CELEX: 22013A0416(01)
Language: en
Date: 2013-04-04 00:00:00
Title: Agreement between the European Union and the Republic of Mali on the status in the Republic of Mali of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

L 106/2                EN                               Official Journal of the European Union                                            16.4.2013
                                                                     TRANSLATION
                                                                     AGREEMENT
              between the European Union and the Republic of Mali on the status in the Republic of Mali of the
              European Union military mission to contribute to the training of the Malian Armed Forces (EUTM
                                                                          Mali)
              THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
              of the one part, and
              THE REPUBLIC OF MALI, hereinafter referred to as ‘the Host State’,
              of the other part,
              hereinafter referred to as ‘the Parties’,
              TAKING INTO ACCOUNT:
              — the letter from the President of the Republic of Mali dated 24 December 2012 inviting the EU to deploy a military
                  training mission in the territory of the Republic of Mali;
              — Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the
                  training of the Malian Armed Forces (EUTM Mali) (1);
              — 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                                        (f)  ‘national contingents’ shall mean units and elements
                                                                                     belonging to the Member States of the EU and to other
                       Scope and definitions                                         States participating in EUTM Mali;
1.    This Agreement shall apply only within the territory of
the Host State.
                                                                                (g) ‘EUTM Mali personnel’ shall mean the civilian and military
                                                                                     personnel assigned to EUTM Mali as well as personnel
2.    This Agreement shall apply to the EU military mission to                       deployed for the preparation of the mission and
contribute to the training of the Malian Armed Forces (EUTM                          personnel on mission for a Sending State or an EU insti­
Mali) and to its personnel.                                                          tution or body in the context of the mission, present,
                                                                                     except as otherwise provided in this Agreement, within
3.    For the purposes of this Agreement:                                            the territory of the Host State, with the exception of
                                                                                     personnel employed locally and personnel employed by
(a) ‘EUTM Mali’ shall mean the military headquarters and                             international commercial contractors;
     national contingents, their facilities, assets and means of
     transport, contributing to the mission;                                    (h) ‘personnel employed locally’ shall mean personnel who are
                                                                                     nationals of or permanently resident in the Host State;
(b) ‘mission’ shall mean the preparation, establishment,
     execution and support of EUTM Mali;
                                                                                (i)  ‘EUTM Mali facilities’ shall mean all premises, accom­
                                                                                     modation and land areas required for EUTM Mali and
(c) ‘Mission Commander’ shall mean the commander of EUTM
                                                                                     EUTM Mali personnel;
     Mali in the theatre of the mission;
(d) ‘European Union (EU)’ shall mean the permanent bodies of                    (j)  ‘Sending State’ shall mean a State providing a national
     the EU and their staff;                                                         contingent for EUTM Mali;
(e) ‘EU military headquarters’ shall mean the military head­                    (k) ‘official correspondence’ shall mean all correspondence
     quarters and elements thereof, whatever their location,                         relating to EUTM Mali and its functions;
     under the authority of EU military commanders exercising
     the military command or control of EUTM Mali;
                                                                                (l)  ‘EUTM Mali assets’ shall mean equipment and consumer
(1) OJ L 14, 18.1.2013, p. 19.                                                       goods necessary for the mission;
 ---pagebreak--- 16.4.2013             EN                          Official Journal of the European Union                                             L 106/3
(m) ‘EUTM Mali means of transport’ shall mean all vehicles and            5.     For the purposes of the mission, the Host State shall grant
     other means of transport owned, hired or chartered by                EUTM Mali and EUTM Mali personnel freedom of movement
     EUTM Mali that are necessary for the mission.                        and freedom to travel within its territory, including its air space.
                             Article 2                                    6.     The Host State shall permit the entry of EUTM Mali assets
                       General provisions                                 and means of transport and grant them exemption from all
                                                                          custom duties, fees, tolls, taxes and similar charges other than
1.     EUTM Mali and EUTM Mali personnel shall respect the                charges for storage, cartage and other services rendered.
laws and regulations of the Host State and shall refrain from
any action or activity incompatible with the objectives of the
mission.                                                                  7.     For the purposes of the mission, EUTM Mali may use
                                                                          public roads, bridges, ferries and airports without the payment
                                                                          of duties, fees, tolls, taxes and similar charges. EUTM Mali shall
2.     EUTM Mali shall regularly inform the Government of the
                                                                          not be exempt from charges for services requested and received,
Host State of the number of members of EUTM Mali personnel
                                                                          under the conditions that apply to those provided to the Host
stationed within the Host State’s territory.
                                                                          State’s armed forces.
                             Article 3
                                                                                                         Article 5
                          Identification
                                                                          Privileges and immunities of EUTM Mali granted by the
1.     EUTM Mali personnel present in the territory of the Host                                         Host State
State shall carry passports or military identity cards with them
at all times.                                                             1.     EUTM Mali’s facilities shall be inviolable. The Host State’s
                                                                          agents shall not enter them without the consent of the
                                                                          commander of the mission.
2.     EUTM Mali vehicles and other means of transport shall
carry distinctive EUTM Mali identification markings and/or
registration plates, of which the relevant Host State authorities         2.     EUTM Mali, wherever located and by whomsoever its
shall be notified.                                                        assets, means of transport and facilities are held or occupied,
                                                                          shall enjoy immunity from every form of legal process.
3.     EUTM Mali 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 and means of transport. The        3.     EUTM Mali personnel, assets, facilities and means of
uniforms of EUTM Mali personnel shall carry a distinctive                 transport shall be immune from search, requisition, attachment
EUTM Mali emblem. National flags or insignia of the                       or execution.
constituent national contingents of the mission may be
displayed on EUTM Mali facilities and means of transport,
                                                                          4.     EUTM Mali’s archives and documents shall be inviolable at
and uniforms, as decided by the Mission Commander.
                                                                          any time, wherever they may be.
                             Article 4
                                                                          5.     EUTM Mali’s official correspondence shall be inviolable.
Border crossing and movement within the Host State’s
                            territory
1.     EUTM Mali personnel shall enter the Host State’s territory         6.     EUTM Mali shall be exempt from all national, regional and
only on presentation of a passport accompanied by an indi­                communal dues, taxes and charges of similar nature in respect
vidual or collective movement order issued by EUTM Mali. They             of purchased and imported EUTM Mali assets and means of
shall be exempt from visa regulations, immigration inspections            transport, EUTM Mali facilities, and services provided for the
and customs control on entering, leaving or within the Host               purposes of EUTM Mali. The application of this exemption may
State’s territory.                                                        not be made subject to any authorisation or prior notification
                                                                          by EUTM Mali of the competent authorities of the Host State.
                                                                          However, EUTM Mali shall not be exempt from fees or other
2.     EUTM Mali personnel shall be exempt from the Host                  charges that represent payment for services rendered.
State’s regulations on the registration and control of aliens,
but shall not acquire any right to permanent residence or
domicile in the territory of the Host State.                                                             Article 6
                                                                          Privileges and immunities of EUTM Mali personnel granted
3.     EUTM Mali assets and means of transport entering or                                          by the Host State
leaving the territory of the Host State in support of the
mission shall be exempt from any requirement to produce                   1.     EUTM Mali personnel shall not be liable to any form of
any customs documentation and from any inspection.                        arrest or detention.
4.     EUTM Mali personnel may drive motor vehicles provided              2.     The papers, correspondence and property of EUTM Mali
they hold a valid national, international or military driving             personnel shall be inviolable, except in case of measures of
licence issued by a Sending State.                                        execution which are permitted pursuant to paragraph 6.
 ---pagebreak--- L 106/4                EN                            Official Journal of the European Union                                         16.4.2013
3.     EUTM Mali personnel shall enjoy immunity from criminal                9.     The Host State shall, in accordance with such laws and
proceedings in the Host State under all circumstances.                       regulations as it may adopt, authorise entry of articles for the
                                                                             personal use of EUTM Mali personnel and grant exemption on
The immunity from criminal proceedings of EUTM Mali                          such articles from all customs duties, taxes and related charges
personnel may be waived by the Sending State or the EU                       other than charges for storage, cartage and similar services.
body concerned, as the case may be. Such waiver shall always
be in writing.
                                                                             The personal baggage of EUTM Mali personnel shall be exempt
                                                                             from inspection, unless there are serious grounds for presuming
4.     EUTM Mali personnel shall enjoy immunity from the civil               that it contains articles that are not for the personal use of
and administrative proceedings in the Host State in respect of               EUTM Mali personnel, or articles the import or export of
words spoken or written and all acts performed by them in the                which is prohibited by the law or controlled by the quarantine
exercise of their official functions.                                        regulations of the Host State. Such inspection shall be
                                                                             conducted only in the presence of the EUTM Mali personnel
If any civil proceedings are instituted against EUTM Mali                    concerned or of an authorised representative of EUTM Mali.
personnel before any Host State court, the Mission
Commander and the competent authority of the Sending
State or the EU body concerned shall be notified immediately.                                              Article 7
Prior to initiation of proceedings before the competent court,                                  Personnel employed locally
the Mission Commander and the competent authority of the
Sending State or the EU institution concerned shall certify to               Personnel employed locally shall enjoy privileges and
the court whether the act in question was performed by EUTM                  immunities only to the extent admitted by the Host State.
Mali personnel in the exercise of their official functions.                  However, the Host State shall exercise its jurisdiction over
                                                                             such personnel in such a manner as not to interfere unduly
If the act was performed in the exercise of official functions,              with the operation of the mission.
proceedings shall not be initiated and the provisions of
Article 15 shall apply. If the act was not committed in the                                                Article 8
exercise of official functions, proceedings may continue. The
certification issued by the commander of the mission and the                                       Criminal jurisdiction
competent authority of the Sending State or the EU body
                                                                             The competent authorities of a Sending State shall have the
concerned shall be binding upon the court of the Host State,
                                                                             right to exercise within the territory of the Host State all the
which may not contest it.
                                                                             criminal-jurisdiction and disciplinary powers conferred on them
                                                                             by the law of the Sending State with regard to all members of
However, the competent authorities of the Host State may                     EUTM Mali personnel subject to the relevant law of the Sending
challenge the merits of that certification within a period of                State.
two months from its date of issue. In such a case, each of
the Parties shall commit to resolving the dispute exclusively
by diplomatic means.                                                                                       Article 9
                                                                                                    Uniform and arms
The initiation of civil proceedings by EUTM Mali personnel shall
preclude them from invoking immunity from jurisdiction in                    1.     The wearing of uniform shall be subject to rules issued by
respect of any counter-claim directly connected with the                     the Mission Commander.
principal claim.
                                                                             2.     EUTM Mali military personnel may carry or transport
5.     EUTM Mali personnel shall not be obliged to give                      arms and the corresponding ammunition on condition that
evidence as witnesses.                                                       they are authorised to do so by their orders.
6.     No measures of execution may be taken in respect of
EUTM Mali personnel, except in cases where civil proceedings                                              Article 10
not related to their official functions are instituted against them.
                                                                                           Host State support and contracting
The property of EUTM Mali personnel, certified by the Mission
Commander to be necessary for the fulfilment of their official               1.     The Host State shall agree, if requested, to assist EUTM
functions, shall be free from seizure for the satisfaction of a              Mali in finding suitable facilities.
judgment, decision or order. In civil proceedings, EUTM Mali
personnel shall not be subject to any restrictions on their
personal liberty or to any other measures of constraint.                     2.     The Host State shall provide EUTM Mali, free of charge,
                                                                             with facilities of which it is the owner insofar as such facilities
                                                                             are necessary for the mission.
7.     The immunity of EUTM Mali personnel from jurisdiction
in the Host State does not exempt them from jurisdiction in the
respective Sending States.                                                   3.     Within its means and capabilities, the Host State shall
                                                                             assist in the preparation, establishment, and execution of and
8.     EUTM Mali personnel shall be exempt from any form of                  support for EUTM Mali. The Host State’s assistance and support
taxation in the Host State on the salary and emoluments paid to              for the mission shall be provided under the same conditions as
them by EUTM Mali or the Sending States, as well as on any                   the assistance and support given to the Host State’s armed
income received from outside the Host State.                                 forces.
 ---pagebreak--- 16.4.2013              EN                          Official Journal of the European Union                                           L 106/5
4.     The law applicable to contracts concluded by EUTM Mali              State, act outside those facilities to ensure the maintenance of
in the Host State shall be determined by the said contracts.               good order and discipline among EUTM Mali personnel.
5.     The contracts may stipulate that the dispute settlement                                         Article 14
procedure referred to in Article 15(3) and (4) shall be applicable
to disputes arising from the application of such contracts.                                        Communications
                                                                           1.     EUTM Mali may install and operate radio sending and
6.     The Host State shall facilitate the implementation of               receiving stations, as well as satellite systems. It shall
contracts concluded by EUTM Mali with commercial entities                  cooperate with the Host State’s competent authorities with a
for the purposes of the mission.                                           view to avoiding conflicts in the use of appropriate frequencies.
                                                                           The Host State shall grant access, free of charge, to the
                                                                           frequency spectrum in accordance with its legislation in force.
                              Article 11
                        Change to facilities                               2.     EUTM Mali shall enjoy the right to unrestricted communi­
1.     EUTM Mali shall be authorised to construct or modify                cation by radio (including satellite, mobile and hand-held radio),
facilities as requested for its operational requirements.                  telephone, telegraph, facsimile and other means, as well as the
                                                                           right to install the equipment necessary for the maintenance of
                                                                           such communications within and between EUTM Mali facilities,
2.     No compensation shall be requested from EUTM Mali by                including the laying of cables and land lines for the purposes of
the Host State for those constructions or modifications.                   the mission.
                              Article 12                                   3.     Within its own facilities EUTM Mali may make the
                  Deceased EUTM Mali personnel                             arrangements necessary for the conveyance of mail addressed
                                                                           to and from EUTM Mali and/or EUTM Mali personnel.
1.     The Mission Commander shall have the right to take
charge of and make suitable arrangements for the repatriation
of any deceased EUTM Mali personnel, as well as of their                                               Article 15
personal property.                                                                    Claims for death, injury, damage and loss
                                                                           1.     EUTM Mali and EUTM Mali personnel, the EU and
2.     No autopsy shall be performed on any deceased EUTM                  Sending States shall not be liable for any damage to or loss
Mali personnel without the agreement of the State concerned                of civilian or government property which are related to oper­
and the presence of a representative of EUTM Mali and/or the               ational necessities or caused by activities in connection with
State concerned.                                                           civil disturbances or protection of EUTM Mali.
3.     The Host State and EUTM Mali shall cooperate to the                 2.     With a view to reaching an amicable settlement, claims
fullest extent possible with a view to the early repatriation of           for damage to or loss of civilian property not covered by
deceased EUTM Mali personnel.                                              paragraph 1, as well as claims for death of or injury to
                                                                           persons and for damage to or loss of EUTM Mali assets, facilities
                              Article 13                                   or means of transport, shall be forwarded to EUTM Mali via the
                                                                           competent authorities of the Host State, as far as claims brought
           Security of EUTM Mali and military police                       by natural or legal persons from the Host State are concerned,
1.     The Host State shall take all appropriate measures to               or to the competent authorities of the Host State, as far as
ensure the safety and security of EUTM Mali and its                        claims brought by EUTM Mali are concerned.
personnel outside their facilities.
                                                                           3.     Where no amicable settlement can be found, the claim
2.     EUTM Mali shall be authorised, on the land territory of             shall be submitted to a claims commission composed on an
the Host State, to take the measures necessary, including the use          equal basis of representatives of EUTM Mali and representatives
of necessary and proportionate force, to protect its personnel,            of the Host State. Settlement of claims shall be reached by
facilities, assets and means of transport.                                 common agreement.
3.     This authorisation shall extend to the protection of                4.     Where no settlement can be reached within the claims
persons in the immediate environment of EUTM Mali                          commission, the dispute shall:
personnel where there are risks that might place the lives of
such persons in danger or cause them grievous bodily injury.
                                                                           (a) for claims up to and including EUR 40 000, be settled by
                                                                                diplomatic means between the Host State and EU represen­
4.     The Mission Commander may establish a military police                    tatives.
unit in order to maintain order on EUTM Mali facilities.
                                                                           (b) for claims above the amount referred to in point (a), be
5.     The military police unit may also, in consultation and                   submitted to an arbitration tribunal, the decision of which
cooperation with the military police or the police of the Host                  shall be binding.
 ---pagebreak--- L 106/6               EN                          Official Journal of the European Union                                          16.4.2013
5.    The arbitration tribunal shall be composed of three                 responsible for their implementation and for compliance with
arbitrators, one arbitrator being appointed by the Host State,            them on the part of the appropriate Host State local authorities.
one arbitrator being appointed by EUTM Mali and the third one
being appointed jointly by the Host State and EUTM Mali.                  2.     Nothing in this Agreement is intended or may be
Where one of the parties does not appoint an arbitrator                   construed to derogate from any rights that may attach to a
within two months or where no agreement can be found                      Sending State under other agreements.
between the Host State and EUTM Mali on the appointment
of the third arbitrator, the arbitrator in question shall be                                           Article 18
appointed by the president of a court of justice designated
jointly by the Parties.                                                                     Implementing arrangements
                                                                          For the purposes of the application of this Agreement, oper­
6.    An administrative arrangement shall be concluded                    ational, administrative and technical matters may be the subject
between EUTM Mali and the administrative authorities of the               of separate arrangements to be concluded between the Mission
Host State in order to determine the terms of reference of the            Commander and the Host State’s administrative authorities.
claims commission and the arbitration tribunal, the procedure
applicable within those bodies and the conditions under which
                                                                                                       Article 19
claims are to be lodged.
                                                                                         Entry into force and termination
                             Article 16                                   1.     This Agreement shall enter into force on the day on
                      Liaison and disputes                                which it is signed and shall remain in force until the date of
                                                                          departure of the last EUTM Mali element and of the last EUTM
1.    All issues arising in connection with the application of            Mali personnel, as notified by EUTM Mali.
this Agreement shall be examined jointly by the representatives
of EUTM Mali and the Host State’s competent authorities.                  2.     Notwithstanding paragraph 1, the provisions of
                                                                          Article 4(7), Article 5(1), (2), (3) and (6), Article 6(1), (3), (4),
2.    Failing any prior settlement, disputes concerning the inter­        (6), (8) and (9) and Articles 11 and 15 shall be deemed to be
pretation or application of this Agreement shall be settled               applicable from the date on which the first EUTM Mali
exclusively by diplomatic means between the Host State and                personnel were deployed if that date was earlier than the date
EU representatives.                                                       of entry into force of this Agreement.
                             Article 17                                   3.     This Agreement may be amended by written agreement
                                                                          between the Parties.
                        Other provisions
1.    Whenever this Agreement refers to the privileges,                   4.     Termination of this Agreement shall not affect any rights
immunities and rights of EUTM Mali and of EUTM Mali                       or obligations arising out of the execution of this Agreement
personnel, the Government of the Host State shall be                      before such termination.
                     Done at Bamako on the fourth day of April in the year two thousand and thirteen, in two
                     originals in the French language.
                              For the European Union                                   For the Republic of Mali