EN Official Journal of the European Union L 268/32

COUNCIL DECISION 2008/783/CFSP

of 15 September 2008

concerning the conclusion of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1) On 15 October 2007, the Council adopted Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic (1) (Operation EUFOR Tchad/RCA).

(2) Article 10(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty.

(3) Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, negotiated an Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in Operation EUFOR Tchad/RCA (the Agreement).

(4) The Agreement should be approved on behalf of the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union military operation in the Republic of Chad and in the Central African Republic is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.

Article 3

This Decision shall take effect on the day of its adoption.

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 15 September 2008. For the Council The President B. KOUCHNER

(1) OJ L 279, 23.10.2007, p. 21.

EN Official Journal of the European Union L 268/33

AGREEMENT

between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)

THE EUROPEAN UNION (EU),

of the one part, and

THE REPUBLIC OF CROATIA,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

the adoption by the Council of the European Union of Council Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA),

the invitation to the Republic of Croatia to participate in the EU-led operation,

the successful completion of the Force Generation Process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the Republic of Croatia's forces in the EU-led operation,

Political and Security Committee Decision CHAD/1/2008 of 13 February 2008 on the acceptance of third States' contributions to the European Union military operation in the Republic of Chad and in the Central African Republic (1) and Political and Security Committee Decision CHAD/2/2008 of 18 March 2008 on the setting-up of the Committee of Contributors for the European Union military operation in the Republic of Chad and in the Central African Republic (2), both as amended by Political and Security Committee Decision CHAD/3/2008 of 14 May 2008 (3) and by Political and Security Committee Decision CHAD/4/2008 of 2 September 2008 (4),

the decision by the Republic of Croatia of 15 July 2008 to participate in Operation EUFOR Tchad/RCA,

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

1. The Republic of Croatia shall associate itself with Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) and with any Joint Action or Decision by which the Council of the European Union decides to extend Operation EUFOR Tchad/RCA, in accordance with the provisions of this Agreement and any required implementing arrangements.

2. The contribution of the Republic of Croatia to Operation EUFOR Tchad/RCA is without prejudice to the decision-making autonomy of the European Union.

3. The Republic of Croatia shall ensure that its forces and personnel participating in Operation EUFOR Tchad/RCA undertake their mission in conformity with:

— Joint Action 2007/677/CFSP and possible subsequent amendments,

— the Operation Plan,

— any implementing measures.

4. Forces and personnel seconded to the operation by the Republic of Croatia shall carry out their duties and conduct themselves solely with the interest of Operation EUFOR Tchad/RCA in mind.

5. The Republic of Croatia shall inform the EU Operation Commander in due time of any change to its participation in the operation.

Article 2

Status of forces

1. The status of the forces and personnel contributed to Operation EUFOR Tchad/RCA by the Republic of Croatia shall be governed by the provisions on the status of forces, agreed between the European Union and the states concerned.

2. The status of the forces and personnel contributed to headquarters or command elements located outside the Republic of Chad and the Central African Republic shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Croatia.

3. Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Republic of Croatia shall exercise jurisdiction over its forces and personnel participating in Operation EUFOR Tchad/RCA.

4. The Republic of Croatia shall be responsible for answering any claims linked to participation in Operation EUFOR Tchad/RCA, from or concerning any of its forces and personnel. The Republic of Croatia shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.

5. The Republic of Croatia undertakes to make a declaration as regards the waiver of claims against any State participating in Operation EUFOR Tchad/RCA, and to do so when signing this Agreement. The text of such a declaration is annexed to this Agreement.

Article 3

Classified information

1. The Republic of Croatia 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 2001/264/EC of 19 March 2001 adopting the Council's security regulations (5), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.

2. The provisions of the Agreement between the European Union and the Republic of Croatia on security procedures for the exchange of classified information, signed on 10 April 2006, shall apply in the context of Operation EUFOR Tchad/RCA.

Article 4

Chain of command

1. All forces and personnel participating in Operation EUFOR Tchad/RCA the EU 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. The EUFOR Tchad/RCA Operation Commander is entitled to delegate his authority.

3. The Republic of Croatia 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 EUFOR Tchad/RCA Operation Commander may, following consultations with the Republic of Croatia, at any time request the withdrawal of the Republic of Croatia's contribution.

5. A Senior Military Representative (SMR) shall be appointed by the Republic of Croatia to represent its national contingent in Operation EUFOR Tchad/RCA. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.

Article 5

Financial aspects

1. The Republic of Croatia shall assume all the costs associated with its participation in Operation EUFOR Tchad/RCA unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2007/384/CFSP of 14 May 2007 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (6).

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 Croatia shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, as referred to in Article 2(1) of this Agreement.

Article 6

Contribution to the common costs

The Republic of Croatia is exempted from contributions to the common costs of Operation EUFOR Tchad/RCA.

Article 7

Arrangements to implement this Agreement

Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the Republic of Croatia.

Article 8

Non-compliance

Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by giving one month's written notice through diplomatic channels.

Article 9

Dispute settlement

Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.

Article 10

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 this purpose.

2. This Agreement shall be provisionally applied from the date of signature.

3. This Agreement shall remain in force for the duration of the Republic of Croatia's contribution to Operation EUFOR Tchad/RCA.

Done at Brussels, on in two originals in the English language. For the European Union For the Republic of Croatia

(1) OJ L 56, 29.2.2008, p. 64.

(2) OJ L 107, 17.4.2008, p. 60.

(3) OJ L 144, 4.6.2008, p. 82.

(4) OJ L 247, 16.9.2008, p. 54.

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

(6) OJ L 152, 13.6.2007, p. 14.

DECLARATIONS

REFERRED TO IN ARTICLE 2(5) AND (6) OF THE AGREEMENT

Declaration by the EU Member States

‘The EU Member States applying Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against the Republic of Croatia for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by Operation EUFOR Tchad/RCA if such injury, death, damage or loss:

— was caused by personnel from the Republic of Croatia in the execution of their duties in connection with Operation EUFOR Tchad/RCA, except in case of gross negligence or wilful misconduct, or

— arose from the use of any assets owned by the Republic of Croatia, provided that the assets were used in connection with Operation EUFOR Tchad/RCA and except in case of gross negligence or wilful misconduct of Operation EUFOR Tchad/RCA personnel using those assets.’

Declaration by the Republic of Croatia

‘The Republic of Croatia associating itself with Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in Operation EUFOR Tchad/RCA for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by Operation EUFOR Tchad/RCA if such injury, death, damage or loss:

— was caused by personnel in the execution of their duties in connection with Operation EUFOR Tchad/RCA, except in case of gross negligence or wilful misconduct, or