Council Decision 2006/201/CFSP of 27 February 2006 concerning the extension of the agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tas... (European Union)

Council Decision 2006/201/CFSP of 27 February 2006 concerning the extension of the agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European U

Published: 2006-02-27

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10.3.2006

Official Journal of the European Union

L 71/53

COUNCIL DECISION 2006/201/CFSP

of 27 February 2006

concerning the extension of the agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel

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)	On 9 September 2005, the Council adopted Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh, Indonesia (Aceh Monitoring Mission — AMM) (1).

(2)

Article 7 of the Joint Action 2005/643/CFSP provides that the status of the Aceh Monitoring Mission staff in Indonesia, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of the Aceh Monitoring Mission, shall be agreed in accordance with the procedure laid down in Article 24 of the Treaty.

(3)

Following negotiations with the Government of Indonesia, on 3 October 2005 the Council adopted Decision 2005/765/CFSP concerning the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel (2) authorising the signature of the agreement in the form of an Exchange of Letters.

(4)

As stated in the letter of 14 September 2005 and its annexes from the Minister of Foreign Affairs of the Government of Indonesia regarding the tasks, status, privileges and immunities of the Aceh Monitoring Mission (AMM) and its personnel and the reply from the Secretary-General/High Representative of 3 October 2005, this agreement in the form of an Exchange of Letters may be extended for another period of up to six months by mutual consent (3).

(5)	On 13 February 2006 the Government of Indonesia invited the European Union to extend the mandate of the Aceh Monitoring Mission for a period of three months.

(6)	The Council, on 27 February 2006, adopted Joint Action 2006/202/CFSP amending and extending Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) (4), extending the AMM for a period of three months.

(7)	The extension of the agreement in the form of an Exchange of Letters for a period of three months should be approved on behalf of the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

The extension of the agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel, is hereby approved on behalf of the European Union.

The text of the Exchange of Letters agreeing to this extension is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Exchange of Letters in order to bind the European Union (5).

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, 27 February 2006.

For the Council

The President

U. PLASSNIK

(1) OJ L 234, 10.9.2005, p. 13.

(2) OJ L 288, 29.10.2005, p. 59.

(3) OJ L 288, 29.10.2005, p. 60.

(4) See page 57 of this Official Journal.

(5) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

10.3.2006

Official Journal of the European Union

L 71/55

EXCHANGE OF LETTERS

concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitorino Mission — AMM) and its personnel

Jakarta, 13 February 2006

Dear Excellency,

On behalf of the Government of the Republic of Indonesia, I would like to express my appreciation to the European Union for its participation in the Aceh Monitoring Mission (AMM) and for its remarkable works that have been carried out since its deployment in the Province of Nanggroe Aceh Darussalam (NAD).

At this juncture, I have the honour to refer to the letter and its Annexes of the Indonesian Foreign Minister ad interim dated 14 September 2005 and your letter and its Annexes dated 3 October 2005 regarding the tasks, status, privileges and immunities of the Aceh Monitoring Mission (AMM).

In that regard, I have the honour to convey to you the decision of the Government of the Republic of Indonesia to invite the European Union to extend its presence in the Province of Nanggroe Aceh Darussalam (NAD) for a period of 3 (three) months from 16 March 2006 until 15 June 2006, or shorter depending on the date of the local election.

The status, privileges and immunities of the AMM will be identical to those stipulated in our exchange of letters respectively dated 14 September 2005 and 3 October 2005 constituting a legally binding instrument between the Government of the Republic of Indonesia and the European Union.

The works of the AMM during this period will include the tasks of AMM as stipulated in Article 5.2 of the Memorandum of Understanding Between the Government of the Republic of Indonesia and the Free Aceh Movement 15 August 2005, except tasks (a) and (b) that have been completed.

Against this backdrop, I foresee that the number of AMM personnel would amount to around 80 (eighty) personnel.

If the foregoing proposal is acceptable to the European Union, I have further the honour to propose that this letter as well as your affirmative letter in reply together constitute a legally binding instrument between the Government of the Republic of Indonesia and the European Union. This instrument shall enter into force on 16 March 2006 and be terminated on 15 June 2006. For the Government of the Republic of Indonesia this legal framework is based on Indonesian Law No 2 of 1982 dated 25 January 1982 concerning the Ratification of Convention on Special Mission, 1969.

I believe that the constructive cooperation that has been established, with a view to providing a peaceful, comprehensive and sustainable solution to the challenges facing Aceh, within the framework of the Unitary State of the Republic of Indonesia, can be further sustained and strengthened.

I look forward to your positive consideration.

Yours sincerely,

Dr. N. Hassan WIRAJUDA

Brussels, 28 February 2006

Dear Excellency,

I have the honour to refer to your letter of 13 February 2006 in which you convey to us the decision of the Government of the Republic of Indonesia to invite the European Union to extend its presence in the Province of Nanggroe Aceh Darussalam (NAD) for a period of three months from 16 March 2006 until 15 June 2006, or shorter depending on the date of the local elections.

I am pleased to confirm to you that the European Union has agreed to respond positively to this invitation.

I confirm that, in accordance with the terms of our exchange of letters respectively dated 14 September and 3 October 2005 constituting a legally binding instrument between the Government of the Republic of Indonesia and the European Union, this instrument will be extended by 3 (three) months until 15 June 2006.

The works of the AMM during this period will include the tasks of AMM as stipulated in Article 5.2 of the Memorandum of Understanding Between the Government of Indonesia and the Free Aceh Movement 15 August 2005, except tasks (a) and (b) that have been completed.

I have further the honour to confirm that your letter and this letter in reply constitute a legally binding instrument between the Government of the Republic of Indonesia and the European Union. This instrument shall enter into force on 16 March 2006 and be terminated on 15 June 2006.

May I once more take this opportunity to record the EU's appreciation of the progress made in the Aceh peace process and to reaffirm the European Union's continued commitment to supporting the development of a peaceful, comprehensive and sustainable solution to the challenges facing Aceh.

Please accept, Sir, the assurance of my highest consideration.

Yours sincerely,

Javier SOLANA