Agreement

between the European Union and Romania on the participation of Romania in the European Union-led forces (EUF) in the Former Yugoslav Republic of Macedonia

THE EUROPEAN UNION,

on the one hand, and

ROMANIA,

on the other hand,

hereinafter referred to as the "Parties",

TAKING INTO ACCOUNT:

- the adoption by the Council of the European Union of Joint Action 2003/92/CFSP of 27 January 2003 on the European Union Military Operation in the Former Yugoslav Republic of Macedonia,

- the invitation to Romania to participate in the EU-led operation,

- the successful completion of the Force Generation process and the recommendation by the Operation Commander and the EU Military Committee to agree on the participation of the Romania forces in the EU-led operation,

- the decision by the Political and Security Committee of 11 March 2003 to accept the contribution of Romania to the EU-led operation,

- the Exchange of Letters between the Government of the Former Yugoslav Republic of Macedonia and the Secretary General/High Representative on the conduct of the operation,

- the Agreement concluded on 21 March 2003 between the EU and the Government of the Former Yugoslav Republic of Macedonia on the status of the EUF and its personnel,

HAVE AGREED AS FOLLOWS:

Article 1

Framework and definitions

1. Romania shall associate itself with the provisions of Joint Action 2003/92/CFSP on the European Union-led Forces in the Former Yugoslav Republic of Macedonia, adopted by the Council of the European Union on 27 January 2003, in accordance with the provisions stipulated in the following Articles.

2. For the purpose of this Agreement, the following definitions shall have the meanings hereunder assigned to them:

(a) "Operation Concordia" means the European Union Military Operation in the Former Yugoslav Republic of Macedonia established by Joint Action 2003/92/CFSP;

(b) "European Union-led Forces" (EUF) means EU military headquarters, constituent national units/elements contributing to Operation Concordia, their assets and their means of transport;

(c) "EUF personnel" means the civilian and military personnel assigned to the EUF;

(d) "mechanism" means the operational financing mechanism established by Council Decision dated 27 January 2003 to provide for the financing of the common costs of the European Union Military Operation in the Former Yugoslav Republic of Macedonia;

(e) "participating States" means Member States applying the Joint Action referred to in paragraph 1 above and third countries participating in Operation Concordia by providing forces, personnel or assets;

(f) "Joint Claims Commission" means the Joint Claims Commission set up pursuant to Article 13 of the Agreement between the European Union and the Former Yugoslav Republic of Macedonia on the status of the European Union-led forces in the Former Yugoslav Republic of Macedonia.

Article 2

Participation in the operation

1. Romania shall participate in Operation Concordia with a contingent as determined at the Force Generation Conference. If necessary, rotation of seconded personnel shall be ensured.

2. Romania shall ensure that its forces and personnel undertake their mission in conformity with the provisions of Joint Action 2003/92/CFSP, the operation plan and implementing measures.

3. Romania shall inform the EU Operation Commander, the EU Force Commander and the EU military staff of any change to its participation in Operation Concordia.

Article 3

Status

1. The forces and personnel participating in Operation Concordia shall be governed by the Agreement between the European Union and FYROM on the status of the European Union-led forces in FYROM and its implementing arrangements.

2. The status of personnel contributed to headquarters or command elements located outside FYROM shall be governed by arrangements between the headquarters and command elements concerned and Romania.

Article 4

Chain of command

1. The participation of Romania in Operation Concordia is without prejudice to the decision-making autonomy of the European Union.

2. All forces and personnel shall remain under the full command of their national authorities.

3. National authorities shall transfer operational control (OPCON) to the EU Operation Commander. The Operation Commander is entitled to delegate his authority.

4. Romania shall have the same rights and obligations in terms of day-to-day management of Operation Concordia as participating Member States in accordance with Article 8(4) of Joint Action 2003/92/CFSP and the Political and Security Committee Decision FYROM/1/2003 on the establishment of the Committee of Contributors.

5. Romania shall exercise jurisdiction over its personnel. The Operation Commander and the Force Commander may at any time request the withdrawal of Romania personnel.

6. A senior military representative (SMR) shall be appointed by Romania to represent its national contingent in the EUF. The SMR shall consult the EU Force Commander on all matters affecting Operation Concordia and shall be responsible for day-to-day contingent discipline.

Article 5

Classified information

Romania shall take appropriate measures to ensure that, when EU classified information is handled by its personnel, this personnel respects the European Union Council's security regulations, which are contained in Council Decision 2001/264/EC(1), and further guidance that may be issued by the Operation Commander.

Article 6

Financial aspects

1. Without prejudice to Article 7, Romania shall assume all the costs associated with its participation in Operation Concordia unless the costs are subject to common funding as set out in the operational budget of the operation.

2. In cases where the Joint Claims Commission decides to grant damages to natural or legal persons from FYROM, Romania shall pay for these damages if death, injury, damage or loss are caused by its personnel or its assets, unless the mechanism, in accordance with Article 9(3) of the Council Decision of 27 January 2003 establishing the mechanism, decides to pay for those damages.

Article 7

Contributions to the common costs

1. Romania shall contribute to the common costs of the Operation an amount of EUR 36603,50 per six months.

2. An arrangement shall be concluded between the administrator of the mechanism, established by the Council Decision of 27 January 2003 to provide for the financing of the common costs of the operation, and the competent administrative authorities of Romania. This arrangement shall include provisions on:

(a) the arrangements for payment and management of the financial contribution;

(b) the verification arrangements covering control and audit of the financial contribution, where appropriate.

3. The contributions of Romania to the common costs of Operation Concordia shall be deposited by Romania in the bank account which shall be indicated to that State by the administrator of the mechanism.

Article 8

Non-compliance

Should one of the participating Parties fail to comply with its essential obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a one-month notice.

Article 9

Entry into force

This Agreement shall enter into force upon signature.

It shall remain in force for the duration of the contribution of Romania to the operation.

Done at Brussels,

>PIC FILE= "L_2004120EN.006401.TIF">, in the English language in four copies.

For the European Union

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For Romania

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(1) OJ L 101, 11.4.2001, p. 1.