CELEX: 22008A0813(02)
Language: en
Date: 2008-07-29 00:00:00
Title: Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

L 217/24              EN                                Official Journal of the European Union                                      13.8.2008
                                                                     AGREEMENT
              between the European Union and the Swiss Confederation on the participation of the Swiss
                   Confederation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
              THE EUROPEAN UNION (EU),
              of the one part, and
              THE SWISS CONFEDERATION,
              of 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,
              — the invitation to the Swiss Confederation 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 Swiss
                  Confederation in the EU-led operation,
              — the Political and Security Committee Decision EULEX/2/2008 of 22 April 2008 on the acceptance of the Swiss
                  Confederation’s contribution to the EU Rule of Law Mission in Kosovo, EULEX KOSOVO,
              HAVE AGREED AS FOLLOWS:
                               Article 1                                        — the Operation Plan,
                 Participation in the operation
1.    The Swiss Confederation shall associate itself with the
Joint Action 2008/124/CFSP of 4 February 2008 on the
European Union Rule of Law Mission in Kosovo, EULEX                             — implementing measures.
KOSOVO (hereinafter ‘EULEX KOSOVO’), and with any Joint
Action or Decision by which the Council of the European
Union decides to extend EULEX KOSOVO, in accordance with
the provisions of this Agreement and any required implemen­
ting arrangements.                                                              4.     Personnel seconded to EULEX KOSOVO by the Swiss
                                                                                Confederation shall carry out their duties and conduct them­
                                                                                selves solely with the interest of EULEX KOSOVO in mind.
2.    The contribution of the Swiss Confederation to EULEX
KOSOVO is without prejudice to the decision-making
autonomy of the European Union.
                                                                                5.     The Swiss Confederation shall inform in due time the
                                                                                Civilian Operation Commander and the Head of Mission of
                                                                                EULEX KOSOVO (hereinafter ‘Head of Mission’) of any change
                                                                                to its contribution to EULEX KOSOVO.
3.    The Swiss Confederation shall ensure that its personnel
participating in the EULEX KOSOVO undertake their mission
in conformity with:
                                                                                6.     Personnel seconded to EULEX KOSOVO shall undergo a
                                                                                medical examination, vaccination and be certified medically fit
— the Joint Action 2008/124/CFSP on European Union Rule                         for duty by a competent authority from the Swiss Confe­
    of Law Mission in Kosovo, EULEX KOSOVO and possible                         deration. Personnel seconded to EULEX KOSOVO shall
    subsequent amendments,                                                      produce a copy of this certification.
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                             Article 2                                    exchange of classified information, the provisions of such an
                                                                          agreement shall apply in the context of EULEX KOSOVO.
                       Status of personnel
1.    The status of the personnel contributed to EULEX
KOSOVO by the Swiss Confederation shall be governed by
the provisions on the status of mission, as provided by                                                Article 4
Article 10(1) of the Joint Action 2008/124/CFSP of
4 February on the European Union Rule of Law Mission in                                          Chain of command
Kosovo, EULEX KOSOVO.                                                     1.     All personnel participating in EULEX KOSOVO shall
                                                                          remain under the full command of their national authorities.
2.    The status of personnel contributed to headquarters or
command elements located outside Kosovo, shall be governed
                                                                          2.     National authorities shall transfer operational control to
by arrangements between the headquarters and command
                                                                          the Civilian Operations Commander, who shall exercise
elements concerned and the Swiss Confederation.
                                                                          command and control at the strategic level.
3.    Without prejudice to the agreement on the status of
mission referred to in paragraph 1 of this Article, if available,         3.     The Head of Mission shall assume responsibility and
the Swiss Confederation shall exercise jurisdiction over its              exercise command and control of EULEX KOSOVO at theatre
personnel participating in EULEX KOSOVO.                                  level.
4.    The    Swiss Confederation shall be responsible for                 4.     The Head of Mission shall exercise command and control
answering     any claims, from or concerning any of its                   over personnel, teams and units from contributing States as
personnel,   linked to the participation in EULEX KOSOVO.                 assigned by the Civilian Operation Commander together with
The Swiss   Confederation shall be responsible for bringing any           administrative and logistic responsibility including over assets,
action, in  particular legal or disciplinary, against any of its          resources and information placed at the disposal of EULEX
personnel,  in accordance with its laws and regulations.                  KOSOVO.
5.    The Swiss Confederation undertakes to make a declaration            5.     The Swiss Confederation shall have the same rights and
as regards the waiver of claims against any State participating in        obligations in terms of the day-to-day management of the
EULEX KOSOVO, and to do so when signing this Agreement. A                 operation as participating European Union Member States
model for such a declaration is annexed to this Agreement.                taking part in the operation, in accordance with the legal
                                                                          instruments referred to in Article 1, paragraph 1, of this
                                                                          Agreement.
6.    The European Union Member States undertake to make a
declaration as regards the waiver of claims, for the participation
of the Swiss Confederation in EULEX KOSOVO, and to do so                  6.     The Head of Mission shall be responsible for disciplinary
when signing this Agreement. A model for such a declaration is            control over the personnel of EULEX KOSOVO. Where
annexed to this Agreement.                                                required, disciplinary action shall be taken by the national
                                                                          authority concerned.
                             Article 3
                                                                          7.     A National Contingent Leader (NCL) shall be appointed by
                     Classified information
                                                                          the Swiss Confederation to represent its national contingent in
1.    The Swiss Confederation shall take appropriate measures             EULEX KOSOVO. The NCL shall report to the Head of Mission
to ensure that EU classified information is protected in                  on national matters and shall be responsible for day-to-day
accordance with the European Union Council’s security regu­               contingent discipline.
lations, contained in Council Decision 2001/264/EC of
19 March 2001, and in accordance with further guidance
issued by competent authorities, including the Head of Mission.
                                                                          8.     The decision to end the operation shall be taken    by the
                                                                          European Union, following consultation with the Swiss      Confe­
                                                                          deration, provided that the Swiss Confederation is still   contri­
2.    Where the EU and the Swiss Confederation have                       buting to EULEX KOSOVO at the date of termination          of the
concluded an agreement on security procedures for the                     operation.
 ---pagebreak--- L 217/26             EN                           Official Journal of the European Union                                         13.8.2008
                             Article 5                                    right to terminate this Agreement by serving a notice of one
                                                                          month.
                        Financial aspects
1.    The Swiss Confederation shall assume all the costs asso­                                        Article 8
ciated with its participation in the operation apart from the
costs which are subject to common funding, as set out in the                                    Dispute settlement
operational budget of the operation.
                                                                          Disputes concerning the interpretation or application of this
                                                                          Agreement shall be settled by diplomatic means between the
2.    In case of death, injury, loss or damage to natural or legal        Parties.
persons from the territory where the operation is conducted, the
Swiss Confederation shall, when its liability has been estab­
                                                                                                      Article 9
lished, pay compensation under the conditions foreseen in the
agreement on the status of mission, if available, as referred to in                               Entry into force
Article 2(1) of this Agreement.
                                                                          1.    This Agreement shall enter into force on the first day of
                                                                          the first month after the Parties have notified each other of the
                             Article 6                                    completion of the internal procedures necessary for this
         Arrangements to implement the Agreement                          purpose.
Any necessary technical and administrative arrangements in
pursuance of the implementation of this Agreement shall be                2.    This Agreement shall be provisionally applied from the
concluded between the Secretary-General of the Council of                 date of signature.
the European Union/High Representative for the Common
Foreign and Security Policy, and the appropriate authorities of           3.    This Agreement shall remain in force for the duration of
the Swiss Confederation.                                                  the Swiss Confederation’s contribution to the operation.
                             Article 7
                         Non-compliance                                   Done at Brussels, 29 July 2008.
Should one of the Parties fail to comply with its obligations laid
down in the previous Articles, the other Party shall have the                 For the European Union           For the Swiss Confederation
 ---pagebreak--- 13.8.2008          EN                            Official Journal of the European Union                                              L 217/27
                                                                    ANNEX
                                                              DECLARATIONS
                                                  Declaration by the EU Member States
          The EU Member States applying the EU Joint Action 2008/124/CFSP 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 Swiss Confederation 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 Swiss
          Confederation 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 Swiss Confederation, 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 Swiss Confederation using those assets.
                                                 Declaration by the Swiss Confederation
          As a participant to the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, established by the EU Joint
          Action 2008/124/CFSP, the Swiss Confederation 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.