AGREEMENT  
between the European Union and the Republic of Serbia establishing a framework for the 
participation of the Republic of Serbia in European Union crisis management operations  
THE EUROPEAN UNION,  
of the one part, and  
THE REPUBLIC OF SERBIA  
of the other part,  
hereinafter referred to as the ‘Parties’,  
Whereas:  
(1) The European Union (EU) may decide to take action in the field of crisis management.  
(2) The European Union will decide whether third States will be invited to participate in an EU crisis management 
operation. The Republic of Serbia may accept the invitation by the European Union and offer its contribution. In 
such case, the European Union will decide on the acceptance of the proposed contribution of the Republic of 
Serbia.  
(3) Conditions regarding the participation of the Republic of Serbia in EU crisis management operations should be 
laid down in an agreement establishing a framework for such possible future participation, rather than defining 
those conditions on a case-by-case basis for each operation concerned.  
(4) Such an agreement should be without prejudice to the decision-making autonomy of the European Union, and 
should not prejudge the case-by-case nature of the decisions of the Republic of Serbia to participate in an EU crisis 
management operation.  
(5) Such an agreement should only address future EU crisis management operations and should be without prejudice 
to any existing agreements regulating the participation of the Republic of Serbia in an EU crisis management 
operation that has already been deployed,  
HAVE AGREED AS FOLLOWS:  
SECTION I  
GENERAL PROVISIONS  
Article 1  
Decisions relating to the participation  
1. Following the decision of the European Union to invite 
the Republic of Serbia to participate in an EU crisis 
management operation, and once the Republic of Serbia has 
decided to participate, the Republic of Serbia shall provide 
information on its proposed contribution to the European 
Union.  
2. The assessment by the European Union of the Republic of 
Serbia’s contribution shall be conducted in consultation with 
the Republic of Serbia.  
3. The European Union shall provide the Republic of Serbia 
with an early indication of the likely contribution to the 
common costs of the operation as soon as possible with a 
view to assisting the Republic of Serbia in the formulation of 
its offer.  
4. The European Union shall communicate the outcome of 
this assessment to the Republic of Serbia by a letter with a view 
to securing the participation of the Republic of Serbia in 
accordance with the provisions of this Agreement.  Article 2  
Framework  
1. The Republic of Serbia shall associate itself with the 
Council Decision by which the Council of the European 
Union decides that the EU will conduct the crisis management 
operation, and with any other decision by which the Council of 
the European Union decides to extend the EU crisis 
management operation, in accordance with the provisions of 
this Agreement and any required implementing arrangements.  
2. The contribution of the Republic of Serbia to an EU crisis 
management operation shall be without prejudice to the 
decision-making autonomy of the European Union.  
Article 3  
Status of personnel and forces  
1. The status of personnel seconded to an EU civilian crisis 
management operation and/or of the forces contributed to an 
EU military crisis management operation by the Republic of 
Serbia shall be governed by the agreement on the status of 
forces/mission, if concluded, between the European Union and 
the State(s) in which the operation is conducted.EN L 163/2 Official Journal of the European Union 23.6.2011
2. The status of personnel contributed to headquarters or 
command elements located outside the State(s) in which the 
EU crisis management operation takes place, shall be 
governed by arrangements between the headquarters and 
command elements concerned and the Republic of Serbia.  
3. Without prejudice to the agreement on the status of 
forces/mission referred to in paragraph 1, the Republic of 
Serbia shall exercise jurisdiction over its personnel participating 
in the EU crisis management operation.  
4. The Republic of Serbia shall be responsible for answering 
any claims linked to the participation in an EU crisis 
management operation, from or concerning any of its 
personnel. The Republic of Serbia shall be responsible for 
bringing any action, in particular legal or disciplinary, against 
any of its personnel in accordance with its laws and regulations.  
5. The Republic of Serbia undertakes to make a declaration 
as regards the waiver of claims against any State participating in 
an EU crisis management operation in which the Republic of 
Serbia participates, and to do so when signing this Agreement.  
6. The European Union undertakes to ensure that European 
Union Member States make a declaration as regards the waiver 
of claims, for any future participation of the Republic of Serbia 
in an EU crisis management operation, and to do so when 
signing this Agreement  
Article 4  
Classified information  
1. The Republic of Serbia shall take appropriate measures to 
ensure that EU classified information is protected in accordance 
with the EU Council’s security regulations, contained in Council 
Decision 2001/264/EC of 19 March 2001 adopting the 
Council’s security regulations (  1 ) and in accordance with 
further guidance issued by competent authorities, including 
the EU Operation Commander concerning an EU military 
crisis management operation or by the EU Head of Mission 
concerning an EU civilian crisis management operation.  
2. Where the EU and the Republic of Serbia have concluded 
an agreement on security procedures for the exchange of clas ­
sified information, the provisions of such an agreement shall 
apply in the context of an EU crisis management operation.  
SECTION II  
PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS 
MANAGEMENT OPERATIONS  
Article 5  
Personnel seconded to an EU civilian crisis management 
operation  
1. The Republic of Serbia shall ensure that its personnel 
seconded to the EU civilian crisis management operation 
undertake their mission in accordance with:  (a) the Council Decision and subsequent amendments as 
referred to in Article 2(1);  
(b) the Operation Plan;  
(c) implementing measures.  
2. The Republic of Serbia shall inform in due time the EU 
civilian crisis management operation Head of Mission and the 
High Representative of the Union for Foreign Affairs and 
Security Policy Council of any change to its contribution to 
the EU civilian crisis management operation.  
3. Personnel seconded to the EU civilian crisis management 
operation shall undergo a medical examination, vaccination and 
be certified medically fit for duty by a competent authority from 
the Republic of Serbia. Personnel seconded to the EU civilian 
crisis management operation shall produce a copy of this certifi ­
cation.  
Article 6  
Chain of command  
1. Personnel seconded by the Republic of Serbia shall carry 
out their duties and conduct themselves solely with the interests 
of the EU civilian crisis management operation in mind.  
2. All personnel shall remain under the full command of 
their national authorities.  
3. National authorities shall transfer operational control to 
the European Union.  
4. The Head of Mission shall assume responsibility and 
exercise command and control of the EU civilian crisis 
management operation at theatre level.  
5. The Head of Mission shall lead the EU civilian crisis 
management operation and assume its day-to-day management.  
6. The Republic of Serbia shall have the same rights and 
obligations in terms of day-to-day management of the 
operation as European Union Member States taking part in 
the operation, in accordance with the legal instruments 
referred to in Article 2(1).  
7. The EU civilian crisis management operation Head of 
Mission shall be responsible for disciplinary control over EU 
civilian crisis management operation personnel. Where 
required, disciplinary action shall be taken by the national 
authority concerned.EN 23.6.2011 Official Journal of the European Union L 163/3  
( 1 ) OJ L 101, 11.4.2001, p. 1.
8. A National Contingent Point of Contact (‘NPC’) shall be 
appointed by the Republic of Serbia to represent its national 
contingent in the operation. The NPC shall report to the EU 
civilian crisis management operation Head of Mission on 
national matters and shall be responsible for day-to-day 
contingent discipline.  
9. The decision to end the operation shall be taken by the 
European Union, following consultation with the Republic of 
Serbia if it is still contributing to the EU civilian crisis 
management operation at the date of termination of the 
operation.  
Article 7  
Financial aspects  
1. The Republic of Serbia shall assume all the costs 
associated with its participation in the operation apart from 
the running costs, as set out in the operational budget of the 
operation. This shall be without prejudice to Article 8.  
2. In case of death, injury, loss or damage to natural or legal 
persons from the State(s) in which the operation is conducted, 
the Republic of Serbia shall, once its liability has been estab ­
lished, pay compensation under the conditions foreseen in the 
applicable status of mission agreement referred to in 
Article 3(1).  
Article 8  
Contribution to operational budget  
1. The Republic of Serbia shall contribute to the financing of 
the budget of the EU civilian crisis management operation.  
2. The financial contribution of the Republic of Serbia to the 
operational budget shall be calculated on the basis of either of 
the following formulae, whichever produces the lower amount:  
(a) the share of the reference amount which corresponds 
proportionately to the ratio of the Republic of Serbia’s 
GNI to the total GNIs of all States contributing to the oper ­
ational budget of the operation; or  
(b) the share of the reference amount for the operational 
budget which corresponds proportionately to the ratio of 
the number of personnel from the Republic of Serbia 
participating in the operation to the total number of 
personnel of all States participating in the operation.  
3. Notwithstanding paragraphs 1 and 2, the Republic of 
Serbia shall not make any contribution towards the financing 
of per diem allowances paid to personnel of the European 
Union Member States.  
4. Notwithstanding paragraph 1, the European Union shall, 
in principle, exempt the Republic of Serbia from financial 
contributions to a particular EU civilian crisis management 
operation when:  
(a) the European Union decides that the Republic of Serbia 
provides a significant contribution which is essential for 
the operation; or  (b) the Republic of Serbia has a GNI per capita which does not 
exceed that of any Member State of the European Union.  
5. An arrangement on the payment of the contributions of 
the Republic of Serbia to the operational budget of the EU 
civilian crisis management operation shall be signed between 
the EU civilian crisis management operation Head of Mission 
and the relevant administrative services of the Republic of 
Serbia. That arrangement shall include, inter alia, the 
following provisions:  
(a) the amount concerned;  
(b) the arrangements for payment of the financial contribution;  
(c) the auditing procedure.  
SECTION III  
PROVISIONS ON PARTICIPATION IN MILITARY CRISIS 
MANAGEMENT OPERATIONS  
Article 9  
Participation in an EU military crisis management 
operation  
1. The Republic of Serbia shall ensure that its forces and 
personnel participating in an EU military crisis management 
operation undertake their mission in accordance with:  
(a) the Council Decision and subsequent amendments as 
referred to in Article 2(1);  
(b) the Operation Plan;  
(c) implementing measures.  
2. Personnel seconded by the Republic of Serbia shall carry 
out their duties and conduct themselves solely with the interest 
of the EU military crisis management operation in mind.  
3. The Republic of Serbia shall inform the EU Operation 
Commander in due time of any change to its participation in 
the operation.  
Article 10  
Chain of command  
1. All forces and personnel participating in the EU military 
crisis management operation shall remain under the full 
command of their national authorities.  
2. National authorities shall transfer the Operational and 
Tactical command and/or control of their forces and 
personnel to the EU Operation Commander, who is entitled 
to delegate his authority.  
3. The Republic of Serbia shall have the same rights and 
obligations in terms of the day-to-day management of the 
operation as participating European Union Member States.  
4. The EU Operation Commander may, following consul ­
tations with the Republic of Serbia, at any time request the 
withdrawal of the Republic of Serbia’s contribution.EN L 163/4 Official Journal of the European Union 23.6.2011
5. A Senior Military Representative (SMR) shall be appointed 
by the Republic of Serbia to represent the Serbian contingent in 
the EU military crisis management operation. The SMR shall 
consult with the EU Force Commander on all matters 
affecting the operation and shall be responsible for the day- 
to-day discipline of the Serbian contingent.  
Article 11  
Financial aspects  
1. Without prejudice to Article 12, the Republic of Serbia 
shall assume all the costs associated with its participation in the 
operation unless the costs are subject to common funding as 
provided for in the legal instruments referred to in Article 2(1), 
as well as in Council Decision 2008/975/CFSP of 18 December 
2008 establishing a mechanism to administer the financing of 
the common costs of European Union operations having 
military or defence implications (Athena) (  1 ). 
2. In case of death, injury, loss or damage to natural or legal 
persons from the State(s) in which the operation is conducted, 
the Republic of Serbia shall, once its liability has been estab ­
lished, pay compensation under the conditions foreseen in the 
applicable status of forces agreement referred to in Article 3(1).  
Article 12  
Contribution to the common costs  
1. The Republic of Serbia shall contribute to the financing of 
the common costs of the EU military crisis management 
operation.  
2. The financial contribution of the Republic of Serbia to the 
common costs shall be calculated on the basis of either of the 
following two formulae, whichever produces the lower amount:  
(a) the share of the common costs which corresponds propor ­
tionately to the ratio of the Republic of Serbia’s GNI to the 
total GNIs of all States contributing to the common costs of 
the operation; or  
(b) the share of the common costs which corresponds propor ­
tionately to the ratio of the number of personnel from the 
Republic of Serbia participating in the operation to the total 
number of personnel of all States participating in the 
operation.  
Where the formula under point (b) of paragraph 2 is used 
and the Republic of Serbia contributes personnel only to the 
Operation or Force Headquarters, the ratio used shall be that 
of its personnel to that of the total number of the respective 
headquarters personnel. In other cases, the ratio shall be 
that of all personnel contributed by the Republic of Serbia 
to that of the total personnel of the operation.  
3. Notwithstanding paragraph 1, the European Union shall, 
in principle, exempt the Republic of Serbia from financial 
contributions to the common costs of a particular EU military 
crisis management operation when:  (a) the European Union decides that the Republic of Serbia 
provides a significant contribution to assets and/or capa ­
bilities which are essential for the operation; or  
(b) the Republic of Serbia has a GNI per capita which does not 
exceed that of any Member State of the European Union.  
4. An arrangement shall be concluded between the Adminis ­
trator provided for in Decision 2008/975/CFSP and the 
competent administrative authorities of the Republic of Serbia. 
This arrangement shall include, inter alia, provisions on:  
(a) the amount concerned;  
(b) the arrangements for payment of the financial contribution;  
(c) the auditing procedure.  
SECTION IV  
FINAL PROVISIONS  
Article 13  
Implementing arrangements  
Without prejudice to the provisions of Articles 8(5) and 12(4), 
any necessary technical and administrative arrangements in 
pursuance of the implementation of this Agreement shall be 
concluded between the High Representative of the Union for 
Foreign Affairs and Security Policy, and the appropriate 
authorities of the Republic of Serbia.  
Article 14  
Non-compliance  
Should one of the Parties fail to comply with its obligations 
under this Agreement, the other Party shall have the right to 
terminate this Agreement by serving notice of one month.  
Article 15  
Dispute settlement  
Disputes concerning the interpretation or application of this 
Agreement shall be settled by diplomatic means between the 
Parties.  
Article 16  
Entry into force  
1. This Agreement shall enter into force on the first day of 
the first month after the Parties have notified each other of the 
completion of the internal procedures necessary for this 
purpose.  
2. This Agreement shall be provisionally applied from the 
date of signature.  
3. This Agreement shall be subject to regular review.  
4. This Agreement may be amended on the basis of a mutual 
written agreement between the Parties.EN 23.6.2011 Official Journal of the European Union L 163/5  
( 1 ) OJ L 345, 23.12.2008, p. 96.
5. This Agreement may be denounced by either Party by written notice of denunciation given to the 
other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.  
Done at Belgrade, this eighth day of June in the year 2011 in two copies, each in the English language.  
For the European Union
  For the Republic of Serbia
EN L 163/6 Official Journal of the European Union 23.6.2011
TEXT FOR DECLARATIONS  
Text for the EU Member States:  
‘The EU Member States applying an EU Council Decision on an EU crisis management operation in 
which the Republic of Serbia participates will endeavour, insofar as their internal legal systems so 
permit, to waive as far as possible claims against the Republic of Serbia for injury, death of their 
personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis 
management operation if such injury, death, damage or loss:  
— was caused by personnel from the Republic of Serbia in the execution of their duties in connection 
with the EU crisis management operation, except in case of gross negligence or wilful misconduct,  
— or arose from the use of any assets owned by the Republic of Serbia, provided that the assets were 
used in connection with the operation and except in case of gross negligence or wilful misconduct 
of EU crisis management operation personnel from the Republic of Serbia using those assets.’.  
Text for the Republic of Serbia:  
‘The Republic of Serbia applying an EU Council Decision on an EU crisis management operation will 
endeavour, insofar as its internal legal system so permit, to waive as far as possible claims against any 
other State participating in the EU crisis management operation for injury, death of its personnel, or 
damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if 
such injury, death, damage or loss:  
— was caused by personnel in the execution of their duties in connection with the EU crisis 
management operation, except in case of gross negligence or wilful misconduct,  
— or arose from the use of any assets owned by States participating in the EU crisis management 
operation, provided that the assets were used in connection with the operation and except in case 
of gross negligence or wilful misconduct of EU crisis management operation personnel using those 
assets.’.EN 23.6.2011 Official Journal of the European Union L 163/7