Agreement between the European Union and the Republic of Chad on the status of the European Union-led forces in the Republic of Chad
Date: 2008-03-06
Institutions: Chad, European Union
Subjects: Chad, agreement (EU), forces abroad, military cooperation, military intervention

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Official Journal of the European Union

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TRANSLATION

AGREEMENT

between the European Union and the Republic of Chad on the status of the European Union-led
forces in the Republic of Chad

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

of the one part, and

THE REPUBLIC OF CHAD, hereinafter referred to as ‘the Host 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) (1),

— 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

(c)

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

This Agreement shall apply to the European Union-led

1.
Forces and to their personnel.

This Agreement shall apply only within the territory of

2.
the Host State.

3.

For the purpose of this Agreement:

(a)

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

(EUFOR)’

(d)

(e)

(f)

(b) ‘operation’

shall mean the preparation,

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

(1) OJ L 279, 23.10.2007, p. 21.

‘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
personnel
as personnel
deployed for
the operation and
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 Host State, with the exception of personnel employed
locally and personnel employed by international commercial
contractors;

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(g)

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

inspections and customs control on entering,
within the Host State’s territory.

leaving or

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

required for EUFOR and EUFOR personnel;

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

(i)

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

Article 2

General provisions

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

2.
EUFOR shall regularly inform the government of the Host
State of the number of EUFOR personnel stationed within the
Host State’s territory.

Article 3

Identification

EUFOR personnel must carry passports or military identity

1.
cards with them at all times.

3.
A list of EUFOR assets and means of transport entering,
transiting or exiting the Host State’s territory in support of the
operation shall be communicated to the Host State by way of
information. EUFOR shall, however, be exempt
from any
requirement
to produce any other customs documentation,
and from any inspection.

4.
EUFOR personnel may drive motor vehicles and operate
aircraft within the Host State’s territory provided they have valid
international or military driving licences or pilot
national,
licences, as appropriate.

For the purpose of the operation, the Host State shall
5.
freedom of movement
grant EUFOR and EUFOR personnel
and freedom to travel within its territory,
including its air
space, in collaboration with the Host State’s competent autho-
laid down in
rities,
Article 18 of this Agreement.

in accordance with the arrangements

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

For the purpose of the operation and in agreement with
6.
the competent Chadian authorities, EUFOR may carry out
within the Host State territory,
including its air space, any
exercise, including exercises with weapons.

such as military insignia,
facilities, vehicles

EUFOR shall have the right to display the flag of the EU
3.
titles and official
and markings
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 the 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 Host State’s
territory

For the purpose of the operation, EUFOR may use public
7.
roads, bridges,
the payment of
ferries and airports without
duties, fees, tolls, taxes and similar charges. EUFOR shall not
be exempt from reasonable charges for services requested and
received, under the conditions that apply to those provided for
the Host State’s armed forces.

Article 5

Privileges and immunities of EUFOR granted by the Host
State

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

EUFOR personnel shall enter the Host State’s territory
1.
only on presentation of
in
Article 3(1) or, in the case of first entry, of an individual or
collective movement order issued by EUFOR. They shall be
immigration
and visa
exempt

the documents provided for

from passport

regulations,

EUFOR’s

facilities,

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

furnishings and other assets
transport shall be immune

their

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EUFOR, its property and assets, wherever located and by
3.
whomsoever held, shall enjoy immunity from every form of
legal process.

EUFOR’s archives and documents shall be inviolable at

4.
any time, wherever they may be.

of the Sending State or EU institution shall be notified imme-
diately. Prior to initiation of the proceeding before the court, the
EU Force Commander and the competent authority of
the
Sending State or EU institution shall certify to the court
in question was committed by EUFOR
whether
personnel in the exercise of their official functions.

the act

EUFOR’s official

5.
inviolable.
correspondence
‘Official correspondence’ means all correspondence relating to
the operation and its functions.

shall be

imported goods,

In respect of purchased or

6.
services
provided and facilities used by EUFOR for the purposes of
the operation, EUFOR, as well as its providers or contractors,
as long as they are not nationals of the Host State, shall be
exempt from all national, regional and communal dues, taxes
and other charges of a similar nature. EUFOR shall not be
exempt
represent
from dues,
payment for services rendered.

taxes or other charges

that

7.
The Host State shall permit the entry of articles, military
vehicles, military equipment and products intended exclusively
for the operation and grant them exemption from all customs
duties, fees, tolls, taxes and similar charges, other than charges
for storage, cartage and charges that represent payment for
other services rendered.

Article 6

Privileges and immunities of EUFOR personnel granted by
the Host State

EUFOR personnel shall not be liable to any form of arrest

1.
or detention.

Papers, correspondence and property of EUFOR personnel,
in the case of measures of

2.
shall enjoy inviolability, except
execution which are permitted pursuant to paragraph 6.

If the act was committed in the exercise of official functions, the
proceeding shall not be initiated and the provisions of
Article 15 shall apply. If the act was not committed in the
exercise of official
the proceeding may continue.
The certification by the EU Force Commander and the
the Sending State or EU institution
competent authority of
shall be binding upon the jurisdiction of
the Host State,
which may not contest it.

functions,

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.

6.
No measures of execution may be taken in respect of
EUFOR personnel, except in the case 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 judgement, decision or order. In civil proceedings EUFOR
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 Host State does not exempt them from the jurisdictions
of the respective Sending States.

EUFOR personnel shall enjoy immunity from the criminal

3.
jurisdiction of the Host State.

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

EUFOR personnel shall be exempt

9.
from any form of
taxation in the Host 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 Host State.

EUFOR personnel shall enjoy immunity from the civil and
4.
administrative jurisdiction of the Host State in respect of words
spoken or written and all acts performed by them in the
exercise of their official functions.
If any civil proceeding is
instituted against EUFOR personnel before any Host State
court, the EU Force Commander and the competent authority

Articles and personal effects in use belonging to EUFOR
10.
personnel shall be exempt from all duties and taxes under Act
2/92-UDEAC/556-CD-SE 1 of 30 April 1992. To benefit from
those exemptions the EU Force Commander shall submit to the
competent authorities an application for certification of freedom
from duty and tax signed by him.

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The personal baggage of EUFOR personnel shall be exempt
from inspection, unless there is serious reason to believe that
it contains articles or effects that are not for the personal use of
EUFOR personnel, or articles the import or export of which is
prohibited by the law or controlled by the quarantine regu-
lations of the Host State. Such inspection shall be conducted
only in the presence of the EUFOR personnel concerned or of
an authorised representative of EUFOR.

The law applicable to contracts concluded by EUFOR in

4.
the Host State shall be determined by the contract.

The contract may stipulate that

the dispute settlement
5.
procedure referred to in Article 15(3) and (4) shall be applicable
to disputes arising from the application of the contract.

Article 7

Personnel employed locally

Personnel employed locally shall enjoy privileges and immu-
nities only to the extent admitted by the Host State. However,
the Host State shall exercise its jurisdiction over that personnel
in such a manner as not
to interfere unduly with the
performance of the functions of the operation.

The Host State shall

facilitate the implementation of
6.
contracts concluded by EUFOR with commercial entities for
the purposes of the operation.

Article 11

Change to facilities

1.
EUFOR shall be authorised to construct, alter or otherwise
modify facilities as requested for its operational requirements.

Article 8

Criminal jurisdiction

2.
No compensation shall be requested from EUFOR by the
Host State for those constructions, alterations or modifications.

to exercise on the territory of

The competent authorities of a Sending State shall have the
right
the
jurisdiction and disciplinary powers conferred on
criminal
the Sending State with regard to all
them by the law of
EUFOR personnel subject to the relevant law of the Sending
State.

the Host State all

Article 9

Uniform and arms

The wearing of uniform shall be subject to rules adopted

1.
by the EU Force Commander.

Article 12

Deceased EUFOR personnel

1.
The EU Force Commander shall have the right to take
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.

2.
EUFOR military personnel may carry arms and ammu-
nition on condition that they are authorised to do so by their
orders.

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

Article 10

Article 13

Host State support and contracting

Security of EUFOR and military police

The Host State agrees,

1.
finding suitable facilities.

if requested, to assist EUFOR in

The Host State shall

1.
take all appropriate measures to
ensure the safety and security of EUFOR and EUFOR personnel.

2.
The Host State shall provide, free of charge, facilities of
which it is the owner, and facilities owned by private legal
the
entities,
conduct of EUFOR’s administrative and operational activities.

such facilities are required for

in so far as

3. Within its means and capabilities, the Host State shall
assist in the preparation, establishment, and execution of and
for the operation. The Host State’s assistance and
support
support of the operation shall be provided under the same
conditions as the assistance and support given to the Host
State’s armed forces.

EUFOR shall be authorised to take the measures necessary
including those used for its training,

2.
to protect its facilities,
against any external attack or intrusion.

The EU Force Commander may establish a military police

3.
unit in order to maintain order in EUFOR facilities.

The military police unit may also,

4.
in consultation and
cooperation with the military police or the police of the Host
State, act outside those facilities to ensure the maintenance of
good order and discipline among EUFOR personnel.

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Article 14

Communications

(b) for claims above the amount referred to in point (a), be
the decisions of

submitted to an arbitration tribunal,
which shall be binding.

as well

EUFOR may install and operate radio sending and
1.
shall
as
receiving stations,
cooperate with the Host State’s competent authorities with a
view to avoiding conflicts in the use of appropriate frequencies.
The Host State shall grant access to the frequency spectrum free
of charge.

systems.

satellite

It

telephone,

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

telegraph,

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

Installation of

the abovementioned equipment shall be
4.
carried out
in close cooperation with the Host State in
accordance with the arrangements laid down in Article 18 of
this Agreement.

Article 15

Claims for death, injury, damage and loss

5.
The arbitration tribunal shall be composed of three arbi-
trators, one arbitrator being appointed by the Host State, one
arbitrator being appointed by EUFOR and the third one being
appointed jointly by the Host State and EUFOR. Where one of
the parties does not appoint an arbitrator within two months or
where no agreement can be found between the Host State and
EUFOR on the appointment of the third arbitrator, the arbi-
trator in question shall be appointed by the President of the
Court of Justice of the European Communities.

arrangement

An administrative

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

shall be

Article 16

Liaison and disputes

All

1.
issues arising in connection with the application of
this Agreement shall be settled jointly by representatives of
EUFOR and the Host State’s competent authorities.

1.
EUFOR and EUFOR personnel shall not be liable for any
damage to or loss of civilian or government property which are
related to operational necessities or caused by activities in
connection with civil disturbances or protection of EUFOR.

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 Host State and EU
representatives.

2. With a view to reaching an amicable settlement, claims for
damage to or loss of civilian or government property not
covered by paragraph 1, as well as claims for death of or
injury to persons and for damage to or
loss of EUFOR
property, shall be forwarded to EUFOR via the competent
authorities of the Host State, as far as claims brought by legal
or natural persons from the Host State are concerned, or to the
competent authorities of the Host State, as far 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 Host State. Settlement of claims shall be reached by
common agreement.

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 Host State shall be responsible for their
implementation and for compliance with them on the part of
the appropriate Host State’s local authorities.

Nothing in this Agreement

2.
intended or may be
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

4. Where no settlement can be reached within the claims
commission, the dispute shall:

Article 18

Implementing arrangements

(a)

for claims up to and including EUR 40 000, be settled by
diplomatic means between the Host State and EU represen-
tatives;

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 Host State’s administrative authorities.

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Article 19

Entry into force and termination

date was earlier than the date of entry into force of
Agreement.

this

1.
This Agreement shall be applied provisionally as from the
day on which it is signed and it shall enter into force when each
of the Parties has completed its national approval procedures
and remain in force until the date of departure of the last
EUFOR element and of the last EUFOR personnel, as notified
by EUFOR.

2.
Notwithstanding paragraph 1, the provisions laid down in
Article 4(7), Article 5(1) to (3), (6) and (7), Article 6(1), (3), (4),
(6) and (8) to (10), Article 10(2), Article 11, Article 13(1) and
(2) and Article 15 shall be deemed to have applied from the
date on which the first EUFOR personnel were deployed if that

This Agreement may be amended by written agreement

3.
between the Parties.

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

Done at N’Djamena, 6 March 2008 in four original copies, in
French.