Agreement between the European Union and Georgia on the status of the European Union Monitoring Mission in Georgia
Date: 2008-11-03
Institutions: European Union, Georgia
Subjects: Georgia, agreement (EU), cooperation policy, fact-finding mission

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Official Journal of the European Union

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between the European Union and Georgia on the status of the European Union Monitoring Mission
in Georgia

AGREEMENT

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

of the one part, and

GEORGIA, hereinafter referred to as ‘the Host State’,

of the other part,

Together hereinafter referred to as ‘the Parties’,

TAKING INTO ACCOUNT:

— the invitation letter by President Mikheil Saakashvili of 11 September 2008,

— the Council Joint Action 2008/736/CFSP of 15 September 2008 on the European Union Monitoring Mission in

Georgia, EUMM Georgia,

— 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.

(c)

‘EUMM Georgia 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
recruited on a
in EUMM Georgia,
international
contractual basis by EUMM Georgia 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;

staff

3.

For the purposes of this Agreement:

(d)

‘Headquarters’ shall mean the EUMM Georgia main head­
quarters in Tbilisi;

(a)

‘EUMM Georgia’ shall mean the EU Monitoring Mission in
Georgia, established by the Council of the European Union
in Joint Action 2008/736/CFSP, including its components,
forces, units, headquarters and personnel deployed in the
territory of the Host State and assigned to EUMM Georgia;

(e)

‘Sending State’ shall mean any EU Member State or non-EU
State that has seconded personnel to EUMM Georgia;

(b) ‘Head of Mission’ shall mean the Head of Mission of EUMM
Georgia, appointed by the Council of the European Union;

(f)

‘Facilities’
required for
Georgia, as well as for
Georgia personnel;

shall mean all buildings, premises and land
the activities of EUMM
the accommodation of EUMM

the conduct of

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(g)

‘Personnel employed locally’ shall mean personnel who are
nationals of or holders of permanent resident permit in the
Host State;

(h) ‘Contractor’ shall mean any person supplying to EUMM
Georgia goods and/or services related to EUMM Georgia
activities.

Article 2

General provisions

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

Article 4
Border crossing and movement within the Host State’s
territory

EUMM Georgia personnel and EUMM Georgia assets and
1.
means of transport shall cross the border of the Host Party at
official border crossings, sea ports and via international air
corridors.

facilitate the entry into and the
2.
The Host Party shall
the Host State for EUMM
departure from the territory of
Georgia and EUMM Georgia personnel. Except
for passport
control on entry into and departure from the territory of the
Host
EUMM Georgia personnel, with proof of
membership of the Mission, shall be exempt from passport,
customs control and procedures, visa and immigration regu­
immigration inspection within the
lations and any form of
host territory.

State,

2.
EUMM Georgia 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 EUMM Georgia.

EUMM Georgia personnel shall be exempt from the regu­
3.
lations of the Host State governing the registration and control
of aliens, but shall not acquire any right to permanent residence
or domicile within the Host State’s territory.

The Head of Mission shall
the Host State of

3.
government of
Georgia personnel stationed within the Host State’s territory.

inform the
the number of EUMM

regularly

4.
EUMM Georgia assets and means of transport entering,
transiting or exiting the Host State’s territory in support of
from any customs control
EUMM Georgia shall be exempt
and procedure.

Article 3

Identification

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.

EUMM Georgia personnel shall be provided with, and
1.
identified by, EUMM Georgia identification cards issued by the
Ministry of Foreign Affairs of the Host State, which they shall
be obliged to carry with them at all times. The relevant auth­
orities of the Host State shall be provided with a specimen of an
EUMM Georgia identification card.

required,

If
Article 20 shall be concluded.

supplementary arrangements as

referred to in

Vehicles and other means of transport of EUMM Georgia
2.
shall bear distinctive EUMM Georgia identification markings, an
example of which shall be provided to the relevant authorities
of the Host State, and/or specific diplomatic licence plates issued
by the relevant authorities of the Host State.

6.
EUMM Georgia personnel may drive motor vehicles,
navigate vessels and operate aircraft within the territory of the
Host State provided they have valid national or international
driving licences, shipmasters’ certificates or pilot licences, as
appropriate. The Host State shall accept as valid, without tax
or fee, driving licences or permits carried by EUMM Georgia
personnel.

EUMM Georgia shall have the right to display the flag of
3.
the EU at its 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
EUMM Georgia may be displayed on EUMM Georgia premises,
vehicles and uniforms, as decided by the Head of Mission.

7.
EUMM Georgia and EUMM Georgia personnel together
with their vehicles, aircraft or any other means of transport,
shall enjoy free and unrestricted
equipment and supplies
movement
the Host State,
including its territorial sea and airspace. If necessary, supple­
mentary arrangements may be concluded in accordance with
Article 20 of the present Agreement.

territory of

throughout

the

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For the purpose of the Mission, EUMM Georgia personnel,
8.
and local personnel
employed by EUMM Georgia when
travelling on official duties, may use roads, bridges ferries,
airports and ports without payment of duties, fees, tolls, taxes
or other charges. EUMM Georgia 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.

Article 6

Privileges and immunities of EUMM Georgia personnel
granted by the Host State

EUMM Georgia personnel shall not be liable to any form

1.
of arrest or detention, in accordance with international law.

EUMM Georgia assets and means of

transited or exited the Host State’s

transport which
9.
entered,
territory in
support of EUMM Georgia before the entry into force of this
Agreement shall be exempted from any customs control and
procedure.

Article 5

Privileges and immunities of EUMM Georgia granted by
the Host State

EUMM Georgia’s facilities shall be inviolable. The Host
1.
State’s agents shall not enter them without the consent of the
Head of Mission.

EUMM Georgia’s facilities,

2.
assets therein as well as their means of
immune from search, requisition, attachment or execution.

their furnishings and other
transport shall be

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

EUMM Georgia’s

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

archives

and documents

shall be

Papers, correspondence and property of EUMM Georgia
2.
personnel shall enjoy inviolability, except in case of measures
of execution which are permitted pursuant to paragraph 6 of
this Article.

3.
EUMM Georgia personnel shall enjoy immunity from the
criminal jurisdiction of the Host State under all circumstances.
The immunity from criminal
jurisdiction of EUMM Georgia
personnel may be waived by the Sending State or EU institution
concerned, as the case may be. Such waiver must always be
express.

4.
EUMM Georgia 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 EUMM Georgia personnel before any Host
State court, the Head of Mission and the competent authority
of the Sending State or EU institution shall be notified immedi­
ately. 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 EUMM Georgia 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 17 shall apply. If 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 is binding upon the jurisdiction of the Host State
who may not contest it.

The official correspondence of EUMM Georgia shall be
5.
inviolable. Official correspondence means all correspondence
relating to the mission and its functions.

The initiation of proceedings by EUMM Georgia personnel shall
preclude them from invoking immunity from jurisdiction in
respect of any counter-claim directly connected with the
principal claim.

In respect of purchased and imported goods, services
6.
provided and facilities used by it
the
mission, EUMM Georgia, shall be exempt from all national,
regional and communal dues, taxes and charges of a similar
nature. EUMM Georgia shall not be exempt from payment for
services rendered.

for the purposes of

7.
The Host State shall permit the entry of articles for the
mission and grant them exemption from all import, export and
transit permissions,
licences, customs duties, fees, tolls, taxes
and similar charges other than charges for storage, cartage
and other services rendered.

EUMM Georgia personnel are not obliged to give evidence

5.
as witnesses.

No measures of execution may be taken in respect of
6.
EUMM Georgia personnel, except
in the case where a civil
proceeding not related to their official functions is instituted
against them. Property of EUMM Georgia personnel, which is
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 judgement, decision or order. In civil
proceedings EUMM Georgia personnel shall not be subject to
any restrictions on their personal
to any other
measures of constraint.

liberty or

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The immunity of EUMM Georgia personnel from the juris­
them from the

7.
diction of
the Host State does not exempt
jurisdictions of the respective Sending States.

In cooperation with EUMM Georgia,

the Ministry of
4.
Finance of Georgia shall elaborate arrangements for implemen­
ting the tax exemptions envisaged by this Article.

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

Article 9

Disciplinary powers

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

The Host State shall, in accordance with such laws and
10.
regulations as
it may adopt, permit entry of and grant
exemption from all customs duties, taxes, and related charges
other than charges for storage, cartage and similar services, on
articles for the personal use of EUMM Georgia personnel. The
Host State shall also allow the export of such articles. For goods
and services purchased on the domestic market EUMM Georgia
personnel shall be exempt from VAT (the price shall not include
VAT) and taxes according to the laws of the Host Party.

The personal baggage of EUMM Georgia personnel shall
11.
be exempt from inspection, unless there are serious grounds for
presuming that it contains articles that are not for the personal
use of EUMM Georgia personnel, or articles the import or
export of which is prohibited by the law or controlled by the
quarantine regulations of the Host State. Such inspection shall
be conducted only in the presence of the concerned EUMM
Georgia personnel or of an authorised representative of
EUMM Georgia.

The competent authorities of a Sending State shall have the
right to exercise, on the territory of the Host State, all disci­
plinary powers conferred on them by the law of the Sending
State with regard to all EUMM Georgia personnel subject to the
relevant law of the Sending State.

Article 10

Security

1.
The Host State, through its own capabilities, shall assume
full responsibility for the security of EUMM Georgia personnel.

To that end,

2.
take all necessary
the Host State shall
measures for the protection, safety and security of EUMM
Georgia and EUMM Georgia personnel. Any 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 EUMM Georgia personnel.
If required, supple­
mentary arrangements as referred to in Article 20 shall be
concluded.

Article 11

Uniform

Article 7

Personnel employed locally

EUMM Georgia personnel shall wear national uniform or

1.
civilian dress with distinctive EUMM Georgia identification.

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 mission.

The wearing of uniform shall be subject to rules issued by

2.
the Head of Mission.

Article 8

Article 12

Tax exemptions for contractors

Cooperation and access to information

1.
The supply of goods and/or services to EUMM Georgia by
a contractor shall be exempt from indirect taxes (the price shall
not include tax).

The Host State shall provide full cooperation and support

1.
to EUMM Georgia and EUMM Georgia personnel.

2.
The import of goods by a contractor, purchased for
activities of EUMM Georgia, shall be exempt from all customs
duties, including VAT.

2.
If requested and necessary for the accomplishment of the
EUMM Georgia mission, the Host State shall provide EUMM
Georgia personnel with effective access to:

3.
EUMM Georgia shall incur no liability or responsibility to
the Host State authorities for any failure of contractors to
comply with Georgian laws regarding taxes.

— buildings,

facilities,

leased or occupied by the Host State relevant
mandate of EUMM Georgia,

locations and official vehicles owned,
to the

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— necessary documents, materials and information, within the
control of the Host State, for the fulfilment of the mandate
of EUMM Georgia.

Article 14

Change to facilities

required,

If
Article 20 shall be concluded.

supplementary arrangements as

EUMM Georgia shall be authorised to construct, alter or
its operational

1.
otherwise modify facilities as requested for
requirements.

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 EUMM Georgia.

2.
No compensation shall be requested from EUMM Georgia
by the Host State for those constructions, alterations or modi­
fications.

Article 13

Host State support and contracting

1.
The Host State agrees,
Georgia in finding suitable facilities.

if

requested,

to assist EUMM

2.
The Host State shall provide free of charge, if required and
available, facilities owned by the Host State, in so far as such
facilities are requested for the conduct of administrative and
operational activities of EUMM Georgia.

3. Within its means and capabilities, the Host State shall
assist in the preparation, establishment and execution of and
support
including co-location facilities and
equipment for EUMM Georgia experts.

for the Mission,

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 citizens.

Article 15

Deceased EUMM Georgia personnel

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

No autopsy shall be performed on any deceased members
2.
the State
the
of EUMM Georgia without
concerned, and the presence of a representative of EUMM
Georgia and/or the State concerned.

agreement of

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

Article 16

Communications

5.
EUMM Georgia shall have the necessary legal capacity
under the laws and regulations of the Host State in order to
fulfil its mission, and in particular for the purpose of opening
bank accounts and to acquire or dispose of movable property
and to be party to legal proceedings.

EUMM Georgia may install and operate radio sending and
1.
receiving stations, as well as
satellite systems. They shall
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.

6.
The law applicable to contracts concluded by EUMM
Georgia in the Host State shall be determined by the respective
contracts.

The contract may stipulate that

7.
the dispute settlement
procedure referred to in Article 17(3) and (4) shall be applicable
to disputes arising from the application of the contract.

EUMM Georgia shall enjoy the right

2.
to unrestricted
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
EUMM Georgia facilities,
including the laying of cables and
land lines for the purpose of the operation.

The Host State shall

8.
contracts
entities for the purpose of the operation.

facilitate the implementation of
concluded by EUMM Georgia with commercial

3. Within their own facilities EUMM Georgia may make the
arrangements necessary for the conveyance of mail addressed to
and from EUMM Georgia and/or EUMM Georgia personnel.

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Article 17

Claims for death, injury, damage and loss

1.
EUMM Georgia and EUMM Georgia 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 EUMM Georgia.

Article 18

Liaison and disputes

All

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

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
loss of EUMM
injury to persons and for damage to or
Georgia property, shall be forwarded to EUMM Georgia 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 EUMM Georgia 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 EUMM Georgia and represen­
tatives 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;

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 19

Other provisions

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

the government of

the Host State

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 EUMM
Georgia under other agreements.

is

Article 20

Implementing arrangements

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

submitted to an arbitration tribunal,
which shall be binding.

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 Head of
Mission and the Host State’s administrative authorities.

5.
The arbitration tribunal shall be composed of three arbi­
trators, one arbitrator being appointed by the Host State, one
arbitrator being appointed by EUMM Georgia and the third one
being appointed jointly by the Host State and EUMM Georgia.
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 EUMM Georgia 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.

Article 21

Final provisions

1.
This Agreement shall enter into force on the date of
receiving, through diplomatic channels, of the last written noti­
fication about
internal
procedures necessary for the entry into force of this Agreement.

fulfilment by the Parties of

the

arrangement

An administrative

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

commission and the

shall be

tribunal,

claims

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), 14 and 17 shall be deemed to have applied from the date
on which the first EUMM Georgia personnel were deployed if
that date was earlier than the date of entry into force of this
Agreement.

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Changes and amendments to this Agreement shall be made by the mutual consent of the Parties in
3.
writing. Changes and amendments shall be executed as separate protocols, which form an integral part of
this Agreement and shall enter into force in accordance with the rule of Article 21(1) of this Agreement.

This Agreement shall remain valid unless either Party informs the other Party in writing of its desire to
4.
terminate this Agreement. The termination of this Agreement shall enter into force after six months from
the date of receiving such notification. Termination of this Agreement shall not affect any rights or
obligations arising out of the execution of this Agreement before such termination.

Done at

, on

the English language.

, in two original copies, in

For the European Union

For Georgia