Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Date: 2008-07-29
Institutions: European Union, Switzerland
Subjects: EU police mission, Kosovo, Switzerland, agreement (EU), rule of law, the EU's international role

L 217/24

EN

Official Journal of the European Union

13.8.2008

between the European Union and the Swiss Confederation on the participation of the Swiss
Confederation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

AGREEMENT

THE EUROPEAN UNION (EU),

of the one part, and

THE SWISS CONFEDERATION,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the adoption by the Council of the European Union of Joint Action 2008/124/CFSP of 4 February 2008 on the

European Union Rule of Law Mission in Kosovo, EULEX KOSOVO,

— the invitation to the Swiss Confederation to participate in the European Union Rule of Law Mission in Kosovo, EULEX

KOSOVO,

— the successful completion of the Force Generation process and the recommendation by the EU Civilian Operation
Commander and the Committee for Civilian Aspects of Crisis Management to agree on the participation of the Swiss
Confederation in the EU-led operation,

— the Political and Security Committee Decision EULEX/2/2008 of 22 April 2008 on the acceptance of the Swiss

Confederation’s contribution to the EU Rule of Law Mission in Kosovo, EULEX KOSOVO,

HAVE AGREED AS FOLLOWS:

Article 1

— the Operation Plan,

Participation in the operation

1.
The Swiss Confederation shall associate itself with the
Joint Action 2008/124/CFSP of 4 February 2008 on the
European Union Rule of Law Mission in Kosovo, EULEX
KOSOVO (hereinafter ‘EULEX KOSOVO’), and with any Joint
Action or Decision by which the Council of
the European
Union decides to extend EULEX KOSOVO, in accordance with
the provisions of this Agreement and any required implemen­
ting arrangements.

The contribution of the Swiss Confederation to EULEX
decision-making

2.
KOSOVO is without prejudice
autonomy of the European Union.

to the

3.
The Swiss Confederation shall ensure that its personnel
participating in the EULEX KOSOVO undertake their mission
in conformity with:

— implementing measures.

Personnel seconded to EULEX KOSOVO by the Swiss
4.
Confederation shall carry out their duties and conduct them­
selves solely with the interest of EULEX KOSOVO in mind.

The Swiss Confederation shall

5.
inform in due time the
Civilian Operation Commander and the Head of Mission of
EULEX KOSOVO (hereinafter ‘Head of Mission’) of any change
to its contribution to EULEX KOSOVO.

— the Joint Action 2008/124/CFSP on European Union Rule
of Law Mission in Kosovo, EULEX KOSOVO and possible
subsequent amendments,

6.
Personnel seconded to EULEX KOSOVO shall undergo a
medical examination, vaccination and be certified medically fit
for duty by a competent authority from the Swiss Confe­
deration. Personnel
seconded to EULEX KOSOVO shall
produce a copy of this certification.

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Official Journal of the European Union

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Article 2

Status of personnel

exchange of classified information, the provisions of such an
agreement shall apply in the context of EULEX KOSOVO.

the personnel

The status of

1.
contributed to EULEX
KOSOVO by the Swiss Confederation shall be governed by
the provisions on the status of mission, as provided by
Article 10(1)
of
4 February on the European Union Rule of Law Mission in
Kosovo, EULEX KOSOVO.

Joint Action 2008/124/CFSP

the

of

Article 4

Chain of command

All personnel participating in EULEX KOSOVO shall
1.
remain under the full command of their national authorities.

2.
The status of personnel contributed to headquarters or
command elements located outside Kosovo, shall be governed
by arrangements between the headquarters and command
elements concerned and the Swiss Confederation.

National authorities shall transfer operational control to
exercise

2.
the Civilian Operations Commander, who shall
command and control at the strategic level.

3. Without prejudice to the agreement on the status of
mission referred to in paragraph 1 of this Article, if available,
the Swiss Confederation shall exercise jurisdiction over
its
personnel participating in EULEX KOSOVO.

3.
The Head of Mission shall assume responsibility and
exercise command and control of EULEX KOSOVO at theatre
level.

claims,

Swiss Confederation shall be

for
4.
The
its
answering any
personnel,
linked to the participation in EULEX KOSOVO.
The Swiss Confederation shall be responsible for bringing any
action,
its
personnel, in accordance with its laws and regulations.

in particular legal or disciplinary, against any of

responsible
concerning any of

from or

5.
The Swiss Confederation undertakes to make a declaration
as regards the waiver of claims against any State participating in
EULEX KOSOVO, and to do so when signing this Agreement. A
model for such a declaration is annexed to this Agreement.

6.
The European Union Member States undertake to make a
declaration as regards the waiver of claims, for the participation
of the Swiss Confederation in EULEX KOSOVO, and to do so
when signing this Agreement. A model for such a declaration is
annexed to this Agreement.

Article 3

Classified information

1.
The Swiss Confederation shall take appropriate measures
to ensure that EU classified information is protected in
accordance with the European Union Council’s security regu­
lations,
contained in Council Decision 2001/264/EC of
19 March 2001, and in accordance with further guidance
issued by competent authorities, including the Head of Mission.

2. Where
concluded an agreement on security procedures

the EU and the Swiss Confederation have
the

for

4.
The Head of Mission shall exercise command and control
over personnel, teams and units from contributing States as
assigned by the Civilian Operation Commander together with
administrative and logistic responsibility including over assets,
resources and information placed at
the disposal of EULEX
KOSOVO.

The Swiss Confederation shall have the same rights and
5.
the
obligations in terms of
operation as participating European Union Member States
in accordance with the legal
taking part
instruments referred to in Article 1, paragraph 1, of
this
Agreement.

the day-to-day management of

in the operation,

The Head of Mission shall be responsible for disciplinary
6.
the personnel of EULEX KOSOVO. Where
control over
required, disciplinary action shall be taken by the national
authority concerned.

7.
A National Contingent Leader (NCL) shall be appointed by
the Swiss Confederation to represent its national contingent in
EULEX KOSOVO. The NCL shall report to the Head of Mission
on national matters and shall be responsible for day-to-day
contingent discipline.

8.
The decision to end the operation shall be taken by the
European Union, following consultation with the Swiss Confe­
deration, provided that the Swiss Confederation is still contri­
buting to EULEX KOSOVO at the date of termination of the
operation.

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Official Journal of the European Union

13.8.2008

Article 5

Financial aspects

right to terminate this Agreement by serving a notice of one
month.

1.
The Swiss Confederation 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.

In case of death, injury, loss or damage to natural or legal
2.
persons from the territory where the operation is conducted, the
Swiss Confederation shall, when its liability has been estab­
lished, pay compensation under the conditions foreseen in the
agreement on the status of mission, if available, as referred to in
Article 2(1) of this Agreement.

Article 6

Arrangements to implement the Agreement

Any necessary technical and administrative arrangements in
pursuance of the implementation of this Agreement shall be
the Council of
concluded between the Secretary-General of
the European Union/High Representative for
the Common
Foreign and Security Policy, and the appropriate authorities of
the Swiss Confederation.

Article 8

Dispute settlement

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

Article 9

Entry into force

1.
This Agreement shall enter into force on the first day of
the first month after the Parties have notified each other of the
completion of
this
purpose.

the internal procedures necessary for

This Agreement shall be provisionally applied from the

2.
date of signature.

This Agreement shall remain in force for the duration of

3.
the Swiss Confederation’s contribution to the operation.

Article 7

Non-compliance

Done at Brussels, 29 July 2008.

Should one of the Parties fail to comply with its obligations laid
down in the previous Articles, the other Party shall have the

For the European Union

For the Swiss Confederation

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Official Journal of the European Union

L 217/27

ANNEX

DECLARATIONS

Declaration by the EU Member States

The EU Member States applying the EU Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in
Kosovo, EULEX KOSOVO, will endeavour, insofar as their internal legal systems so permit, to waive as far as possible
claims against the Swiss Confederation for injury, death of their personnel, or damage to, or loss of, any assets owned by
themselves and used by EULEX KOSOVO if such injury, death, damage or loss was caused by personnel from the Swiss
Confederation in the execution of their duties in connection with EULEX KOSOVO, except in case of gross negligence or
wilful misconduct, or arose from the use of any assets owned by the Swiss Confederation, provided that the assets were
used in connection with the operation and except in case of gross negligence or wilful misconduct of the personnel of
EULEX KOSOVO from the Swiss Confederation using those assets.

Declaration by the Swiss Confederation

As a participant to the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, established by the EU Joint
Action 2008/124/CFSP, the Swiss Confederation will endeavour, insofar as its internal legal system so permits, to waive
as far as possible claims against any other State participating in EULEX KOSOVO for injury, death of its personnel, or
damage to, or loss of, any assets owned by itself and used by EULEX KOSOVO if such injury, death, damage or loss was
caused by personnel
in the execution of their duties in connection with EULEX KOSOVO, except in case of gross
negligence or wilful misconduct, or arose from the use of any assets owned by States participating in EULEX
KOSOVO, provided that the assets were used in connection with the operation and except in case of gross negligence
or wilful misconduct of the personnel of EULEX KOSOVO using those assets.