Agreement between the European Union and the United States of America on the participation of the United States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Date: 2008-10-22
Institutions: European Union, United States
Subjects: EU police mission, Kosovo, United States, agreement (EU), rule of law, the EU's international role

25.10.2008

EN

Official Journal of the European Union

L 282/33

between the European Union and the United States of America on the participation of the United
States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

AGREEMENT

THE EUROPEAN UNION (EU or EUROPEAN UNION),

of the one part, and

THE UNITED STATES OF AMERICA (UNITED STATES),

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the shared desire of the European Union and the United States to collaborate closely in supporting the development

of Kosovo’s democratic standards, in particular those relating to the Rule of Law,

— 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 (hereinafter referred to as EULEX KOSOVO),

— the invitation to the United States of 18 February 2008 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 United
States in the EU-led operation,

— the Political and Security Committee Decision EULEX/2/2008 of 22 April 2008, which accepted the United States

contribution to EULEX KOSOVO,

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

1.
The United States shall associate itself with Joint Action
2008/124/CFSP on the European Union Rule of Law Mission in
Kosovo, EULEX KOSOVO and with any Joint Action or Decision
by which the Council of the European Union decides to extend
EULEX KOSOVO,
this
Agreement and any implementing arrangements.

in accordance with the provisions of

The contribution of the United States to EULEX KOSOVO is
2.
without prejudice to the decision-making autonomy of
the
European Union. The Committee of Contributors, made up of
EU Member States, the United States and other non-EU States
participating in EULEX KOSOVO, will play a key role in the day-
to-day management of the mission; the views of the Committee
will be taken into account by the Political and Security
Committee which exercises political control and strategic
direction over EULEX KOSOVO.

The United States shall ensure that persons made available
its contribution to EULEX KOSOVO (hereinafter

3.
as part of
seconded personnel) undertake their mission consistent with:

— Joint Action 2008/124/CFSP and possible

subsequent

amendments,

— the EULEX KOSOVO Operation Plan,

— possible implementing arrangements, and

— this Agreement.

4.
The United States shall ensure that seconded personnel
carry out their duties and conduct themselves in a manner
fully supportive of
the objectives and interests of EULEX
KOSOVO.

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The United States shall

inform in due time the Civilian
5.
Operations Commander and the Head of Mission of EULEX
KOSOVO (hereinafter referred to as Head of Mission) of any
change to its contribution to EULEX KOSOVO. The participation
of the United States under this Agreement in EULEX KOSOVO
shall be subject to the availability of appropriated funds.

6.
A competent medical authority of the United States shall
certify seconded personnel as medically fit for duty, following
medical examination and any necessary vaccinations. Personnel
seconded to EULEX KOSOVO shall produce a copy of this certi­
fication.

Article 2

Status of personnel

The status of seconded personnel serving in Kosovo shall
1.
be governed by Article 10(1) of Joint Action 2008/124/CFSP;
such personnel shall enjoy privileges and immunities accorded
on the basis of relevant UN documents including UNSCR 1244,
relevant provisions of the law applicable in Kosovo, and other
pertinent documents and correspondence.

Article 4

Chain of command

The Civilian Operations Commander

1.
exercise
command and control over EULEX KOSOVO at the strategic
level. The Head of Mission shall assume responsibility for and
exercise command and control over EULEX KOSOVO at theatre
level.

shall

2.
The Head of Mission shall exercise command and control
over seconded personnel, teams and units from contributing
States as assigned by the Civilian Operations Commander and
shall exercise administrative and logistic responsibility including
over assets, resources and information placed at the disposal of
EULEX KOSOVO.

in terms of

The United States shall have the same rights and obli­
the
the European
in accordance with the

3.
gations
operation as participating Member States of
Union taking part in the operation,
legal instruments referred to in Article 1(1).

the day-to-day management of

2.
The status of any seconded personnel serving in head­
quarters or command elements located outside Kosovo shall
be governed by arrangements between the headquarters and
command elements concerned and the United States.

4.
The Head of Mission shall be responsible for disciplinary
control over the personnel of EULEX KOSOVO. Any disciplinary
action shall be the responsibility of the United States.

3.
The United States shall exercise exclusive legal jurisdiction
over seconded personnel, to the extent permitted by its own
laws and regulations and without prejudice to the provisions on
the status of the personnel referred to in paragraph 1.

A National Contingent Leader (NCL) shall be appointed by
5.
the United States 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.

4.
The United States shall be responsible for answering any
claims arising from its participation in EULEX KOSOVO, from or
concerning any of its seconded personnel. The United States
shall be responsible, at its discretion, for bringing any action,
in particular legal or disciplinary, against any of its seconded
personnel, in accordance with its laws and regulations.

5.
The United States 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.

6.
The Member States of the European Union undertake to
make a declaration as regards the waiver of claims, for the
participation of the United States in EULEX KOSOVO, and to
do so when signing this Agreement.

Article 3

Classified information

The
agreement between the European Union and the
government of the United States of America on the security
of classified information, done at Washington on 30 April
2007, shall apply in the context of EULEX KOSOVO.

6.
The decision to end the operation shall be taken by the
European Union, following consultation with the United States,
provided that the United States is still contributing to EULEX
KOSOVO on the date of that decision.

Article 5

Financial aspects

The United States shall assume the costs associated with its
in Article 9(4) of
participation in the operation as set out
Joint Action 2008/124/CFSP, unless covered by common
funding, as set out in the operational budget of the mission.

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 United States.

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Article 7

Dispute settlement

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

Article 8

Entry into force and termination

This Agreement shall enter into force on the date of signature and shall remain in force until it is

1.
terminated.

2.

Either Party may terminate this Agreement upon two months written notice to the other party.

Done at Brussels, in duplicate, in the English language, this

day of October, 2008.

For the European Union

For the United States of America

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ANNEX

DECLARATIONS

Referred to in Article 2(5) and (6)

Declaration by the EU Member States
‘The EU Member States applying the EU Joint Action 2008/124/CFSP of 4 February 2008 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 United States 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 United States 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 United States, 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 United States using those assets.’

Declaration by the United States
‘As a participant to the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, established by the EU Joint
Action 2008/124/CFSP of 4 February 2008, the United States 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.’