The Saeima has adopted and the President promulgated the following laws: the agreement between the Member States of the European Union on the military and civilian personnel, assigned to the institutions of the European Union, the status of the headquarters and forces that are available to the European Union in connection with the preparation and execution of the tasks referred to in the Treaty on European Union, article 17, second paragraph, including training, and on the military and civilian personnel status that is, to work in this field has been given to the European Union article 1. 2003. on 17 November, the agreement signed between the Member States of the European Union on the military and civilian personnel, assigned to the institutions of the European Union, the status of the headquarters and forces that are available to the European Union in connection with the preparation and execution of the tasks referred to in the Treaty on European Union, article 17, second paragraph, including training, and on the military and civilian personnel to the status of the work in this area has been given to the European Union (hereinafter the agreement), this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the agreement are coordinated by the Ministry of defence. 3. article. The agreement shall enter into force on the 19th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put the agreement in English and its translation into Latvian language. The law adopted by the Parliament of 8 December 2005. State v. President Vaira Vīķe-Freiberga in Riga, December 29, 2005 at the COUNCIL agreement between the Member States of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in article 17 (2) of the Treaty on European Union , including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA) (2003/C 321/02) the representatives OF the GOVERNMENTS OF the MEMBER STATES OF the EUROPEAN UNION, MEETING WITHIN the COUNCIL, Having regard to the Treaty on European Union (TEU), and in particular title V thereof; Whereas: (1) the European Council has decided, in pursuit of the Common Foreign and Security Policy (CFSP), to give the EU the capabilities required to take and implementations that decision on the full range of conflict prevention and crisis management tasks defined in the TEAM. (2) the National decision to send forces from Member States of the European Union (hereinafter the ' Member States ') into the territory of other Member States and to receive such forces from Member States in the context of the preparation and execution of the tasks referred to in article 17 (2) of the TEU, including exercise, will be taken in accordanc with the provision of title V of the TEU , and in particular with article 23 (1) thereof, and will be the subject of separate arrangements between the Member States concerned. (3) Specific agreements will have to be concluded with the third countries concerned in the case of exercises or operations taking place outside the territory of the Member States. (4) Under the provision of this agreement, the rights and obligations of the parties under international agreements and other international instruments establishing international tribunal, including the Rome Statute of the International Criminal Court, will remain unaffected, have AGREED AS follows: part I PROVISION COMMON TO ALL MILITARY AND CIVILIAN STAFF article 1 In this agreement, the term: (1) ' military staff ' shall mean : (a) military personnel seconded by the Member States to the General Secretariat of the Council in order to form the European Union Military Staff (EUMS); (b) military personnel, other than personnel from the EU institutions, who may be drawn upon by the EUMS, from the Member States in order to provide temporary augmentation if requested by the European Union Military Committee (EUMC), for activities in the context of the preparation and execution of the tasks referred to in article 17 (2) of the TEU, including exercises; (c) military personnel from the Member States who are seconded to the headquarters and forces which may be made available to the EU, or personnel thereof, in the context of the preparation and execution of the tasks referred to in article 17 (2) of the TEU, including exercises; 2. the ' civilian ' shall mean civilian staff personnel seconded by the Member States to EU institutions for activities in the context of the preparation and execution of the tasks referred to in article 17 (2) of the TEU, including exercises, or civilian personnel, with the exception of locally hired personnel, working with headquarters or forces or otherwise made available to the EU by the Member States for the same activities; 3. ' shall mean any person dependan ' defined or recognised as a member of the family or designated as a member of the household of the military or civilian staff members by the law of the sending State. Where, however, such law regards as a member of the family or a member of the household only a person living under the same roof as the military or civilian staff members, this condition shall be considered satisfied if the person in question is mainly dependent on that person; 4. ' the force ' shall mean individual belonging to it, or to entities made up of military staff and civilian staff, as defined in paragraphs 1 and 2, provided that the Member States concerned may agree that certain individual, units, formations or other entities to not to be regarded as constituting or included in a force for the purpose of this agreement; 5. the ' headquarters ' shall mean headquarters, located within the territory of the Member States, set up by one or several Member State or by an international organisation, and which may be made available to the EU in the context of the preparation and execution of the tasks referred to in article 17 (2) of the TEU, including exercises; 6. the sending State shall mean ' ' the Member State to which the military or civilian staff members or the force belong; 7. the receiving State ' shall mean ' the Member State in the territory of which the military or civilian staff members, the force or the headquarters is located, deployed or stationed, whethers, passing in transit, in connection with an individual or collective mission orders or orders of the secondmen to the EU institutions. Article 2 1. Member States shall, if not facilitat cessary, the entry, stay and departure of staff referred to in article 1 for the purpose of official business, and of their dependant. However, staff may be required of the dependant and provide evidence that they fall within the categories described in Article1. 2. For for this purpose, and without prejudice to the relevant rules applicable to the free movement of persons under Community law, an individual or collective movement order or warrant of the secondmen to the EU institutions shall suffic. Article 3 It is the duty of the military and civilian staff as well as their dependant to respect the law of the receiving State, and to abstain from any activity inconsistent with the spirit of this agreement. Article 4 For the purpose of this agreement: 1. Driving permit or license issued by the military services of the sending State shall be recognised in the territory of the receiving State for comparabl military vehicles. 2. The Authorised personnel of any Member State may provide the personnel of the forces and headquarters of any other Member State with medical and dental care. Article 5 Military staff, and any civilian staff concerned, shall wear a uniform in accordanc with the regulations in force in the sending State. Article 6 vehicles bearing a registration plate specific to the armed forces or the administration of the sending State shall display, in addition to their registration number, a distinctive nationality mark. Part II of the applicable PROVISION ONLY THEIR MILITARY OR CIVILIAN STAFF SECONDED TO the EU institutions article 7 Military or civilian staff seconded to the EU institutions may posses and carry arms in accordanc with article 13 when they are working with headquarters or forces which may be made available to the EU in the context of the preparation and execution of the tasks referred to in article 17 (2) of the TEU , including exercises, or when they participat in missions in connection with such tasks. Article 8 1. Military or civilian staff seconded to the EU institutions shall enjoy immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them in the exercise of their official functions; that immunity shall continue even after their secondmen has ceased. 2. The immunity referred to in this article shall be granted in the interests of the EU, and not for the benefit of the staff concerned. 3. Both the competent authority of the sending State and the relevant EU institutions shall waiv the immunity enjoyed by military or civilian staff seconded to the EU institutions where such immunity would imped the course of Justice and where such competent authority and the relevant EU institutions may do so without prejudice to the interests of the European Union. 4. The EU institutions shall cooperate at all times with the competent authorities of the Member States in the order to the smooth administration facilitat of Justice and shall take action it prevent any abuse of the immunit granted under this article to. 5. Should a competent authority or a judicial body in a Member State consider that an abuse of an immunity granted under this article has occurred, the competent authority of the sending State and the relevant EU institutions shall, upon request, consult the competent authority of the Member State concerned to determin the whethers such abuse has occurred. 6. If the file to achieve consultation a result satisfactory to both parties, the dispute shall be examined by the relevant EU institutions with a view to reaching a settlement. 7. If it is not possible to settle in such a dispute, the detailed arrangements for its settlement shall be adopted by the relevant EU institutions. As far as the Council is concerned, it shall be subject to such adop unanimously. For the PROVISION of applicable III ONLY the headquarters AND forces AND TO the MILITARY AND CIVILIAN STAFF WORKING WITH them article 9 In the context of the preparation and execution of the tasks referred to in article 17 (2) of the TEU, including exercises, the headquarters and forces, and personnel, referred to in the article thereof 1 and their equipment shall be authorised to transit and deploy OK within the territory of a Member State subject to the agreement of the competent to authorities of that Member State. Article 10 Military and civilian staff shall receive emergency medical and dental care, including hospitalisation, under the same conditions as a comparabl personnel of the receiving State. Article 11 subject to agreements and arrangements already in force or of which may, after the entry into force of this agreement, be entered into or made between the authorised representatives of the sending and receiving States, the authorities of the receiving State shall assume sole responsibility for making the arrangements make it suitabl available to the units, formations or other entities in the building and grounds which they require , as well as facilities and services connected therewith. These agreements and arrangements shall be, as far as possible, comply with the regulations of the accommodation and billeting each of similar units, formations or other entities to of the receiving State. In the absence of a specific through to the contrary, the law of the receiving State shall determin the rights and obligation of arising out of the occupation or use of the building, grounds, facilities or services. Article 12 1. The units, formations or to entities normally made up of military or civilian staff shall have the right to police, by agreement with the receiving State, all camps, establishment, headquarters or other premises occupied exclusively by the of the. The police of such units, formations or to entities may take all appropriate measure to ensur the maintenance of order and security on such premise. 2. Outside these premises, the police referred to in paragraph 1 shall be employed only subject to arrangements with the authorities of the receiving State and in liason with those authorities, and in so far as such employment is cessary to not maintain discipline and order among the members of the units, formations or entities. Article 13 1. Military staff may posses and carry service arms, on condition that they are authorised to do so by their orders and subject to arrangements with the authorities of the receiving State. 2. Civilian staff may posses and carry service arms, on condition that they are authorised to do so under the national regulations of the sending State and subject to the agreement of the authorities of the receiving State. Article 14 headquarters and forces shall benefit from the same post and telecommunications facilities, travelling facilities and concession fares with regards to, as the forces of the receiving State in accordanc with the rules and regulations of that State. Article 15 1. The archives and other official documents of the headquarters of the CEAS in premise used by those headquarters or in the possession of any properly authorised members of the Headquarters shall be inviolabl, unless the headquarters have waived this immunity. The Headquarters shall, at the request of the receiving State and in the presence of a representative of that State, verify the nature of any documents to confirm that entitled to immunity under ut300r2u This article. 2. Should a competent authority or a judicial body of the receiving State consider that an abuse of the inviolability conferred by this article has occurred, the Council shall, upon request, consult the competent authorities of the receiving State to determin the whethers of such an abuse has occurred. 3. If the file to achieve consultation a result satisfactory to both parties concerned, the dispute shall be examined by the Council with a view to reaching a settlement. If it is not possible to settle in such a dispute, the detailed arrangements for its settlement shall be adopted by the Council unanimously. Article 16 With a view to their «avoiding double taxation, for the application of the Convention concluded between the double taxation in the Member States and without prejudice to the right of the receiving State to tax the military and civilian staff who it national or ordinarily resident who is in the receiving State: 1. Where the legal incidence of any form of taxation in the receiving State will depend upon residence or domicile of the the period during which, in the military or civilian staff with in the territory of that State by reason solely of their being military or civilian staff shall not be considered as periods of residence therein, or as creating a change of residence or domicile, for the purpose of such taxation. 2. the Military and civilian staff shall be main from taxation in the receiving State on the salary and emolument paid to them as such staff by the sending State or on any tangibl of movable property the presence of which in the receiving State is due solely to their temporary presence there. 3. Nothing in this article shall prevent taxation of military or civilian staff with respect to any enterprise, other than profitabl their employment as such staff, in which they may engage in the receiving State, and, except as regards their salary and emolument and the tangibl of movable property referred to in paragraph 2, nothing in this article shall prevent taxation to which even if regarded as having, their residence or domicile is outside the territory of the receiving State, such staff are the liabl is under the law of that State. 4. Nothing in this article shall apply to duty. ' Duty ' shall mean customs duties and all other duties and taxes payable on importation or exportation, as the case may be, except the du and taxes which are no more than charges for services rendered. Article 17 1. The authorities of the sending State shall have the right to exercise all the jurisdiction conferred on the criminal and disciplinary them by the law of the sending State over the military as well as civilian staff over where those civilian staff are subject to the law each or any of the all armed forces of the sending State, by reason of their deployment with those forces. 2. The authorities of the receiving State shall have the right to exercise jurisdiction over military and civilian staff and their dependant, with respect of the offenc committed within the territory of the receiving State and punishabl by the law of that State. 3. The authorities of the sending State shall have the right to exercise exclusive jurisdiction over the military as well as civilian staff over where those civilian staff are subject to the law each or any of the all armed forces of the sending State, by reason of their deployment with those forces, with respect, of the offenc offenc relating to it is including the security punishabl, by the law of the sending State, but not by the law of the receiving State. 4. The authorities of the receiving State shall have the right to exercise exclusive jurisdiction over the military and civilian staff and their dependant with respect of the offenc, including relating to it security offenc, punishabl by its law but not by the law of the sending State. 5. For the purpose of paragraphs 3, 4 and 6, a security against a State offenc shall include: (a) treason against the State; (b) sabotages, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defence of that State. 6. In cases where the right to exercise concurrent jurisdiction is the following rules shall apply: (a) the competent authorities of the sending the State shall have the primary right to exercise jurisdiction over the military as well as civilian staff over where those civilian staff are subject to the law each or any of the all armed forces of the sending State , by reason of their deployment with those forces, in relations to: (i) of the offenc solely against the property or security of that State, or of the offenc solely against the person or property of military or civilian staff of that State or of a dependan; (ii) arising out of the offenc any act or omission done in the performance of official duty; (b) in the case of any other offenc, the authorities of the receiving State shall have the primary right to exercise jurisdiction; (c) if the State having the primary right of jurisdiction to decide not to exercise, it shall notify the authorities of the other State as soon as practicabl. The authorities of the State having the primary right shall give sympathetic considerations to a request from the authorities of the other State for a waiver of its right in cases where that other State will consider such waiver to be of particular importanc. 7. The provision of this article shall not imply any right for the authorities of the sending State to exercise jurisdiction over a person who by national of, or ordinarily resident in the receiving State, unless they be with the members of the force, of the sending State. Article 18 1. Each Member State shall waiv all its claims against any other Member State for damage to any property owned by it and used in connection with the preparation and execution of the tasks referred to in article 17 (2) of the TEU, including exercises, if such damage was caused by: (a) military or civilian staff from the other Member State in the execution of their duties in connection with the aforementioned tasks; or (b) from the aros use of any vehicle, vessel or aircraft owned by the other Member State and used by the it services, provided either that the vehicle, vessel or aircraft causing the damage was used in connection with the aforementioned tasks, or that the damage was caused to property being so used. Claims for maritime salvage by a Member State against any other Member State shall be waived, provided that the vessel or cargo salvaged was owned by a Member State and being used by its armed services in connection with the aforementioned tasks. 2. (a) In the case of damage caused or arising as stated in paragraph 1 with regards to other property owned by a Member State and located in its territory, the issue of the liability of any other Member State shall be determined and the amount of damage shall be assessed, unless the Member States concerned agree otherwise, by negotiation between those Member States. (b) However, each Member State shall in its claim of waiv any such case where the damage is less than an amount to be determined by a Decision of the Council acting unanimously. Any other Member State whose property has been damaged in the same incident shall also it will claim waiv up to the abovementioned amount. 3. For the purpose of paragraphs 1 and 2, the term ' owned by a Member State ' in the case of a vessel includes a vessel on bare boat charter to that Member State or requisitioned by it on bare boat terms or seized by it in the prize, except to the exten to that the risk of loss or liability is borne by some entity other than such Member State. 4. Each Member State shall waiv all its claims against any other Member State for injury or death suffered by any military or civilian staff of its services while such staff were engaged in the performance of their official duties. 5. Claims (other than contractual claims and those to which paragraph 6 and 7 apply) arising out of the acts or omission of military or civilian staff done in the performance of official duty, or out of any other Act, omission or occurrence for which a force is legally responsible, and causing damage in the territory of the receiving State to third parties , other than any of the Member States, shall be deal with by the receiving State in accordanc with the following provision: (a) the claims shall be filed, considered and settled or adjudicated in accordanc with the laws and regulations of the receiving State with respect to claims arising from the activities of its own armed forces; (b) the receiving State may settle any such claims, and payment of the amount agreed upon or determined by adjudication shall be made by the receiving State in its currency; (c) such payment, whethers made the settlement or the pursuan adjudication of the case by a competent tribunal of the receiving State, or the final adjudication by such a tribunal denying payment, shall be binding and conclusiv upon the Member States concerned; (d) every claim paid by the receiving State shall be communicated to the sending States concerned together with full particular and a proposed distribution in conformity with subparagraph (e), points (i), (ii) and (iii). In default of a reply within two months, the proposed distribution shall be regarded as accepted; (e) the cost incurred in satisfying claims pursuan to subparagraph (a), (b), (c) and (d) and paragraph 2 shall be distributed between the Member States, as follows: (i) where the one sending the State alone is responsible, the amount awarded or adjudged shall be distributed in the proportion of 25 per cent chargeabl to the receiving State and 75 per cent chargeabl to the sending State; (ii) where more than one State is responsible for the damage, the amount awarded or adjudged shall be distributed equally among them; However, if the receiving State is not one of the State's will, it shall be half that contributions of each of the sending State; (iii) where the damage was caused by the services of the Member States and it is not possible to attribute it specifically to one or more of those services, the amount awarded or adjudged shall be distributed equally among the Member States concerned: however if the receiving State is not one of the States by whose services the damage was caused it shall be half that contributions of each of the sending States concerned; (iv) every half-year, a statement of the sum paid by the receiving State in the course of the half-yearly period in respect of every case regarding which the proposed distribution on a percentage basis has been accepted, shall be sent to the sending States concerned, together with a request for reimbursemen. Reimbursemen shall be made to such within the shortes time possible, be in the currency of the receiving State; (f) should the application of subparagraph (b) and (e) a Member State cause serious hardship, it may request that the other Member States concerned settle the matter by negotiation between them on a basis of a different nature; (g) military or civilian staff shall not be subject to any proceedings for the enforcement of any judgement given against them in the receiving State in a matter arising from the performance of their official duties; (h) except in so far as subparagraph (e) applies to claims covered by paragraph 2, the provision of this paragraph shall not apply to any claim arising out of, or in connection with, the navigation or operation of a ship or the loading, carriage or discharge of a cargo, other than claims for death or personal injury to which paragraph 4 does not apply. 6. Claims against a military or civilian staff arising out of the acts or omission of tortio in the receiving State not done in the performance of official duty shall be deal with in the following manner: (a) the authorities of the receiving State shall consider the claim and assess compensation to the claiman in a fair and just manner, taking into account all the of the case of circumstanc , including the conduct of the injured person, and shall prepare a report on the matter; (b) the report shall be delivered to the authorities of the sending State, who shall then decide without delay they will offer an ex gratia whethers the payment, and if so, of what amount; (c) if an offer of ex gratia payment is made, and accepted by the full satisfaction of claiman in his claim, the authorities of the sending State shall make the payment themselves and inform the authorities of the receiving State of their decision and of the sum paid; (d) nothing in this paragraph shall be affec the jurisdiction of the courts of the receiving State it entertains an action against military or civilian staff unless and until there has been payment in full satisfaction of the claim. 7. Claims arising out of the unauthorised use of any vehicle of the services of a sending State shall be deal with in accordanc with paragraph 6, except in so far as the unit, formation or entity in question is legally responsible. 8. If a dispute the whethers a axis of tortio «arise in the Act or omission of military or civilian staff was done in the performance of official duty or as the whethers the use of any vehicle of the services of a sending State was unauthorised, the question shall be settled by negotiation between the Member States. 9. The sending State shall not claim immunity from the jurisdiction of the courts of the receiving State for military or civilian staff in respect of the jurisdiction of the civil courts of the receiving State except to the exten the provided in paragraph 5 (g). 10. The authorities of the sending State and of the receiving State shall cooperate in the procurement of evidence for a fair hearing and disposal of claims with regards to which the Member States are concerned. 11. Any dispute relating to the settlement of claims which cannot be resolved by negotiation between the Member States concerned shall be submitted to an arbitrator selected by agreement between the Member States concerned from among the nationals of the receiving State who hold, or have held, a high judicial office. If the Member States concerned are unable within two months to agree upon an arbitrator, each Member State concerned may request the President of the Court of Justice of the European communities to select a person with the aforesaid qualifications. On the FINAL PROVISION article 19 1 IV. This agreement shall be subject to approval by the Member States in accordanc with their respectiv is constitutional requirements. 2. Member States shall notify the Secretary-General of the Council of the European Union of the completion of the constitutional procedures for the approval of this agreement. 3. This agreement shall enter into force on the first day of the second month following the notification by the last Member State of the completion of its constitutional procedures referred to in paragraph 2. The Secretary-General of the Council of the European Union shall act as depository of this agreement. The depository shall publish this agreement in the Official Journal of the European Union, as well as information about its entry into force, following the completion of the constitutional procedures referred to in paragraph 2 (a). This agreement shall be applicable only to the metropolitan territory of the Member States. (b) Any Member State may notify the Secretary-General of the Council of the European Union that this Agreement shall also apply to other territories for whose international relations it is responsible. 6. (a) the Provision of parts I and III of this Agreement shall be applicable only to Headquarters and forces, and personnel thereof, which may be made available to the EU in the context of the preparation and execution of the tasks referred to in article 17 (2) of the TEU, including exercises, in so far as the status of such headquarters or forces , and personnel thereof, is not regulated by another agreement. (b) where the status of such headquarters and forces, and personnel thereof, is regulated by another agreement and these headquarters and forces, and personnel of acting with thereof in the context of the abovementioned specific arrangements may be concluded between the EU and the States or organisations concerned, in order to agree which agreement shall be applicable to the operations or exercise concerned. (c) where it has not been possible to conclud a specific subject, such the other agreement shall remain applicable to the operations or exercise cconcerned. 7. Where third countries participat in activities to which this agreement is applicable, arrangements for regulating such agreements or participation may include a provision stating that this agreement is also applicable to those third countries in the context of those activities. 8. The provision of this agreement may be amended by the unanimous written agreement between the representatives of the Governments of the Member States of the European Union, meeting within the Council.
Hecho en bruselas, el diecisiet de noviembr de DOS mil Tres.
Udfęrdige i Bruxelles den syttend in november to tusind og Tre.
Geschehen zu Brüssel am siebzehnten November zweitausendunddr.
Έγινε στις Βρυξέλλες, στις δέκα εφτά Νοεµβρίου δύο χιλιάδες τρία.
Done at Brussels on the seventeenth day of November in the year two thousand and three.
Fait à Bruxelles, le dix-Sept Novembre deux Mille Trois.
Fatt (a) add to ' Bruxelles, diciassett of Novembre duemilatr.
Gedaan te Brussel, de zeventiend in november tweeduizenddr.
Appoints Pieter Feith Bruxel em, em dezasset de November de DOIs mil e trź.
Tehty Brysselissä seitsemäntenätoist päivänä marraskuut of vuonn of kaksituhattakolm of.
I Bryssel den sjuttond som skedd is november tjugohundratr.
EN Official Journal C 321/12 of the European Union Annex 31.12.2003 statements statement BY the EU MEMBER States After signature of this agreement, the Member States will make their best efforts to fulfil as soon as possible the requirements of their own constitutional procedures, in order to allow a prompt entry into force of the agreement. Statement BY DENMARK When signing this agreement, Denmark recalled the Protocol on the position of Denmark annexed to the Treaty on the European Union and the Treaty establishing the European Community. Danish approval of the agreement will take place in the observanc of that Protocol, and any reservation or declaration which Denmark may have to make in this connection shall be limited to the scope of part II of the said Protocol and shall in no way prevent the entry into force of the agreement and the full implementation of it by the other Member States. Statement BY IRELAND Nothing in this agreement, in particular articles 2, 9, 11, 12, 13 and 17, shall require authoris or legislation or any other action by Ireland which is prohibited by the Constitution of Ireland and, in particular, article 15.6.2 thereof. Statement BY the REPUBLIC OF Austria REGARDING article 17 OF the agreement for the acceptance of the jurisdiction by the military authorities of the sending State in accordanc with article 17 of the ' agreement between the Member States of the European Union concerning the status of military and civilian staff on the secondmen to the Military Staff of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in article 17 (2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA) ' by Austria does not apply to the exercise, on the territory of Austria, of jurisdiction by the courts of a sending State. Statement BY SWEDEN, the Government of Sweden hereby declare that of article 17 of the present agreement does not encompass a right for the sending State to exercise jurisdiction within the territory of Sweden. In particular, the said provision does not confer on the sending State the right to establish courts or the execute line within the territory of Sweden. This does in no way affec the allocation of jurisdiction as between the sending and receiving State under article 17 Nor does it affec the right of a sending State to exercise such jurisdiction within its own territory after the return to the sending State of the persons covered by article 17. Furthermore, this does not preclud that appropriate measure, which are not immediately cessary to ensur the maintenance of order and security within the force , be taken by the military authorities of a sending State within the territory of Sweden.

The agreement between the Council, the Member States of the European Union on the military and civilian personnel, assigned to the institutions of the European Union, the status of the headquarters and forces that are available to the European Union in connection with the preparation and execution of the tasks referred to in the Treaty on European Union, article 17, the second part, including training, and on the military and civilian personnel to the status of the work in this regard has been given to the European Union (EU SOFA) (2003/C 321/02) the Council met the representatives of the Governments of the Member States of the European Union, having regard to the Treaty on European Union (TEU), and in particular title V, whereas the 1) the European Council, under the common foreign and security policy (CFSP), the EU has decided to provide opportunities needed to make and implement decisions on a wide range of conflict prevention and crisis management tasks, as defined in the LES; 2) decisions to send forces from the Member States of the European Union (hereinafter referred to as "Member States") to the other Member States and to pick up such forces from the Member States in connection with LES 17. referred to in the second subparagraph of article preparation and execution of the tasks, including training, countries adopted in accordance with the provisions of title V of the TEU and in particular by its article 23, first subparagraph, and the Member States concerned so agree; 3) if training or operations takes place outside the territories of the Member States with the relevant third countries conclude specific agreements; 4) in accordance with the terms of this agreement, the rights and obligations of the parties under international agreements and other international instruments for the creation of international tribunals, including the Rome Statute of the International Criminal Court, shall not be affected; Have agreed as follows: part I ALL military and CIVILIAN personnel common provisions article 1 the term of this agreement: 1. "military personnel" means: (a) military personnel by Member States) are posted in the General Secretariat of the Council in order to form the European Union military staff (EUMS); (b)), with the exception of military personnel the personnel of EU institutions which it can be called up from Member States to ensure the temporary (force), where LES 17. referred to in the second subparagraph of article preparation and execution of the tasks, including training, required by the European Union military Committee (EUMC); (c)) has appointed soldiers to work in the headquarters and forces which are or which personnel can be made available to the EU in connection with LES 17. referred to in the second subparagraph of article preparation and execution of the tasks, including training; 2. "civil personnel" means the civilian seconded by Member States in the work of the EU institutions in relation to the activities to be undertaken in the context of the TEU article 17 referred to in the second paragraph of the preparation and implementation of tasks, including training, or civilians, except on the site make staff employed in the headquarters or forces or otherwise, Member States made available to the EU; 3. "dependant" means any person who, in accordance with the contributing Member State legislation defines or recognised as military or civilian staff members of your family or considered his household. However, if under that legislation for a family member or a member of the household only a person living in the same House with military or civilian staff member, this condition shall be considered satisfied if such person is found mainly in the military or civilian staff members ' dependants; 4. the "force" means the persons who belong to the military personnel and civilian staff, as defined in the first and second part or structure, consisting of the following personnel, if the Member States agree that this agreement, individuals, units, formations and other structures may not be considered as forming or included under power; 5. "headquarters" means the headquarters located on the territory of the Member States, and which was created by one or more Member States, or the international organisation, and which can be made available to the EU in connection with LES 17. referred to in the second subparagraph of article preparation and execution of the tasks, including training; 6. "sending State" means the Member State which belongs to the military or civilian staff member or forces; 7. "the host State" means the Member State in whose territory in connection with individuals or a group of people give the mission the order or assignment to work in the EU institutions is in the military or civilian staff members, or headquarters, regardless of whether they are deployed or based, cross the territory of that Member State. 1. Article 2 Member States shall, where appropriate, encourage the personnel referred to in article 1 and to their dependants entry, stay and departure of the Mission in connection with the service. However, staff and dependents can claim to provide proof that they own the article described in 1 categories. 2. to this end, and without prejudice to the relevant rules applicable to the free movement of persons under Community law, a person or collective movement order or order for posting in the EU institutions. Article 3 of the military and civilian personnel, as well as their dependants are obliged to respect the host country's laws and refrain from any action which is contrary to the spirit of this agreement. Article 4 of this agreement: 1. the comparable military transport Lee for the conduct of the host State dzekļ recognizes the car driving licence or driving licence, issued by the military authorities of the sending State. 2. any member of staff may be authorized to provide a force of any other Member State and to the staff of the headquarters medical and dental care. Article 5 military personnel and appropriate civilian personnel wearing uniforms in accordance with the rules in force in the country of dispatch. Article 6 on the vehicle to which the special armed forces of the sending State or the authority of the registration plate in addition to the registration number of the mark must be deployed to a nationality identification mark. Part II provisions applicable only to military and CIVIL personnel seconded to the EU article 7 military or civil personnel seconded to the EU institutions, must keep and carry arms under article 13, when they are employed in the headquarters or forces which may be made available to the EU in connection with LES 17. referred to in the second subparagraph of article preparation and execution of the tasks, including training or, if they are participating in pamatuzdevumo in connection with the following objectives. 8. Article 1. Military or civil personnel seconded to the EU institutions is in relation to procedural integrity activities with regard to everything they said or written, or done in the performance of their service; This immunity would continue even after the end of their assignment. 2. the immunities referred to in this article shall be granted in the interest of the EU, rather than the needs of the staff concerned. 3. the competent authority of the dispatching country and the relevant EU authorities robbed, what is the work of the EU institutions or seconded for military personnel, the civilian if such immunity impedes the progress of the proceedings and if the competent authority and the relevant EU authority could do it, without prejudice to the interests of the European Union. 4. the EU institutions will always cooperate with the competent authorities of the Member States to facilitate the proper administration of Justice, and to prevent any abuse of the immunities granted under this article. 5. If a competent authority of a Member State or the judicial authority considers that has taken place in accordance with this article shall be granted immunity in abuse of power, the country of dispatch and relevant competent authority of an EU institution at the request of the Member State concerned shall communicate with its competent authority to determine whether such an abuse has taken place. 6. If the consultations fail to achieve a result satisfactory to both parties, the dispute concerned the appearance of an EU institution, with a view to reaching a settlement. 7. when such disputes are not distinguishable, the institution shall determine the detailed arrangements for their settlement. As far as the Council, the following measures shall be adopted by consensus. Part III provisions applicable only to the HEADQUARTERS and forces, and military and CIVILIAN personnel, which THEY employed in connection with article 9 TEU article 17 referred to in the second paragraph of the preparation and implementation of tasks, including training, headquarters and forces and their personnel, referred to in article 1, and their equipment are permitted to cross the territory of a Member State and at the occasional, if it is accepted, the competent authorities of the Member State. Article 10 military and civilian staff receive emergency medical and dental assistance, including hospitalization, under the same conditions as the equivalent host country staff. Article 11 in accordance with the existing agreements and arrangements or agreements and measures after the entry into force of this agreement may be concluded or which may agree to host the sending country and the authorized representative of the country, the authorities of the host country bears all the responsibility for the implementation of measures eligible for units, formations and other structures they need available buildings and sites, as well as related equipment and services. These agreements and arrangements, to the extent possible, correspond to the host country's rules governing the establishment of similar units, or other structure of housing and accommodation. If there is no agreement to the contrary, the rights and obligations arising out of the building, location, facilities and service use, determined by the legislation of the host country. Article 12 1. Units, formations or bodies usually consists of military or civilian personnel, in agreement with the host country, are entitled to provide the procedure in all the camps, offices, headquarters or other premises, which only takes these units, formations or bodies. Such units, formations or the structure of the police may implement all necessary measures to ensure compliance with the order and security in these premises. 2. Outside these premises the police referred to in paragraph 1 shall be used only in accordance with the agreements with the host country authorities and in cooperation with those authorities, and to the extent that such use is required to maintain discipline and order among the units, formations or the structure of the members. 1. Article 13 military personnel may keep and carry service weapons, provided that they are allowed under those orders, and in accordance with the agreements with the host country authorities. 2. Civilian personnel may keep and carry arms of service, provided that it is allowed under the legislation of the sending State, and in accordance with the agreements with the host country authorities. Article 14 staff and forces in accordance with the rules of the host country used the same postal and telecommunications equipment, travel opportunities and the benefits of the ticket price as a force in the host country. Article 15 1. Archives and other official documents of the headquarters, located in the premises of the headquarters, or used in any duly authorised staff member's property, is inviolable, unless the staff is not cancelled the immunity. At the request of the host country and the presence of a representative of the national headquarters of the examination any documents to confirm that the subject of immunities referred to in this article. 2. If the host State's competent authority, or the authority of the Court considers that there has been abuse of the immunities referred to in this article, the Council shall request referral to the competent authorities in the host country, to determine whether such an abuse has taken place. 3. If the consultations fail to achieve a result satisfactory to both parties, the dispute concerned the appearance of a Council, with a view to reaching a settlement. If such disputes cannot be settled, the Council shall unanimously determine the detailed arrangements for their settlement. Article 16 with a view to avoiding double taxation, for the application of the conventions against double taxation concluded between Member States, and without prejudice to the right of the host country taxation of military and civilian personnel who are nationals of the host country or living in the host country: 1. If legitimate any kind of taxation in the host country depends on the place of residence or domicile, periods in which military or civilian personnel in that country solely because that it is military or civilian personnel, such taxation needs not be considered periods of residence or for any periods that entail a change in the place of residence or place of stay. 2. Military and civilian personnel are exempt from those wages and income that the sending State for those paid as such personnel, or any other real estate, which is located in the host country is associated only with the temporary stay here, taxation in the host country. 3. This article is without prejudice to the military or civilian staff of taxation in relation to any profitable activities, which it can engage the host country, if not the following employment status of staff, and with the exception of the following staff salary and income and material property, referred to in the second subparagraph. This article does not limit the taxation to which such personnel are subject, in accordance with the legislation of that State, even if it is considered that such a staff residence or habitual residence outside the territory of the host country. 4. This article shall not apply. "Duties" means customs duties and all other duties and taxes to be paid, importing or exporting, respectively, excluding duties and taxes, which is nothing other than fee for service. 1. Article 17 of the sending State authorities have the right to apply all the laws of the State of dispatch them the criminal and disciplinary jurisdiction over the military as well as civilian personnel, if such civilian personnel because it is hosted by the Office of departure, the armed forces are subject to the law applicable to all or any of the sending State armed forces. 2. the authorities of the host country has the right to apply their jurisdiction to military and civilian personnel and dependents in connection with the violations committed in the territory of the host country and is punishable under the legislation of that State. 3. the authorities of the sending State shall have the right to apply its exclusive jurisdiction in relation to the military as well as civilian personnel, if such civilian personnel because it is hosted by the Office of departure, the armed forces are subject to the law applicable to all or any of the sending State of the armed forces in connection with the offences, including crimes against national security, the Office of departure which is punishable under the laws of the State of dispatch but not in accordance with the legislation of the host country. 4. the authorities of the host country has the right to apply its exclusive jurisdiction in respect of military and civilian personnel and their dependents in connection with the offences, including crimes against the security of the host country, which is punishable under the law, but not under the laws of the State of dispatch. 5. the third, fourth and sixth part referred to crimes against State security include: a) treason; b) sabotage, espionage or violation of any laws related to these State secrets or secrets relating to the national defense. 6. in cases where the right to jurisdiction is concurrent, the following applies: (a)) of the sending State to the competent authorities is to apply the right jurisdiction for military as well as civilian personnel, if such civilian personnel because it is hosted by the Office of departure, the armed forces are subject to the law applicable to all or any of the sending State for the armed forces: i) offences solely against the property or security of the State or offenses solely against that country's military or civilian staff members, their dependents or their property; II) offenses arising out of any action or inaction by performing their duties; (b) any other offence) in the case of a prior right to apply the jurisdiction is the host country; (c) if the State) have prior rights, decide to apply its jurisdiction as soon as possible, notify the other country. The national authority, which has a prior right, sympathetic consideration to the request of the other State authorities to give up their rights, if the other State considers such a waiver to be particularly significant. 7. This article does not imply that the authorities of the sending State shall have the right to impose jurisdiction over persons who are nationals of the host country or living in it, unless they are not force members of the sending State. Article 18 1. every Member State shall waive all its claims against any other Member State of any property belonging to it, which is used to damage a LES 17. referred to in the second subparagraph of article for the preparation and execution of the tasks, including training, if: (a) such damage was caused by the other Member State) military or civilian personnel in the execution of their duties in relation to the above tasks; or (b)) is the creator of any other Member State-owned vehicle, ship or aircraft, which use its services if such vehicle, vessel or aircraft, which caused the damage, was used in connection with the above tasks, or if the damage was caused to such property. The Member State shall abolish the claims against any other Member State of the rescue at sea, where the ship or the cargo did not belong to a Member State and used it in its armed services in connection with the above tasks. 2. (a)) in case the other Member State-owned property, which is located in its territory, have suffered or incurred as specified in paragraph 1, the question of the liability of any other Member State shall be determined and the extent of damage shall be assessed, negotiated between the concerned Member States, unless those Member States agree otherwise. (b)), however, each Member State shall withdraw their claims, if the damage is less than the amount determined by unanimous decision of the Council. Any other Member State in which the property is damaged in the same incident, also withdraw their claim, which is less than the amount referred to above. 3. The first and second paragraphs, the term "belongs to a Member State" when it is used with respect to a ship, includes the vessel, chartered by a Member State without a crew or rekvizējus for bareboat or received as a prize, except for the risk of loss or liability assumed by an entity other than such a member. 4. each Member State shall withdraw all its claims against any other Member State of its military or civilian service, personal injuries or death, as such staff shall carry out their duties. 5. the requirements (other than the contractual requirements and requirements covered by the sixth and seventh part) caused by military or civilian personnel in acts or omissions when performing their duties, or any other actions, omissions or events for which the force is legally liable, and that the host country can cause damage to third parties, except in any of the Member States, the host country, in accordance with the following provisions: (a)) shall be recorded in a , consider and settle or be dealt with in accordance with the host country's laws and regulations on the requirements that the reason is that the national armed forces; (b) the host State) a distinction can be made between such requirements, and the amount agreed or determined by the ruling, pay host State in your own currency; c) such payment in accordance with the settlement or award, which in the case accepted a competent tribunal in the host country, or final judgment of this Tribunal, which prevents the payment, shall be binding and conclusive to the Member States concerned; (d)) all host country requirements to notify paid the relevant sender countries with complete messages and proposed distribution under e) bottom point i), (ii) and (iii))) point. If, within two months, no reply is received, the proposed distribution shall be considered adopted; e) with claims costs under (a)), (b), (c) and (d)))) the bottom points and in the second subparagraph, the Member States: (i)) if there is only one consignor responsible countries, assigned or allocated amount by the ruling so that the allocation of 25 percent must be paid in the host country and 75 percent — the sending State; (ii) if the damage is liable) for more than one country, or assigned with the ruling of the sum granted shared equally between them; However, if the host country is not one of the responsible countries, its contribution is half of the amount of each of the sending State; (iii)) if damage is caused by Member States ' authorities, and cannot be attributed specifically to one or more of the following services, assigned or allocated by the agreement the amount shared equally between the Member States concerned; However, if the host country is not one of the countries where the service damage caused, its contributions to the party from each of the respective amounts of departure; IV) semi-annually until the sending countries concerned with a claim shall send a notice of the host country balances six months for all cases, which have adopted the proposed percentage allocation. Payment of such damages as soon as possible host country currency; (f)) if (b)) and e) the application of a Member State in serious difficulties, it may ask other Member States concerned shall be settled by negotiation between the question; g) on military or civilian personnel not subject to any enforcement proceedings that are directed against them in the host country on issues arising from their official duties; h) except in so far as the requirements contained in part two, e) applies, the provisions of this paragraph do not apply to any claims arising under or in connection with the navigation of the ship or the cargo, or the loading, transport or unloading, except claims for death or injury are not covered by the fourth. 6. Claims against a military or civilian personnel resulting from the harmful actions or inaction in the host country, which is not related to official duties, the implementation of the following: (a) the authorities of the host country) to examine the claim and assess applicant fair compensation and fair manner, taking into account all the circumstances of the case, including the victim's behavior, and prepare a report on this issue; (b) report of the Office of departure) to the national authorities, which shall then decide without delay whether to offer bonus payments, as well as decide what will be the amount of the payment in the case of the offering; c) If is bonuses payment proposal, and if the applicant accepts it as such, which completely meet their requirements, the authorities of the sending State shall make the payment themselves and inform the authorities of the host country of its decision and the amount paid; d) this paragraph does not in any way affect the jurisdiction of the courts of the host country to consider claims against the military and civilian personnel unless and until payment is made, which completely satisfy the requirement. 7. the requirements arising from the unauthorized sending of any public service vehicle use are dealt with in accordance with the sixth part, except where the unit formations or the structure is legally responsible. 8. In the event of a dispute as to whether military or civilian staff of the injurious act or omission has occurred, the carrying out of their duties, or whether the sender of any public service vehicle use has not been authorized to issue resolved by negotiation between the Member States concerned. 9. the sending State shall not require the integrity of military or civilian personnel in relation to the host State the civil jurisdiction of the Court, except as stated in the fifth paragraph of part g). 10. the sending State and the host State authorities shall cooperate to obtain evidence for fair use and for the settlement of claims relating to the Member States. 11. any dispute relating to the settlement of the claim, which cannot be settled by negotiation between the Member States concerned shall be submitted to an arbitrator, that of host country nationals who occupy or have occupied high posts of judges, chosen by the Member States concerned, by common accord. If the Member States concerned shall, within two months, could not agree on an arbitrator, each of the Member States may request the President of the Court of Justice of the European communities to choose the person with these qualifications. Part IV final provisions article 19 1. Member States shall approve this agreement in accordance with their respective constitutional requirements. 2. Member States shall report to the Secretary General of the Council of the European Union for his completion of the constitutional procedures necessary for the approval of this agreement. 3. This agreement shall enter into force on the first day of the second month after the last has been notified by the Member State referred to in the second subparagraph the constitutional procedures have been completed. 4. the Secretary-General of the Council of the European Union shall act as depositary of this agreement. The depositary of this agreement, as well as information about its entry into force after completion of the second part of that constitutional procedures published in the official journal of the European Union. 5. a) this Agreement shall apply only to the territory of the member base. (b)), any Member State may notify the Secretary General of the Council of the European Union that this agreement is applied also to other territories for whose international relations it is responsible. 6. (a) This agreement, (I) and (II)) are applicable only to part of the headquarters and forces and their personnel, which can be made available to the EU due to the LES 17. referred to in the second subparagraph of article preparation and execution of the tasks, including training, unless such staff or their staff strength and status is not determined by another agreement. (b) headquarters and) if such forces, and the status of staff governed by the agreement and if this other headquarters and forces, and their staff operate the above context, between the EU and the countries or organizations may conclude a special agreement to agree on which agreement is applicable to the relevant operation or training. (c)) where it has not been possible to conclude such agreements, in particular the second agreement should remain applicable for the relevant operation or training. 7. If that is applicable to this agreement, participate in the third countries, agreements or arrangements governing such participation may include a provision that this agreement applies to those third countries in connection with these activities. 8. the provisions of this agreement may be amended by unanimous written agreement between the representatives of the Governments of the Member States of the European Union, meeting within the Council. Signed in Brussels, the twenty-third year of the seventeenth day of November. Annex to the COMMUNICATION the communication of EU Member States After the signing of this agreement, the Member States shall make every effort to fulfil as soon as possible its constitutional requirements and procedures allow rapid entry into force of this agreement. The Danish statement in signing the agreement, Denmark withdrew the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community. Denmark confirmed this agreement pursuant to that Protocol, and any reservations or declarations, which process may take Denmark to make in this regard, limited to part II of this Protocol, and shall in no way affect the entry into force of the agreement and its full implementation in other Member States. Ireland's STATEMENT in this agreement, in particular articles 2, 9, 11, 12, 13 and article 17, no sanctioned and does not require legislation or any other action that prohibits the Irish Constitution of Ireland and in particular its article 15.6.2. Notification by the Republic of Austria on article 17 of the agreement of Austria of the sending State to the jurisdiction of the military authorities in accordance with the "agreement between the Member States of the European Union on the military and civilian personnel, assigned to the institutions of the European Union, the status of the headquarters and forces which may be made available to the European Union in connection with the preparation and execution of the tasks referred to in the Treaty on European Union, article 17, second paragraph, including training and on the military and civilian personnel status that has been given to the European Union to act in this context (EU SOFA) "article 17 shall not apply to the jurisdiction of the courts of the sending State, if the Austrian territory. Sweden Swedish Government statement it is hereby declared that article 17 of this agreement does not include the right of the sending State to exercise its jurisdiction in the territory of Sweden. In particular, the provisions that the sending State does not grant the right to create or execute the judgments of the Court in the territory of Sweden. It has no effect on the allocation of jurisdiction between the sending State and the host State in accordance with article 17. This does not affect the right of the sending State shall also exercise such jurisdiction in their own territory when it returns to the persons covered by article 17. In addition, this does not exclude the possibility that the military authorities of the sending Member State authorities in Sweden may take the appropriate measures to be taken immediately to ensure the maintenance of order and security forces.