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

20.9.2003

EN

Official Journal of the European Union

L 234/19

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

AGREEMENT

THE EUROPEAN UNION,

on the one hand, and

THE REPUBLIC OF LITHUANIA,

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 Lithuania 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 Lithuania 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

Lithuania to the EU-led operation,

— the Exchange of Letters between the Government of the Former Yugoslav Republic of Macedonia and the SG/HR 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 Republic of Lithuania shall associate itself with the
1.
provisions of
Joint Action 2003/92/CFSP on the European
Union-led forces in the Former Yugoslav Republic of Mace-
donia, adopted by the Council of the European Union on 27
January 2003, 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
established by Council 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 the
Joint Action referred to in paragraph 1 and third States
participating in Operation Concordia by providing forces,
personnel or assets;

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

to Article 13 of

Article 2

Participation in the Operation

The Republic of Lithuania shall participate in Operation
the Force
rotation of seconded

1.
Concordia with a contingent as determined at
Generation Conference.
personnel shall be ensured.

If necessary,

2.
The Republic of Lithuania 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.

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Official Journal of the European Union

20.9.2003

The Republic of Lithuania shall inform the EU operation
3.
commander, the EU force commander and the EU military staff
of any change to its participation in Operation Concordia.

Article 6

Financial aspects

Article 3

Status

1.
The forces and personnel participating in 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 forces in the
Former Yugoslav Republic of Macedonia and its implementing
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 Lithuania.

Article 4

Chain of command

1.
The participation of the Republic of Lithuania in Opera-
tion Concordia is without prejudice to the decision-making
autonomy of the European Union.

All

2.
command of their national authorities.

forces and personnel shall remain under the full

National authorities

3.
(OPCON)
commander is entitled to delegate his authority.

transfer operational control
to the EU operation commander. The operation

shall

4.
The Republic of Lithuania 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.

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

6.
A senior military representative (SMR) shall be appointed
by the Republic of Lithuania to represent its national contin-
gent
the EU force
commander on all matters affecting Operation Concordia and
shall be responsible for day-to-day contingent discipline.

in the EUF. The SMR shall consult

Article 5

Classified information

The Republic of Lithuania 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.

1. Without prejudice to Article 7, the Republic of Lithuania
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 Lithuania
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

The Republic of Lithuania shall contribute

1.
to the
common costs of the operation an amount of EUR 19 220 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 the competent administrative autho-
rities of
the Republic of Lithuania. 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 the Republic of Lithuania to the
common costs of Operation Concordia shall be deposited by
the Republic of Lithuania 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 234/21

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 Lithuania to the operation.

Done at Brussels, on

, in the English language in four copies.

For the European Union

For the Republic of Lithuania