AMM personnel. Where required, disci-
plinary action shall be
taken by the national authority
concerned.

6.
A National Contingent Point of Contact (NPC) shall be
appointed by the Swiss Confederation to represent its national
contingent in the AMM. The NPC shall report to the AMM
Head of Mission on national matters and shall be responsible
for day-to-day contingent discipline.

7.
The decision to end the AMM shall be taken by the
European Union, following consultation with the Swiss Confed-
eration, provided that the Swiss Confederation is still contri-
buting to the AMM at the date of termination of the operation.

Article 5

Financial aspects

Article 3

Classified information

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 common funding, as set out in the
operational budget of the operation.

The Swiss Confederation shall
take appropriate measures to
ensure that EU classified information is protected in accordance
with the European Union Council’s
security regulations,
contained in Council Decision 2001/264/EC of 19 March
2001 (1), and in accordance with further guidance issued by
competent authorities, including the AMM Head of Mission.

2.
In case of death, injury, loss or damage to natural or legal
persons from the State(s) in which the operation is conducted,
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
this Agreement.

Article 4

Chain of command

All personnel participating in the AMM shall remain

1.
under the full command of their national authorities.

Article 6

Contribution to operational budget

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

The Swiss Confederation will contribute to the financing

1.
of the operational budget of the AMM.

31.12.2005

EN

Official Journal of the European Union

L 349/33

An arrangement on the practical modalities of

the
2.
the Swiss Confederation’s contribution shall be
payment of
signed between the AMM Head of Mission and the relevant
administrative
the Swiss Confederation. This
arrangement shall include, inter alia, provisions on:

services of

(a)

the amount concerned;

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

(c)

the auditing procedure.

Article 7

Arrangements to implement the Agreement

and

technical

administrative

Without prejudice to the provisions of Article 6(2) any
necessary
in
pursuance of the implementation of this Agreement shall be
the Council of
concluded between the Secretary-General of
the Common
the European Union/High Representative for
Foreign and Security Policy, and the appropriate authorities of
the Swiss Confederation.

arrangements

Article 8

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 9

Dispute settlement

Disputes concerning the interpretation or application of this
agreement shall be settled by diplomatic means between the
parties.

Article 10

Entry into force

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

This Agreement shall be provisionally applied from the

2.
date of signature.

This Agreement shall remain in force for the duration of

3.
the Swiss Confederation's contribution to the operation.

Done at Brussels on
two copies.

, in the English language in

For the European Union

For the Swiss Confederation

L 349/34

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Official Journal of the European Union

31.12.2005

DECLARATIONS

referred to in Article 2(4) and (5) of the Agreement

Declaration by the EU Member States:

‘The EU Member States applying EU Joint Action 2005/643/CFSP of 9 September 2005 on the European
Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) will endeavour, in so far
as their internal legal systems so permit, to waive as far as possible claims against the Swiss Confederation
for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by
the EU crisis management operation if such injury, death, damage or loss:

— was caused by personnel from the Swiss Confederation in the execution of their duties in connection
with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

— arose from the use of any assets owned by the Swiss Confederation, provided that the assets were used
in connection with the operation and except in case of gross negligence or wilful misconduct of EU
crisis management operation personnel from the Swiss Confederation using those assets.’

Declaration by the Swiss Confederation:

‘The Swiss Confederation associating itself with EU Joint Action 2005/643/CFSP of 9 September 2005 on
the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) will
legal system so permits, to waive as far as possible claims against
endeavour,
any other State participating in the EU crisis management operation for injury, death of their personnel, or
damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such
injury, death, damage or loss:

in so far as its internal

— was caused by personnel in the execution of their duties in connection with the EU crisis management

operation, except in case of gross negligence or wilful misconduct, or

— arose from the use of any assets owned by States participating in the EU crisis management operation,
provided that the assets were used in connection with the operation and except in case of gross
negligence or wilful misconduct of EU crisis management operation personnel using those assets.’