Agreement between the European Union and the Central African Republic on the status of the European Union-led forces in the Central African Republic
Date: 2008-04-16
Institutions: Central African Republic, European Union
Subjects: Central African Republic, Chad, EU military mission, agreement (EU), forces abroad, military cooperation

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Official Journal of the European Union

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TRANSLATION

AGREEMENT

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

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

of the one part, and

THE CENTRAL AFRICAN REPUBLIC, 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),

— the fact that this Agreement does 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 (EUFOR)’ shall mean EU military
headquarters and national contingents contributing to the
operation, their equipment and their means of transport;

(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;

‘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 European Union
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;

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

required for EUFOR and EUFOR personnel;

(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

from passport

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

regulations,

and visa

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immigration
leaving or

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.

EUFOR assets and means of transport entering, transiting
3.
or exiting the Host State’s territory in support of the operation
shall be exempt from any requirement to produce inventories or
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
national,
international or military driving licences or pilot
licences, as appropriate.

For the purpose of the operation, the Host State shall
5.
grant EUFOR and EUFOR personnel
freedom of movement
and freedom to travel within its territory, including its air space.

EUFOR personnel must carry passports or military identity

1.
cards with them at all times.

For the purpose of the operation, EUFOR may carry out
including its air space, any

6.
within the Host State territory,
exercise or practice with weapons.

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.

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

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

the documents provided for

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’s

their

facilities,

furnishings and other assets
2.
transport shall be immune
therein as well as its means of
from search, requisition, attachment or execution. However,
the commander of the EU force may authorise the authorities
of the Host State to carry out a search; if so, the search shall be
made in the presence of the EU Force Commander’s represen-
tative.

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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.

the
EU Force Commander and the competent authority of
Sending State or EU institution shall certify to the court
whether
in question was committed by EUFOR
personnel in the exercise of their official functions.

the act

EUFOR’s archives and documents shall be inviolable at

4.
any time, wherever they may be.

5.
The official correspondence of EUFOR shall be inviolable.
Official correspondence means all correspondence relating to
the operation and its functions.

6.
In respect of purchased and imported goods, services
provided and facilities used by EUFOR for the purposes of
the operation, EUFOR, as well as those of
its providers or
contractors who are not nationals of the Host State, shall be
exempt from all national, regional and communal dues, taxes
and charges of a similar nature. EUFOR shall not be exempt
from dues, taxes or charges that represent payment for services
rendered.

7.
The Host State shall permit the entry of articles for the
operation and grant them exemption from all customs duties,
fees, tolls, taxes and similar charges other than charges for
storage, cartage and 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.

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
competent authority of the Sending State or EU institution is
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 are not 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.

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.

7.
The immunity of EUFOR personnel from the jurisdiction
of 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 under all circumstances.

EUFOR personnel shall, with respect to services rendered
8.
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
explained expressly.

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.

4.
EUFOR personnel shall enjoy immunity from the civil and
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
of the Sending State or EU institution shall be notified imme-
diately. Prior to initiation of the proceeding before the court, the

shall be subject

to
10. Members of EUFOR personnel
taxes, and related charges on
payment of customs duties,
articles for their personal use, with the exception of
items
already in their possession on entry to the Host State’s
territory and essential supplies. They are not exempt
from
payment of charges for storage, cartage and similar services
for their personal use.

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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.

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.

Article 8

Criminal jurisdiction

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
them by the law of
the Sending State with regard to all
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.

conditions as the assistance and support given to the Host
State’s armed forces.

The law applicable to contracts concluded by EUFOR in

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

The contract may stipulate that

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

The Host State shall

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

Article 11

Changes to facilities

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

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

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

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.

Article 10

Host State support and contracting

The Host State agrees,

1.
finding suitable facilities.

if requested, to assist EUFOR in

2. Within its means, the Host State shall provide, free of
charge, facilities of which it is the owner,
in so far as such
facilities are required for the conduct of EUFOR’s administrative
and operational activities. With regard to installations owned by
private legal entities, the Host State shall undertake to support,
at EUFOR’s expense, efforts to find and make available such
installations.

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

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

Article 13

Security of EUFOR and military police

The Host State shall

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

2.
EUFOR is authorised to take the measures necessary to
protect its facilities, including those used for its training, 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.

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The military police unit may also,

in consultation and
4.
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.

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

Article 14

Communications

as well

EUFOR may install and operate radio sending and
1.
receiving stations,
shall
as
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
radio),
facsimile and other means, as
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 landlines
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, in collaboration
with the competent authorities of the Host State if the EU
Force’s Commander deems this necessary.

EUFOR may make

Article 15

Claims for death, injury, damage and loss

EUFOR and EUFOR personnel shall not be liable for any
1.
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. 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 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 Host State. Settlement of claims shall be reached by
common agreement.

(a)

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

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

submitted to an arbitration tribunal,
which shall be binding.

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

concluded
6.
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 examined jointly by representatives of
EUFOR and the Host 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 Host State and EU
representatives.

Article 17

Other provisions

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

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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 Host State’s administrative authorities.

Notwithstanding paragraph 1, the provisions laid down in
2.
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
date was earlier than the date of entry into force of
this
Agreement.

Article 19

Entry into force and termination

This Agreement may be amended by written agreement

3.
between the Parties.

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 element and of the last EUFOR
personnel, as notified by EUFOR.

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 Bangui, 16 April 2008, in four original copies in the French language.

For the European Union

For the Central African Republic