EN Official Journal of the European Union L 40/2

AGREEMENT

between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations

THE EUROPEAN UNION (the ‘Union’) or (the ‘EU’)

of the one part, and

THE REPUBLIC OF CHILE

of the other part,

hereinafter referred to as the ‘Parties’,

WHEREAS:

RECOGNISING the importance of world peace for the development of all States, and the obligation of all nations to cooperate in achieving and preserving it;

RECALLING the objectives and intentions of the Parties as set out in the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, signed on 18 November 2002;

CONSIDERING that it is of particular concern to the Union to maintain peace within its area of influence, in particular through the organisation of, and support for, crisis management operations;

BEARING IN MIND the absolute freedom with which the Union acts in deciding to undertake crisis management operations, as well as in inviting non-EU States to participate in them and in ultimately agreeing to have one of them participate in and contribute to them;

RECOGNISING that the existence of a framework agreement on the possible participation of the Republic of Chile in one or more of the crisis management operations decided on and managed by the Union will facilitate its participation and contribution, notwithstanding the fact that the specific conditions must be agreed on each occasion;

BEARING IN MIND that the conclusion of this agreement will be without prejudice to the decision-making autonomy of the Union, and to the wish or capacity of the Republic of Chile to decide on a case-by-case basis whether it wishes to participate in an EU crisis management operation;

BEARING IN MIND that the conclusion of this framework agreement will have a future effect and will not affect the participation of the Republic of Chile in an EU crisis management operations that are already under way,

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

Article 1

Decisions relating to the participation

1. Following the decision of the Union to invite the Republic of Chile to participate in an EU crisis management operation, and once the Republic of Chile has decided to participate therein, the Republic of Chile shall provide information on its proposed contribution to the Union.

2. The assessment by the Union of the proposed contribution by the Republic of Chile shall be conducted in consultation with the latter.

3. The Union shall provide, at the time of the invitation to the Republic of Chile, an early indication of the likely financial contribution to the common costs of the operation and the status of mission/forces agreement, if available, as soon as possible with a view to assisting the Republic of Chile in the formulation of its offer.

4. The Union shall communicate the outcome of this assessment to the Republic of Chile in writing through diplomatic channels with a view to securing the participation of the Republic of Chile, in accordance with the provisions of this Agreement.

Article 2

Framework

1. The Republic of Chile shall associate itself with the Council Decision by which the Council of the European Union decides that the Union will conduct a 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 other required implementing provisions.

2. The contribution of the Republic of Chile to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the Union.

3. Paragraph 1 does not affect the right of the Republic of Chile 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 the Republic of Chile shall be governed by the agreement on the status of forces/mission, if available, concluded between the Union and the State(s) in which the operation is conducted.

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 Chile.

3. Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the Republic of Chile shall exercise jurisdiction over its personnel participating in the EU crisis management operation. Where the forces of the Republic of Chile operate on board a vessel or aircraft of an EU Member State, the latter State shall exercise jurisdiction subject to any existing and/or future bilateral or multilateral agreements, in accordance with its laws and regulations.

4. The Republic of Chile shall be responsible for answering any claims connected with the participation in an EU crisis management operation from or affecting any of its civilian or military personnel. The Republic of Chile shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws, regulations and procedures.

5. The Parties agree to waive, to the extent permitted by their internal legislation, any claims, other than contractual claims, for damage to, loss, or destruction of assets owned or operated by either Party, or injury or death to the 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. The Republic of Chile 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 Chile participates, and to do so when signing this Agreement.

7. The Union undertakes to ensure that EU Member States make a declaration as regards the waiver of claims, for any future participation of the Republic of Chile in an EU crisis management operation, and to do so when signing this Agreement.

Article 4

Classified information

1. The Republic of Chile shall take appropriate measures to ensure that EU classified information is protected in accordance with the security regulations of the Council of the European Union, contained in Council Decision 2011/292/EU (1) and future Council decisions on the security rules for protecting EU classified information and in accordance with further guidance issued by competent authorities, including by the EU Operation Commander concerning an EU military crisis management operation, or by the Head of Mission concerning an EU civilian crisis management operation.

2. The Union shall take appropriate measures to ensure that Chilean classified information is protected in accordance with security regulations referred to in paragraph 1.

3. Where the Parties conclude an agreement on security procedures for the exchange of classified information, such 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 Chile:

(a) shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with: (i) the Council Decision and subsequent amendments as referred to in Article 2(1); (ii) the Operation Plan; (iii) implementing measures.

(b) shall inform in due time the 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.

2. Personnel seconded to an EU civilian crisis management operation shall undergo a medical examination and vaccination, and be certified medically fit for duty by a competent authority from the Republic of Chile. Personnel seconded to an EU civilian crisis management operation shall produce a copy of that certification.

Article 6

Chain of command

1. Personnel seconded by the Republic of Chile 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 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 Chile shall have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).

7. The 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 ‘NCP’ shall be appointed by the Republic of Chile to represent its national contingent in the operation. The ‘NCP’ shall report to the 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 Union, following consultation with the Republic of Chile 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. Without prejudice to Article 8, the Republic of Chile 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.

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 the Republic of Chile shall be governed by the conditions foreseen in the applicable status of mission agreement referred to in Article 3(1) or any alternative applicable provisions.

Article 8

Contribution to operational budget

1. The Republic of Chile shall contribute to the financing of the budget of the EU civilian crisis management operation.

2. The financial contribution of the Republic of Chile 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 is in proportion to the ratio of the Republic of Chile’s gross national income (GNI) to the total GNIs of all States contributing to the operational budget of the operation 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 the Republic of Chile 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 Chile shall not make any contribution towards the financing of per diem allowances paid to personnel of the EU Member States.

4. Notwithstanding paragraph 1, the Union shall, in principle, exempt the Republic of Chile from financial contributions to a particular EU civilian crisis management operation when:

(a) the Union decides that the Republic of Chile provides a significant contribution which is essential for this operation; or

(b) the Republic of Chile has a GNI per capita which does not exceed that of any EU Member State.

5. An arrangement on the payment of the contributions of the Republic of Chile to the operational budget of the EU civilian crisis management operation shall be signed between the Head of Mission and the relevant administrative services of the Republic of Chile. That arrangement shall, inter alia, include the following provisions:

(a) the amount of the financial contribution 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 the EU military crisis management operation

1. The Republic of Chile 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 Chile 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 Chile 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/or Tactical control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.

3. The Republic of Chile 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 consultations with the Republic of Chile, at any time request the withdrawal of the Republic of Chile’s contribution.

5. A Senior Military Representative (‘SMR’) shall be appointed by the Republic of Chile 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 the Chilean contingent.

Article 11

Financial aspects

1. Without prejudice to Article 12 of this Agreement, the Republic of Chile 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) of this Agreement, as well as in Council Decision 2011/871/CFSP (2).

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 the Republic of Chile shall be governed by the conditions foreseen in the applicable status of forces agreement referred to in Article 3(1) or any applicable alternative provisions.

Article 12

Contribution to the common costs

1. The Republic of Chile shall contribute to the financing of the common costs of the EU military crisis management operation.

2. The financial contribution of the Republic of Chile 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 the Republic of Chile’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 the Republic of Chile participating in the operation to the total number of personnel of all States participating in the operation.

When the formula under point (b) is used and the Republic of Chile 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 Chile to that of the total personnel of the operation.

3. Notwithstanding paragraph 1, the Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis management operation when:

(a) the Union decides that the third State participating in the operation provides a significant contribution to assets and/or capabilities which are essential for the operation; or

(b) the third State participating in the operation has a GNI per capita which does not exceed that of any EU Member State.

4. An arrangement shall be concluded between the administrator provided for in Decision 2011/871/CFSP and the competent administrative authorities of the Republic of Chile. That arrangement shall include, inter alia, provisions on:

(a) the amount of the financial contribution concerned;

(b) the arrangements for payment of the financial contribution;

(c) the auditing procedure.

SECTION IV

FINAL PROVISIONS

Article 13

Arrangements to implement the Agreement

Without prejudice to 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 Union, and the competent authorities the Republic of Chile.

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 six months.

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 through diplomatic channels of the completion of the internal procedures necessary for that purpose.

2. The Parties may hold meetings from time to time to assess the implementation of this Agreement.

3. This Agreement may be amended on the basis of a mutual written agreement between the Parties. These amendments shall enter into force under the same conditions as those provided for in paragraph 1.

4. 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 through diplomatic channels.

This Agreement is executed in the English and Spanish languages, both texts being equally authentic. Done at Brussels on the thirtieth day of January in the year two thousand and fourteen. For the European Union For the Republic of Chile

(1) Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (OJ L 141, 27.5.2011, p. 17).

(2) Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (OJ L 343, 23.12.2011, p. 35).

Declaration by the EU Member States ‘The EU Member States applying an EU Council Decision concerning an EU crisis management operation in which the Republic of Chile participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Chile 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 Chile 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 Chile, 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 Chile using those assets.’.