Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Date: 2008-11-24
Institutions: Croatia, European Union
Subjects: Croatia, EU police mission, Kosovo, agreement (EU), rule of law, the EU's international role

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Official Journal of the European Union

27.11.2008

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

AGREEMENT

THE EUROPEAN UNION (EU),

on the one part, and

THE REPUBLIC OF CROATIA,

on 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 (1),

— the invitation to the Republic of Croatia to participate in European Union Rule of Law Mission in Kosovo, EULEX

KOSOVO (hereinafter EULEX KOSOVO),

— the Political and Security Committee Decision of 7 February 2008 to confirm the invitation to the Republic of Croatia

to participate in EULEX KOSOVO on the basis of common cost exemption,

— 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
Republic of Croatia in EULEX KOSOVO,

— the decision by the Republic of Croatia of 2 July 2008 to participate in EULEX KOSOVO,

— the Political and Security Committee Decision of 4 July 2008 on the acceptance of the Republic of Croatia’s

contribution to EULEX KOSOVO,

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

1.
The Republic of Croatia shall associate itself with Joint
Action 2008/124/CFSP of 4 February 2008 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
in
accordance with the provisions of
this Agreement and any
required implementing arrangements.

to extend EULEX KOSOVO,

The contribution of the Republic of Croatia to EULEX
decision-making

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

to the

(1) OJ L 42, 16.2.2008, p. 92.

The Republic of Croatia shall ensure that its personnel
3.
participating in EULEX KOSOVO undertake their mission in
conformity with:

— Joint Action 2008/124/CFSP and possible

subsequent

amendments,

— the Operation Plan,

— implementing measures.

4.
Personnel seconded to EULEX KOSOVO by the Republic
of Croatia shall carry out their duties and conduct themselves
solely with the interest of EULEX KOSOVO in mind.

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The Republic of Croatia shall

inform in due time the
5.
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 provisions of the Agreement between the European
2.
Union and the Republic of Croatia on security procedures for
the exchange of classified information signed on 10 April
2006 (2) shall apply in the context of EULEX KOSOVO.

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

Article 4

Chain of command

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

Article 2

Status of personnel

the personnel

The status of

1.
contributed to EULEX
KOSOVO by the Republic of Croatia shall be governed by the
provisions on the status of mission,
in accordance with the
terms of Article 10(1) of Joint Action 2008/124/CFSP.

2. Without prejudice to the provisions on the status of
the
mission referred to in paragraph 1 of
Republic of Croatia
its
personnel participating in EULEX KOSOVO.

this Article,
jurisdiction over

exercise

shall

3.
The Republic of Croatia shall be responsible for answering
any claims, from or concerning any of its personnel, linked to
the participation in EULEX KOSOVO. The Republic of Croatia
shall be responsible for bringing any action, in particular legal
or disciplinary, against any of its personnel, in accordance with
its laws and regulations.

4.
The Republic of Croatia 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.

5.
The European Union Member States undertake to make a
declaration as regards the waiver of claims, for the participation
of the Republic of Croatia 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

National authorities shall transfer operational control to
exercise

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

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

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 Republic of Croatia shall have the same rights and
5.
the
obligations in terms of
operation as European Union Member States taking part in
the operation,
instruments
referred to in Article 1(1).

the day-to-day management of

in accordance with the

legal

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

A National Contingent Leader (hereinafter NCL) shall be
7.
appointed by the Republic of Croatia 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.

1.
The Republic of Croatia shall take appropriate measures to
ensure that EU classified information is protected in accordance
with the security regulations of the Council of the European
Union, contained in Council Decision 2001/264/EC (1), and in
accordance with further guidance issued by competent auth­
orities, including the Head of Mission.

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

(1) OJ L 101, 11.4.2001, p. 1.

(2) OJ L 116, 29.4.2006, p. 73.

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Article 5

Financial aspects

Article 7

Non-compliance

1.
The Republic of Croatia shall assume all the costs associ­
ated with its participation in the operation, apart from the costs
which are subject to common funding, as set out in the oper­
ational budget of the operation.

Should one of the Parties fail to comply with its obligations laid
down in this Agreement, the other Party shall have the right to
terminate this Agreement by giving a one month’s written
notice through diplomatic channels.

2.
In case of death, injury, loss or damage to the local popu­
lation or legal persons where the operation is conducted, the
Republic of Croatia shall, when its liability has been established,
foreseen in the
pay compensation under
the
provisions on the
referred to in
Article 2(1).

status of mission,

conditions

as

Article 6

Arrangements to implement this Agreement

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

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

This Agreement shall enter into force on the first day of
1.
the first month after
the Parties have notified each other
through diplomatic channels of the completion of the internal
procedures necessary for this purpose.

This Agreement shall be provisionally applied from the

2.
date of signature.

This Agreement shall remain in force for the duration of

3.
the Republic of Croatia’s contribution to the operation.

Done at

, on

in two originals in the English language.

For the European Union

For the Republic of Croatia

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ANNEX

DECLARATIONS

Referred to in Article 2(4) and (5)

Declaration by the EU Member States
‘The EU Member States applying 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 Republic of Croatia 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 Republic of Croatia 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 Republic of Croatia, 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 Republic of Croatia using those assets.’

Declaration by the Republic of Croatia
‘As a participant to the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, established by EU Joint Action
2008/124/CFSP of 4 February 2008, the Republic of Croatia will endeavour,
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:

insofar as its internal

— 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.’