Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) - Declarations
Date: 2007-10-04
Institutions: Croatia, European Union
Subjects: Afghanistan, Croatia, EU police mission, agreement (EU), police cooperation

L 270/28

EN

Official Journal of the European Union

13.10.2007

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

AGREEMENT

THE EUROPEAN UNION (EU),

of the one part, and

THE REPUBLIC OF CROATIA,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

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

lishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1),

— the invitation to the Republic of Croatia to participate in EUPOL AFGHANISTAN,

— the decision by the Republic of Croatia to participate in EUPOL AFGHANISTAN,

— the Political and Security Committee Decision on the acceptance of the Republic of Croatia’s contribution to EUPOL

AFGHANISTAN,

HAVE AGREED AS FOLLOWS:

Article 1

— the Operation Plan,

Participation in the operation

1.
The Republic of Croatia shall associate itself with 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.

2.
The contribution of the Republic of Croatia to EUPOL
AFGHANISTAN is without prejudice to the decision-making
autonomy of the European Union.

The Republic of Croatia shall ensure that its personnel
their
in EUPOL AFGHANISTAN undertake

3.
participating
mission in conformity with:

— implementing measures.

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

The Republic of Croatia shall

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

— Joint Action 2007/369/CFSP and possible

subsequent

amendments,

(1) OJ L 139, 31.5.2007, p. 33.

Personnel

6.
seconded to EUPOL AFGHANISTAN shall
undergo a medical examination, vaccination and be certified
medically fit
for duty by a competent authority from the
Republic of Croatia. Personnel seconded to EUPOL AFGHA-
NISTAN shall produce a copy of this certification.

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Article 2

Status of personnel

The status of

1.
the personnel contributed to EUPOL
AFGHANISTAN by the Republic of Croatia shall be governed
by the Agreement on the status of mission concluded between
the European Union and the Islamic Republic of Afghanistan.

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

3.
The Republic of Croatia shall be responsible for answering
any claims linked to the participation in EUPOL AFGHA-
NISTAN,
its personnel. The
Republic of Croatia shall be responsible for bringing any
action,
its
personnel, in accordance with its laws and regulations.

in particular legal or disciplinary, against any of

from or concerning any of

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

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

lead EUPOL AFGHANISTAN

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

in the operation,

4.
The Republic of Croatia 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.

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

5.
The European Union shall ensure that its Member States
make a declaration as regards the waiver of claims for the
participation of the Republic of Croatia in EUPOL AFGHA-
NISTAN, and to do so when signing this Agreement.

6.
A National Contingent Point of Contact (NPC) shall be
appointed by the Republic of Croatia 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.

Article 3

Classified information

1.
The Republic of Croatia 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 autho-
including the EUPOL AFGHANISTAN Head of Mission.
rities,

7.
The decision to end the operation shall be taken by the
European Union, following consultation with the Republic of
Croatia, provided that the Republic of Croatia is still contri-
buting to EUPOL AFGHANISTAN at the date of termination
of the operation.

2.
The provisions of the Agreement between the European
Union and the Republic of Croatia on security procedures for
the exchange of EU classified information (2), dated 10 April
2006, shall apply in the context of EUPOL AFGHANISTAN.

Article 4

Chain of command

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

(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).

(2) OJ L 116, 29.4.2006, p. 74.

Article 5

Financial aspects

1.
The Republic of Croatia 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.

2.
In case of death, injury, loss or damage to natural or legal
persons from Afghanistan, the Republic of Croatia shall, when
its liability has been established, pay compensation under the
conditions provided for in the Agreement on status of mission,
if available, as referred to in Article 2(1) of this Agreement.

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Article 6

Contribution to operational budget

Article 10

Entry into force

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

This Agreement shall enter into force on the first day of
1.
the Parties have notified each other
the first month after
through diplomatic channels of the completion of the internal
procedures necessary for this purpose.

Article 7

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 the Republic of Croatia.

Article 8

Non-compliance

This Agreement shall be provisionally applied from the

2.
date of signature.

This Agreement shall remain in force for the duration of

3.
the Republic of Croatia’s contribution to the operation.

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 written notification through
diplomatic channels one month in advance.

Done at Brdo pri Kranjiv, on the fourth day of October in the
year two thousand and seven in the English language in two
copies.

Article 9

Dispute settlement

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

For the European Union

For the Republic of Croatia

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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 as far as possible claims against the Republic of Croatia 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 the Republic of Croatia 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 the Republic of Croatia, 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 the Republic of Croatia using those assets.’

DECLARATION BY THE REPUBLIC OF CROATIA

‘The Republic of Croatia 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 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.’