Agreement between the EU and Somalia on the EU mission in Somalia (EUCAP Somalia)

SUMMARY OF:

Agreement between the EU and Somalia on the status of the EU capacity-building mission in Somalia (EUCAP Somalia)

Decision (CFSP) 2020/155 on the signing and conclusion, on behalf of the EU, of the agreement between the EU and Somalia on the status of the EU capacity building mission in Somalia (EUCAP Somalia)

WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION?

The agreement sets out the status and operating conditions of the EU’s capacity-building mission and staff, strengthening Somalia’s ability to enforce maritime civilian law.
The decision gives the EU’s formal approval to the agreement.

KEY POINTS

The agreement states the following.

The mission and its personnel:
- respect Somalia’s laws and regulations;
- are identifiable by ID cards, distinctive vehicle markings or registration plates and the EU flag;
- enter or leave the country at official border crossings without hindrance;
- have free and unrestricted movement within the country;
- enjoy various privileges and immunities, such as exemption from taxation and personal baggage inspections and immunity from the country’s jurisdiction when performing their official functions;
- remain subject to the criminal jurisdiction and disciplinary powers of their home country;
- have the right, with the head of mission’s authorisation, to carry small arms and ammunition;
- may take all necessary and proportionate force to protect themselves, premises, vehicles and assets against danger;
- wear national uniforms or civilian clothes with distinctive EUCAP Somalia identification;
- are not liable for any damage to, or loss of, civilian or government property in the course of their duties or caused by civil disturbance.
Somalia:
- assumes full responsibility for the security of EUCAP personnel;
- provides full cooperation and support, including access to facilities, vehicles and information, to the mission and to its members;
- assists the mission, if requested, to find suitable premises free of charge;
- grants the mission free access to its radio frequency;
- helps the mission to implement any commercial contracts it enters into;
- is responsible for local authorities implementing and observing the privileges, immunities and rights of the mission and its personnel.
EUCAP Somalia may:
- construct or alter facilities it requires, without paying compensation;
- install and operate radio stations and satellite systems with unrestricted communication rights.
Claims for death, injury, damage or loss of civilian or government property are referred to a claims commission and ultimately to an arbitration tribunal if they cannot first be settled amicably.
The head of mission is responsible for the repatriation of any deceased EUCAP Somalia personnel and their property.
Any disputes that arise in applying the agreement are initially handled by the mission and the relevant national authorities and, if necessary, settled diplomatically at a higher level.

DATE OF ENTRY INTO FORCE

The agreement entered into force on 11 January 2020.

BACKGROUND

EUCAP Somalia replaced EUCAP Nestor (launched in July 2012 to develop regional maritime capacity building in the Horn of Africa) in December 2016. Its specific remit is to help the country enforce maritime law more effectively and tackle piracy.
The mission’s mandate runs until 31 December 2021. It has a budget of €66.1 million for the period 1 January 2019 to 31 December 2020.
EUCAP Somalia is part of a comprehensive EU strategy for the country. This ranges from diplomatic and development support to humanitarian aid and law enforcement.
The strategy includes 2 military missions:
- Eunavfor Operation Atalanta to combat coastal piracy; and
- EUTM Somalia to provide political and strategic military advice and training.
For more information, see:
- EUCAP Somalia (European External Action Service).

MAIN DOCUMENTS

Agreement between the European Union and the Federal Republic of Somalia on the status of the European Union capacity-building mission in Somalia (EUCAP Somalia) (OJ L 34, 6.2.2020, pp. 5-12)

Council Decision (CFSP) 2020/155 of 24 October 2019 on the signing and conclusion, on behalf of the Union, of the Agreement between the European Union and the Federal Republic of Somalia on the status of the European Union capacity-building mission in Somalia (EUCAP Somalia) (OJ L 34, 6.2.2020, pp. 3-4)