Agreement between the European Union and New Zealand on the participation of New Zealand in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) - Declarations
Date: 2007-10-03
Institutions: European Union, New Zealand
Subjects: Afghanistan, EU police mission, New Zealand, agreement (EU), peacekeeping, police cooperation, the EU's international role

L 274/18

EN

Official Journal of the European Union

18.10.2007

between the European Union and New Zealand on the participation of New Zealand in the
European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

AGREEMENT

THE EUROPEAN UNION (EU),

of the one part, and

NEW ZEALAND,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the adoption by the Council of the European Union of Joint Action 2007/369/CFSP of 30 May 2007 on estab-

lishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN),

— the invitation to New Zealand to participate in EUPOL AFGHANISTAN,

— the decision by New Zealand to participate in EUPOL AFGHANISTAN,

— the Political and Security Committee Decision on the acceptance of New Zealand’s contribution to EUPOL

AFGHANISTAN,

HAVE AGREED AS FOLLOWS:

Article 1

— the Operation Plan,

Participation in the operation

1.
New Zealand shall associate itself with the Joint Action
2007/369/CFSP and with any Joint Action or Decision by
which the Council of the European Union decides to extend
EUPOL AFGHANISTAN, in accordance with the provisions of
this Agreement and any required implementing arrangements.

The contribution of New Zealand to EUPOL AFGHA-
decision-making

2.
NISTAN is without
prejudice
autonomy of the European Union.

the

to

New Zealand shall ensure that its personnel participating
their mission in

3.
in EUPOL AFGHANISTAN undertake
consistency with:

— Joint Action 2007/369/CFSP and possible

subsequent

amendments,

— implementing measures.

4.
Personnel seconded to EUPOL AFGHANISTAN by New
Zealand shall carry out their duties and conduct themselves
solely with the interest of EUPOL AFGHANISTAN in mind.

New Zealand shall

5.
inform in due time the EUPOL
AFGHANISTAN Head of Mission and the General Secretariat
of the Council of the European Union of any change to its
contribution to EUPOL AFGHANISTAN.

Personnel

6.
seconded to EUPOL AFGHANISTAN shall
undergo a medical examination, vaccination and be certified
medically fit
for duty by a competent authority from New
Zealand. Personnel seconded to EUPOL AFGHANISTAN shall
produce a copy of this certification.

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Article 2

Status of personnel

Article 4

Chain of command

1. Without prejudice to any arrangement concluded between
the Government of New Zealand and the Government of the
Islamic Republic of Afghanistan, the status of the personnel
contributed to EUPOL AFGHANISTAN by New Zealand shall
be governed by the Agreement on the status of mission
concluded between the European Union and the Islamic
Republic of Afghanistan.

referred to in
2. Without prejudice to the Agreement
paragraph 1, New Zealand shall exercise jurisdiction over its
personnel participating in EUPOL AFGHANISTAN.

New Zealand shall be responsible for responding to any
3.
linked to or concerning the participation of its
claims from,
forces or personnel
in EUPOL AFGHANISTAN. New Zealand
shall be responsible for bringing any action, in particular legal
or disciplinary, against any of its personnel, in accordance with
its laws and regulations.

4.
New Zealand undertakes to make a declaration as regards
the waiver of claims against any State participating in EUPOL
AFGHANISTAN, 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 New Zealand in EUPOL AFGHANISTAN and
to do so when signing this Agreement.

Article 3

Classified information

1.
New Zealand 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 (1), and in accordance with
further guidance issued by competent authorities,
including
the EUPOL AFGHANISTAN Head of Mission.

1.
All personnel participating in EUPOL AFGHANISTAN
shall remain under the full command of their national autho-
rities.

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

The Head of Mission shall
3.
and assume its day-to-day management.

lead EUPOL AFGHANISTAN

4.
New Zealand shall have the same rights and obligations in
terms of the day-to-day management of EUPOL AFGHANISTAN
as participating European Union Member States taking part in
the operation, in accordance with the legal instruments referred
to in Article 1(1) of this Agreement.

5.
The EUPOL AFGHANISTAN Head of Mission shall be
responsible for disciplinary control over EUPOL AFGHA-
NISTAN personnel. Where required, disciplinary action shall
be taken by the national authority concerned.

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

The decision to end the operation shall be taken by the
7.
European Union,
following consultation with New Zealand,
provided that New Zealand is still contributing to EUPOL
AFGHANISTAN at the date of termination of the operation.

2. Where the European Union and New Zealand have
concluded an Agreement on security procedures
the
exchange of classified information, the provisions of such an
Agreement shall apply in the context of EUPOL AFGHA-
NISTAN.

for

(1) OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision

2007/438/EC (OJ L 164, 26.6.2007, p. 24).

Article 5

Financial aspects

1.
New Zealand shall assume all the costs associated with its
participation in the operation apart from the costs which are
subject
in the operational
budget of the operation.

to common funding, as set out

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Subject

to any arrangement concluded between the
2.
Government of the Islamic Republic of Afghanistan and the
Government of New Zealand, in case of death, injury, loss or
damage to natural or legal persons from Afghanistan, New
Zealand shall, when its liability has been established, pay
compensation under
in the
Agreement on status of mission, if available, as referred to in
Article 2(1) of this Agreement.

conditions provided for

the

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

Article 6

Contribution to operational budget

As the participation by New Zealand constitutes a significant
contribution which is essential for the operation, New Zealand
is exempted from contributions to the operational budget of
EUPOL AFGHANISTAN.

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.

Article 7

This Agreement shall remain in force for the duration of

3.
New Zealand’s contribution to the operation.

Arrangements to implement this Agreement

Any necessary technical and administrative arrangements in
pursuance of the implementation of this Agreement shall be
concluded between the Secretary-General/High Representative
and the appropriate authorities of New Zealand.

Done at Brussels, on the third day of October in the year two
thousand and seven in the English language in two copies.

Article 8

Non-compliance

Should one of the Parties fail to comply with its obligations laid
down in this Agreement, the other Party shall have the right to
terminate this Agreement by serving a notice of one month.

For the European Union

For New Zealand

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ANNEX

DECLARATIONS

Referred to in Article 2(4) and (5)

Declaration by the EU Member States:

‘The EU Member States applying Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union
Police Mission in Afghanistan (EUPOL AFGHANISTAN) will endeavour, insofar as their internal legal systems so permit,
to waive on a reciprocal basis, as far as possible claims against New Zealand for injury, death of their personnel, or
damage to, or loss of, any assets owned by themselves and used by EUPOL AFGHANISTAN if such injury, death, damage
or loss:

— was caused by personnel

from New Zealand in the execution of

their duties in connection with EUPOL

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

— or arose from the use of any assets owned by New Zealand, provided that the assets were used in connection with the
operation and except in case of gross negligence or wilful misconduct of EUPOL AFGHANISTAN personnel from New
Zealand using those assets.’,

Declaration by New Zealand:

‘New Zealand being associated with Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European
Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) will endeavour, on a reciprocal basis, insofar as its internal
legal system so permits, to waive as far as possible claims against any other State participating in EUPOL AFGHANISTAN
for injury, death of
their personnel, or damage to, or loss of, any assets owned by itself and used by EUPOL
AFGHANISTAN if such injury, death, damage or loss:

— was caused by personnel in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of

gross negligence or wilful misconduct,

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