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
Date: 2003-11-07
Institutions: European Union, Romania
Subjects: EU military mission, North Macedonia, Romania, agreement (EU), forces abroad, military cooperation

L 120/62

EN

Official Journal of the European Union

24.4.2004

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

AGREEMENT

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 Euro-

pean 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

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

in Operation Concordia

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 accord-
ance with the provisions stipulated in the following Articles.

(f) ‘Joint Claims 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 in the Former Yugoslav Republic of Mace-
donia.

to Article 13 of

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 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;

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.

(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 Euro-
pean Union Military Operation in the Former Yugoslav
Republic of Macedonia;

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

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

lations, which are contained in Council Decision 2001/264/
EC (1), and further guidance that may be issued by the Opera-
tion Commander.

Article 3

Status

Article 6

Financial aspects

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 arrange-
ments.

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

The participation of Romania in Operation Concordia is
1.
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.
transfer operational control
(OPCON) to the EU Operation Commander. The Operation
Commander is entitled to delegate his authority.

shall

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.

A senior military representative (SMR) shall be appointed
6.
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.

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.

In cases where the Joint Claims Commission decides to
2.
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

Romania shall contribute to the common costs of the

1.
Operation an amount of EUR 36 603,50 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 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

Article 5

Classified information

Romania shall take appropriate measures to ensure that, when
this
EU classified information is handled by its personnel,
personnel respects the European Union Council's security regu-

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.

(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 contribution of Romania to the operation.

Done at Brussels,

, in the English language in four copies.

For the European Union

For Romania