AGREEMENT BETWEEN UKRAINE AND EUROPEAN UNION

of November 17, 2014

About the status of Advisory European Union Commission on reforming of the sector of civil safety of Ukraine

Ukraine (further - Ukraine or host state),

on the one hand, and

European Union (further - the European Union),

on the other hand,

together further - the Parties,

Considering:

- The letter of the Minister of Foreign Affairs of Ukraine to the High representative of the European Union on foreign affairs and security policy of July 11, 2014,

- The decision of the EU Council No. 2014/486/CFSP of July 22, 2014 about Advisory European Union Commission on reforming of the sector of civil safety of Ukraine (KMES in Ukraine),

- That this Agreement will concern the rights and obligations of the Parties according to international treaties and other acts establishing international courts and tribunals including the Charter of the International Criminal Court,

Agreed as follows:

Article 1 Scope of application and determinations

1. This agreement is applied to Advisory European Union Commission (KMES in Ukraine) and its personnel.

2. This agreement is applied only in the territory of Ukraine.

3. For the purposes of this agreement:

(A) "KMES in Ukraine" or "Mission" means the Advisory commission of the EU on reforming of the sector of civil safety of Ukraine founded by the Council of the European Union according to the decision 2014/486/CFSP including its components, departments, the headquarters and personnel developed in the territory of the host country and are attributed to KMES in Ukraine;

(B) "Head of the mission" means the Chief representative of KMES in Ukraine appointed by the Council of the European Union;

(C) European Union (EU) means standing bodies of the EU and their employees;

(D) "The personnel of KMES in Ukraine" mean the Head of the mission, personnel of the Mission, it is affiliated by EU member states, the European Service of External Activities (ESEA), organizations of the EU and the states which are not the members of the EU which are invited by the EU to take part in KMES in Ukraine, the international employees who are engaged on contractual basis of KMES in Ukraine for preparation, support and realization of the Mission, and also the personnel sent to guide by organization of the EU or ESVD within the Mission. This concept does not include commercial contractors or local staff;

(E) "Headquarters" means general staff of KMES in Ukraine in Kiev;

(F) "The state, directs" means any EU member state or the state which is not the member of the EU, directed personnel for participation in the Mission;

(G) "Objects" means all buildings, rooms, constructions and the parcels of land necessary for conducting activities of the Mission, and also for accommodation of personnel of the Mission;

(H) "Local staff" means faces which are the citizens of Ukraine or foreign citizens having the residence permit in Ukraine;

(I) "Official mail" means all correspondence relating to KMES in Ukraine and its functions;

(J) "KMES vehicles in Ukraine" means all cars and other vehicles belonging, leased or affreighted by KMES in Ukraine;

(K) "The property of KMES in Ukraine" means the equipment, including vehicles, and also the consumer goods necessary for implementation of activities of KMES in Ukraine.

Article 2 General provisions

1. KMES in Ukraine and personnel of KMES in Ukraine shall follow the laws and rules of the host country and to abstain from any actions or the activities incompatible with KMES purposes in Ukraine.

2. KMES in Ukraine is independent in accomplishment of the functions according to provisions of this agreement. The host state shall respect unity and the international nature of KMES in Ukraine.

3. The head of the mission shall inform regularly the Government of the host state on the number of personnel of KMES in Ukraine deployed in the territory of the host country.

Article 3 Identification

1. The list of personnel of KMES in Ukraine, including dates of their arrival and departure, it shall be provided in the Ministry of Foreign Affairs of Ukraine (the Ministry of Foreign Affairs of Ukraine) during the whole time of activities of the Mission and, if necessary, to be updated. The personnel of KMES in Ukraine will be office cards which will be issued the Ministry of Foreign Affairs of Ukraine and to confirm the status of personnel of KMES in Ukraine.

2. KMES vehicles in Ukraine can be equipped with identification marking of KMES in Ukraine which sample shall be provided to relevant organs of the host country, and also registration plates which are provided for diplomatic missions in Ukraine.

3. KMES in Ukraine has the right to use flag of the EU in the headquarters and in other places, separately or together with flag of the host state, according to the decision of the Head of the mission. National flags or emblems of the constituting national contingents of KMES in Ukraine can be displayed on objects, KMES vehicles in Ukraine and uniform of the Mission according to the decision of the Head of the mission.

The article 4 Crossing of Border and Movement on the territory of Ukraine

1. Personnel of KMES in Ukraine, property of KMES in Ukraine, KMES vehicles in Ukraine shall cross border of the host state through check points through frontier for the automobile, railway, air, sea and river communication.

2. The host state shall promote entrance on the territory and departure from the territory of the host state of personnel of KMES in Ukraine and property of KMES in Ukraine, KMES vehicles in Ukraine. The personnel of KMES in Ukraine cross frontier of Ukraine according to the valid passports. In case of entrance and departure from the territory of the host state the personnel of KMES in Ukraine having the certificate of the participant Missiya or the temporary document on participation in KMES in Ukraine are exempted from customs examination, visa and immigration rules, and other forms of immigration control in the territory of the host country.

3. The personnel of KMES in Ukraine are exempted from observance of rules of the host country, the regulating registration and control of foreigners, but do not acquire any right to the address on the permanent residence in the territory of the host country.

4. KMES can import on customs area of the host country or export from customs area of Ukraine goods, including the vehicles intended for official use in Ukraine with release from customs examination. Such goods, including vehicles, shall be declared according to the customs legislation of the host country, provided for diplomatic missions.

5. The personnel of KMES in Ukraine can manage vehicles, vessels and to operate airplanes and any other vehicles in the territory of the host country if they have the valid national or international driver's licenses, certificates of the ship master or the license of pilots, in case of need. The host state accepts as the presents, without collection of taxes or charges, certificates or permissions of the driver, has personnel of KMES in Ukraine.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info