Agreement between the European Union and the Republic of Turkey on the participation of the Republic of Turkey in the European Union-led forces in the Former Yugoslav Republic of Macedonia
Date: 2003-09-04
Institutions: European Union, Türkiye
Subjects: EU military mission, North Macedonia, Türkiye, agreement (EU), forces abroad, military cooperation

20.9.2003

EN

Official Journal of the European Union

L 234/23

between the European Union and the Republic of Turkey on the participation of the Republic of
Turkey in the European Union-led forces in the Former Yugoslav Republic of Macedonia

AGREEMENT

THE EUROPEAN UNION,

on the one hand, and

THE REPUBLIC OF TURKEY,

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 Republic of Turkey 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 Republic of Turkey forces in the EU-led opera-
tion,

— the decision by the Political and Security Committee of 11 March 2003 to accept the contribution of the Republic of

Turkey 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.
The Republic of Turkey shall associate itself with the
provisions of 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
provided for in Joint Action 2003/92/CFSP;

(b) ‘European Union-led forces’ (EUF) means EU military head-
quarters, 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 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 Joint
Action 2003/92/CFSP and third States participating in
Operation Concordia by providing forces, personnel or
assets;

(f) ‘Claims Joint Commission’ means the Joint Claims Commis-
sion set up pursuant
the Agreement
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 Republic of Turkey shall participate in Operation
Concordia with a contingent as determined on the occasion of
the Force Generation Conference.
If necessary, rotation of
seconded personnel shall be ensured.

2.
The Republic of Turkey 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.
The Republic of Turkey shall inform the EU operation
commander, the EUF commander and the EU military staff of
any change to its participation in Operation Concordia.

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Official Journal of the European Union

20.9.2003

Article 3

Status

Article 6

Financial aspects

The forces and personnel participating in Operation
1.
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 forces (EUF) in
the Former Yugoslav Republic of Macedonia and its imple-
menting arrangements.

The status of personnel contributed to headquarters or
2.
command elements
located outside the Former Yugoslav
Republic of Macedonia shall be governed by arrangements
between the headquarters and command elements concerned
and the Republic of Turkey.

Article 4

Chain of command

The participation of the Republic of Turkey in 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

1. Without prejudice to Article 7, the Republic of Turkey
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 the Former
Yugoslav Republic of Macedonia, the Republic of Turkey 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

3.
National authorities shall transfer operational control to
the EU operation commander. The operation commander is
entitled to delegate his authority.

1.
The Republic of Turkey shall contribute to the common
costs of Operation Concordia an amount of EUR 136 087,80
per six months.

4.
The Republic of Turkey 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 Political and
Security Committee Decision FYROM/1/2003 on the establish-
ment of the Committee of Contributors.

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
include
provisions on:

the Republic of Turkey. This arrangement shall

The Republic of Turkey shall exercise jurisdiction over its
5.
personnel.
force
commander may at any time request the withdrawal of the
Republic of Turkey personnel.

commander

operation

The

and

the

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

Article 5

Classified information

The Republic of Turkey shall take appropriate measures to
ensure that when EU classified information is handled by its
personnel, this personnel respects the European Union Coun-
cil's security regulations, which are contained in Council Deci-
sion 2001/264/EC (1), and further guidance that may be issued
by the operation commander.

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

(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.

The contributions of

3.
the Republic of Turkey to the
common costs of Operation Concordia shall be deposited by
the Republic of Turkey 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
obligations laid down in the previous Articles, the other Party
shall have the right to terminate this Agreement by serving a
one-month notice.

20.9.2003

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Official Journal of the European Union

L 234/25

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 the Republic of Turkey to Operation
Concordia.

Done at Brussels, on

, in the English language in four copies.

For the European Union

For the Republic of Turkey