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AGREEMENT

between the Member States of the European Union concerning claims introduced by each Member State against any other Member State for damage to any property owned, used or operated by it or injury or death suffered by any military or civilian staff of its services, in the context of an EU crisis management operation

(2004/C 116/01)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty on European Union (TEU), and in particular Title V thereof;

Whereas:

HAVE AGREED AS FOLLOWS:

Article 1

In this Agreement, the term:

Article 2

The provisions of this Agreement shall apply only insofar as the act causing the damage, injury or death below mentioned occurs:

Article 3

Each Member State shall waive all its claims against any other Member State for injury or death suffered by any of its military or civilian personnel while such personnel were engaged in the performance of their official duties, except in cases of gross negligence or wilful misconduct.

Article 4

1.   Each Member State shall waive all its claims against any other Member State for damage to any property owned, used or operated by it in connection with the preparation and execution of the tasks referred to in Article 17(2) of the TEU, including exercises, except in cases of gross negligence or wilful misconduct, if such damage:

2.   Claims for maritime salvage by a Member State against any other Member State shall be waived, provided that the vessel or cargo salvaged was owned by a Member State or used or operated by its personnel in connection with the aforementioned tasks.

Article 5

In cases of claims, other than those waived by virtue of Articles 3 and 4 for:

the issue of the liability of any Member State shall be determined and the amount of damages shall be agreed by negotiation between the Member States concerned, unless those Member States agree otherwise.

A Member State shall waive its claim in any case where the damage is less than the amount of EUR 10 000. This amount may be amended by a Decision of the Member States meeting within the Council, acting unanimously.

Article 6

The provisions of Article 4 and 5 do not entitle a Member State to refuse to pay to a party, other than a party to this Agreement, full or partial compensation for damage caused to an asset provided by this party to one or more Member States under a rental, lease, charter or other arrangement.

Article 7

Any dispute between Member States relating to claims which cannot be resolved by negotiations between the Member States concerned shall be submitted to an arbitrator selected by agreement between the Member States concerned from among the nationals of the States concerned who hold, or have held, high judicial office. If the Member States concerned are unable within two months to agree upon an arbitrator, each Member State concerned may request the President of the Court of Justice of the European Communities to select a person with the aforesaid qualifications.

Article 8

1.   Member States shall notify the Secretary-General of the Council of the European Union of the completion of the constitutional procedures for the approval of this Agreement. This Agreement shall enter into force on the first day of the second month following the notification by the last Member State of the completion of these constitutional procedures.

2.   The Secretary-General of the Council of the European Union shall act as depository of this Agreement. The depository shall publish this Agreement in the Official Journal of the European Union, as well as information about its entry into force following the completion of the constitutional procedures referred to in paragraph 1.

Article 9

This Agreement is drawn up in Danish, German, English, Finnish, French, Dutch, Greek, Italian, Portuguese, Spanish and Swedish, each language being equally authentic.

Hecho en Bruselas, el veintiocho de abril del dos mil cuatro.

Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.

Geschehen zu Brüssel am achtundzwanzigsten April zweitausendvier.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Απριλίου δύο χιλιάδες τέσσερα.

Done at Brussels on the twenty-eight day of April in the year two thousand and four.

Fait à Bruxelles, le vingt-huit avril deux mille quatre.

Fatto a Bruxelles, addì ventotto aprile duemilaquattro.

Gedaan te Brussel, de achtentwintigste april tweeduizendvier.

Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kahsituhattaneljö.

Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra,

Pour le gouvernement de la République française

Thar ceann Rialtas na hÉireann

For the Government of Ireland

Per il Governo della Repubblica italiana

Pour le gouvernement du Grand-Duché de Luxembourg

Voor de Regering van het Koninkrijk der Nederlanden

Für die Regierung der Republik Österreich

Pelo Governo da República Portuguesa

Suomen hallituksen puolesta

På finska regeringens vägnar

På svenska regeringens vägnar

For the Government of the United Kingdom of Great Britain

Pour le Gouvernement du Royaume de Belgique

Voor de Regering van het Koninkrijk België

Für die Regierung des Königreichs Belgien

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

Για την Κυβέρνηση της Ελληνικής Δημοκρατίας

Por el Gobierno del Reino de España

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DECLARATION BY MEMBER STATES

In signing this Agreement, all Member States will endeavour, insofar as their internal legal system enables them, to limit as far as possible their claims against any other Member State for injury, death of military or civilian personnel, or damage to any assets owned, used or operated by themselves, except in cases of gross negligence or wilful misconduct.

Members States will also endeavour to fulfil as soon as possible the requirements of their own constitutional procedures in order to allow a prompt entry into force of this Agreement.

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