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Download XMLAgreement 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 the European Union, including exercises, and of the militairy and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA)
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Austria | Yes | No |
| Denmark | Yes | No |
| Finland | Yes | No |
| France | Yes | No |
| Hungary | Yes | No |
| Ireland | Yes | No |
| Sweden | Yes | No |
Austria
08-09-2004
Statement regarding Article 17 The acceptance of the jurisdiction by military authorities of the sending state in accordance with Article 17 of the "Agreement between the Member States of the European Union concerning the status of military and civilian staff on secondment 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 courts of a sending state.
Denmark
22-12-2016
Explanatory note: Upon approval of this Agreement, Denmark recalls Protocol 22 on the position of Denmark annexed to the Treaty of Lisbon according to which Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. It is noted that this Agreement shall respect Denmark's status under Protocol 22. This, inter alia, limits the scope of the possible agreements, referred to in Part III of this Agreement, that Denmark can undertake
Finland
08-07-2005
Explanatory note: Finland does not regard Article 17 of the Agreement concerning the status of European Union forces as giving the courts of the sending State the right to exercise jurisdiction on Finnish territory.
France
19-07-2005
Pursuant to Article 19(5)(b), France declares that this agreement shall also apply to the communities governed by Articles 73 and 74 of its Constitution, as well as to New Caledonia and the French Southern and Antarctic Territories.
Hungary
12-07-2005
Declaration :The Government of the Republic of Hungary hereby declares that Article 17 of this Agreement does not imply any right for the sending State to exercise jurisdiction in a manner inconsistent with the provisions of the Hungarian Constitution in the territory of Hungary i.e. exercise jurisdiction in cases belonging to the exclusive jurisdiction of the Hungarian courts. In particular, this provision does not give the sending State any right to set up courts or execute judgements within Hungarian territory. This Declaration in no way affects either the applicability of the existing agreements on legal assistance in criminal matters or the division of jurisdiction between the sending State and the receiving State under Article 17. Nor does it affect the sending State's right to exercise such jurisdiction within its own territory when the persons covered by Article 17 have returned to the sending State. Nor does this prevent appropriate measures, which need to be taken immediately to guarantee the maintenance of order and security within the force, from being taken inside Hungarian territory by the military authorities of the sending State (for example detention or any other investigative steps prior to accusation).
Ireland
22-02-2019
Replacement reservation by Ireland to the EU-SOFA "Having regard to: - the Treaties and their Protocols, in particular Article 42, paragraph 2 of the Treaty on European Union and Protocol (No 38) on the Concerns of the Irish People on the Treaty of Lisbon, pursuant to which the Union's common security and defence policy does not prejudice the security and defence policy of each Member State, including Ireland, or the obligations of any Member State, and the Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality; - Article 31, paragraph 1 of the Treaty on European Union, and the provisions of recital 2 of the present Agreement whereby decisions to receive forces are a matter for national decision making and will be the subject of separate arrangements between the sending and receiving Member States concerned; and - the prohibition under Ireland's Constitution of the maintenance within the State of the armed forces of any other state; Ireland shall not be a receiving state for the purposes of the present Agreement, and the application of, in particular, Articles 2, 4, 9, 11, 12, 13 and 17 of the present Agreement within the territory of Ireland shall not arise accordingly.
Sweden
21-01-2005
The Swedish Government hereby declares that Article 17 of this Agreement does not imply any right for the sending State to exercise jurisdiction in Swedish territory. In particular, this provision does not give the sending State any right to set up courts or execute judgments within Swedish territory. This in no way affects the division of jurisdiction between the sending State and the receiving State under Article 17. Nor does it affect the sending State's right to exercise such jurisdiction within its own territory when the persons covered by Article 17 have returned to the sending State. Nor does this prevent appropriate measures, which need to be taken immediately to guarantee the maintenance of order and security within the force, from being taken inside Swedish territory by the military authorities of the sending State.