2024/227

19.1.2024

TRANSLATION

Agreement between the European Union and the Government of the Islamic Republic of Mauritania on the establishment and functioning of the European Union Regional Advisory and Coordination Cell deployed in Nouakchott to support the G5 Sahel structures

THE EUROPEAN UNION,

of the one part,

and

THE ISLAMIC REPUBLIC OF MAURITANIA,

hereinafter referred to as the "host state",

of the other part,

hereinafter referred to as "the parties"

CONSIDERING:

the Headquarters Agreement between the Government of the Islamic Republic of Mauritania and the Permanent Secretariat of the G5 Sahel, signed in Nouakchott on 26 June 2015,

Letter A(2018)- 64 094 36, dated 13 December 2018, from the High Representative, Vice-President of the Commission of the European Union, to His Excellency the Mauritanian Minister for Foreign Affairs, Cooperation and Mauritanians Abroad,

the letter from the Minister for Foreign Affairs and Cooperation of the Islamic Republic of Mauritania, dated 19 February 2019, expressing the agreement of the Islamic Republic of Mauritania to the permanent deployment of a team of experts in the EU delegation in Nouakchott to support the G5 Sahel institutions and to organise ad hoc training and advisory missions for the Mauritanian services by EUCAP Sahel Mali, the EU Mission in Mali established by Council Decision 2014/219/CFSP ( 1 ) of 15 April 2014 and by EUCAP Sahel Niger, the EU Mission in Niger established by Council Decision 2012/392/CFSP ( 2 ) of 16 July 2012, granting the members of the two EU missions privileges and immunities,

Council Decision (CFSP) 2019/762 ( 3 ) of 13 May 2019, which established a Regional Advisory and Coordination Cell,

the note verbale from the Ministry of Foreign Affairs and Cooperation of the Islamic Republic of Mauritania, dated 11 May 2021, and the letter from the Minister for Foreign Affairs, Cooperation and Mauritanians Abroad of the Islamic Republic of Mauritania, dated 12 May 2021, granting privileges and immunities to the Regional Advisory and Coordination Cell,

the need for the Regional Advisory and Coordination Cell to have, on the territory of the Islamic Republic of Mauritania, a legal framework governing its establishment and operation,

the need for ad hoc contributors from EUCAP Sahel Mali and EUCAP Sahel Niger coming to the territory of the host state for the purpose of ad hoc training and advisory actions to benefit from the same legal framework,

HAVE AGREED AS FOLLOWS:

Article 1

Scope and definitions

1. This Agreement shall apply to the Regional Advisory and Coordination Cell and its staff.

2. The provisions applicable to the Regional Advisory and Coordination Cell or its staff shall apply in the same manner to ad hoc contributors from EUCAP Sahel Mali and EUCAP Sahel Niger who visit the territory of the host state for ad hoc training and advisory activities.

3. This Agreement shall apply only within the territory of the host state.

4. For the purposes of this Agreement:

"Cell" means the Regional Advisory and Coordination Cell established to support the structures and states of the G5 Sahel in the field of defence and security, particularly in the fight against terrorism and organised crime, and to implement the European Union's regional approach in the Sahel for actions under the common security and defence policy, as well as its premises in Mauritania, its staff, their assets and the means of transport which contribute to its mission;

"ad hoc contributors" means members of staff of EUCAP Sahel Mali and EUCAP Sahel Niger who come to the host state to carry out ad hoc training and advisory activities in support of the Cell's activities;

"Head of Cell" means the first line manager of the Cell in Mauritania;

"European Union" (EU) means the institutions and bodies of the EU;

"sending state" means a state making staff available to the Cell or from which ad hoc contributors come;

"EU personnel" means civilian and military personnel assigned to the Cell and ad hoc contributors, who are nationals of an EU Member State, as well as personnel coming on mission to support the Cell for a sending state or an EU institution or body. Staff employed locally under national legislation, as well as staff employed by commercial enterprises, are excluded from this category;

"locally employed staff" means staff of the Cell or staff employed by ad hoc contributors who are nationals or permanent residents of the host state;

"official facilities" means all premises, accommodation and land required by the Cell and its staff, or by ad hoc contributors;

"official correspondence" means all correspondence related to the Cell or to one of the ad hoc contributors;

"official assets" means the equipment and consumer goods required by the Cell or by ad hoc contributors;

"official means of transport" means all vehicles and other means of transport owned, hired or chartered by the Cell or by an ad hoc contributor that are necessary for their activities;

"official documents" means all documents and archives held by the Cell, one of the ad hoc contributors or another EU staff member.

Article 2

Headquarters of the Cell

The Cell shall be based in Nouakchott as agreed between the European Union and the Government of the Islamic Republic of Mauritania.

Article 3

Legal status of the Cell

1. The Cell shall have the necessary legal capacity under the laws and regulations of the host state to fulfil its mission.

2. In particular, it shall have the capacity to contract, lease, acquire and dispose of the movable and immovable property necessary for its activities.

3. The law applicable to contracts concluded by the Cell in the host state shall be determined in those contracts.

4. The contracts may stipulate that the claims settlement procedure referred to in Article 25 shall be applicable to disputes arising from the application of those contracts.

Article 4

Official facilities

1. The Cell's official facilities shall be inviolable. Staff or officials of the host state may only enter the Cell's official facilities with the consent of the Head of Cell.

2. Exceptionally, however, in the event of fire or other accidents requiring immediate protective measures, and where the prior consent of the Head of Cell cannot be obtained in time, staff or officials of the host state shall be allowed to enter the official facilities for the time necessary to implement such protective measures, under the supervision of a member of the Cell.

3. The Cell shall be authorised to construct or modify facilities as necessary for its operational requirements. No compensation shall be requested from the Cell by the host state for such constructions or modifications.

4. The Cell's official facilities are not intended to be used for consular activities.

5. The Cell shall not permit its headquarters to serve as a safe haven for a person who has been prosecuted for a crime or for an offence classified as in flagrante delicto, or who is the subject of a court warrant or criminal conviction.

Article 5

Identification

The EU flag and markings, titles, symbols and official insignia, including national ones, may be displayed on official facilities and official means of transport. EU staff members may wear the uniform and carry a distinctive emblem.

Article 6

Communications

1. The Cell may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the host state's competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The host state shall grant access, free of charge, to the frequency spectrum in accordance with its legislation in force.

2. The Cell shall enjoy the right to unrestricted communication by radio (including satellite, mobile or hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between official facilities, including the laying of cables and land lines for its official purposes.

Article 7

Immunity of the Cell from legal process

The Cell, wherever it may be located, and its official assets, means of transport and facilities, by whomsoever they may be held or occupied, shall enjoy immunity from every form of legal process.

Article 8

Insurance obligation

The Cell is required to take out insurance to cover any obligations arising from its activities or those of its staff for whom it is legally responsible.

Article 9

Medical evacuation and deceased EU staff

1. The host state shall permit and support, free of charge, activities relating to the medical evacuation of members of staff of the Cell.

2. The Head of Cell shall take charge of and make all suitable arrangements for the repatriation of any deceased member of staff of the Cell, as well as of their personal property.

3. No autopsy shall be performed on any deceased member of staff of the Cell without the agreement of the state of which the deceased was a national or of their beneficiaries. Whatever the circumstances, no autopsy may be performed without the presence of a representative of the Cell or of the state of which the deceased was a national.

4. The host state and the Cell shall cooperate to the fullest extent possible to ensure the prompt repatriation of any deceased member of staff of the Cell.

Article 10

Exemption from measures of constraint

EU staff and the Cell shall be immune from search, seizure, confiscation, requisition and expropriation, and from any other form of administrative or judicial constraint.

Article 11

Official documents

The Cell's archives and, in general, all official documents in whatever form shall be inviolable at any time and wherever they are.

Article 12

Official correspondence

Official correspondence shall be inviolable.

Article 13

Funds and currencies

The Cell may:

receive and hold funds and currencies of any kind and have accounts in Mauritania in any currency;

transfer its funds freely within Mauritanian territory, from Mauritania to another country and vice versa.

Article 14

Tax exemptions for the cell

The Cell shall be exempt from all national, regional and municipal taxes and other dues of a similar nature levied on official resources, in particular official means of transport, that are purchased or imported, official facilities and services rendered for the official purposes of the Cell or ad hoc contributors.

Article 15

Imports by the cell

The host state shall permit the entry into its territory of official resources, including official means of transport, and shall exempt them from all custom duties, fees, tolls, taxes and similar charges other than charges for storage, transport and other services rendered.

Article 16

Compliance with the legislation of the host state and official objectives

1. The Cell and EU staff shall respect the laws and regulations of the host state and shall refrain from any action or activity incompatible with the objectives of the EU.

2. The Cell and EU staff shall refrain from any commercial or profit-making activities.

Article 17

Movements of EU personnel

1. The Government of the Islamic Republic of Mauritania shall authorise EU personnel to enter and stay in Mauritania, without any visa fee or time limit.

2. EU staff shall be exempt from the host state's regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile in the territory of the host state.

3. EU staff may drive motor vehicles, including armoured cars, in the territory of the host state provided that they hold a valid national, international or military driving licence in one of the sending states.

4. The host state shall grant the Cell and EU staff freedom of movement and freedom to travel within its territory, including its air space, for their official purposes in the areas concerned by their activities, to be determined by mutual agreement with the competent authorities of the host state.

5. For their official purposes, the Cell and EU staff members may use roads, bridges, ferries and airports without the payment of fees, tolls, taxes or similar charges. The Cell and EU staff members shall not be exempt from charges for services requested and received, under the same conditions as those laid down for the host state's armed forces.

Article 18

Privileges and immunities granted to EU staff

1. EU staff shall enjoy the following privileges and immunities:

EU staff shall not be liable to any form of arrest or detention. If a competent criminal police authority of the host state discovers an EU staff member in the act of committing an offence, that authority is authorised to detain the individual until the arrival of the competent Cell authorities.

EU staff shall enjoy immunity from the criminal jurisdiction of the host state. In the event of infringement of the criminal law of the host state, the competent Mauritanian authorities shall compile the necessary evidence which they shall make available to the Head of Cell. The latter shall immediately take the necessary steps to return the staff member concerned to his or her country of origin to face legal proceedings, provided that the decision to prosecute is a sovereign matter for the jurisdiction of the country of origin. In such cases, the government of the host state shall be regularly informed of the progress of the legal proceedings instituted. The immunity from criminal jurisdiction of EU staff may be waived by the sending state or the EU body concerned, depending on the circumstances. Such a waiver shall always be made in writing.

All papers and documents, correspondence and property belonging to EU staff shall be inviolable.

EU staff shall receive a special residence permit issued by the Ministry of Foreign Affairs for themselves, their spouses, and their dependent children under 21 years of age.

They shall also enjoy the right, if they were previously resident abroad, to import their personal property in use free of duty when they move to Mauritania.

EU staff shall enjoy immunity from the civil and administrative jurisdiction of the host state in respect of words spoken or written and all acts performed by them in the exercise of their official functions.

If any civil proceedings are instituted against an EU staff member before any host state court, the Head of Cell and the competent authority of the sending state or the EU institution or body concerned shall be notified immediately. Prior to initiation of proceedings before the competent court, the Head of Cell or the competent authority of the sending state or the EU institution or body concerned shall certify to the court whether the act in question was committed by EU staff in the exercise of their official functions.

If the act was committed in the exercise of official functions, the proceedings shall not be initiated and the provisions of Article 16 shall apply. If the act was not committed in the exercise of official functions, the proceedings may continue. The certification issued by the Head of Cell and the competent authority of the sending state or the EU institution or body concerned shall be binding upon the court of the host state, which may not contest it.

However, the competent authorities of the host state may challenge the merits of that certification within a period of two months from its date of issue. In such a case, each of the parties shall commit to resolving the dispute exclusively by diplomatic means.

The initiation of civil proceedings by an EU staff member shall preclude them from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.

EU staff shall not be obliged to give evidence as witnesses.

No measures of execution may be taken in respect of an EU personnel member, except in the case where a civil proceeding not related to their official functions is instituted against them. The property of EU staff certified by the Head of Cell to be necessary for the fulfilment of their official functions shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, EU staff shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.

The immunity of EU staff from the jurisdiction of the host state does not exempt them from the jurisdiction of the respective sending state.

EU staff shall be exempt from the social security provisions in force in the host state.

EU staff shall be exempt from any form of taxation in the host state on the salary and emoluments paid to them by the Cell or the sending state, as well as on any income received from outside the host state.

2. The competent authorities of a staff member's country of origin shall have the right to exercise within the territory of the host state all the criminal jurisdiction and disciplinary powers conferred on them by the legislation of the country of origin with regard to all EU staff subject to that legislation.

Article 19

Locally employed staff

1. Locally employed staff shall enjoy privileges and immunities only to the extent granted by the host state. However, the host state shall exercise its jurisdiction over such staff in such a manner as not to interfere unduly with the operation of the Cell or the activities of ad hoc contributors. Locally employed staff shall enjoy the same rights as locally employed staff at the European Union delegation in Nouakchott.

2. Locally employed staff shall be covered by Mauritanian social security legislation under the conditions of ordinary law. The Cell shall comply with this legislation as the employer of these staff members.

Article 20

Security

1. Within its means, the host state shall ensure the security of the Cell and EU staff.

2. To that end, the host state shall take the measures necessary for the protection and security of the Cell, ad hoc contributors and EU staff. Any specific provisions proposed by the host state shall be agreed with the Head of Cell before implementation.

3. If required, supplementary arrangements shall be made in accordance with Article 23.

Article 21

Claims for death, injury, damage or loss

1. The Cell, EU staff, the EU and the sending states shall not be liable for any damage to or loss of civilian or government property which is related to operational necessities or caused by activities in connection with civil disturbance or the protection of the Cell or EU personnel.

2. With a view to reaching an amicable settlement, claims for damage to or loss of civilian property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of assets, facilities or means of transport belonging to the Cell or an ad hoc contributor, shall be forwarded to the Cell via the competent authorities of the host state, if brought by natural or legal persons from the host state, or to the competent authorities of the host state, if brought by the Cell.

3. Where no amicable settlement can be reached, the claim shall be submitted to a claims commission composed on an equal basis of representatives of the Cell and of the host state. Settlement of claims shall be reached by common agreement.

4. Where no settlement can be reached within the claims commission, the claim shall:

(a) for amounts up to and including EUR 40 000, be settled by diplomatic means between the host state and EU representatives;

(b) for amounts above that referred to in point (a), be submitted to an arbitration tribunal, the decision of which shall be binding.

5. The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the host state, one being appointed by the Cell and the third being appointed jointly by the host state and the Cell. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the host state and the Cell on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the president of a court of justice designated jointly by the parties.

6. An administrative arrangement shall be made between the Cell and the administrative authorities of the host state in order to determine the terms of reference of the claims commission and the tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.

Article 22

Other provisions

1. Whenever this Agreement refers to the privileges, immunities and rights of the Cell and of EU staff, the government of the host state shall be responsible for implementing them and for ensuring they are respected by the competent local authorities of the host state.

2. Nothing in this Agreement is intended or may be construed to derogate from any rights that a sending state may have under other agreements.

Article 23

Cooperation

1. Each year the Cell shall inform the competent Mauritanian authorities of the names and addresses of its staff and of ad hoc contributors. The Cell shall also inform the host state in advance of any substantial variation in the number of its staff.

2. The host state shall provide full cooperation and support to the Cell and its staff. If required, supplementary arrangements shall be made in accordance with the last paragraph of this Article.

3. The Head of Cell and the official designated by the Ministry of Foreign Affairs, Cooperation and Mauritanians Abroad of the Islamic Republic of Mauritania shall consult each other at regular intervals and take appropriate measures to ensure close and reciprocal liaison at all levels to ensure the proper application of this Agreement.

4. The Head of Cell shall at all times cooperate with the competent Mauritanian authorities to facilitate the proper application of this Agreement.

5. The host state shall facilitate the execution of contracts concluded by the Cell with commercial entities for official purposes.

6. For the purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements made between the Head of Cell and the host state's administrative authorities.

Article 24

Final provisions

The privileges and immunities provided for in this Agreement shall be granted to the beneficiaries, not to their personal advantage, but in the interest of the proper functioning of the Cell.

Article 25

Dispute settlement

1. Any dispute which may arise between the Government of the Islamic Republic of Mauritania and the Cell concerning the application or interpretation of this Agreement shall be settled by negotiation. All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of the Cell and the host state's competent authorities.

2. Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the host state and EU representatives.

Article 26

Entry into force, modification and expiry

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

2. This Agreement shall enter into force on the first day of the first month after the parties have notified each other of the completion of the internal procedures necessary for this purpose. The Agreement shall remain in force until the date of departure of the last EU staff member, as notified by the Cell.

3. The notifications referred to in paragraph 2 shall be addressed to the Secretary General of the Council of the European Union and to the Minister for Foreign Affairs, Cooperation and Mauritanians Abroad of the Islamic Republic of Mauritania.

4. This Agreement may be amended in writing by mutual consent of the parties. Such amendments shall be executed as separate protocols, which form an integral part of this Agreement and shall enter into force in accordance with paragraph 1 of this Article.

5. The termination or suspension of this Agreement shall not affect any rights or obligations arising from the execution of this Agreement prior to such action.

6. Upon its entry into force, this Agreement shall repeal and replace all previous provisions relating to the establishment, operation, immunities and privileges of the Cell and its staff.

7. This Agreement shall be drawn up as four original copies, two in Arabic and two in French. Both versions are authentic. In the event of a divergence of interpretation, the French version shall prevail.

Done at Nouakchott, 15 December 2023.

( 1 ) OJEU L 113, 16.4.2014, p. 21 .

( 2 ) OJEU L 187, 17.7.2012, p. 48 .

( 3 ) OJEU L 125, 14.5.2019, p. 18 .

ELI: http://data.europa.eu/eli/agree_internation/2024/227/oj

ISSN 1977-0677 (electronic edition)