EN Official Journal of the European Union L 14/2

AGREEMENT

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

THE EUROPEAN UNION (the 'Union') or (the 'EU')

of the one part,

and

GEORGIA

of the other part,

hereinafter referred to as the 'Parties',

WHEREAS:

(1) The Union may decide to take action in the field of crisis management, including peace-keeping operations or humanitarian operations.

(2) The Union will decide whether third States will be invited to participate in an EU crisis management operation. Georgia may accept the invitation by the Union and offer its contribution. In such case, the Union will decide on the acceptance of that proposed contribution.

(3) Conditions regarding the participation of Georgia in EU crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than being defined 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 Union, and should not prejudge the case-by-case nature of the decision for Georgia to participate in an EU crisis management operation, in accordance with its legal system.

(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 Georgia in an EU crisis management operation that has already been deployed.

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

Article 1

Decisions relating to participation

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

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

3. The Union shall provide Georgia with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting Georgia in the formulation of its offer.

4. The Union shall communicate the outcome of that assessment to Georgia in writing with a view to securing its participation in accordance with the provisions of this Agreement.

Article 2

Framework

1. Based on the decision made in accordance with Article 1(1), Georgia shall associate itself with the Council Decision by which the Council of the European Union decides that the Union 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 Georgia to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the Union.

3. The decision to end the operation shall be taken by the Union, following consultation with Georgia if it is still contributing to the EU crisis management operation at the date of termination of the operation.

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 Georgia shall be governed by the agreement on the status of forces/mission, if 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 competent authorities of Georgia.

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

4. Without prejudice to paragraphs 1 and 5, and subject to applicable privileges and immunities, Georgia shall be responsible for answering any claims linked to its participation in an EU crisis management operation, from or concerning any Georgian personnel, and shall be responsible for bringing any action, in particular legal or disciplinary action, against any of its personnel in accordance with Georgian law.

5. The Parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss of, or destruction of assets owned or 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. Georgia undertakes to make a declaration, based on reciprocity, as regards the waiver of claims against any State participating in an EU crisis management operation in which Georgia 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 Georgia in an EU crisis management operation, and to do so when signing this Agreement.

Article 4

Classified information

1. Georgia 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 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. Once 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. Georgia:

(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, including the termination or suspension of its participation.

2. Personnel seconded to an EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from Georgia. 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 Georgia shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.

2. All Georgian personnel contributing to an EU civilian crisis management operation shall remain under the overall authority or, in the case of military personnel, the full command, of Georgia.

3. National authorities shall transfer operational control to the EU Civilian Operation Commander.

4. The EU Civilian Operation Commander shall assume responsibility and exercise command and control of the EU civilian crisis management operation at strategic level.

5. The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level and assume its day-to-day management.

6. Georgia 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 ('NPC') shall be appointed by Georgia to represent its national contingent in the operation. The NPC shall report to the Head of Mission on national matters and shall be responsible for the day-to-day discipline of the contingent.

Article 7

Financial aspects

1. Without prejudice to Article 8, Georgia 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, Georgia shall, when its liability has been established, pay compensation under the conditions provided for in the applicable status of mission agreement referred to in Article 3(1).

Article 8

Contribution to operational budget

1. Georgia shall contribute to the financing of the operational budget of the EU civilian crisis management operation.

2. Such contribution 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 Georgia'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 Georgia participating in the operation to the total number of personnel of all States participating in the operation.

3. Notwithstanding paragraphs 1 and 2, Georgia 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 Georgia from financial contributions to a particular EU civilian crisis management operation when:

(a) the Union decides that Georgia provides a significant contribution which is essential for that operation; or

(b) Georgia 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 Georgia to the operational budget of the EU civilian crisis management operation shall be signed between the Head of Mission and the relevant administrative authorities of Georgia. 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; and

(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. Georgia 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 Georgia shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.

3. Georgia shall inform the EU Operation Commander in due time of any change to its participation in the operation, including the termination or suspension of the participation.

Article 10

Chain of command

1. All Georgian forces and personnel participating in the EU military crisis management operation shall remain under the full command or, in the case of civilian personnel, the overall authority, of Georgia.

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. Georgia shall have the same rights and obligations in terms of the day-to-day management of the operation as participating EU Member States.

4. The EU Operation Commander may, following consultations with Georgia, at any time request the withdrawal of the contribution by Georgia.

5. A Senior Military Representative ('SMR') shall be appointed by Georgia 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 Georgian contingent.

Article 11

Financial aspects

1. Without prejudice to Article 12, Georgia 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 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, Georgia shall, when its liability has been established, pay compensation under the conditions provided for in the applicable status of forces agreement referred to in Article 3(1).

Article 12

Contribution to the common costs

1. Georgia shall contribute to the financing of the common costs of the EU military crisis management operation.

2. Such contribution 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 Georgia'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 Georgia participating in the operation to the total number of personnel of all States participating in the operation.

Where the formula under point (b) is used and Georgia 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 Georgia to that of the total personnel of the operation.

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

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

(b) Georgia 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 Georgia. This arrangement shall include, inter alia, provisions on:

(a) the amount of the financial contribution 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 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 appropriate authorities of the Parties.

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 written 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, duration and termination

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 legal procedures necessary for its entry into force.

2. This Agreement shall be subject to regular review.

3. This Agreement may be amended on the basis of a mutual written agreement between the Parties. The amendments shall enter into force in accordance with the procedure laid down 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 its receipt by the other Party.

IN WITNESS WHEREOF, the undersigned, respectively duly authorised, have signed this Agreement. This Agreement is executed in the English and Georgian languages, both texts being equally authentic. In the event of a dispute concerning the interpretation of this Agreement, the English text shall prevail. Done at Vilnius, on the twenty-ninth day of November in the year two thousand and thirteen in the English and Georgian languages, in two copies. For the European Union For Georgia

(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 Georgia participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible any claims against Georgia for injury, death of their personnel, or damage to, or loss of, any assets owned by them and used by the EU crisis management operation if such injury, death, damage or loss: — was caused by personnel from Georgia 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 Georgia, 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 Georgia using those assets.".