AGREEMENT

between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

THE EUROPEAN UNION (‘EU’ or ‘Union’),

of the one part, and

THE SWISS CONFEDERATION,

of the other part,

hereinafter jointly referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— 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),

— the letter dated 18 September 2013 from the Head of the Federal Department of Foreign Affairs of the Swiss Confederation, offering a contribution to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) limited to a civilian capacity,

— Political and Security Committee Decision EUTM Mali/3/2013 of 12 November 2013 on the acceptance of third States' contributions to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)(2),

— Political and Security Committee Decision EUTM Mali/2/2013 of 12 November 2013 on the establishment of the Committee of Contributors for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)(3),

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the mission

1. The Swiss Confederation shall associate itself with Decision 2013/34/CFSP and with any other Decision by which the Council of the European Union decides to extend EUTM Mali, in accordance with the provisions of this Agreement and any required implementing arrangements.

2. The contribution of the Swiss Confederation to EUTM Mali is without prejudice to the decision-making autonomy of the Union.

3. The Swiss Confederation shall ensure that Swiss personnel participating in EUTM Mali undertake their mission in conformity with:

— Decision 2013/34/CFSP and any possible subsequent amendments;

— the Mission Plan;

— implementing measures.

4. Personnel seconded to the mission by the Swiss Confederation shall carry out their duties and conduct themselves solely with the interest of EUTM Mali in mind.

5. The Swiss Confederation shall inform the EU Mission Commander in due time of any change to its participation in the mission.

Article 2

Status of forces

1. The status of personnel contributed to EUTM Mali by the Swiss Confederation shall be governed by the 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)(4) (the ‘Agreement on the status of forces’), signed on 4 April 2013.

2. Without prejudice to the Agreement on the status of forces, the Swiss Confederation shall exercise jurisdiction over its personnel participating in EUTM Mali.

3. The Swiss Confederation shall be responsible for answering any claims linked to the participation in EUTM Mali, from or concerning any of its personnel. The Swiss Confederation shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel, in accordance with its laws and regulations.

4. The parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss of, or destruction of assets owned or operated by either Party, arising out of the performance of their duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.

5. The Swiss Confederation undertakes to make a declaration as regards the waiver of claims against any State participating in EUTM Mali, and to do so when signing this Agreement.

6. The Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of the Swiss Confederation in EUTM Mali, and to do so when signing this Agreement.

Article 3

Classified information

The Agreement between the Swiss Confederation and the European Union on the security procedures for the exchange of classified information(5) shall apply in the context of EUTM Mali.

Article 4

Chain of command

1. Swiss personnel participating in EUTM Mali shall remain under the full command of their national authorities.

2. National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Mission Commander. The EU Mission Commander is entitled to delegate his authority.

3. The Swiss Confederation shall have the same rights and obligations in terms of the day-to-day management of the mission as participating EU Member States.

4. The EU Mission Commander may, following consultations with the Swiss Confederation, at any time request the withdrawal of the Swiss Confederation's contribution.

5. A Senior Representative (SR) shall be appointed by the Swiss Confederation to represent its national contingent in EUTM Mali. The SR shall consult with the EU Mission Commander on all matters affecting the mission and shall be responsible for day-to-day contingent discipline.

Article 5

Financial aspects

1. The Swiss Confederation shall assume all the costs associated with its participation in EUTM Mali.

2. In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the mission is conducted, the Swiss Confederation shall, when its liability has been established, pay compensation under the conditions foreseen in the Agreement on the status of forces.

3. The Union shall exempt the Swiss Confederation from any financial contribution to the common costs of EUTM Mali.

Article 6

Arrangements to implement the Agreement

Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the appropriate authorities of the Union and the appropriate authorities of the Swiss Confederation.

Article 7

Non-compliance

Should one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by serving notice of one month.

Article 8

Dispute settlement

Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.

Article 9

Entry into force and termination

1. This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for that purpose.

2. This Agreement shall be provisionally applied from the date of its signature.

3. This Agreement shall remain in force for the duration of the Swiss Confederation's contribution to the mission.

4. Each Party may terminate this Agreement by written notification to the other Party. The termination becomes effective 3 months after the date of such notification.

Done at Brussels, on the twenty-eighth day of April in the year two thousand and fourteen in the English language, in two copies.

For the European Union

[Bild bitte in Originalquelle ansehen]

For the Swiss Confederation

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(1)

OJ L 14, 18.1.2013, p. 19

(2)

OJ L 320, 30.11.2013, p. 33

(3)

OJ L 320, 30.11.2013, p. 31

(4)

OJ L 106, 16.4.2013, p. 2

(5)

OJ L 181, 10.7.2008, p. 58

DECLARATIONS

Declaration by the EU Member States

The EU Member States applying 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) 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 them and used by EUTM Mali, if such injury, death, damage or loss:

— was caused by personnel from the Swiss Confederation in the execution of their duties in connection with EUTM Mali, 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 mission and except in the case of gross negligence or wilful misconduct of EUTM Mali personnel from the Swiss Confederation using those assets.

Declaration by the Swiss Confederation

The Swiss Confederation applying 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) will endeavour, insofar as its internal legal system so permits, to waive, as far as possible, claims against any other State participating in EUTM Mali for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by EUTM Mali if such injury, death, damage or loss:

— was caused by personnel in the execution of their duties in connection with EUTM Mali, except in case of gross negligence or wilful misconduct, or

— arose from the use of any assets owned by States participating in the EUTM Mali, provided that the assets were used in connection with the mission and except in case of gross negligence or wilful misconduct of EUTM Mali personnel using those assets.