CELEX: 22010A0824(01)
Language: en
Date: 2010-08-12 00:00:00
Title: Agreement between the European Union and the Republic of Uganda on the Status of the European Union-led Mission in Uganda

L 221/2                EN                                Official Journal of the European Union                                            24.8.2010
                                                                       AGREEMENT
              between the European Union and the Republic of Uganda on the Status of the European Union-led
                                                                    Mission in Uganda
              THE EUROPEAN UNION,
              hereinafter referred to as ‘the Union’,
              of the one part, and
              THE REPUBLIC OF UGANDA,
              hereinafter referred to as ‘the Host State’,
              of the other part,
              together hereinafter referred to as the ‘Parties’,
              TAKING INTO ACCOUNT:
              — that in its Resolution 1897 (2009) on the situation in Somalia, adopted on 30 November 2009, the United Nations
                  Security Council (UNSC) recalled its previous Resolutions in support of Somalia and reaffirmed its respect for the
                  sovereignty, territorial integrity, political independence and unity of Somalia,
              — that the UNSC further emphasised that Somalia’s long-term security rests with the effective development by the
                  Transitional Federal Government (TFG) of the National Security Force and Somali Police Force, in the framework of
                  the Djibouti Agreement and in line with a national security strategy,
              — the letter dated 5 January 2010, by which the Minister of Defence of the Host State welcomed the Union’s envisaged
                  mission in support of the Somali security sector and invited the Union to participate in the training of Somali security
                  forces in the Host State for a period of at least one year,
              — Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the
                  training of Somali security forces (1),
              — that this mission is a non-executive mission which does not entail the right to take coercive measures independently
                  from the consent of the Host State,
              — 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                                          (c) ‘EU Mission Commander’ shall mean the Commander in the
                                                                                      theatre;
                       Scope and definitions
1.    This Agreement shall apply to the European Union-led
Mission in Uganda (hereinafter referred to as ‘EUTM Somalia’)
and to its personnel.                                                            (d) ‘EU mission headquarters’ shall mean the military head­
                                                                                      quarters and elements thereof, whatever their location,
                                                                                      under the authority of EU military commanders exercising
                                                                                      the military command or control of the mission;
2.    This Agreement shall apply only within the territory of
the Host State.
                                                                                  (e) ‘national contingents’ shall mean units and elements
                                                                                      belonging to the Member States of the Union and to
3.    For the purpose of this Agreement:
                                                                                      other States participating in the mission;
(a) ‘EUTM Somalia’ shall mean EU mission headquarters and
    national contingents contributing to the mission, their                       (f) ‘EUTM Somalia personnel’ shall mean the civilian and
    equipment and their means of transport;                                           military personnel assigned to EUTM Somalia as well as
                                                                                      personnel deployed for the preparation of the mission and
                                                                                      personnel on mission for a Sending State or an institution
                                                                                      of the Union in the framework of the mission, present,
(b) ‘mission’ shall mean the preparation,                   establishment,            except as otherwise provided in this Agreement, within
    execution and support of EUTM Somalia;                                            the territory of the Host State, with the exception of
                                                                                      personnel employed locally and personnel employed by
(1) OJ L 44, 19.2.2010, p. 16.                                                        international commercial contractors;
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(g) ‘personnel employed locally’ shall mean personnel who are             in Article 3(1) or, in the case of first entry, of an individual or
     nationals of, or permanently resident in, the Host State;            collective movement order issued by EUTM Somalia. They shall
                                                                          be exempt from visa regulations, and the Host State shall
                                                                          facilitate EUTM Somalia personnel with immigration inspections
(h) ‘facilities’ shall mean all premises, accommodation and land          and customs control requirements, on entering, leaving or
     areas required for EUTM Somalia and EUTM Somalia                     within the Host State’s territory.
     personnel;
 (i) ‘Sending State’ shall mean a State providing a national              2.     EUTM Somalia personnel shall be exempt from the Host
     contingent for EUTM Somalia, including Member States of              State’s regulations on the registration and control of aliens, but
     the Union and third States participating in the mission;             shall not acquire any right to permanent residence or domicile
                                                                          within the Host State’s territory.
 (j) ‘Host State’ shall mean the Republic of Uganda;
                                                                          3.     The Host State shall be provided, for information
                                                                          purposes, with a general list of EUTM Somalia equipment
(k) ‘official correspondence’ shall mean all correspondence
                                                                          entering its territory. This equipment shall carry EUTM
     relating to the mission and its functions.
                                                                          Somalia identification markings. The procedure hereof shall be
                                                                          sufficient to satisfy all customs and inspection requirements.
                                Article 2
                         General provisions
                                                                          4.     EUTM Somalia personnel may drive motor vehicles and
1.     EUTM Somalia and EUTM Somalia personnel shall respect              operate aircrafts within the Host State’s territory provided they
the laws and regulations of the Host State and shall refrain from         have valid national, international or military driving licences or
any action or activity incompatible with the objectives of the            pilot licences, as appropriate.
mission.
2.     EUTM Somalia shall regularly inform the government of              5.     For the purpose of the mission, the Host State shall grant
the Host State of the number of EUTM Somalia personnel                    EUTM Somalia and EUTM Somalia personnel freedom of
stationed within the Host State’s territory.                              movement and freedom to travel within its territory,
                                                                          including its air space.
                                Article 3
                            Identification                                6.     For the purpose of the mission, EUTM Somalia and the
                                                                          means of transport that it charters may use public roads,
1.     EUTM Somalia personnel shall carry passports or military
                                                                          bridges, ferries and airports without the payment of duties,
identity cards with them at all times.
                                                                          fees, tolls, taxes and similar charges. EUTM Somalia shall not
                                                                          be exempt from reasonable charges for services requested and
                                                                          received, under the conditions that apply to those provided to
2.     EUTM Somalia vehicles, aircraft and other means of
                                                                          the Host State’s armed forces.
transport shall carry distinctive EUTM Somalia identification
markings and/or registration plates, of which the relevant
Host State authorities shall be notified.
                                                                                                         Article 5
3.     EUTM Somalia shall have the right to display the flag of           Privileges and immunities of EUTM Somalia granted by the
the Union and markings such as military insignia, titles and                                           Host State
official symbols, on its facilities, vehicles and other means of
                                                                          1.     EUTM Somalia’s facilities shall be inviolable. The Host
transport. The uniforms of EUTM Somalia personnel shall carry
                                                                          State’s agents shall not enter them without the consent of the
a distinctive EUTM Somalia emblem. National flags or insignia
                                                                          EU Mission Commander.
of the constituent national contingents of the mission may be
displayed on the EUTM Somalia facilities, vehicles and other
means of transport and uniforms, as decided by the EU
Mission Commander.                                                        2.     EUTM Somalia’s facilities, their furnishings and other
                                                                          assets therein as well as its means of transport shall be
                                                                          immune from search, requisition, attachment or execution.
                                Article 4
Border crossing and movement within the Host State’s
                               territory
                                                                          3.     EUTM Somalia, its property and assets, wherever located
1.     EUTM Somalia personnel shall enter the Host State’s                and by whomsoever held as duly authorised by EUTM Somalia,
territory only on presentation of the documents provided for              shall enjoy immunity from every form of legal process.
 ---pagebreak--- L 221/4                 EN                        Official Journal of the European Union                                           24.8.2010
4.     EUTM Somalia’s archives and documents shall be                     instituted against EUTM Somalia personnel before any Host
inviolable at any time, wherever they may be.                             State court, the EU Mission Commander and the competent
                                                                          authority of the Sending State or the institution of the Union
                                                                          shall be notified immediately. Prior to initiation of civil
                                                                          proceedings before the court, the EU Mission Commander
5.     The official correspondence of EUTM Somalia shall be
                                                                          and the competent authority of the Sending State or the insti­
inviolable.
                                                                          tution of the Union shall certify to the court whether the act in
                                                                          question was committed by EUTM Somalia personnel in the
                                                                          exercise of official functions.
6.     In respect of purchased and imported goods, services
provided and facilities used by EUTM Somalia for the
purposes of the mission, EUTM Somalia shall be exempt from
all taxes and charges of a similar nature in the Host State.              If the act was committed in the exercise of official functions,
EUTM Somalia providers or contractors shall also be                       civil proceedings shall not be initiated and the provisions of
exempted from those taxes and charges of a similar nature                 Article 15 shall apply. If the act was not committed in the
concerning goods, services and facilities provided by them to             exercise of official functions, civil proceedings may continue.
EUTM Somalia. EUTM Somalia shall not be exempt from dues,                 The certification by the EU Mission Commander and the
taxes or charges that represent payment for services requested            competent authority of the Sending State or the institution of
and rendered.                                                             the Union shall be binding upon the jurisdiction of the Host
                                                                          State which may not contest it.
7.     The Host State shall permit the entry and exit of articles
for the mission and grant them exemption from all custom
duties, fees, tolls, taxes and similar charges other than charges         The initiation of civil proceedings by EUTM Somalia personnel
for storage, cartage and other services requested and rendered.           shall preclude them from invoking immunity from jurisdiction
                                                                          in respect of any counter-claim directly connected with the
                                                                          principal claim.
                              Article 6
Privileges and immunities of EUTM Somalia personnel
                    granted by the Host State                             5.     EUTM Somalia personnel shall not be obliged to give
                                                                          evidence as witnesses.
1.     EUTM Somalia personnel shall not be liable to any form
of arrest or detention.
                                                                          EUTM Somalia and the Sending State may produce statements
2.     Papers, correspondence and property of EUTM Somalia                of witnesses or affidavits by EUTM Somalia personnel about
personnel shall enjoy inviolability, except in case of measures           criminal acts witnessed in the context of training Somali
of execution which are permitted pursuant to paragraph 6.                 security forces in Uganda.
3.     EUTM Somalia personnel shall enjoy immunity from the
criminal jurisdiction of the Host State under all circumstances.          6.     No measures of execution may be taken in respect of
                                                                          EUTM Somalia personnel, except in the case where civil
                                                                          proceedings not related to official functions are instituted
                                                                          against them. Property of EUTM Somalia personnel, which is
The immunity from criminal jurisdiction of EUTM Somalia
                                                                          certified by the EU Mission Commander to be necessary for the
personnel may be waived by the Sending State or the institution
                                                                          fulfilment of official functions, shall be free from seizure for the
of the Union concerned, as the case may be. Such waiver shall
                                                                          satisfaction of a judgement, decision or order. In civil
always be in writing.
                                                                          proceedings, EUTM Somalia personnel shall not be subject to
                                                                          any restrictions on their personal liberty or to any other
                                                                          measures of constraint.
The immunity of EUTM Somalia personnel from the jurisdiction
of the Host State shall not exempt them from the jurisdiction of
the respective Sending State. In the event of an allegation of a
criminal offence being committed by EUTM Somalia personnel,               7.     EUTM Somalia personnel shall with respect to services
the Sending State shall inform the Host State of the outcome of           rendered for EUTM Somalia be exempt from social security
such judicial procedure as it undertakes in connection with the           provisions which may be in force in the Host State.
alleged criminal offence.
4.     EUTM Somalia personnel shall enjoy immunity from the               8.     EUTM Somalia personnel shall be exempt from any form
civil and administrative jurisdiction of the Host State in respect        of taxation in the Host State on the salary and emoluments paid
of words spoken or written and all acts performed by them in              to them by EUTM Somalia or the Sending States, as well as on
the exercise of official functions. If any civil proceedings are          any income received from outside the Host State.
 ---pagebreak--- 24.8.2010             EN                          Official Journal of the European Union                                           L 221/5
9.     The Host State shall, in accordance with such laws and             4.     The law applicable to contracts concluded by EUTM
regulations as it may adopt, permit entry of, and grant                   Somalia in the Host State shall be determined by the contract.
exemption from, all customs duties, indirect and direct taxes,
excise duties, and related charges other than charges for storage,
cartage and similar services, on articles for the personal use of         5.     The contract may stipulate that the dispute settlement
EUTM Somalia personnel.                                                   procedure referred to in Article 15(3) and (4) shall be applicable
                                                                          to disputes arising from the application of the contract.
Any inspection of personal baggage of EUTM Somalia
personnel shall be conducted only in the presence of the                  6.     The Host State shall facilitate the implementation of
EUTM Somalia personnel concerned or of an authorised repre­               contracts concluded by EUTM Somalia with commercial
sentative of EUTM Somalia.                                                entities for the purposes of the mission.
                             Article 7                                                                Article 11
                  Personnel employed locally                                                     Change to facilities
Personnel employed locally shall enjoy privileges and                     1.     EUTM Somalia shall be authorised to construct, alter or
immunities only to the extent admitted by the Host State.                 otherwise modify facilities as requested for its operational
However, the Host State shall exercise its jurisdiction over              requirements.
that personnel in such a manner as not to interfere unduly
with the performance of the functions of the mission.
                                                                          2.     No compensation shall be requested from EUTM Somalia
                                                                          by the Host State for those constructions, alterations or modi­
                             Article 8                                    fications.
                      Criminal jurisdiction
The competent authorities of a Sending State shall have        the        3.     Prior to the withdrawal of EUTM Somalia, where appro­
right to exercise on the territory of the Host State all       the        priate, the EU Mission Commander will enter into negotiations
criminal jurisdiction and disciplinary powers conferred         on        on an arrangement in application of Article 18 with a view to
them by the law of the Sending State with regard to             all       seeking reasonable residual value for fixed and/or moveable
EUTM Somalia personnel subject to the relevant law of          the        facilities provided or improved with EUTM Somalia funds that
Sending State.                                                            will remain after withdrawal of EUTM Somalia. If EUTM
                                                                          Somalia is taken over by a successor mission, the Host State
                                                                          shall make the facilities available to this successor mission free
                             Article 9                                    of charge.
                       Uniform and arms
1.     The wearing of uniform shall be subject to rules adopted                                       Article 12
by the EU Mission Commander.                                                            Deceased EUTM Somalia personnel
                                                                          1.     The EU Mission Commander shall have the right to take
2.     EUTM Somalia military personnel may carry arms and                 charge of, and make suitable arrangements for, the repatriation
ammunition on condition that they are authorised to do so                 of any deceased EUTM Somalia personnel, as well as that of
by their orders which shall be communicated to the Host State.            their personal property.
                             Article 10                                   2.     No autopsy shall be performed on any deceased EUTM
                                                                          Somalia personnel without the agreement of the State of
              Host State support and contracting                          nationality of the deceased person concerned and the presence
1.     The Host State agrees, if requested, to assist EUTM                of a representative of EUTM Somalia and/or the State of
Somalia in finding suitable facilities.                                   nationality of the deceased person concerned.
2.     The Host State shall provide, free of charge, facilities of        3.     The Host State and EUTM Somalia shall cooperate to the
which it is the owner, in so far as such facilities are requested         fullest extent possible with a view to early repatriation of
for the conduct of administrative and operational activities of           deceased EUTM Somalia personnel.
EUTM Somalia.
                                                                                                      Article 13
3.     Within its means and capabilities, the Host State shall                     Security of EUTM Somalia and military police
assist in the preparation, establishment, and execution of, and
support for, the mission. The Host State’s assistance and                 1.     The Host State shall take all appropriate measures to
support of the mission shall be provided under the same                   ensure the safety and security of EUTM Somalia and its
conditions as the assistance and support given to the Host                personnel, including those necessary to protect its facilities
State’s armed forces.                                                     against any external attack or intrusion.
 ---pagebreak--- L 221/6               EN                            Official Journal of the European Union                                          24.8.2010
2.     The EU Mission Commander may establish a military                    equal basis of representatives of EUTM Somalia and represen­
police unit in order to maintain order in EUTM Somalia                      tatives of the Host State. Settlement of claims shall be reached
facilities.                                                                 by common agreement.
3.     The military police unit may also, in consultation and               4.     Where no settlement can be reached within the claims
cooperation with the military police or the police of the Host              commission, the dispute shall:
State, act outside EUTM Somalia facilities to ensure the main­
tenance of good order and discipline among EUTM Somalia
personnel.                                                                  (a) for claims up to and including EUR 40 000, be settled by
                                                                                 diplomatic means between representatives of the Host State
                                                                                 and of the Union;
                             Article 14
                        Communications
                                                                            (b) for claims above the amount referred to in point (a), be
1.     EUTM Somalia may install and operate radio sending and                    submitted to an arbitration tribunal, the decisions of
receiving stations, as well as satellite systems. It shall cooperate             which shall be binding.
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.                                                                  5.     The arbitration tribunal shall be composed of three arbi­
                                                                            trators, one arbitrator being appointed by the Host State, one
                                                                            arbitrator being appointed by EUTM Somalia and the third one
                                                                            being appointed jointly by the Host State and EUTM Somalia.
2.     EUTM Somalia shall enjoy the right to unrestricted                   Where one of the Parties does not appoint an arbitrator within
communication by radio (including satellite, mobile and hand-               two months or where no agreement can be found between the
held radio), telephone, telegraph, facsimile and other means, as            Host State and EUTM Somalia on the appointment of the third
well as the right to install the equipment necessary for the                arbitrator, the arbitrator in question shall be appointed by the
maintenance of such communications within and between                       President of the Court of Justice of the European Union.
EUTM Somalia facilities, including the laying of cables and
land lines for the purpose of the mission.
                                                                            6.     An administrative arrangement shall be concluded
                                                                            between EUTM Somalia and the administrative authorities of
                                                                            the Host State in order to determine the terms of reference of
3.     Within its own facilities EUTM Somalia may make the
                                                                            the claims commission and the arbitration tribunal, the
arrangements necessary for the conveyance of mail addressed
                                                                            procedure applicable within those bodies and the conditions
to and from EUTM Somalia and/or EUTM Somalia personnel.
                                                                            under which claims are to be lodged.
                             Article 15                                                                   Article 16
            Claims for death, injury, damage and loss                                               Liaison and disputes
1.     EUTM Somalia and EUTM Somalia personnel shall not be                 1.     All issues arising out of, or in connection with, the appli­
liable for any damage to or loss of civilian or government                  cation of this Agreement shall be examined jointly by represen­
property which are related to operational necessities or caused             tatives of EUTM Somalia and of the Host State’s competent
by activities in connection with civil disturbances or protection           authorities.
of EUTM Somalia.
                                                                            2.     Failing any prior settlement, disputes concerning the inter­
2.     With a view to reaching an amicable settlement, claims               pretation or application of this Agreement shall be settled
for damage to or loss of civilian or government property not                exclusively by diplomatic means between the representatives
covered by paragraph 1, as well as claims for death of or injury            of the Host State and of the Union.
to persons and for damage to or loss of EUTM Somalia
property, shall be forwarded to EUTM Somalia via the
competent authorities of the Host State, as far as claims
brought by legal or natural persons from the Host State are                                               Article 17
concerned, or to the competent authorities of the Host State, as                                      Other provisions
far as claims brought by EUTM Somalia are concerned.
                                                                            1.     Whenever this Agreement refers to the privileges,
                                                                            immunities and rights of EUTM Somalia and of EUTM
                                                                            Somalia personnel, the Government of the Host State shall be
3.     Where no amicable settlement can be found, the claim                 responsible for their implementation and for compliance with
shall be submitted to a claims commission composed on an                    them on the part of the appropriate Host State local authorities.
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2.    Nothing in this Agreement is intended or may be                  2.    Notwithstanding paragraph 1, the provisions contained in
construed as to derogate from any rights that may attach to a          Articles 4(6), 5(1) to (3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(7) to
Member State of the Union or to any other State contributing           (9), 10(2), 11 and 15 shall be deemed to have applied from the
to EUTM Somalia under other agreements.                                date on which the first EUTM Somalia personnel were deployed
                                                                       if that date was earlier than the date of entry into force of this
                                                                       Agreement.
                           Article 18
                 Implementing arrangements                             3.    This Agreement may be amended by written agreement
                                                                       between the Parties.
For purposes of the application of this Agreement, operational,
administrative and technical matters may be the subject of             4.    Termination of this Agreement shall not affect any rights
separate arrangements to be concluded between the EU                   or obligations arising out of the execution of this Agreement
Mission Commander and the Host State’s administrative                  before such termination.
authorities.
                           Article 19                                  Done at Kampala, in duplicate, in the English language, this
                                                                       12th day of August 2010.
              Entry into force and termination
1.    This Agreement shall enter into force on the day on
which it is signed and shall remain in force until the date of
                                                                            For the European Union             For the Republic of Uganda
departure of the last EUTM Somalia element and of the last
EUTM Somalia personnel, as notified by EUTM Somalia.                         Vincent DE VISSCHER                    Crispus KIYONGA