CELEX: 22020A0708(01)
Language: en
Date: 2020-06-25 00:00:00
Title: Agreement in the form of an Exchange of Letters between the European Union and the Central African Republic on the status of the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA)

8.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 219/3
            
         
      TRANSLATION
      AGREEMENT
      in the form of an Exchange of Letters between the European Union and the Central African Republic on the status of the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA)
      A.   Letter from the European Union
      
      Brussels, 27 May 2020
      H.E. Professor Faustin-Archange Touadéra
      President of the Central African Republic
      Sir,
      In your letter of 18 December 2019, you were so kind as to agree to the deployment of the European Union Advisory Mission in the Central African Republic (EUAM RCA) established by the Council of the European Union by means of Decision (CFSP) 2019/2110 of 9 December 2019. It is now necessary to determine the status of EUAM RCA and its personnel by way of an international agreement between your country and the European Union.
      In the same letter, you were also so kind as unilaterally to grant to EUAM RCA the privileges and immunities which had been granted, in connection with the EUFOR Tchad/RCA operation, to the European Union force and its personnel under the international agreement concluded between the European Union and the Central African Republic on 16 April 2008.
      In accordance with your wishes and as we agreed for EUFOR RCA, EUMAM RCA and EUTM RCA, I should like to propose that all the provisions of that agreement (Articles 1 to 19) be made applicable to EUAM RCA, on the basis that:
      
                  —
               
               
                  each reference to EUFOR in the abovementioned articles shall be considered to refer to EUAM RCA;
               
            
                  —
               
               
                  each reference to the EU Force Commander shall be considered to refer to the Head of Mission of EUAM RCA;
               
            
                  —
               
               
                  the means of transport referred to in point (a) of Article 1(3), Article 3(2) and Article 4(3) shall be considered to include not only the means of transport belonging to the national contingents making up EUAM RCA, but also those owned, hired or chartered by EUAM RCA;
               
            
                  —
               
               
                  the reference to United Nations Security Council Resolution 1778 (2007) of 25 September 2007 in point (b) of Article 1(3) shall be considered to be a reference both to our Exchange of Letters of 17 and 18 December 2019 and to Council Decision (CFSP) 2019/2110 of 9 December 2019 establishing EUAM RCA.
               
            In addition, if you agree, the following provisions shall apply:
      
                  —
               
               
                  The Central African Republic shall, within its means, ensure the security of EUAM RCA and EUAM RCA staff.
               
            
                  —
               
               
                  To that end, the Central African Republic shall take the measures necessary for the protection and security of EUAM RCA and EUAM RCA staff. Any specific provisions proposed by the Host State shall be agreed with the Head of Mission before implementation. The Central African Republic shall permit and support, free of charge, activities relating to the medical evacuation of members of EUAM RCA staff. If required, supplementary arrangements on these matters shall be concluded.
               
            
                  —
               
               
                  EUAM RCA staff shall have the right to carry light arms and munitions, subject to the authorisation of the Head of Mission.
               
            
                  —
               
               
                  In this context, EUAM RCA shall be authorised to take necessary measures within the territory of the Central African Republic, including the use of necessary and proportionate force, to protect EUAM RCA staff and EUAM RCA premises, vehicles and assets against acts which might endanger the life of EUAM RCA staff or cause them bodily harm and, where necessary, to simultaneously protect other persons facing the same threat in close proximity to the Mission against acts which might endanger the life of such persons or cause them grievous bodily harm.
               
            
                  —
               
               
                  A list of members of EUAM RCA staff authorised by the Head of Mission to carry and transport arms and munitions shall be communicated to the competent authorities of the Central African Republic. This communication shall be purely declaratory. The competent authorities of the Central African Republic shall provide such EUAM RCA staff with a licence to carry and transport arms.
               
            I should be grateful if you would let me know whether you accept these suggestions. If you do accept, this letter, together with your reply, will constitute a legally binding international agreement between the Central African Republic and the European Union on the status of EUAM RCA, which will enter into force on the date on which your letter of reply is received.
      Please accept, Sir, the assurance of my highest consideration.
      For the European Union
      
         
      B.   Letter from the Central African Republic
      
      Bangui, 25 June 2020
      Mr Josep BORRELL FONTELLES
      High Representative of the European Union
      for Foreign Affairs and Security Policy
      Sir,
      Thank you for your letter dated 27 May 2020 regarding EUAM RCA, which reads as follows:
      "In your letter of 18 December 2019, you were so kind as to agree to the deployment of the European Union Advisory Mission in the Central African Republic (EUAM RCA) established by the Council of the European Union by means of Decision (CFSP) 2019/2110 of 9 December 2019. It is now necessary to determine the status of EUAM RCA and its personnel by way of an international agreement between your country and the European Union.
      In the same letter, you were also so kind as unilaterally to grant to EUAM RCA the privileges and immunities which had been granted, in connection with the EUFOR Tchad/RCA operation, to the European Union force and its personnel under the international agreement concluded between the European Union and the Central African Republic on 16 April 2008.
      In accordance with your wishes and as we agreed for EUFOR RCA, EUMAM RCA and EUTM RCA, I should like to propose that all the provisions of that agreement (Articles 1 to 19) be made applicable to EUAM RCA, on the basis that:
      
                  —
               
               
                  each reference to EUFOR in the abovementioned articles shall be considered to refer to EUAM RCA;
               
            
                  —
               
               
                  each reference to the EU Force Commander shall be considered to refer to the Head of Mission of EUAM RCA;
               
            
                  —
               
               
                  the means of transport referred to in point (a) of Article 1(3), Article 3(2) and Article 4(3) shall be considered to include not only the means of transport belonging to the national contingents making up EUAM RCA, but also those owned, hired or chartered by EUAM RCA;
               
            
                  —
               
               
                  the reference to United Nations Security Council Resolution 1778 (2007) of 25 September 2007 in point (b) of Article 1(3) shall be considered to be a reference both to our Exchange of Letters of 17 and 18 December 2019 and to Council Decision (CFSP) 2019/2110 of 9 December 2019 establishing EUAM RCA.
               
            In addition, if you agree, the following provisions shall apply:
      
                  —
               
               
                  The Central African Republic shall, within its means, ensure the security of EUAM RCA and EUAM RCA staff.
               
            
                  —
               
               
                  To that end, the Central African Republic shall take the measures necessary for the protection and security of EUAM RCA and EUAM RCA staff. Any specific provisions proposed by the Host State shall be agreed with the Head of Mission before implementation. The Central African Republic shall permit and support, free of charge, activities relating to the medical evacuation of members of EUAM RCA staff. If required, supplementary arrangements on these matters shall be concluded.
               
            
                  —
               
               
                  EUAM RCA staff shall have the right to carry light arms and munitions, subject to the authorisation of the Head of Mission.
               
            
                  —
               
               
                  In this context, EUAM RCA shall be authorised to take necessary measures within the territory of the Central African Republic, including the use of necessary and proportionate force, to protect EUAM RCA staff and EUAM RCA premises, vehicles and assets against acts which might endanger the life of EUAM RCA staff or cause them bodily harm and, where necessary, to simultaneously protect other persons facing the same threat in close proximity to the Mission against acts which might endanger the life of such persons or cause them grievous bodily harm.
               
            
                  —
               
               
                  A list of members of EUAM RCA staff authorised by the Head of Mission to carry and transport arms and munitions shall be communicated to the competent authorities of the Central African Republic. This communication shall be purely declaratory. The competent authorities of the Central African Republic shall provide such EUAM RCA staff with a licence to carry and transport arms.
               
            I should be grateful if you would let me know whether you accept these suggestions. If you do accept, this letter, together with your reply, will constitute a legally binding international agreement between the Central African Republic and the European Union on the status of EUAM RCA, which will enter into force on the date on which your letter of reply is received."
      I am pleased to inform you that I accept the terms suggested in your letter.
      Please accept, Sir, the assurance of my highest consideration.
      For the Central African Republic