Agreement between the European Union and the Republic of Cameroon on the status of the European Union-led Forces in transit within the territory of the Republic of Cameroon
Date: 2008-02-06
Institutions: Cameroon, European Union
Subjects: Cameroon, agreement (EU), forces abroad, military cooperation, military intervention, transit

1.3.2008

EN

Official Journal of the European Union

L 57/31

between the European Union and the Republic of Cameroon on the status of the European Union-
led Forces in transit within the territory of the Republic of Cameroon

AGREEMENT

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

of the one part, and

THE REPUBLIC OF CAMEROON, hereinafter referred to as ‘the Transit State’,

of the other part,

hereinafter referred to as ‘the Parties’,

TAKING INTO ACCOUNT:

— United Nations Security Council Resolution 1778 (2007) of 25 September 2007,

— Council Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic

of Chad and in the Central African Republic (EUFOR Tchad/RCA),

— the fact that this Agreement will not affect the Parties' rights and obligations under international agreements and other
instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,

HAVE AGREED AS FOLLOWS:

Article 1

Scope and definitions

The aim of this Agreement is to define the arrangements
the Republic of
the transit
intended for

1.
for
Cameroon of EUFOR personnel and material
Chad and the CAR.

through the territory of

This Agreement shall apply to the European Union-led

2.
Forces and to their personnel.

This Agreement shall apply only within the territory of

3.
the Transit State.

4.

For the purpose of this Agreement:

(a)

‘European Union-led Forces’
shall mean EU
military headquarters and national contingents contributing
to the operation,
their equipment and their means of
transport;

(EUFOR)

(b) ‘operation’

shall mean the preparation,

establishment,
execution and support of the military mission further to
arising out of United Nations Security
the mandate
Council Resolution 1778 (2007) of 25 September 2007;

(d)

(e)

(f)

‘EU military headquarters’ shall mean the military head-
quarters and elements
location,
under the authority of EU military commanders exercising
the military command or control of the operation;

thereof, whatever

their

contingents’

‘national
and elements
belonging to the Member States of the EU and to other
States participating in the operation;

shall mean units

assigned to EUFOR as well
the preparation of

‘EUFOR personnel’ shall mean the civilian and military
as personnel
personnel
the operation and
deployed for
personnel on mission for a Sending State or an EU insti-
tution in the framework of the operation, present, except as
otherwise provided in this Agreement, within the territory
of
the Transit State, with the exception of personnel
employed locally and personnel employed by international
commercial contractors;

(g)

‘personnel employed locally’ shall mean personnel who are
nationals of or permanently resident in the Transit State;

(h) ‘facilities’ shall mean all premises, accommodation and land

required for EUFOR and EUFOR personnel;

(c)

‘EU Force Commander’ shall mean the Commander in the
theatre of operations;

(i)

‘Sending State’ shall mean a State providing a national
contingent for EUFOR.

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Official Journal of the European Union

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Article 2

General provisions

1.
EUFOR and EUFOR personnel shall respect the laws and
regulations of the Transit State and shall refrain from any action
or activity incompatible with the objectives of this Agreement.

facilitate

assets and means of transport shall bear the distinctive EUFOR
emblem to enable their rapid identification. The Transit State
shall
for
EUFOR. EUFOR shall be exempt from producing any other
any kind of
customs document
inspection.

and from undergoing

administrative

and customs

formalities

the
EUFOR must regularly inform the Government of
2.
Transit State of the number and identity of EUFOR personnel
located within the Transit State's territory.

EUFOR personnel may drive motor vehicles, navigate
4.
vessels and operate aircraft within the Transit State's territory
provided they have valid national,
international or military
driving licences, ship master's certificates or pilot's licences, as
appropriate.

Article 3

Identification

EUFOR personnel must carry passports or military identity

1.
cards with them at all times.

EUFOR vehicles, aircraft, vessels and other means of
2.
transport shall carry distinctive EUFOR identification markings
and/or registration plates, of which the relevant Transit State
authorities shall be notified.

facilities, vehicles

EUFOR shall have the right to display the flag of the EU
3.
titles and official
and markings, such as military insignia,
symbols, on its
and other means of
transport. The uniforms of EUFOR personnel shall carry a
distinctive EUFOR emblem. National flags or insignia of the
constituent national contingents taking part in the operation
may be displayed on EUFOR facilities, vehicles and other
means of transport and uniforms, as decided by the EU Force
Commander.

Article 4

Border crossing and movement within the Transit State's
territory

the documents provided for

1.
EUFOR personnel shall enter the Transit State's territory
in
only on presentation of
Article 3(1) and, in the case of first entry, of an individual or
collective movement order issued by EUFOR. They shall not be
subject
from
emigration and immigration inspections and customs control
on entering or leaving or when within the Transit State's
territory.

to visa regulations. They shall be

exempt

2.
EUFOR personnel shall be exempt from the Transit State's
regulations on the registration and control of aliens, but shall
not acquire any right to permanent residence or domicile within
the Transit State's territory.

3.
The list of EUFOR assets and means of transport entering
the Transit State's territory in support of the operation shall be
communicated to the Transit State by way of information. Such

5.
For the purpose of the operation, the Transit State shall
grant EUFOR and EUFOR personnel freedom of movement and
freedom to travel within its territory via the transit corridors
defined in the arrangements laid down in Article 18, including
its territorial sea and its air space. Freedom of movement within
the territorial sea of the Transit State shall include stopping and
anchoring under any circumstances.

fees,

ferries, airports and ports without

6.
For the purpose of the operation, EUFOR may use roads,
bridges,
the payment of
taxes and similar charges. EUFOR shall not be
duties,
exempt from weighing fees, road tolls or port data processing
fees, the terms of payment for which shall be defined in the
arrangements laid down in Article 18.

Article 5

Privileges and immunities of EUFOR granted by the Transit
State

1.
EUFOR's facilities shall be inviolable. The Transit State's
agents shall not enter them without the consent of the EU Force
Commander.

facilities,

EUFOR's

2.
therein as well as its means of
from search, requisition, attachment or execution.

furnishings and other assets
transport shall be immune

their

EUFOR shall not harbour any persons sought by the

3.
Transit State's judicial authorities.

EUFOR, its property and its assets shall enjoy immunity

4.
from every form of legal process.

5.

EUFOR's archives and documents shall be inviolable.

EUFOR's official

6.
‘Official
relating to the operation and its functions.

correspondence’

correspondence

shall mean all

shall be

inviolable.
correspondence

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Official Journal of the European Union

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In respect of purchased and imported goods, services
7.
provided and facilities used by EUFOR for the purposes of
the operation, EUFOR, as well as its providers or contractors,
insofar as the latter are not nationals of the Transit State, shall
be exempt from all national, regional and communal dues, taxes
and other charges of a similar nature.

The Transit State shall permit the entry of articles for the
8.
operation and grant them exemption from all custom duties,
fees, taxes, except for the port data processing fees referred to in
Article 4(6), and similar charges other than charges for storage,
cartage and other services rendered.

Article 6

Privileges and immunities of EUFOR personnel granted by
the Transit State

EUFOR personnel shall not be liable to any form of arrest

1.
or detention.

2.
Papers, correspondence and property of EUFOR personnel
shall enjoy inviolability, except in the event of measures of
execution which are permitted pursuant to paragraph 6.

EUFOR personnel shall enjoy immunity from the criminal

3.
jurisdiction of the Transit State.

The immunity from criminal jurisdiction of EUFOR personnel
may be waived by the Sending State or EU institution
concerned, as the case may be. Such waiver must always be
express.

4.
EUFOR personnel shall enjoy immunity from the civil and
administrative jurisdiction of the Transit State in respect of acts
performed by them in the exercise of their official functions. If
any civil proceeding is instituted against EUFOR personnel
before any Transit State court, the EU Force Commander and
the competent authority of the Sending State or EU institution
the
shall be notified immediately. Prior
proceeding before the court, the EU Force Commander and
the competent authority of the Sending State or EU institution
shall certify, after receiving the formal advisory opinion of the
Transit State's competent authorities, whether
in
question was committed by EUFOR personnel in the exercise
of their official functions.

to initiation of

the act

the act was committed in the exercise of

their official
If
the proceeding shall not be initiated and the
functions,
provisions of Article 15 shall apply.
the act was not
committed in the exercise of official functions, the proceeding
may continue. The certification by the EU Force Commander

If

and the competent authority of the Sending State or EU insti-
tution shall be binding upon the jurisdiction of the Transit
State, which may not contest it.

The initiation of proceedings by EUFOR personnel
shall
preclude them from invoking immunity from jurisdiction in
respect of any counter-claim directly connected with the
principal claim.

EUFOR personnel shall not be obliged to give evidence as

5.
witnesses.

No measures of execution may be taken in respect of
6.
EUFOR personnel, except where a civil proceeding not related
to their official functions is instituted against them. Property of
EUFOR personnel, which is
certified by the EU Force
Commander to be necessary for the fulfilment of their official
functions, shall be free from seizure for the satisfaction of a
In civil proceedings EUFOR
judgment, decision or order.
personnel shall not be subject
to any restrictions on their
personal liberty or to any other measures of constraint.

7.
The immunity of EUFOR personnel from the jurisdiction
in the Transit State shall not exempt them from the jurisdictions
of the respective Sending States.

EUFOR personnel shall with respect to services rendered
8.
for EUFOR be exempt from social security provisions which
may be in force in the Transit State.

EUFOR personnel shall be exempt

9.
from any form of
taxation in the Transit State on the salary and emoluments
paid to them by EUFOR or the Sending States, as well as on
any income received from outside the Transit State.

The Transit State shall, in accordance with such laws and
10.
it may adopt, permit entry of and grant
regulations as
exemption from all customs duties, taxes, and related charges
other than charges for storage, cartage and similar services, on
articles for the personal use of EUFOR personnel.

are
it contains articles

The personal baggage of EUFOR personnel shall be exempt
for
from inspection, unless
there
the
presuming that
personal use of EUFOR personnel, or articles the import or
export of which is prohibited by the law or controlled by the
quarantine regulations of the Transit State. Such inspection shall
be conducted only in the presence of the concerned EUFOR
personnel or of an authorised representative of EUFOR.

serious
that are not

grounds
for

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Article 7

Personnel employed locally

The Transit State shall facilitate the implementation of
5.
contracts concluded by EUFOR with commercial entities for
the purposes of the operation.

Personnel recruited locally shall not enjoy any privileges or
immunities. However, the Transit State shall exercise its juris-
diction in such a manner as not to interfere unduly with the
performance of the functions of the operation.

Article 8

Criminal jurisdiction

The competent authorities of a Sending State shall have the
right to exercise on the territory of the Transit State, in coop-
eration with the competent authorities of the latter, all the
jurisdiction and disciplinary powers conferred on
criminal
them by the law of
the Sending State with regard to all
EUFOR personnel subject to the relevant law of the Sending
State.

Article 9

Uniform and arms

The wearing of uniform shall be subject to rules adopted

1.
by the EU Force Commander.

2.
EUFOR military personnel may carry individual small-
calibre arms and corresponding ammunition on condition
that they are authorised to do so by their orders. The list of
such arms and their holders shall be communicated to the
Transit State's competent authorities.

Article 10

Transit State support and contracting

The Transit State agrees, if requested, to assist EUFOR in

1.
finding suitable facilities.

The Transit State shall provide, free of charge, any facilities
2.
of which it is the owner, insofar as such facilities are required
for the conduct of EUFOR'S administrative and operational
activities.

3. Within its means and capabilities, the Transit State shall
assist in the preparation, establishment, and execution of and
support for the operation. The security measures taken by the
Transit State pursuant to the provisions of Article 13(1) shall be
free of charge.

Article 11

Change to facilities

EUFOR shall be authorised to construct, alter or otherwise
1.
modify facilities as needed for its transit requirements and for
in accordance with the
the duration of
procedures
laid down in
Article 18.

specified in the

the operation,

arrangements

2.
No compensation shall be requested from EUFOR by the
Transit State for those constructions, alterations or modifi-
cations, except in the case of significant damage to the initial
facilities.

Article 12

Deceased EUFOR personnel

The EU Force Commander shall have the right to take
1.
charge of and make suitable arrangements for the repatriation
of any deceased EUFOR personnel, as well as that of their
personal property.

2.
No autopsy shall be performed on any deceased member
of EUFOR without the agreement of the State concerned and
the presence of a representative of EUFOR and/or the State
concerned.

3.
The Transit State and EUFOR shall cooperate to the fullest
extent possible with a view to the early repatriation of deceased
EUFOR personnel.

Article 13

Security of EUFOR and military police

The Transit State shall take all appropriate measures to

1.
ensure the safety and security of EUFOR and its personnel.

2.
EUFOR shall be authorised to take the measures necessary
to protect its facilities and convoys in close cooperation with
the competent authorities of the Transit State.

4.
The law applicable to contracts concluded by EUFOR in
the Transit State shall be the lex fori. The dispute settlement
procedure referred to in Article 15(3),
(4) and (5) shall be
applicable to disputes arising from the application of such
contracts.

3.
National contingents may use criminal police personnel in
order to conduct the investigations necessary for the exercise of
the criminal jurisdiction powers referred to in Article 8.

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Article 14

Communications

as well

EUFOR may instal and operate

radio sending and
1.
shall
as
receiving stations,
cooperate with the competent authorities of the Transit State
with a view to avoiding conflicts in the use of appropriate
frequencies. Access to the frequency spectrum shall be granted
in accordance with the legislation in force in the Transit State.

systems.

satellite

It

telephone,

2.
EUFOR shall enjoy the right to unrestricted communi-
cation by radio (including satellite, mobile and hand-held
radio),
facsimile and other means, as
well as the right to instal the equipment necessary for the
maintenance of such communications within and between
EUFOR facilities.

telegraph,

by EUFOR and the third jointly by the Transit State and EUFOR.
Where one of the parties fails to appoint an arbitrator within
two months or where no agreement can be found between the
Transit State and EUFOR on the appointment of the third arbi-
the arbitrator in question shall be appointed by the
trator,
President of the Court of Justice of the European Communities.

arrangement

An administrative

concluded
6.
between EUFOR and the administrative authorities of
the
Transit State in order to determine the terms of reference of
the
the procedure
applicable within these bodies and the conditions under
which claims are to be lodged.

commission and the

shall be

tribunal,

claims

3. Within its own facilities
the
arrangements necessary for the conveyance of mail addressed
to and from EUFOR and/or EUFOR personnel.

EUFOR may make

Article 15

Claims for death, injury, damage and loss

Claims for damage to or loss of civilian or government
1.
property, as well as claims for death of or injury to persons and
for damage to or loss of EUFOR property which is related to
EUFOR's transit necessities, shall be settled amicably.

shall be forwarded to EUFOR via the
2.
Such claims
competent authorities of
the Transit State, as far as claims
brought by legal or natural persons from the Transit State are
concerned, or to the competent authorities of the Transit State,
as far as claims brought by EUFOR are concerned.

3. Where no amicable settlement can be found, the claim
shall be submitted to a claims commission composed on an
equal basis of representatives of EUFOR and representatives of
the Transit State. Settlement of claims shall be reached by
common agreement.

4. Where no settlement can be reached within the claims
commission, the dispute shall be submitted to an arbitration
tribunal, the decisions of which shall be binding.

5.
The arbitration tribunal shall be composed of three arbi-
trators, one arbitrator being appointed by the Transit State, one

Article 16

Liaison and disputes

All

issues arising in connection with the application of
1.
this Agreement shall be examined jointly by representatives of
EUFOR and the Transit State's competent authorities.

2.
Failing any prior settlement, disputes concerning the inter-
pretation or application of this Agreement shall be settled exclu-
sively by diplomatic means between the Transit State and EU
representatives.

Article 17

Other provisions

1. Whenever this Agreement refers to the privileges, immu-
nities and rights of EUFOR and of EUFOR personnel,
the
Government of the Transit State shall be responsible for their
implementation and for compliance with them on the part of
the appropriate Transit State local authorities.

Nothing in this Agreement

intended or may be
2.
construed to derogate from any rights that may attach to an
EU Member State or to any other State contributing to EUFOR
under other agreements.

is

Article 18

Implementing arrangements

For purposes of the application of this Agreement, operational,
administrative and technical matters may be the subject of
separate arrangements to be concluded between the EU Force
Commander and the Transit State's administrative authorities.

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Article 19

Entry into force and termination

the date on which the first EUFOR personnel were deployed if
that date was earlier than the date of entry into force of this
Agreement.

1.
This Agreement shall enter into force on the day on
which it is signed and shall remain in force until the date of
departure of the last EUFOR personnel, as notified to the Transit
State's authorities by EUFOR.

This Agreement may be amended by written agreement

3.
between the Parties.

Notwithstanding paragraph 1, the provisions laid down in
2.
Article 4(6), Article 5(1), (2), (4), (7) and (8), Article 6(1), (3),
(4), (6), and (8) to (10), Article 10(2), Article 11, Article 13(1),
(2) and (3) and Article 15 shall be deemed to have applied from

4.
Termination of this Agreement shall not affect any rights
or obligations arising out of the execution of this Agreement
before such termination.

Done at Yaoundé on
English languages, both texts being equally authentic.

in

,

four

originals

in

the

French

and

For the European Union

For the Republic of Cameroon