The Sofa agreement between the EU and Seychelles, the elements of the text (exclusive)

(BRUSSELS2) The text on the status of EU forces (Sofa) based in the Seychelles archipelago is ready. At least, I was able to see an almost final version of it. Here are the main elements.

This thirty-page text contains all the usual clauses of this type of agreement, setting out the obligations and rights of EUNAVFOR members:
- compliance with the laws and regulations of the Seychelles;
- communication to the Seychelles authorities of the number of personnel;
- neutrality and good behavior of the forces (“ refraining from any action or activity incompatible with the objectives of the operation ");
- right to hoist the flag of the European Union, to wear the distinctive emblem of Eunavfor;
- right to wear the uniform and the distinctive insignia of the military;
- carrying weapons (subject to conditions, see below);
- entry into the territory without excessive control (exemption from passport and visa formalities, no registration or control of foreigners, no formalities for the right of residence) but compliance with the rules relating to public health and the environment;
- inviolability of Atalanta facilities and vehicles, inviolability of mail, criminal, civil and administrative immunity of the forces, no possible arrest or detention of EUNAVFOR personnel;
- tax exemption and customs duties except payment of royalties "of a reasonable amount" and equivalent to the armed forces of the host State for the use of the facilities,
roads, etc.;
- right to use radio waves;
- compensation procedure in the event of an incident (similar to that used by theEufor Chad agreement with an amicable settlement
first and possibility of appeal to an arbitration body made up of three people);
- possibility of repatriation of deceased members without autopsy.
Etc
In general, it is the commander of EUNAVFOR who has disciplinary power over his troops.

clarifications

There are some interesting details - such as the option given to Atalanta's ships, planes... and submarines to use the territorial waters of the Seychelles, the support provided by the host State, the security of EUNAVFOR, the regulation of the carrying weapons - which deserve to be detailed.

Free circulation. " For the purposes of the operation, the Host State shall grant EUNAVFOR and its personnel freedom of movement and circulation within its territory, including its waters and airspace. »

Ships. “Freedom of movement in the waters of the host State includes in particular stopping and anchoring in all circumstances »

airplanes. " For the purposes of the operation, EUNAVFOR may engage, on the territory of the Host State, including its territorial sea and its airspace, in the launching, landing or boarding of aircraft or military devices, subject to obtaining the authorization of the authority of the host State responsible for flight safety. »

Submarines. " For the purposes of the operation, EUNAVFOR submarines are not required to navigate on the surface or fly their flag in the territorial sea of ​​the host State. We know that the presence of a submarine is very useful for detecting ships and especially taking ships by surprise or conducting a hostage release operation. The Germans had thus considered resorting to the use of submarines, then had given up on it.

Installations. " To the extent of its means and capabilities, the Host State shall provide the facilities it owns free of charge. ". He can " help Eunavfor find the appropriate facilities ».

Safety. It is up to the host State to take all security measures. But " the EU Force Commander may create a military police unit to maintain order in EUNAVFOR installations. »

Carrying of arms. " At sea, EUNAVFOR military personnel, as well as police personnel when accompanying persons apprehended by EUNAVFOR, may carry arms and ammunition provided they are authorized to do so by their orders, strictly limited to the needs of the operation. « On the land territory of Seychelles, EUNAVFOR personnel may carry arms, if authorized by their orders, in their cantonment areas and during movement between these areas, on board ships and aircraft. where they are and when accompanying suspected pirates who have been taken prisoner. In any other circumstances, arms may only be carried if prior authorization has been granted in accordance with the Seychelles Firearms and Ammunition Act. »