COUNCIL DECISION 2006/366/CFSP

of 20 March 2006

concerning the conclusion of the Agreement between the European Union and the Government of Georgia on the status in Georgia of the European Union Special Representative for the South Caucasus and his/her support team

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1) Further to the decision to respond to the situation following the closure of the OSCE border monitoring mission in Georgia by strengthening the European Union Special Representative (EUSR) for the South Caucasus, the Council adopted, on 28 July 2005, Joint Action 2005/582/CFSP amending and extending the mandate of the European Union Special Representative for the South Caucasus (1).

(2) Further to Council Decision of 3 October 2005 authorising the Presidency, assisted where necessary by the Secretary-General/High Representative, to open negotiations, the Presidency negotiated an agreement between the European Union and the Government of Georgia on the status in Georgia of the EUSR for the South Caucasus and his/her support team.

(3) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Government of Georgia on the status in Georgia of the European Union Special Representative for the South Caucasus and his/her support team is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.

Article 3

This Decision shall be published in the

Official Journal of the European Union

.

Article 4

This Decision shall take effect on the day of its adoption.

Done at Brussels, 20 March 2006.

For the Council

The President

U. PLASSNIK

(1)

OJ L 199, 29.7.2005, p. 92

. Joint Action as amended by Joint Action 2006/121/CFSP (

OJ L 49, 21.2.2006, p. 14

).

AGREEMENT

between the European Union and the Government of Georgia on the status in Georgia of the European Union Special Representative for the South Caucasus and his/her support team

THE GOVERNMENT OF GEORGIA, hereinafter referred to as the ‘Host Party’,

on the one hand, and

THE EUROPEAN UNION, hereinafter referred to as the ‘EU’,

on the other hand,

Together hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

HAVE AGREED ON THE FOLLOWING:

Article 1

General provisions

1. The European Union Special Representative (EUSR) and the members of his/her support team, including administrative and technical personnel and local personnel, shall respect the laws and regulations of the Host Party and shall refrain from any action or activity incompatible with the impartial and international nature of their duties or inconsistent with the provisions of this Agreement.

2. The EUSR shall regularly, and in a timely manner, inform the Government of the Host Party of the number, names, and nationalities of members of his/her support team, including administrative and technical personnel and local personnel, stationed in the territory of the Host Party, through the submission of a notification list to the Ministry of Foreign Affairs of the Host Party.

Article 2

Immunities and privileges of the EUSR and his/her support team

The EUSR and the members of his/her support team other than administrative and technical personnel (including local personnel) employed by the EUSR shall be granted privileges and immunities equivalent to those enjoyed by diplomatic agents under the Vienna Convention on Diplomatic Relations dated 18 April 1961, hereinafter referred to as ‘the Vienna Convention’. Such privileges and immunities shall also be granted to the members of the family of the EUSR and the members of the families of members of his/her support team as referred to above.

Article 3

Status of the EUSR and his/her support team

The EUSR and his/her support team shall be granted a status equivalent to that of a diplomatic mission under the Vienna Convention.

Article 4

Immunities and privileges of the administrative and technical personnel

Administrative and technical personnel employed by the EUSR shall be granted privileges and immunities equivalent to those enjoyed by the administrative and technical personnel of a diplomatic mission under the Vienna Convention.

Article 5

Status of the local personnel

The local personnel employed by the EUSR who are nationals of or permanently resident in the Host Party shall be granted a status equivalent to that enjoyed by locally employed personnel in diplomatic missions in the Host Party in accordance with the Vienna Convention.

Article 6

Security

1. The Government of the Host Party, through its own capabilities, shall assume full responsibility for the security of the personnel of the support team and to that end shall take all necessary measures, in consultation with the EUSR or his/her designated representative, for the protection, safety and security of the support team, also including, free of charge, activities relating to the emergency evacuation of the support team by all necessary means.

2. The authorities of the Host Party shall be responsible for ensuring at all times the personal, transport and lodging security of the support team when it is working outside of Tbilisi.

3. This security shall, where agreed with the EUSR or his/her designated representative and required by the prevailing security situation, include the provision of a sufficient number of armed and appropriately equipped personnel accompanying the support team on its movements,

inter alia

during rotary wing transport.

Article 7

Access to borders

In the course of their duties, the EUSR and his/her support team shall have unimpeded access to the northern, eastern and southern borders of the Host Party.

Article 8

Entry into force and termination

1. This Agreement shall enter into force upon written notification by the Parties that the internal requirements for its entry into force have been complied with.

2. This Agreement may be amended on the basis of mutual written agreement between the Parties. Such amendments shall enter into force as laid down in paragraph 1.

3. This Agreement shall remain in force until the final departure of the EUSR and his/her support team.

4. This Agreement may be denounced by written notification to the other Party. Denunciation shall take effect 60 days after the other Party's receipt of the notification of denunciation.

5. Neither the termination nor the denunciation of this Agreement shall affect any rights or obligations arising from the execution of this Agreement before its termination or denunciation.

Done at Brussels, on

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in English.

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For the Government of Georgia

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For the European Union