Agreement between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau
Date: 2008-07-11
Institutions: European Union, Guinea-Bissau
Subjects: EU police cooperation, Guinea-Bissau, agreement (EU), armed forces, common foreign and security policy, peacekeeping, public safety, the EU's international role

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Official Journal of the European Union

14.8.2008

TRANSLATION

AGREEMENT

between the European Union and the Republic of Guinea-Bissau on the Status of the European
Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau

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

of the one part, and

THE REPUBLIC OF GUINEA-BISSAU, hereinafter referred to as ‘the Host State’,

of the other part,

Together hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the Exchange of Letters between the Secretary-General/High Representative for the Common Foreign and Security
Policy,
João Bernardo Vieira,
concerning a possible European Union mission in support of security sector reform in the Republic of Guinea-Bissau,

Javier Solana, and His Excellency the President of the Republic of Guinea-Bissau,

— the Council Joint Action 2008/112/CFSP of 12 February 2008 on the European Union mission in support of security

sector reform in the Republic of Guinea-Bissau (EU SSR Guinea-Bissau) (1),

— 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

1.
This Agreement
mission and its personnel.

shall apply to the European Union

This Agreement shall apply only within the territory of

2.
the Host State.

3.

For the purpose of this Agreement:

(b) ‘Head of Mission’ shall mean the Head of Mission of EU SSR
Guinea-Bissau, appointed by the Council of the European
Union;

(c)

‘EU SSR personnel’
shall mean the Head of Mission,
personnel seconded by EU Member States and EU insti­
tutions and non-EU States invited by the EU to participate
in EU SSR Guinea-Bissau, international staff recruited on a
contractual basis by EU SSR Guinea-Bissau deployed for the
preparation, support and implementation of the mission,
and personnel on mission for a Sending State or an EU
institution in the framework of the mission. It shall not
include commercial contractors or personnel employed
locally;

(a)

‘EU SSR Guinea-Bissau’ shall mean the EU mission in the
Host State established by Joint Action 2008/112/CFSP,
including its components, forces, units, headquarters and
personnel deployed in the territory of the Host State and
assigned to EU SSR Guinea-Bissau;

(1) OJ L 40, 14.2.2008, p. 11.

(d) ‘headquarters’ shall mean the EU SSR Guinea-Bissau main

headquarters in Bissau;

(e)

‘Sending State’ shall mean any EU Member State or non-EU
State that has seconded personnel to EU SSR Guinea-Bissau;

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(f)

‘facilities’
shall mean all buildings, premises and land
required for
the activities of EU SSR
Guinea-Bissau, as well as for the accommodation of EU
SSR Guinea-Bissau personnel;

the conduct of

(g)

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

facilitate the entry into and the
The Host Party shall
2.
departure from the territory of
the Host State for EU SSR
Guinea-Bissau and EU SSR Guinea-Bissau personnel. Except
for passport control on entry into and departure from the
territory of the Host State, EU SSR Guinea-Bissau personnel,
with proof of membership of the mission, shall be exempt
from passport, customs control, visa and immigration regu­
lations and any form of
immigration inspection within the
Host State’s territory.

Article 2

General provisions

EU SSR Guinea-Bissau and EU SSR Guinea-Bissau
1.
personnel shall respect the laws and regulations of the Host
State and shall refrain from any action or activity incompatible
with the objectives of the mission.

2.
EU SSR Guinea-Bissau shall be autonomous with regard to
the execution of its functions under the present Agreement. The
Host State shall respect the unitary and international nature of
EU SSR Guinea-Bissau.

The Head of Mission shall

the Host State of

regularly

inform the
the number of EU SSR
stationed within the Host State’s

3.
Government of
Guinea-Bissau personnel
territory.

Article 3

Identification

1.
EU SSR Guinea-Bissau personnel shall be provided with
and identified by an EU SSR Guinea-Bissau identification card,
which they shall be obliged to carry with them at all times. The
relevant authorities of the Host State shall be provided with a
specimen of an EU SSR Guinea-Bissau identification card.

2.
Vehicles and other means of transport of EU SSR Guinea-
Bissau shall bear distinctive EU SSR Guinea-Bissau identification
markings and/or
registration plates, which shall be com­
municated to the relevant authorities of the Host State.

3.
EU SSR Guinea-Bissau shall have the right to display the
flag of the EU at its main headquarters and elsewhere, alone or
together with the flag of the Host State, as decided by the Head
of Mission. National flags or insignia of the constituent national
elements of EU SSR Guinea-Bissau may be displayed on EU SSR
Guinea-Bissau premises, vehicles and uniforms, as decided by
the Head of Mission.

3.
EU SSR Guinea-Bissau personnel shall be exempt from the
regulations of the Host State governing the registration and
aliens, but
control of
to
shall not
residence or domicile within the Host State’s
permanent
territory.

acquire

right

any

EU SSR Guinea-Bissau assets and means of

transport
4.
transiting or exiting the Host State’s territory in
entering,
support of that mission shall be exempt from any requirement
to produce inventories or other customs documentation and
from any inspection.

Vehicles and aircraft used in support of the mission shall
5.
not be subject to local
licensing or registration requirements.
Relevant international standards and regulations shall continue
to apply. If required, supplementary arrangements as referred to
in Article 19 shall be concluded.

EU SSR Guinea-Bissau personnel may drive motor
6.
vehicles, navigate vessels and operate aircraft within the
territory of the Host State provided they have valid national
or international driving licences, ship’s master’s certificates or
pilot licences, as appropriate. The Host State shall accept as
valid, without tax or fee, driving licences or permits carried
by EU SSR Guinea-Bissau personnel.

7.
EU SSR Guinea-Bissau and EU SSR Guinea-Bissau
personnel together with their vehicles, aircraft or any other
means of transport, equipment and supplies shall enjoy free
the
and unrestricted movement
Host State,
If
including its
necessary, supplementary arrangements may be concluded in
accordance with Article 19.

the territory of
and airspace.

throughout
territorial

sea

Article 4

Border crossing and movement within the Host State’s
territory

1.
EU SSR Guinea-Bissau personnel, assets and means of
transport shall cross the border of the Host Party at official
border crossings, sea ports and via international air corridors.

8.
For the purposes of the mission, EU SSR Guinea-Bissau
personnel, and local personnel employed by EU SSR Guinea-
Bissau when travelling on official duties, may use roads, bridges,
ferries, airports and ports without payment of duties, fees, tolls,
taxes or other charges. EU SSR Guinea-Bissau shall not be
exempt
from reasonable charges for services requested and
received under the conditions that apply to those provided to
the Host State’s personnel.

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Article 5

Privileges and immunities of EU SSR Guinea-Bissau granted
by the Host State

EU SSR Guinea-Bissau’s premises shall be inviolable. The
1.
Host State’s agents shall not enter them without the consent of
the Head of Mission.

EU SSR Guinea-Bissau’s premises, their furnishings and
2.
other assets therein as well as their means of transport shall
be immune from search, requisition, attachment or execution.

3.
EU SSR Guinea-Bissau, its property and assets, wherever
located and by whomsoever held, shall enjoy immunity from
every form of legal process.

EU SSR Guinea-Bissau’s archives and documents shall be

4.
inviolable at any time, wherever they may be.

5.
The official correspondence of EU SSR Guinea-Bissau shall
be inviolable. Official correspondence means all correspondence
relating to the mission and its functions.

6.
In respect of purchased and imported goods, services
provided and premises used by EU SSR Guinea-Bissau for the
purposes of the mission, EU SSR Guinea-Bissau shall be exempt
from all national, regional and communal dues,
taxes and
charges of a similar nature. EU SSR Guinea-Bissau shall not
be
represent
taxes or
payment for services rendered.

from dues,

charges

exempt

that

7.
The Host State shall permit the entry of articles for the
mission 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 EU SSR Guinea-Bissau
personnel granted by the Host State

EU SSR Guinea-Bissau personnel shall not be liable to any

1.
form of arrest or detention.

Papers, correspondence and property of EU SSR Guinea-
in case of
to

2.
Bissau personnel shall enjoy inviolability, except
measures of
paragraph 6.

execution which are permitted pursuant

SSR Guinea-Bissau personnel may be waived by the Sending
State or EU institution concerned, as the case may be. Such
waiver must always be express.

4.
EU SSR Guinea-Bissau personnel shall enjoy immunity
from the civil and administrative jurisdiction of the Host State
in respect of
spoken or written utterances and all acts
performed by them in the exercise of their official functions.
If any civil proceeding is instituted against EU SSR Guinea-
Bissau personnel before any Host State court,
the Head of
Mission and the competent authority of the Sending State or
EU institution shall be notified immediately. Prior to initiation
of the proceeding before the court, the Head of Mission and the
competent authority of the Sending State or EU institution shall
certify to the court whether the act in question was committed
by EU SSR Guinea-Bissau personnel
in the exercise of their
official functions. If the act was committed in the exercise of
official functions, the proceeding shall not be initiated and the
provisions of Article 16 shall apply.
the act was not
committed in the exercise of official functions, the proceeding
may continue. The certification by the Head of Mission and the
competent authority of the Sending State or EU institution shall
be binding upon the jurisdiction of the Host State, which may
not contest it.

If

The
initiation of proceedings by EU SSR Guinea-Bissau
personnel shall preclude them from invoking immunity from
jurisdiction in respect of any claim/appeal directly connected
with the principal complaint.

EU SSR Guinea-Bissau personnel are not obliged to give

5.
evidence as witnesses.

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

The immunity of EU SSR Guinea-Bissau personnel from
7.
the jurisdiction of the Host State does not exempt them from
the jurisdictions of the respective Sending States.

EU SSR Guinea-Bissau personnel shall enjoy immunity
3.
from the criminal
the Host State under all
circumstances. The immunity from criminal jurisdiction of EU

jurisdiction of

8.
EU SSR Guinea-Bissau personnel shall, with respect to
services rendered for EU SSR Guinea-Bissau, be exempt from
social security provisions which may be in force in the Host
State.

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EU SSR Guinea-Bissau personnel shall be exempt from
9.
any form of
taxation in the Host State on the salary and
emoluments paid to them by EU SSR Guinea-Bissau or the
Sending States, as well as on any income received from
outside the Host State.

specific provisions proposed by the Host State shall be agreed
with the Head of Mission before implementation. The Host
State shall permit and support
free of any charge activities
relating to the medical evacuation of EU SSR Guinea-Bissau
personnel. If required, supplementary arrangements as referred
to in Article 19 shall be concluded.

The Host 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, transport and similar services, on
articles for the personal use of EU SSR Guinea-Bissau personnel.
The Host State shall also allow the export of such articles. For
goods and services purchased on the domestic market, EU SSR
Guinea-Bissau personnel shall be exempt from value added tax
and taxes according to the laws of the Host State.

The personal baggage of

11.
EU SSR Guinea-Bissau
personnel shall be exempt from inspection, unless there are
serious grounds for presuming that
it contains articles that
are not
the personal use of EU SSR Guinea-Bissau
for
the import or export of which is
personnel, or articles
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 EU SSR Guinea-Bissau personnel
concerned or of an authorised representative of EU SSR Guinea-
Bissau.

Article 7

Personnel employed locally

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

Article 8

Criminal jurisdiction

The competent authorities of a Sending State shall have the
right to exercise within the territory of the Host State all the
criminal jurisdiction and disciplinary powers conferred on them
by the law of the Sending State with regard to all EU SSR
Guinea-Bissau personnel subject
the
Sending State.

to the relevant

law of

Article 9

Security

1.
The Host State, through its own capabilities, shall assume
full responsibility for the security of EU SSR Guinea-Bissau
personnel.

To that end,

2.
take all necessary
the Host State shall
measures for the protection, safety and security of EU SSR
Guinea-Bissau and EU SSR Guinea-Bissau personnel. Any

Article 10

Uniform

EU SSR Guinea-Bissau personnel

1.
shall wear national
uniform or civilian dress with EU SSR Guinea-Bissau identifi­
cation.

The wearing of uniform shall be subject to rules issued by

2.
the Head of Mission.

Article 11

Cooperation and access to information

1.
The Host State shall provide full cooperation and support
to EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel.

2.
If requested and necessary for the accomplishment of the
EU SSR Guinea-Bissau mission, the Host State shall provide EU
SSR Guinea-Bissau personnel with effective access to:

(a) buildings, premises, locations and official vehicles within the

control of the Host State;

(b) documents, materials and information within its control

relevant to the mandate of EU SSR Guinea-Bissau.

required,

If
Article 19 shall be concluded.

supplementary arrangements as

referred to in

3.
The Head of Mission and the Host State shall consult
regularly and take appropriate measures to ensure close and
reciprocal
liaison at every appropriate level. The Host State
may appoint a liaison officer to EU SSR Guinea-Bissau.

Article 12

Host State support and contracting

The Host State agrees,

1.
if requested,
Guinea-Bissau in finding suitable premises.

to assist EU SSR

2.
The Host State shall provide free of charge, if required and
available, premises owned by the Host State and premises
owned by private legal entities, in so far as such premises are
necessary for the conduct of administrative and operational
activities of EU SSR Guinea-Bissau.

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3. Within its means and capabilities, the Host State shall
assist in the preparation, establishment and execution of and
support for the mission,
including co-location premises and
equipment for EU SSR Guinea-Bissau experts.

frequencies. The Host State shall grant access to the frequency
spectrum free of charge.

The Host State’s assistance and support of the mission
4.
shall be provided under the same conditions as the assistance
and support given to the Host State’s personnel.

5.
The law applicable to contracts concluded by EU SSR
Guinea-Bissau in the Host State shall be determined by the
respective contracts.

The contract may stipulate that

6.
the dispute settlement
procedure referred to in Article 16(3) and (4) shall be applicable
to disputes arising from the application of the contract.

Article 13

Change to premises

EU SSR Guinea-Bissau shall be authorised to construct, alter or
otherwise modify premises as necessary for its operational
requirements.

No compensation shall be requested from EU SSR Guinea-
Bissau by the Host State for those constructions, alterations
or modifications.

Article 14

Deceased EU SSR Guinea-Bissau personnel

1.
The Head of Mission shall have the right to take charge of
and make suitable arrangements for the repatriation of any
deceased EU SSR Guinea-Bissau personnel, as well of
their
personal property.

2.
No autopsy shall be performed on any deceased members
of EU SSR Guinea-Bissau without the agreement of the Sending
State, and the presence of a representative of EU SSR Guinea-
Bissau and/or the State concerned.

3.
The Host State and EU SSR Guinea-Bissau shall cooperate
to the fullest extent possible with a view to early repatriation of
deceased EU SSR Guinea-Bissau personnel.

Article 15

Communications

EU SSR Guinea-Bissau shall enjoy the right to unrestricted
2.
communication by radio (including satellite, mobile and hand-
held radio), telephone, telegraph, facsimile and other means, as
well as the right to install the equipment necessary for the
maintenance of such communications within and between EU
SSR Guinea-Bissau premises, including the laying of cables and
land lines for the purpose of the operation.

arrangements necessary for

3. Within its own premises EU SSR Guinea-Bissau may make
the
conveyance of mail
addressed to and from EU SSR Guinea-Bissau and/or EU SSR
Guinea-Bissau personnel.

the

Article 16

Claims for death, injury, damage and loss

1.
EU SSR Guinea-Bissau and EU SSR Guinea-Bissau
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 distur­
bances or protection of EU SSR Guinea-Bissau.

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 EU SSR
Guinea-Bissau property, shall be forwarded to EU SSR Guinea-
Bissau 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 EU SSR Guinea-Bissau 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 EU SSR Guinea-Bissau and
representatives of the Host State. Settlement of claims shall be
reached by common agreement.

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

(a)

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

1.
EU SSR Guinea-Bissau may install and operate radio
sending and receiving stations, as well as satellite systems. It
shall cooperate with the Host State’s competent authorities with
in the use of appropriate
a view to avoiding conflicts

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

submitted to an arbitration tribunal,
which shall be binding.

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The arbitration tribunal shall be composed of three arbi­
5.
trators, one arbitrator being appointed by the Host State, one
arbitrator being appointed by EU SSR Guinea-Bissau and the
third one being appointed jointly by the Host State and EU SSR
Guinea-Bissau. 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 EU SSR Guinea-Bissau on the
appointment of the third arbitrator, the arbitrator in question
shall be appointed by the President of the Court of Justice of the
European Communities.

arrangement

An administrative

6.
concluded
between EU SSR Guinea-Bissau and the administrative authori­
the Host State in order to determine the terms of
ties of
reference of
the
the claims commission and the tribunal,
procedure applicable within these bodies and the conditions
under which claims are to be lodged.

shall be

Article 17

Liaison and disputes

All

issues arising in connection with the application of
1.
this Agreement shall be examined jointly by representatives of
EU SSR Guinea-Bissau and the Host State’s competent authori­
ties.

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 18

Other provisions

1. Whenever this Agreement refers to the privileges,
im­
munities and rights of EU SSR Guinea-Bissau and of EU SSR
the Government of the Host State
Guinea-Bissau personnel,
implementation and for
shall be

responsible

their

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 EU SSR
Guinea-Bissau under other agreements.

is

Article 19

Implementing arrangements

For the purposes of the application of this Agreement, oper­
ational, administrative and technical matters may be the subject
of separate arrangements to be concluded between the Head of
Mission and the Host State’s administrative authorities.

Article 20

Entry into force and termination

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 EU SSR Guinea-Bissau personnel, as
notified by EU SSR Guinea-Bissau.

Notwithstanding paragraph 1, the provisions contained in
2.
Articles 4(8), 5(1) to (3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(8) to
(10), 13 and 16 shall be deemed to have applied from the date
on which the first EU SSR Guinea-Bissau personnel were
deployed if that date was earlier than the date of entry into
force of this Agreement.

This Agreement may be amended by written agreement

3.
between the Parties.

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 Bissau, on 11 July 2008, in two original versions in the Portuguese language.

For the European Union

For the Republic of Guinea-Bissau

J.-F. PAROT

M.-C. NOBRE CABRAL