Published: 2014-03-10
Key Benefits:
|
1.4.2014 |
EN |
Official Journal of the European Union |
L 98/1 |
COUNCIL DECISION 2014/181/CFSP
of 10 March 2014
on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Central African Republic on the status in the Central African Republic of the European Union military operation in the Central African Republic (EUFOR RCA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 10 February 2014, the Council adopted Decision 2014/73/CFSP (1), which provides that the status of Union-led units and personnel of the European Union military operation in the Central African Republic (EUFOR RCA), including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, is to be the subject of an agreement concluded pursuant to Article 37 of the Treaty on European Union (TEU) and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU). |
|
(2) |
Following the adoption of a Decision by the Council on 10 February 2014 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with Article 37 TEU, negotiated an Agreement in the form of an Exchange of letters between the Union and the Central African Republic on the status of EUFOR RCA. |
|
(3) |
In accordance with Article 5 of the Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application. |
|
(4) |
The Agreement in the form of an Exchange of Letters should be approved, |
HAS ADOPTED THIS DECISION:
Article 1
The Agreement in the form of an Exchange of Letters between the European Union and the Central African Republic on the status in the Central African Republic of the European Union military operation in the Central African Republic (EUFOR RCA) is hereby approved on behalf of the Union.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the respective letter in order to bind the Union.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 10 March 2014.
For the Council
The President
G. VROUTSIS
(1) Council Decision 2014/73/CFSP on a European Union military operation in the Central African Republic (EUFOR RCA) (OJ L 40, 11.2.2014, p. 59.)
AGREEMENT
in the form of an exchange of letters between the European Union and the Central African Republic on the status in the Central African Republic of the European Union military operation in the Central African republic (EUFOR RCA)
Brussels, 10 March 2014
H.E. Ms Catherine Samba-Panza
Chef d'État de la transition
Central African Republic
Your Excellency,
Following the adoption of United Nations Security Council Resolution 2134 (2014), the European Union will very soon deploy a military operation in the Central African Republic (EUFOR RCA) in order to help establish a secure environment in your country.
As you will recall, on 16 April 2008 the Central African Republic entered into an Agreement on the status of the European Union military operation in Chad and the Central African Republic (EUFOR Tchad/RCA) in accordance with United Nations Security Council Resolution 1778 (2007).
The terms of that Agreement, which ceased to be in force when the last EUFOR Tchad/RCA troops left, are nevertheless ideally suited to the needs of the European Union military operation which will be deployed in the Central African Republic.
I therefore suggest that all provisions of that Agreement (Articles 1 to 19) be made to apply to EUFOR RCA, on the understanding that:
|
— |
each mention of EUFOR in the above-mentioned articles will be considered to refer to EUFOR RCA; |
|
— |
the means of transport referred to in Articles 1(3)(a), 3(2) and 4(3) will be considered to include the means of transport belonging to the national contingents making up EUFOR RCA, but also those hired or chartered by EUFOR RCA; |
|
— |
the reference to United Nations Security Council Resolution 1778 (2007) of 25 September 2007 in Article 1(3)(b) will be understood as a reference to United Nations Security Council Resolution 2134 (2014) of 28 January 2014. |
I should be grateful if you would let me know whether you accept these suggestions. If you do accept, this letter, together with your reply, will constitute a legally-binding international agreement between the Central African Republic and the European Union on the status of EUFOR RCA, which will enter into force on the date on which your letter of reply is received.
Please accept, Madam, the assurance of my highest consideration.
For the European Union
C. ASHTON
Catherine Ashton
High Representative of the Union for Foreign Affairs and Security Policy
Madam the High Representative,
Thank you for your letter of 10 March 2014 2014 regarding the deployment of a European Union military operation in the Central African Republic, which reads as follows:
‘Following the adoption of United Nations Security Council Resolution 2134 (2014), the European Union will very soon deploy an operation in the Central African Republic (EUFOR RCA) in order to help establish a secure environment in your country.
As you will recall, on 16 April 2008 the Central African Republic entered into an Agreement on the status of the European Union military operation in Chad and the Central African Republic (EUFOR Tchad/RCA) in accordance with United Nations Security Council Resolution 1778 (2007).
The terms of that Agreement, which ceased to be in force when the last EUFOR Tchad/RCA troops left, are nevertheless ideally suited to the needs of the European Union military operation which will be deployed in the Central African Republic.
I therefore suggest that all provisions of that Agreement (Articles 1 to 19) be made to apply to EUFOR RCA, on the understanding that:
|
— |
each mention of EUFOR in the above-mentioned articles will be considered to refer to EUFOR RCA; |
|
— |
the means of transport referred to in Articles 1(3)(a), 3(2) and 4(3) will be considered to include the means of transport belonging to the national contingents making up EUFOR RCA, but also those hired or chartered by EUFOR RCA; |
|
— |
the reference to United Nations Security Council Resolution 1778 (2007) of 25 September 2007 in Article 1(3)(b) will be understood as a reference to United Nations Security Council Resolution 2134 (2014) of 28 January 2014. |
I should be grateful if you would let me know whether you accept these suggestions. If you do accept, this letter, together with your reply, will constitute a legally-binding international agreement between the Central African Republic and the European Union on the status of EUFOR RCA, which will enter into force on the date on which your letter of reply is received.’.
I am pleased to inform you that I accept the terms suggested in your letter.
Please accept, Madam, the assurance of my highest consideration.
For the Central African Republic
Catherine SAMBA-PANZA
