AGREEMENT  
between the European Union and New Zealand establishing a framework for the participation of 
New Zealand in European Union crisis management operations  
THE EUROPEAN UNION (EU),  
of the one part, and  
NEW ZEALAND  
of the other part,  
hereinafter referred to as the ‘Parties’,  
WHEREAS:  
(1) The European Union 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. New Zealand 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 New Zealand.  
(3) Conditions regarding the participation of New Zealand in EU crisis management operations should be laid down 
in an Agreement establishing a framework for such possible future participation, rather than defining these 
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 New Zealand to participate in an EU crisis 
management operation.  
(5) Such an Agreement should only address EU crisis management operations and should be without prejudice to any 
existing agreements regulating the participation of New Zealand in an EU crisis management operation that has 
been already 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 
New Zealand to participate in an EU crisis management oper ­
ation, and once New Zealand has decided to participate, New 
Zealand shall provide information on its proposed contribution 
to the European Union.  
2. The European Union shall provide New Zealand with an 
early indication of the likely contribution to the common costs 
of the operation as soon as possible with a view to assisting 
New Zealand in the formulation of its offer.  
3. The assessment by the European Union of New Zealand’s 
proposed contribution shall be conducted in consultation with 
New Zealand.  
4. The European Union shall communicate the outcome of 
that assessment to New Zealand by letter in a timely fashion 
with a view to securing the participation of New Zealand in 
accordance with the provisions of this Agreement.  Article 2  
Framework  
1. New Zealand shall associate itself with the Council 
Decision by which the Council of the European Union 
decides that the EU will conduct the crisis management oper ­
ation, 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 participation of New Zealand in an EU crisis 
management operation shall be without prejudice to the 
decision-making autonomy of the European Union.  
3. Paragraph 1 does not affect the right of New Zealand to 
withdraw from participation in an EU crisis management 
operation if it does not agree with a Decision referred to in 
that paragraph.  
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 New Zealand shall 
be governed by the agreement on the status of forces/mission, if 
available, concluded between the European Union and the 
State(s) in which the operation is conducted.EN L 160/2 Official Journal of the European Union 21.6.2012
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 New Zealand.  
3. Without prejudice to the agreement on the status of 
forces/mission referred to in paragraph 1, and subject to any 
bilateral or multilateral agreements in force, in cases where the 
forces of New Zealand operate on board a vessel or aircraft of 
an EU Member State, the latter State shall exercise jurisdiction in 
accordance with its internal laws and procedures.  
4. New Zealand shall be responsible for answering any 
claims linked to its participation in an EU crisis management 
operation, from or concerning any of its personnel. New 
Zealand 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 Parties agree to waive any and all claims (other than 
contractual claims) against each other for damage to, loss, or 
destruction of assets owned/operated by either Party, or injury 
or death to personnel of either Party, arising out of the 
performance of their official duties in connection with activities 
under this Agreement, except in the case of gross negligence or 
wilful misconduct.  
6. New Zealand undertakes to make a declaration as regards 
the waiver of claims against any State participating in an EU 
crisis management operation in which New Zealand partici ­
pates, and to do so when signing this Agreement.  
7. 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 New Zealand in an EU 
crisis management operation, and to do so when signing this 
Agreement.  
Article 4  
Classified information  
1. New Zealand shall take appropriate measures to ensure 
that EU classified information is protected in accordance with 
the European Union Council’s security regulations, contained in 
Council Decision 2011/292/EU of 31 March 2011 on the 
security rules for protecting EU classified information (  1 ), and 
in accordance with further guidance issued by competent auth ­
orities, 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. If the EU receives classified information from New 
Zealand, that information shall be given protection appropriate 
to its classification and equivalent to the standards established in 
the regulations for EU classified information.  3. Where the EU and New Zealand have concluded an 
agreement on security procedures for the exchange of classified 
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. New Zealand 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. New Zealand shall inform in due time the Head of 
Mission of the EU civilian crisis management operation (‘Head 
of Mission’) and the High Representative of the Union for 
Foreign Affairs and Security Policy (‘HR’) 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 as 
may be deemed necessary by the competent New Zealand auth ­
orities, and be certified medically fit for duty by a competent 
authority from New Zealand. Personnel seconded to the EU 
civilian crisis management operation shall produce a copy of 
that certification.  
Article 6  
Chain of command  
1. Personnel seconded by New Zealand 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.EN 21.6.2012 Official Journal of the European Union L 160/3  
( 1 ) OJ L 141, 27.5.2011, p. 17.
6. New Zealand 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.  
8. A National Contingent Point of Contact (NPC) shall be 
appointed by New Zealand 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 discipline of the 
contingent.  
9. The decision to end the operation shall be taken by the 
European Union, following consultation with New Zealand 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. New Zealand 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, 
issues of possible liability and compensation by New Zealand 
shall be governed by the conditions foreseen in the applicable 
status of mission agreement referred to in Article 3(1) or any 
applicable alternative arrangements.  
Article 8  
Contribution to operational budget  
1. New Zealand shall contribute to the financing of the 
budget of the EU civilian crisis management operation.  
2. The financial contribution of New Zealand to the oper ­
ational 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 is in proportion to 
the ratio of New Zealand’s GNI to the total GNIs of all 
States contributing to the operational budget of the oper ­
ation; or  
(b) the share of the reference amount for the operational 
budget which is in proportion to the ratio of the number 
of personnel from New Zealand participating in the 
operation to the total number of personnel of all States 
participating in the operation.  
3. Notwithstanding paragraphs 1 and 2, New Zealand 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 New Zealand from financial contributions 
to a particular EU civilian crisis management operation when:  
(a) the European Union decides that New Zealand’s partici ­
pation in the operation provides a significant contribution 
which is essential for this operation; or  
(b) New Zealand 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 
New Zealand 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 New Zealand. That arrangement shall, 
inter alia, include the following provisions:  
(a) the amount concerned;  
(b) the arrangements for payment of the financial contribution; 
and 
(c) the auditing procedure.  
SECTION III  
PROVISIONS ON PARTICIPATION IN MILITARY CRISIS 
MANAGEMENT OPERATIONS  
Article 9  
Participation in the EU military crisis management 
operation  
1. New Zealand shall ensure that its forces and personnel 
participating in the 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; and  
(c) implementing measures.  
2. New Zealand 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. Personnel seconded by New Zealand shall carry out their 
duties and conduct themselves solely with the interest of the EU 
military crisis management operation in mind.  
3. 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.  
4. New Zealand shall have the same rights and obligations in 
terms of the day-to-day management of the operation as partici ­
pating European Union Member States.EN L 160/4 Official Journal of the European Union 21.6.2012
5. The EU Operation Commander may, following consul ­
tations with New Zealand, at any time request the withdrawal 
of New Zealand’s contribution.  
6. A Senior Military Representative (SMR) shall be appointed 
by New Zealand to represent its national 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 contingent of New Zealand.  
Article 11  
Financial aspects  
1. Without prejudice to Article 12 of this agreement, New 
Zealand shall assume all the costs associated with its partici ­
pation in the operation unless the costs are subject to common 
funding as provided for in the legal instruments referred to in 
Article 2(1) of this Agreement, as well as in Council Decision 
2008/975/CFSP (  1 ) establishing a mechanism to administer the 
financing of the common costs of EU operations having 
military or defence implications.  
2. In case of death, injury, loss or damage to natural or legal 
persons from the State(s) in which the operation is conducted, 
issues of possible liability and compensation by New Zealand 
shall be governed by the conditions foreseen in the applicable 
status of forces agreement referred to in Article 3(1) or any 
applicable alternative arrangements.  
Article 12  
Contribution to the common costs  
1. New Zealand shall contribute to the financing of the 
common costs of the EU military crisis management operation.  
2. The financial contribution of New Zealand 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 is in proportion to 
the ratio of New Zealand’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 is in proportion to 
the ratio of the number of personnel from New Zealand 
participating in the operation to the total number of 
personnel of all States participating in the operation.  
Where the formula under point (b) of the first subparagraph is 
used and New Zealand 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 New Zealand to that of the total 
personnel of the operation.  
3. Notwithstanding paragraph 1 above, the European Union 
shall, in principle, exempt New Zealand from financial contributions to the common costs of a particular EU military 
crisis management operation when:  
(a) the European Union decides that New Zealand’s partici ­
pation in the operation provides a significant contribution 
to assets and/or capabilities which are essential for the oper ­
ation; or  
(b) New Zealand 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 establishing a 
mechanism to administer the financing of the common costs of 
EU operations having military or defence implications, and the 
competent administrative authorities of New Zealand. That 
arrangement shall include inter alia provisions on:  
(a) the amount concerned;  
(b) the arrangements for payment of the financial contribution; 
and 
(c) the auditing procedure.  
SECTION IV  
FINAL PROVISIONS  
Article 13  
Arrangements to implement the Agreement  
Without prejudice to the provisions of Articles 12(4) and 8(5), 
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 auth ­
orities of New Zealand.  
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 reviewed upon the request of 
either Party.  
3. This Agreement may be amended on the basis of a mutual 
written agreement between the Parties.EN 21.6.2012 Official Journal of the European Union L 160/5  
( 1 ) OJ L 345, 23.12.2008, p. 96.
4. This Agreement maybe 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 Brussels, this eighteenth day of April in the year two thousand and twelve.  
For the European Union
  For New Zealand
EN L 160/6 Official Journal of the European Union 21.6.2012
DECLARATION BY THE EU MEMBER STATES  
The EU Member States applying an EU Council Decision of an EU crisis management operation in which 
New Zealand participates will endeavour, insofar as their internal legal systems so permit, to waive as far as 
possible claims against New Zealand 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 New Zealand 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 New Zealand, 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 New Zealand using those assets.  
DECLARATION BY NEW ZEALAND  
New Zealand, when applying an EU Council Decision of an EU crisis management operation, will 
endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any 
EU Member 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:  
(a) 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  
(b) 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 21.6.2012 Official Journal of the European Union L 160/7