Agreement between the European Union and the Czech Republic on the participation of the Czech Republic in the European Union-led Forces in the Former Yugoslav Republic of Macedonia
Date: 2003-06-23
Institutions: Czechia, European Union
Subjects: Czechia, EU military mission, North Macedonia, agreement (EU), forces abroad, military cooperation

13.9.2003

EN

Official Journal of the European Union

L 229/39

between the European Union and the Czech Republic on the participation of the Czech Republic
in the European Union-led Forces in the Former Yugoslav Republic of Macedonia

AGREEMENT

THE EUROPEAN UNION,

on the one hand, and

THE CZECH REPUBLIC,

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 (1),

— the invitation to the Czech Republic 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 Czech Republic forces in the EU-led operation,

— the Decision by the Political and Security Committee of 11 March 2003 to accept the contribution of the Czech

Republic 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

The Czech Republic shall associate itself with the provi-
1.
sions of the Joint Action 2003/92/CFSP in accordance with the
provisions stipulated in the following Articles.

For the purpose of this Agreement, the following defini-

2.
tions shall have the meanings hereunder assigned to them:

(a) ‘Operation Concordia’ means the European Union Military
Operation in the Former Yugoslav Republic of Macedonia
foreseen in the Joint Action 2003/92/CFSP;

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

(c) ‘EUF personnel’ means the civilian and military personnel

assigned to EUF;

(d) ‘Mechanism’ means the Operational Financing Mechanism
established by the Council Decision of 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;

(1) OJ L 34, 11.2.2003, p. 26.

(e) ‘Participating States’ means Member States applying the
Joint Action 2003/92/CFSP and Third States participating
in the Operation Concordia by providing forces, personnel
or assets;

(f) ‘Claims Joint Commission’ means the Joint Claims Commis-
the Agreement
sion set up pursuant
between the European Union and the Former Yugoslav
Republic of Macedonia on the status of
the European
Union-led forces (EUF) in the Former Yugoslav Republic of
Macedonia.

to Article 13 of

Article 2

Participation in the Operation

1.
The Czech Republic shall participate in the Operation
Concordia with a contingent as determined in conformity with
the Czech legal order and accepted on the occasion of the
Force Generation Conference.

The Czech Republic shall ensure that

2.
its forces and
personnel undertake their mission in conformity with the
provisions of the Joint Action 2003/92/CFSP, the Operation
Plan and implementing measures.

The Czech Republic shall

3.
inform the EU Operation
Commander, the EUF Commander and the EU Military Staff of
any change to its participation in the Operation Concordia.

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Official Journal of the European Union

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Article 3

Status

personnel, this personnel respects the European Union Coun-
cil's security regulations, which are contained in the Council
Decision 2001/264/EC (1), and further guidance that may be
issued by the Operation Commander.

1.
The forces and personnel participating in the Operation
Concordia shall be governed by the Agreement between the
European Union and the Former Yugoslav Republic of Mace-
donia on the status of the European Union-led (EUF) forces in
the Former Yugoslav Republic of Macedonia, and its imple-
menting 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 the Czech Republic.

Article 4

Chain of command

The participation of the Czech Republic in the Operation
to the decision-making

1.
Concordia
is without prejudice
autonomy of the European Union.

All

2.
command of their national authorities.

forces and personnel shall remain under the full

National authorities shall

3.
transfer Operational Control
(OPCON) to the EU Operation Commander. The Operation
Commander is entitled to delegate his authority.

4.
The Czech Republic shall have the same rights and obli-
gations in terms of day-to-day management of the Operation
Concordia as participating Member States in accordance with
Article 8(4) of the Joint Action 2003/92/CFSP and the Political
and Security Committee Decision FYROM/01/03 on the estab-
lishment of the Committee of Contributors.

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

and

the

A Senior Military Representative (SMR) shall be appointed
6.
by the Czech Republic to represent its national contingent in
EUF. The SMR shall consult the EUF Commander on all matters
affecting the Operation Concordia and shall be responsible for
day-to-day contingent discipline.

Article 6

Financial aspects

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

2.
In case the Joint Claims Commission decides to grant
damages to natural or legal persons from FYROM, the Czech
Republic 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.
The Czech Republic shall contribute to the common costs
of the Operation Concordia an amount of EUR 52 001 per six
months.

2.
An arrangement shall be concluded between the adminis-
trator 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 competent administrative authorities
of the Czech Republic. This arrangement shall include provi-
sions 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 the Czech Republic to the common
costs of the Operation Concordia shall be deposited by the
Czech Republic in the bank account which shall be indicated to
that State by the administrator of the mechanism.

Article 8

Non-compliance

Article 5

Classified information

Should one of the Participating 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 serving a
one-month notice.

The Czech Republic shall take appropriate measures to ensure
that, when EU classified information is handled by its

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

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Article 9

Entry into force

This Agreement shall enter into force upon signature. It shall remain in force for the duration of the contri-
bution of the Czech Republic to the Operation Concordia.

Done at Brussels, on

, in the English language in four copies.

For the European Union

For the Czech Republic