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Decree No. 2009-232 25 February 2009 On The Publication Of The Treaty Concerning The European Corps And The Status Of Its Headquarters Between The French Republic, The Federal Republic Of Germany, The Kingdom Of Belgium, The Kingdom Of Esp...

Original Language Title: Décret n° 2009-232 du 25 février 2009 portant publication du traité relatif au Corps européen et au statut de son Quartier général entre la République française, la République fédérale d'Allemagne, le Royaume de Belgique, le Royaume d'Esp...

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Summary

Application of art. 52 to 55 of the Constitution.

Keywords

AND EUROPEAN AFFAIRS , INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , GERMANY , BELGIUM , LUXEMBOURG , TRAITE , EUROPEAN CORPS , RATIFICATION , STATUS , GENERAL , ORGANIZATION , FUNCTIONING , COMPLIANCE


JORF n°0049 of 27 February 2009 page 3480
text No. 20



Decree No. 2009-232 of 25 February 2009 on the publication of the Treaty on the European Corps and the status of its headquarters between the French Republic, the Federal Republic of Germany, the Kingdom of Belgium, the Kingdom of Spain and the Grand Duchy of Luxembourg, made in Brussels on 22 November 2004 (1)

NOR: MAEJ0904017D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/2/25/MAEJ0904017D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/2/25/2009-232/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu la Act No. 2007-302 of 5 March 2007 authorizing the ratification of the Treaty on the European Corps and the status of its headquarters between the French Republic, the Federal Republic of Germany, the Kingdom of Belgium, the Kingdom of Spain and the Grand Duchy of Luxembourg;
Vu le Decree No. 49-1271 of 4 September 1949 publishing the North Atlantic Treaty, signed in Washington on 4 April 1949;
Vu le Decree No. 52-1170 of 11 October 1952 publishing the convention between the States parties to the North Atlantic Treaty on the status of their forces of 19 June 1951;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2003-246 of 18 March 2003 publishing the Treaty of Nice amending the Treaty on the European Union, the treaties establishing the European Communities and certain related acts, signed on 26 February 2001,
Decrete:

Article 1


The Treaty on the European Corps and the Status of its Headquarters between the French Republic, the Federal Republic of Germany, the Kingdom of Belgium, the Kingdom of Spain and the Grand Duchy of Luxembourg, made in Brussels on 22 November 2004, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex

    A N N E X E


    STATUS OF THE EUROPEAN CORPORATION AND STATUS OF THE
    GENERAL QUARTIER ENTRE LA RÉPUBLIQUE FRANÇAISE, LA
    REPUBLIC OF GERMANY, THE ROYAUME OF
    BELGIQUE, LE ROYAUME D'ESPAGNE ET LE GRAND-DUCHÉ
    DE LUXEMBOURG


    Preamble

    La République française,
    The Federal Republic of Germany,
    The Kingdom of Belgium,
    The Kingdom of Spain,
    The Grand Duchy of Luxembourg,
    hereinafter referred to as "the Contracting Parties",
    Considering Article 17 of the Treaty on the European Union, in its drafting resulting from the treaty signed on 26 February 2001, as well as the declaration on European security and defence policy, annexed to the final act of the Conference of Representatives of the Governments of the Member States, made in Nice on 26 February 2001,
    Considering the North Atlantic Treaty of 4 April 1949,
    Considering the Convention between the States Parties to the North Atlantic Treaty on the Status of Their Forces of 19 June 1951,
    Considering the Brussels Treaty of 17 March 1948 as amended by the Protocol of 23 October 1954,
    Considering the report of La Rochelle adopted on 22 May 1992 by the Franco-German Defence and Security Council on the establishment of the European Corps to which the Belgian government joined on 25 June 1993, the Spanish government on 1 July 1994 and the Luxembourg government on 7 May 1996,
    Considering the specific Agreement regulating the conditions of employment of the European Corps within the framework of the Atlantic Alliance of 21 January 1993 between the Supreme Commander of the Allied Forces in Europe and the Chiefs of Staff of the French and German Armed Forces, to which the Chief of the General Staff of Belgium joined on 12 October 1993, the Chief of the General Staff of Spain on 29 September 1995 and the Commander of the Luxembourg Army 9 April 1996,
    Considering the joint declaration establishing the conditions of employment of the European Corps within the framework of the Western European Union of 23 November 1993,
    Animated by the desire to act in accordance with the Charter of the United Nations, and concerned to recall that the missions of the European Corps are decided in accordance with the constitutional law of each Contracting Party,
    agreed that:

    PART I
    GENERAL PROVISIONS
    Article 1

    1. The purpose of this Treaty is to define the fundamental principles relating to the missions, organizational modalities and operation of the European Corps.
    2. The purpose of this Treaty is also to define the status of the European Corps Headquarters.
    3. Unless otherwise provided in the text of this Treaty, the law of the State of Residence shall apply.
    4. The Contracting Parties agree that the provisions of this Treaty are based on the application of the principles of reciprocity and balanced allocation of charges.

    Article 2

    In this Treaty:
    1. by " European Corps ": the multinational military corps constituted by the Headquarters and the units for which the Contracting Parties carried out the transfer of command to the General Commander the European Corps;
    2. by "transfer of command": the decision notified by the competent authority of a Contracting Party to place under the effective authority of the General Commander the European Corps a unit of the armed forces of that Contracting Party.
    The decision, which may be reported at any time, specifies the limits of the command that it transfers as well as the framework, place, effective date and duration;
    3. by " Joint Committee: the committee composed of the Chiefs of Staff of the Armed Forces and Political Directors of the Ministries of Foreign Affairs of each Contracting Party, or their representatives;
    4. By "the headquarters": the multinational headquarters of the European Corps and the representations of the air and marine armies attached to it, as well as the command and support elements of this staff;
    5. by " personnel of the headquarters": military and civilian personnel;
    6. by "military personnel": military personnel serving in the headquarters and belonging to the armed forces of the Contracting Parties;
    7. by "civil personnel": employees of Contracting Parties serving within the Headquarters.
    Civilian workers recruited by the Headquarters are in no way considered to be members of the headquarters staff;
    8. by "dependant": the spouse of a staff member of the Headquarters, any child who is at his or her expense, and any close relative who depends on him for economic or health reasons, who is actually supported by that member and who shares his or her accommodation.
    In the event of death or transfer of a staff member, dependants are considered dependants within the meaning of the previous sentence within 90 days of death or transfer;
    9. by "State of origin": the Contracting Party to which the personnel are employed, when located in the territory of another Contracting Party;
    10. by "State of residence": the Contracting Party in the territory of which is the headquarters of the European Corps or an element of that headquarters, including their personnel;
    11. by "Budget and Financial Committee": the committee composed of representatives of the Contracting Parties to which, in the budgetary and financial fields, the competences provided for under heading V;
    12. by " College of Experts on Accounts": the college composed in a balanced manner of representatives of the Contracting Parties to whom the competences set out in Part V are entrusted.

    Article 3

    The missions of the European Corps may be entrusted to it within the framework of either the United Nations or the Western European Union (WEU), or the North Atlantic Treaty Organization (NATO), or the common foreign and security policy of the European Union, or a joint decision of the Contracting Parties.
    In these circumstances, the missions of the European Corps, in addition to its joint defence missions, include humanitarian and evacuation missions, peacekeeping missions and combat forces missions for crisis management, including peacemaking missions.

    Article 4

    The Joint Committee is responsible, inter alia:
    - to prepare and implement the decisions of the Contracting Parties when approved, to provide guidance to the General Commander of the European Corps and to ensure mutual information and coordination between the Contracting Parties;
    - to ensure relations with the EU, the WEU, NATO, other international organizations and non-member states;
    - to consider issues relating to the implementation of this Treaty;
    - to coordinate decisions relating to the implementation of this Treaty;
    ―to exercise the skills specified in title IIl relating to the settlement of damages and title V in the budgetary and financial fields.

    Article 5

    1. The Headquarters has legal capacity. It has the ability to contract, acquire and feed.
    2. The Headquarters can be brought to justice as both plaintiff and defendant. However, it may be agreed between the Headquarters on the one hand and a Contracting Party on the other, that the latter will be subrogated before the courts of that State for any action to which the Headquarters will be a party. In this case, the Headquarters must provide for the reimbursement of actual costs in accordance with the budgetary and financial regulations.
    3. No enforcement or seizure measures or confiscation of property or funds may be taken against the Headquarters.
    This provision does not affect the possibility of a legal seizure of the remuneration of workers recruited by the Headquarters.

    Article 6

    1. The legal capacity of the headquarters is exercised by the General Commander of the European Corps or by any person expressly designated by him to act on his behalf.
    2. The General Commander of the European Corps may receive a mandate from the Joint Committee to negotiate agreements relating to the organization and conduct of exercises or operations in the territory of a third State.
    3. The General Commander of the European Corps receives his directives from the Joint Committee.
    They define its functions in times of peace and commitment, which include:
    operational and logistical planning;
    - contribution to the determination of training objectives;
    - control of the level of instruction;
    preparation and execution of exercises;
    – proposals on any other matter, including those relating to the organization of forces.
    4. The General Commander of the European Corps shall issue, within the framework of his powers, regulations of service concerning the functioning of the Headquarters and shall establish, in accordance with the general states of the States participating in the European Corps, permanent procedures for cooperation of the major units.
    5. The position of General Commander of the European Corps and the main positions of responsibility shall be filled by rotation by the Contracting Parties. The balance in the distribution of these positions between the Contracting Parties is ensured by a decision of the Joint Committee taking into account the changes in the structure of the European Corps.
    In any case, the positions of General Commanding the European Corps, Assistant to the General Commanding the European Corps, Chief of Staff, and Deputy Head of Major Operations are to be assigned each time to different States participating in the European Corps.
    6. The General Commander of the European Corps is developing an annual joint budget and a medium-term financial programming project. He is responsible for the execution of this budget.

    Article 7

    1. Upon their request, the General Commander of the European Corps authorizes the access of the authorities authorized under the law of the State of residence to enter the facilities of the Headquarters for the fulfilment of their official duties. However, in the event of a flagrant offence, of danger in the home or by a judge's decision, access is considered to be permitted.
    2. The archives and other official documents of the Headquarters are inviolable.
    However, the General Commander of the European Corps may, at the request of one of the Contracting Parties, authorize the consultation of these archives.
    In case of refusal, the Joint Committee decides.
    However, upon a decision of a magistrate, such authorization is granted ex officio, in accordance with the rules for the protection of military secrecy.

    Article 8

    As part of the exercises or employment of the European Corps, Contracting Parties are authorized to move and temporarily station their personnel and equipment on the territory of a Contracting Party after agreement of the competent authorities of the European Corps.

    Article 9

    Military personnel may hold and carry weapons only if authorized by the regulations applicable to them.

    Article 10

    1. The Contracting Parties shall ensure, by appropriate measures, the protection of information, documents and materials that must remain secret, addressed to or generated by the European Corps.
    These measures take similar account of the principles and rules of the protection of secrecy of the Council of the European Union.
    2. The General Commander of the European Corps, with the approval of the national security authorities of the Contracting Parties, shall determine the instructions necessary for the application of the protection of secrecy within the European Corps.
    3. The Contracting Parties undertake to carry out the enabling procedures of their nationals in need of information protected under the European Corps, in accordance with the national rules in force, and to provide mutual assistance with respect to this enabling procedure.
    4. The following table sets the equivalence between the classification of the European Corps and the classification of the Council of the European Union.


    EUROCOR TRES SECRET
    TRES SECRET EU/EU TOP SECRET
    EUROCOR SECRET
    EU SECRET
    EUROCOR CONFIDENTIEL
    EU CONFIDENTIA
    EUROCOR DIFFUSION RESTREINT
    EU



    Article 11

    The military driving licence issued by one of the Contracting Parties is also valid in the territory of the other Contracting Parties for the corresponding military vehicles of all Contracting Parties.

    Article 12

    Subject to any arrangement to the contrary, military personnel shall be uniformed or held in the same conditions as members of the armed forces of the State of residence.

    Article 13

    Vehicles acquired by the Headquarters are subject to specific registration in accordance with the existing legislation of the Contracting Party in the territory of which the Headquarters is located.
    Vehicles made available to the headquarters by each Contracting Party shall retain their national registration and bear a distinctive mark of the European Corps.

    PART II
    LEGAL COMPETENCE
    Article 14

    The authorities of the State of origin have the right to exercise the powers of criminal and disciplinary jurisdiction conferred upon them by the legislation of the State of origin on the staff of the Headquarters General subject to the criminal and disciplinary legislation of that State.
    The authorities of the State of residence have the right to exercise their jurisdiction over the staff of the Headquarters in respect of the offences committed in the territory of the State of residence and punished under its legislation.

    Article 15

    1. The authorities of the State of origin have the right to exercise, by priority, their jurisdiction over the staff of the Headquarters, under this State, with regard to:
    a. offences that affect only the security or property of that State or offences that affect only the person or property of a member of the staff of that State and a dependant;
    b. the offences resulting from any act or negligence in the performance of the service.
    2. For other offences, the authorities of the State of residence exercise their jurisdiction by priority.
    3. The Contracting Party that has the right to exercise its jurisdiction by priority may waive it. In this case, it shall notify the authorities of the other Contracting Parties concerned as soon as possible. The Contracting Party which has the right to exercise its jurisdiction by priority shall consider carefully the applications for waiver of this right, submitted by the authorities of the other Contracting Parties concerned. When the State of residence waives its priority of jurisdiction, the staff member of the relevant headquarters must be removed from the territory of the State of residence if the latter so requires.

    Article 16

    1. The authorities of the States of residence and of origin lend themselves mutual assistance, for the arrest of a member of the staff of the State of origin or of the dependants in the territory of the State of residence and for the handover to the authority or tribunal that exercises its jurisdiction in accordance with Articles 14 and 15 above.
    2. The authorities of the State of residence shall promptly notify the authorities of the State of origin of the arrest of any member of the staff of the Headquarters or of a dependant.
    3. The custody of a staff member on whom the State of residence exercises its right of jurisdiction and who is in the hands of the authorities of the State of origin will remain assured by them until proceedings have been brought against him by the State of residence.

    Article 17

    1. The authorities of the States of residence and origin lend themselves mutual assistance for the conduct of investigations, for the search for evidence, including seizure, and, where appropriate, the surrender of the evidence and the objects of the offence. These obligations are also the responsibility of the Headquarters. When the seizure of documents and objects handed over is no longer absolutely necessary for judicial proceedings, their restitution is carried out as soon as possible.
    2. The authorities of the Contracting Parties, in cases where there is a competing jurisdiction, shall inform each other the follow-up to the cases.

    Article 18

    A person who has been permanently tried by a Contracting Party may not, for the same facts, be prosecuted by another Contracting Party, provided that, in the event of a conviction, the penalty has been incurred or is currently being executed or may not be executed according to the laws of the Contracting Party of Conviction.
    However, this article does not in any way oppose that the authorities of the State of origin punish a member of the staff of the Headquarters for any violation of the rules of discipline resulting from the act or negligence of the offence for which it was tried by a Contracting Party.

    Article 19

    1. Military police personnel within the Headquarters may take all necessary measures to ensure the maintenance of order and security in its facilities.
    2. The use of the said personnel outside these facilities is subject to an agreement with the authorities of the State of residence, is in liaison with them and intervenes only as long as it is necessary to maintain order and discipline among the staff members.

    PART III
    REGULATION OF DOMMAGES
    Rule 20

    1. a. Each Contracting Party shall waive any claim for compensation against another Contracting Party or the Headquarters for damages caused to it in the context of the implementation of this Treaty.
    Similarly, the Headquarters cannot claim compensation against Contracting Parties for the damage caused to it;
    b. The Contracting Parties agree that the provisions of sub-paragraph 1.a. of this Article shall also apply to damage caused or sustained by the units from which they have transferred the command to the General Commander of the European Corps.
    c. The waiver of compensation does not apply to claims for subdivisions of a Contracting Party with legal personality, which are considered to be claims of third parties.
    2. a. The Headquarters is civilly responsible for the damage it causes to third parties. The amounts paid in compensation for these damages are borne by the common budget. The common budget also covers damage caused to third parties by the personnel of the units whose Contracting Parties have transferred command to the General Commander of the European Corps;
    b. The Contracting Party in the territory of which damage has been caused to third parties the rule as it should do if it was itself responsible for the damage caused. The introduction, instruction and determination of third party claims shall be made in accordance with the laws and regulations of that Contracting Party.
    Such compensation shall then be reimbursed in full and without delay to that Contracting Party by the Headquarters;
    c.
    (i) The Contracting Parties shall contribute to the financing of the sums paid by the Headquarters because of the civil liability in proportion to their total contributions to the common budget;
    (ii) They contribute equally to the financing of the sums paid by the Headquarters because of the damage caused by the units whose command was transferred to the General Commander of the European Corps, provided that one of their units participated in the activity of the European Corps in the context of which such damage occurred;
    (iii) If the damage caused cannot be clearly attributed to the Headquarters or units whose command has been transferred to the General Commander of the European Corps, the contribution of the Contracting Parties to the financing of the amounts paid for the damage shall be made in accordance with (i);
    d. Third-party compensation for damage to the European Corps is paid to the common budget.
    3. In the case of damage that may be caused to third parties by the European Corps or caused to the European Corps by third parties outside the territory of one of the Contracting Parties, the Joint Committee is tasked by Contracting Parties to develop common procedures.

    Article 21

    Claims for compensation based on damages or negligence of the staff of the Headquarters and units whose contracting parties have transferred the command to the General Commander of the European Corps, which have not been completed in the performance of the service, are resolved as follows:
    1. The authorities of the State of Residence shall instruct the claim for compensation and shall set the compensation due to the applicant in a fair and equitable manner, taking into account all circumstances of the case. They prepare a report on the case and send it to the authorities of the State of origin.
    2. The State of origin then decides without delay whether it is compensating for a gratuity. In this case, it sets the amount.
    3. If an offer of gratis compensation is accepted as a full compensation by the applicant, the authorities of the State of origin themselves make this payment and make known to the authorities of the State of residence the decision and the amount of the sum paid.
    4. The provisions of this article do not oppose in any way that the jurisdiction of the State of origin determines the action that could be brought against a member of the staff of the Headquarters or units whose Contracting Parties have transferred the command to the General Commander of the European Corps, provided that a fully satisfactory payment has not been made.

    Article 22

    No enforcement action may be taken on a member of the staff of the Headquarters or units whose Contracting Parties have transferred the command to the General Commander of the European Corps when a judgment has been pronounced against him by the courts of the Contracting Party which has initiated the claim for compensation if it is a dispute arising out of an act carried out in the performance of the service.

    Article 23

    The authorities of the State of origin, the authorities of the State of residence and the General Commander of the European Corps are assisting in the search for evidence necessary for a fair examination and a decision with regard to claims of compensation that are of interest to the European Corps.

    PART IV
    FISCAL AND DOUBLE PROVISIONS
    Article 24

    As part of its official use, the assets, revenues and other assets of the Headquarters are exempt from all direct taxes.

    Rule 25

    The Headquarters does not have an exemption for taxes, taxes and fees that constitute the remuneration of public utility services.

    Rule 26

    1. When the Headquarters conducts important purchases and acquisitions of goods or services necessary for its official use and the price of which includes indirect taxes and duties, Contracting Parties shall take, in accordance with Community law, appropriate measures for the exemption or reimbursement of such taxes and duties.
    2. Imports of goods and goods carried out by the Headquarters and necessary for its official use are exempt in accordance with the Community law of indirect duties and taxes.
    3. Vehicles acquired by the Headquarters and intended for its official use are exempt from taxes, duties or taxes due to traffic and registration.

    Rule 27

    1. Without prejudice to the provisions of Community law, the staff of the Headquarters, assigned to the Headquarters and not a national of the State of residence, may be exempted from the following tax exemptions:
    - authorization to acquire a vehicle for VAT exemption;
    - a monthly fuel quota zero-taxed.
    2. The limits and modalities of tax exemptions referred to in this article shall be fixed by the State of residence.
    3. The State of residence may only grant tax exemptions referred to in this article until 31 December 2007.

    Rule 28

    The acquired or imported goods and goods that have been exempted or have opened the right to reimbursement in accordance with the provisions of Articles 26 and 27 shall not be disposed of or made available, free or expensive, only after the regulation of the exempted taxes or duties or refunded under the conditions fixed by the Contracting Party which has granted the exemptions or refunds.

    Rule 29

    1. For the purposes of taxes on income and property, as well as the rights of succession and donation and for the application of bilateral agreements to prevent double taxation, the staff members of the headquarters who, only because of the exercise of their functions at the European Corps headquarters, establish their residence in the territory of a Contracting Party other than the State that pays them the balances, salaries and other similar remuneration that they perceive as tax.
    This provision also applies to the spouse to the extent that the spouse does not engage in a proper professional activity, as well as to dependent children and in the custody of persons referred to in this section.
    2. The balances, salaries and other similar remuneration that are paid to the staff of the Headquarters as such are exclusively taxable in the State of origin that pays them.

    Rule 30

    Any Customs or tax exemption or ease granted under this Treaty shall be subject to compliance with the conditions that the customs or tax authorities of each Contracting Party may consider necessary to prevent abuse.

    PART V
    BUDGETARY AND FINANCIAL PROVISIONS
    Rule 31

    An annual joint budget is put in place. It includes income and investment and operating expenses of the Headquarters, including staff costs related to civilian workers recruited by the Headquarters. It also includes income and expenditure under heading III. Expenditures are financed by Contracting Parties in accordance with the budgetary and financial regulations.

    Rule 32

    1. The College of Auditors:
    ― ensuring compliance with the budgetary and financial regulations;
    - controls the revenues and expenses of the annual common budget;
    ― examines each year the execution of the budget and prepares its report on this execution.
    2. The president of this college is chosen by rotation among the members of the college. It must be of a different nationality than that of the General Commander of the European Corps.
    3. The national audit authorities have the right to consult with the European Corps Headquarters on the basis of financial contributions and national expenditures.

    Rule 33

    The Budget and Financial Committee:
    - advising the Joint Committee on Financial and Budgetary Questions;
    ― establishes the budgetary and financial regulations that specify, among other things, how funding, budgetary procedures, burden allocation keys and fund appeal procedures, and submits these regulations for approval to the Joint Committee;
    - examines the proposed annual common budget and medium-term programming, amends it if necessary and submits it to the Joint Committee for approval;
    ― examines the annual performance report prepared by the General Commander of the European Corps;
    ― examines, after hearing, as appropriate, the comments of the General Commander of the European Corps, the annual performance report prepared by the College of Experts on Accounts;
    - transmits to the Joint Committee its conclusions on the two reports referred to in this article.

    Rule 34

    The Joint Committee:
    - approves the budgetary and financial regulations;
    - approves the annual common budget and medium-term programming;
    ― approves the report on the performance of the annual common budget, having read out the report of the College of Auditors and the conclusions of the Budget and Financial Committee.

    PART VI
    OTHER PROVISIONS
    Rule 35

    1. When the Joint Committee decides, exercises for the purpose of instruction and training of the European Corps may be conducted in the territory of either of the Contracting Parties.
    2. Exercises are usually held on land reserved for this purpose. If the purpose of these exercises cannot be achieved so, they can take place in free ground.

    Rule 36

    The Headquarters has the same post and telecommunications facilities as the armed forces of the Contracting Party in the territory of which it is located.

    Rule 37

    1. The authorities of the State of Residence take the necessary measures alone to ensure that real property and related services may be available to the Headquarters.
    2. Within the real property available to the Headquarters for its exclusive use, the law of the State of residence applies only to the extent that it is not the organization, internal functioning and administration of the Headquarters, the personnel and dependants or other internal affairs that have no foreseeable effect on the rights of third parties or on neighbouring municipalities or on security and public order.

    Rule 38

    1. As part of the implementation of this Treaty, persons authorized to perform a health function in the army of a Contracting Party may exercise this function for the benefit of the personnel of other Contracting Parties and dependants, regardless of their nationality.
    2. As part of the implementation of this Treaty, the personnel of the Headquarters and the dependants shall be provided with appropriate medical or dental care, including in hospitalization, in military care facilities under the same conditions as the personnel of the Contracting Party in the territory of which they are located.

    Rule 39

    Staff and dependants of the Headquarters are not subject to the laws of the State of residence relating to the registration and control of foreigners.

    Rule 40

    As part of the implementation of this Treaty and subject to the consideration of safety and public order, vehicles and other means of transport, in accordance with the standards of a Contracting Party, shall be allowed to circulate in the territory of any other Contracting Party.

    Rule 41

    1. Where a furniture or immovable property ceases to be necessary in the Headquarters, or in the event of denunciation by one or all of the Contracting Parties, the latter agree to determine the residual value of the investments they have financed in common and the compensation of the residual value.
    2. The terms and conditions for the application of these provisions, including the criteria for determining the residual value, are set out in the budgetary and financial regulations.

    Rule 42

    1. The Joint Committee may accept the appointment of third State personnel to the Headquarters.
    2. The status of these personnel is fixed by agreement between the State which designates them and the State of residence.
    3. The modalities for the participation of third State personnel in the activities of the European Corps are decided by the Contracting Parties.
    4. The costs related to the presence of third-country personnel are borne by the States that designate them.

    PART VII
    FINAL CLAUSES
    Rule 43

    1. Any dispute between the Contracting Parties with regard to the interpretation or application of this Treaty shall be settled by negotiations between them.
    2. Disputes, which cannot be settled by direct negotiations between the Parties concerned, are brought before the Joint Committee.

    Rule 44

    1. On the proposal of a Contracting Party, this Treaty may be revised at any time with the agreement of all Contracting Parties.
    2. Any revision shall be subject to ratification and shall enter into force in accordance with the provisions of Article 46 below.

    Rule 45

    This Treaty may be supplemented by enforcement agreements concluded on behalf of the Governments of the Contracting Parties or special arrangements concluded by the competent authorities of the Contracting Parties.

    Rule 46

    1. This Treaty is subject to ratification by Contracting Parties. The instruments of ratification shall be deposited with the Government of the French Republic.
    2. This Treaty comes into force one month after the date of deposit of the last instrument of ratification.

    Rule 47

    1. The Contracting Parties, unanimously, may invite any Member State of the European Union to accede to this Treaty.
    2. The instruments of accession are deposited with the Government of the French Republic.
    3. The Contracting Parties and the acceding State agree, on the basis of this Treaty and the provisions adopted for its implementation, on the terms and conditions of accession, including budgetary and financial matters.
    4. This Treaty comes into force for the Member State one month after the date of deposit of its instrument of accession.

    Rule 48

    The Government of the French Republic shall notify each Contracting Party or adherent of the date of deposit of instruments of ratification or accession, as well as the date of entry into force of this Treaty for Contracting Parties or adherents.

    Rule 49

    1. This Treaty may be denounced at any time by each Contracting Party after a period of 10 years from the date of its entry into force for the denouncing Party.
    2. The denunciation of this Treaty by one of the Contracting Parties shall be by written notification to the Government of the French Republic, which shall inform the other Contracting Parties.
    3. When denunciation by a Contracting Party or if the Contracting Parties decide to terminate this Treaty, they agree, on the basis of this Treaty and the provisions adopted for its implementation, on the consequences of this situation, including budgetary and financial matters.
    4. The denunciation takes effect one year after the receipt of the notification.
    In faith, the respective Plenipotentiaries have signed this Treaty.
    Done in Brussels on 22 November 2004, in the German, Spanish, French and Dutch languages, the four texts being equally authentic, in a single original which will be deposited in the archives of the Government of the French Republic.
    It shall transmit to each Contracting Party a certified true copy.


Done in Paris, February 25, 2009.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This Treaty entered into force on 26 February 2009.
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