Agreement between the European Union and the Republic of Djibouti on the status of the European Union-led forces in the Republic of Djibouti in the framework of the EU military operation Atalanta
Date: 2009-01-05
Institutions: Djibouti, European Union
Subjects: Djibouti, EU military mission, Somalia, UNO, agreement (EU), deterrent, maritime transport, military personnel, piracy, terrorism

3.2.2009

EN

Official Journal of the European Union

L 33/43

TRANSLATION

AGREEMENT

between the European Union and the Republic of Djibouti on the status of the European Union-led
forces in the Republic of Djibouti in the framework of the EU military operation Atalanta

THE EUROPEAN UNION (EU),

of the one part, and

THE REPUBLIC OF DJIBOUTI, hereinafter referred to as ‘the Host State’,

of the other part,

Together hereinafter referred to as the ‘Parties’,

Concerned by the upsurge in piracy and armed robbery against vessels transporting humanitarian aid and vessels sailing
off the Somali coast,

TAKING INTO ACCOUNT:

— United Nations (UN) Security Council Resolutions 1814 (2008), 1838 (2008) and 1846 (2008),

— the letter from the Republic of Djibouti dated 1 December 2008 accepting in particular the presence of members of

the EU naval force on its territory,

— Joint Action 2008/851/CFSP of the Council of the European Union of 10 November 2008 on a European Union
military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off
the Somali coast (operation Atalanta),

— 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

This Agreement shall apply to the European Union-led

1.
forces and to their personnel.

2.
This Agreement shall apply only within the territory of
the Host State, including its internal waters, territorial sea and
airspace.

1814 (2008) and 1816 (2008) and any subsequent relevant
UN Security Council Resolutions and the UN Convention
on the Law of the Sea signed on 10 December 1982;

(c)

‘Operation Commander’ shall mean the Commander of the
Operation;

(d)

‘EU Force Commander’ shall mean the Commander in the
theatre of operations;

3.

For the purpose of this Agreement:

(a)

‘European Union-led forces (EUNAVFOR)’ shall mean EU
military headquarters and national contingents contributing
to the operation, their vessels, their aircraft, their equipment
and their means of transport;

(e)

(f)

(b) ‘operation’

shall mean the preparation,

establishment,
execution and support of the military mission further to
the mandate arising out of UN Security Council Resolutions

‘EU military headquarters’ shall mean the military head­
location,
quarters and elements
under the authority of EU military commanders exercising
the military command or control of the operation;

thereof, whatever

their

in

‘national contingents’ shall mean units, vessels, aircraft and
elements,
and
embarked military forces on board merchant vessels,
belonging to the Member States of the European Union
and to other States participating in the operation;

detachments

protection

particular

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Official Journal of the European Union

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(g)

‘EUNAVFOR personnel’ shall mean the civilian and military
personnel assigned to EUNAVFOR as well as personnel
deployed for the preparation of the operation, personnel
on mission and police personnel
escorting persons
arrested by EUNAVFOR, for a Sending State or an EU insti­
tution in the framework of the operation, present, except as
otherwise provided in this Agreement, within the territory
of the Host State, with the exception of personnel employed
locally and personnel employed by international commercial
contractors;

(h) ‘personnel employed locally’ shall mean personnel who are
nationals of or permanently resident in the Host State;

(i)

(j)

‘facilities’ shall mean all premises, accommodation and land
required for EUNAVFOR and EUNAVFOR personnel;

‘Sending State’ shall mean a State providing a national
contingent for EUNAVFOR;

(k)

‘waters’ shall mean the internal waters and territorial sea of
the Host State and the airspace above those waters;

(l)

‘official correspondence’
relating to the operation and its functions.

shall mean all correspondence

Article 2

General provisions

1.
EUNAVFOR and EUNAVFOR 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
operation.

inform the government of

the Host
EUNAVFOR shall
2.
State,
in advance and on a regular basis, of the number of
EUNAVFOR personnel transiting through or stationed within
the Host State’s territory and of the identity of the vessels,
aircraft and units operating in the waters of the Host State or
making calls to its ports.

Article 3

Identification

1.
EUNAVFOR personnel present on the land territory of the
Host State must carry passports or military identity cards with
them at all times.

EUNAVFOR vehicles, aircraft, vessels and other means of
carry distinctive EUNAVFOR identification
registration plates, of which the relevant

2.
transport
markings and/or
Host State authorities shall be notified in advance.

shall

3.
EUNAVFOR shall have the right to display the flag of the
European Union and markings such as military insignia, titles

and official symbols on its facilities, vehicles and other means of
transport. The uniforms of EUNAVFOR personnel shall carry a
distinctive EUNAVFOR emblem. National flags or insignia of
the constituent national contingents of the operation may be
displayed on EUNAVFOR facilities, vehicles and other means of
transport
the EU Force
Commander.

as decided by

and uniforms,

Article 4

Border crossing and movement within the Host State’s
territory

EUNAVFOR personnel shall enter the Host State’s territory
1.
only on presentation of a valid passport and, in the case of first
entry, except for the crews of EUNAVFOR vessels and aircraft,
of an individual or collective movement order
issued by
EUNAVFOR. They
from immigration
shall
leaving or
inspections and customs control on entering,
within the Host State’s territory. The crews of EUNAVFOR
vessels and aircraft shall be exempt from visa regulations.

exempt

be

EUNAVFOR personnel shall be exempt

2.
from the Host
State’s regulations on the registration and control of aliens,
but shall not acquire any right
to permanent residence or
domicile within the Host State’s territory.

The Host State

shall be provided,

3.
information
purposes, with a general list of EUNAVFOR assets entering its
territory. These assets shall carry EUNAVFOR identification
markings. EUNAVFOR shall be exempt from any requirement
to produce other customs documentation, and from any
inspection.

for

4.
EUNAVFOR personnel may drive motor vehicles, navigate
vessels and operate aircraft within the Host State’s territory
international or military
provided they have valid national,
driving licences, ship master’s certificates or pilot licences, as
appropriate, issued by one of the Sending States.

For the purpose of the operation, the Host State shall
5.
freedom of
grant EUNAVFOR and EUNAVFOR personnel
movement
territory,
and freedom to travel within its
including its waters and air space. Freedom of movement
include
within the territorial
stopping and anchoring.

the Host State shall

sea of

For the purpose of the operation, EUNAVFOR may carry
landing or

6.
out, within the Host State’s waters, the launching,
taking on board of any aircraft or military device.

transport

For the purpose of the operation, EUNAVFOR and the
7.
it charters may use public roads,
means of
bridges,
the payment of
taxes and similar charges. EUNAVFOR shall not be exempt
from charges for services requested and received.

ferries, airports and ports without

that

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Article 5

Privileges and immunities of EUNAVFOR granted by the
Host State

immunity from criminal

jurisdiction of EUNAVFOR
The
personnel may be waived by the Sending State or EU institution
concerned, as the case may be. Such waiver must always be in
writing.

EUNAVFOR’s

shall be
1.
inviolable. However, the Host State’s agents shall be allowed
to enter them with the consent of the EU Force Commander.

facilities, vessels

and aircraft

2.
EUNAVFOR, its property and assets, wherever located and
by whomsoever held, shall enjoy immunity from every form of
legal process.

EUNAVFOR’s facilities, their furnishings and other assets
3.
therein as well as its means of transport shall be immune from
search, requisition, attachment or execution.

EUNAVFOR’s archives and documents shall be inviolable

4.
at any time, wherever they may be.

The official correspondence of EUNAVFOR shall be

5.
inviolable.

6.
The Host State shall permit the entry of articles for the
operation and grant them exemption from all custom duties,
taxes and similar charges other than charges for storage, cartage
and other services rendered.

the operation, EUNAVFOR shall be exempt

7.
In respect of purchased and imported goods, services
provided and facilities used by EUNAVFOR for the purposes
of
from all
national, regional and communal dues, taxes and charges of a
similar nature. EUNAVFOR shall not be exempt from fees or
other charges that represent payment for services rendered.

Article 6

Privileges

and immunities of EUNAVFOR personnel

granted by the Host State

1.
EUNAVFOR personnel shall not be liable to any form of
arrest or detention. Should a police authority of the Host State
observe an offence in the act of being committed on a public
it shall be allowed, where the offender has
thoroughfare,
violated the physical
to
detain him in order to ensure his protection pending the
arrival of the competent EUNAVFOR authorities.

integrity of a Host State national,

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

4.
EUNAVFOR 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.

court,

any Host State

any civil proceeding is

instituted against EUNAVFOR
If
the EU Force
personnel before
Commander and the competent authority of
the Sending
State or EU institution concerned shall be notified immediately.
Prior to initiation of the proceeding before the court, the EU
Force Commander and the competent authority of the Sending
State or EU institution concerned shall certify to the court
whether the act in question was committed by EUNAVFOR
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 15 shall apply. If the act was not committed in the
exercise of official
the proceeding may continue.
The Host State shall ensure that the court recognises the certi­
fication by the EU Force Commander and the competent
authority of the Sending State or EU institution concerned.

functions,

The initiation of a civil proceeding by EUNAVFOR personnel
shall preclude them from invoking immunity from jurisdiction
in respect of any counter-claim directly connected with the
principal claim.

EUNAVFOR personnel are not obliged to give evidence as

5.
witnesses.

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

The immunity of EUNAVFOR personnel from the juris­
them from the

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

EUNAVFOR personnel shall enjoy immunity from the

3.
criminal jurisdiction of the Host State.

8.
EUNAVFOR personnel shall be exempt from any form of
taxation in the Host State on the salary and emoluments paid to
them by EUNAVFOR or the Sending States, as well as on any
income received from outside the Host State.

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The Host State shall, in accordance with such laws and
9.
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 EUNAVFOR personnel.

The personal baggage of EUNAVFOR personnel shall be exempt
from inspection, unless there are serious grounds for presuming
that it contains articles that are not for the personal use of
EUNAVFOR 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 EUNAVFOR personnel
concerned or of an authorised representative of EUNAVFOR.

Article 7

Personnel employed locally

Personnel employed locally shall enjoy no privileges or immu­
nities. 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 operation.

Article 8

Criminal jurisdiction

The competent authorities of a Sending State shall have the
right to exercise on the territory of the Host State, in cooper­
ation with the Host State’s competent authorities, all
the
jurisdiction and disciplinary powers conferred on
criminal
the Sending State with regard to all
them by the law of
EUNAVFOR personnel
the
Sending State.

to the relevant

law of

subject

Article 9

Uniform and arms

The wearing of uniform shall be subject to rules adopted

1.
by the EU Force Commander.

2.
For the purpose of the operation, EUNAVFOR military
personnel, and the police personnel escorting persons arrested
by EUNAVFOR, may carry or transport arms and ammunition
on condition that they are authorised to do so by virtue of their
orders.

Article 10

Host State support and contracting

The law applicable to contracts concluded by EUNAVFOR

3.
in the Host State shall be determined by the contract.

The contract may stipulate that

the dispute settlement
4.
procedure referred to in Article 15(3) and (4) shall be applicable
to disputes arising from the application of the contract.

The Host State shall

facilitate the implementation of
5.
contracts concluded by EUNAVFOR with commercial entities
for the purposes of the operation.

Article 11

Change to facilities

EUNAVFOR shall be authorised to construct, alter or otherwise
modify facilities as requested for its operational requirements,
with prior permission of the Host State.

Article 12

Deceased EUNAVFOR personnel

1.
The EU Force Commander shall have the right to take
charge of and make suitable arrangements for the repatriation
of any deceased EUNAVFOR personnel, as well as that of their
personal property.

2.
No autopsy shall be performed on any deceased member
of EUNAVFOR without the agreement of the State concerned
and the presence of a representative of EUNAVFOR and/or the
State concerned.

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

Article 13

Security of EUNAVFOR and military police

The Host State shall
1.
safety
ensure
personnel outside their facilities.

the

take all appropriate measures to
and security of EUNAVFOR and its

2.
EUNAVFOR shall be authorised, on the land territory of
the Host State and its internal waters, to take the measures
necessary to protect its facilities, vessels and aircraft, as well
as the vessels that it protects, against any external attack or
intrusion, in cooperation with the Host State’s competent auth­
orities.

The Host State agrees, if requested, to assist EUNAVFOR

1.
in finding suitable facilities.

The EU Force Commander may establish a military police

3.
unit in order to maintain order in EUNAVFOR facilities.

2. Within its means and capabilities, the Host State shall
assist in the preparation, establishment, and execution of and
support for the operation.

The military police unit may also,

4.
in consultation and
cooperation with the military police or the police of the Host
State, act outside those facilities to ensure the maintenance of
good order and discipline among EUNAVFOR personnel.

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EUNAVFOR personnel transiting through the territory of
5.
Djibouti to escort persons arrested by EUNAVFOR shall be
authorised to apply the necessary measures of restraint with
respect to these persons.

Article 14

Communications

as well

EUNAVFOR may install and operate radio sending and
1.
receiving stations,
shall
as
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 in
accordance with its legislation in force.

systems.

satellite

It

telephone,

2.
EUNAVFOR shall enjoy the right to unrestricted commu­
nication by radio (including satellite, mobile and hand-held
facsimile and other means, as
radio),
well as the right to install the equipment necessary for the
maintenance of such communications within and between
EUNAVFOR facilities,
including the laying of cables and land
lines for the purpose of the operation.

telegraph,

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

The implementing arrangements for this article shall be

4.
agreed with the competent authorities of the Host State.

Article 15

The arbitration tribunal shall be composed of three arbi­
5.
trators, one arbitrator being appointed by the Host State, one
arbitrator being appointed by EUNAVFOR and the third one
being appointed jointly by the Host State and EUNAVFOR.
the parties does not appoint an arbitrator
Where one of
within two months or where no agreement can be found
between the Host State and EUNAVFOR on the appointment
in question shall be
of
appointed by the President of
the
Republic of Djibouti.

the Supreme Court of

the third arbitrator,

the arbitrator

arrangement

An administrative

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

shall be

Article 16

Liaison and disputes

All

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

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 the EU
representatives.

Article 17

Other provisions

Claims for death, injury, damage and loss

1.
Claims for damage to or loss of civilian or government
property, as well as claims for death of or injury to persons and
for damage to or loss of EUNAVFOR property, shall be settled
by amicable agreement.

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

These claims shall be forwarded to EUNAVFOR via the
2.
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 EUNAVFOR 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 EUNAVFOR 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 80 000, be settled by
diplomatic means between the Host State and EU represen­
tatives;

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

submitted to an arbitration tribunal,
which shall be binding.

Nothing in this Agreement

intended or may be
2.
construed to derogate from any rights that may attach to an
EU Member State or
to any other State contributing to
EUNAVFOR under other agreements.

is

Article 18

Implementing arrangements

For purposes of the application of this Agreement, operational,
financial and technical matters may be the
administrative,
subject of separate arrangements to be concluded between the
EU Force Commander and the Host State’s administrative auth­
orities.

Article 19

Entry into force and termination

This Agreement shall enter into force on the day on
1.
which it is signed and shall remain in force for a period of
twelve months.
It shall subsequently be renewed tacitly for
successive periods of three months. Each Party shall give the
other at least one month’s notice of its intention not to renew
the Agreement.

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Notwithstanding paragraph 1, the provisions contained in Articles 4(7), 5(1), (2) and (3), 5(6) and (7),
2.
6(1), 6(3) and (4), 6(6), 6(8) and (9) and Articles 11 and 15 shall be deemed to have applied from the date
on which the first EUNAVFOR personnel were deployed if that date was earlier than the date of entry into
force of this Agreement.

3.

This Agreement may be amended by written agreement between the Parties.

Termination of this Agreement shall not affect any rights or obligations arising out of the execution of

4.
this Agreement before such termination.

Done at Djibouti, 5 January 2009, in two originals in the French language.

For the European Union

For the Host State