Agreement between the European Union and Romania establishing a framework for the participation of Romania in the European Union crisis-management operations - Declarations
Date: 2004-11-22
Institutions: European Union, Romania
Subjects: Romania, agreement (EU), common foreign and security policy, crisis management

L 67/14

EN

Official Journal of the European Union

14.3.2005

between the European Union and Romania establishing a framework for the participation of Romania
in the European Union crisis-management operations

AGREEMENT

THE EUROPEAN UNION,

of the one part, and

ROMANIA,

of the other part,

hereinafter referred to as ‘the Parties’,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

The European Union (EU) may decide to take action in the field of crisis management.

The European Union will decide whether third States will be invited to participate in an EU crisis-
management operation. Romania may accept the invitation by the European Union and offer its con-
tribution. In such case, the European Union will decide on the acceptance of the proposed contribution
of Romania.

If the European Union decides to undertake a military crisis-management operation with recourse to
NATO assets and capabilities, Romania may express its intention in principle of taking part in the
operation.

The European Council at Brussels on 24 and 25 October 2002 has agreed modalities for implementa-
tion of the provisions agreed by the Nice European Council on 7 to 9 December 2000 on the involve-
ment of the non-EU European NATO members in EU-led crisis management.

Conditions regarding the participation of Romania in EU crisis-management operations should be laid
down in an Agreement establishing a framework for such possible future participation, rather than
defining these conditions on a case-by-case basis for each operation concerned.

Such an Agreement should be without prejudice to the decision-making autonomy of the European
Union, and should not prejudge the case-by-case nature of the decisions of Romania to participate in
an EU crisis-management operation.

Such an Agreement should only address future EU crisis-management operations and should be with-
out prejudice to possible existing agreements regulating the participation of Romania in an already
deployed EU crisis-management operation,

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

and once Romania has decided to participate, Romania shall pro-
vide information on its proposed contribution to the European
Union.

Article 1

Decisions relating to the participation

2. Where the European Union has decided to undertake a mili-
tary crisis-management operation with recourse to NATO assets
and capabilities, Romania will inform the European Union of any
intention to participate in the operation, and subsequently pro-
vide information on any proposed contribution.

Following the decision of the European Union to invite
1.
Romania to participate in an EU crisis-management operation,

The assessment by the European Union of Romania’s con-

3.
tribution shall be conducted in consultation with Romania.

14.3.2005

EN

Official Journal of the European Union

L 67/15

The European Union will provide Romania with an early
4.
indication of likely contribution to the common costs of the
operation as soon as possible with a view to assisting Romania in
the formulation of its offer.

Romania undertakes to make a declaration as regards the
5.
waiver of claims against any State participating in an EU crisis-
management operation in which Romania participates, and to do
so when signing this Agreement. A model for such a declaration
is annexed to this Agreement.

5.
The European Union shall communicate the outcome of the
assessment to Romania by letter with a view to securing the par-
ticipation of Romania in accordance with the provisions of this
Agreement.

6.
European Union Member States undertake to make a dec-
laration as regards the waiver of claims, for any future participa-
tion of Romania in an EU crisis-management operation, and to do
so upon signature of this Agreement. A model for such a decla-
ration is annexed to this Agreement.

Article 2

Framework

Romania shall associate itself with the Joint Action by which
1.
the Council of the European Union decides that the EU will con-
duct the crisis-management operation, and with any Joint Action
or decision by which the Council of the European Union decides
to extend the EU crisis-management operation, in accordance
with the provisions of this Agreement and any required imple-
menting arrangements.

The contribution of Romania to an EU crisis-management
2.
operation is without prejudice to the decision-making autonomy
of the European Union.

Article 3

Status of personnel and forces

1.
The status of personnel seconded to an EU civilian crisis-
management operation and/or of the forces contributed to an EU
military crisis-management operation by Romania shall be gov-
erned by the agreement on the status of forces/mission, if avail-
able, concluded between the European Union and the State(s) in
which the operation is conducted.

2.
The status of personnel contributed to headquarters or com-
mand elements located outside the State(s) in which the EU crisis-
management operation takes place shall be governed by arrange-
ments between the headquarters and command elements
concerned and Romania.

Article 4

Classified information

1.
Romania shall take appropriate measures to ensure that EU
classified information is protected in accordance with the Euro-
pean Union Council’s security regulations, contained in Council
Decision 2001/264/EC of 19 March 2001 (1), and in accordance
with further guidance issued by competent authorities, including
the EU Operation Commander concerning an EU military crisis-
management operation or by the EU Head of Mission concerning
an EU civilian crisis-management operation.

2. Where the EU and Romania have concluded an agreement
on security procedures for the exchange of classified information,
the provisions of such an agreement shall apply in the context of
an EU crisis-management operation.

SECTION II

PROVISIONS ON PARTICIPATION IN CIVILIAN
CRISIS-MANAGEMENT OPERATIONS

Article 5

Personnel seconded to an EU civilian crisis-management
operation

1.
Romania shall ensure that its personnel seconded to the EU
civilian crisis-management operation undertake their mission in
conformity with:

3. Without prejudice to the agreement on the status of
forces/mission referred to in paragraph 1, Romania shall exercise
jurisdiction over its personnel participating in the EU crisis-
management operation.

— the Joint Action and subsequent amendments as referred to

in Article 2(1) of this Agreement,

Romania shall be responsible for answering any claims
4.
linked to participation in an EU crisis-management operation,
from or concerning any of its personnel. Romania shall be respon-
sible for bringing any action, in particular legal or disciplinary,
against any of its personnel in accordance with its laws and
regulations.

— the operation plan,

— implementing measures.

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

L 67/16

EN

Official Journal of the European Union

14.3.2005

Romania shall inform in due time the EU civilian crisis-
2.
management operation Head of Mission and the General Secre-
tariat of the Council of the European Union of any change to its
contribution to the EU civilian crisis-management operation.

Article 7

Financial aspects

3.
Personnel seconded to the EU civilian crisis-management
operation shall undergo a medical examination, vaccination and
be certified medically fit for duty by a competent authority from
seconded to the EU civilian crisis-
Romania. Personnel
management operation shall produce a copy of this certification.

Article 6

Chain of command

1.
Personnel seconded by Romania shall carry out their duties
and conduct themselves solely with the interests of the EU civil-
ian crisis-management operation in mind.

All personnel shall remain under the full command of their

2.
national authorities.

3.
National authorities shall transfer operational control to the
EU civilian crisis-management operation Head of Mission, who
shall exercise that command through a hierarchical structure of
command and control.

Romania shall assume all the costs associated with its par-
1.
ticipation in the operation apart from the costs which are subject
to common funding, as set out in the operational budget of the
operation. This shall be without prejudice to Article 8.

2.
In case of death, injury, loss or damage to natural or legal
persons from the State(s) in which the operation is conducted,
Romania shall, when its liability has been established, pay com-
pensation under the conditions foreseen in the agreement on the
status of mission, if available, as referred to in Article 3(1) of this
Agreement.

Article 8

Contribution to operational budget

Romania shall contribute to the financing of the operational

1.
budget of the EU civilian crisis-management operation.

The financial contribution of Romania to the operational
the following two

2.
budget shall be the lower amount of
alternatives:

(a)

that share of the reference amount which is in proportion to
the ratio of its GNI to the total of the GNIs of all States con-
tributing to the operational budget of the operation;

The Head of Mission shall

4.
lead the EU civilian crisis-
management operation and assume its day-to-day management.

or

5.
Romania shall have the same rights and obligations in terms
of day-to-day management of the operation as European Union
Member States taking part in the operation, in accordance with
the legal instruments referred to in Article 2(1) of this Agreement.

6.
The EU civilian crisis-management operation Head of Mis-
sion shall be responsible for disciplinary control over EU civilian
crisis-management operation personnel. Where required, disci-
plinary action shall be taken by the national authority concerned.

7.
A national contingent point of contact (NPC) shall be
appointed by Romania to represent its national contingent in the
operation. The NPC shall report
to the EU civilian crisis-
management operation Head of Mission on national matters and
shall be responsible for day-to-day contingent discipline.

8.
The decision to end the operation shall be taken by the
European Union, following consultation with Romania, provided
that Romania is still contributing to the EU civilian crisis-
the
management operation at
operation.

termination of

the date of

(b)

that share of the reference amount for the operational bud-
get which is in proportion to the ratio of the number of its
personnel participating in the operation to the total number
of personnel of all States participating in the operation.

Notwithstanding paragraphs 1 and 2, Romania shall not
3.
make any contribution towards the financing of per diem allow-
ances paid to personnel of the European Union Member States.

Notwithstanding paragraph 1, the European Union shall, in
4.
principle, exempt third States from financial contributions to a
particular EU civilian crisis-management operation when:

(a)

the European Union decides that the third State participating
in the operation provides a significant contribution which is
essential for this operation;

or

(b)

the third State participating in the operation has a GNI per
capita which does not exceed that of any Member State of the
European Union.

14.3.2005

EN

Official Journal of the European Union

L 67/17

An arrangement on the practical modalities of the payment
5.
shall be signed between the EU civilian crisis-management opera-
tion Head of Mission and the relevant administrative services of
Romania on the contributions of Romania to the operational
budget of the EU civilian crisis-management operation. This
arrangement shall, inter alia, include the following provisions:

(a)

the amount concerned;

(b)

the arrangements for payment of the financial contribution;

(c)

the auditing procedure.

Romania shall have the same rights and obligations in terms
3.
of the day-to-day management of the operation as participating
European Union Member States.

The EU Operation Commander may, following consulta-
4.
tions with Romania, at any time request the withdrawal of Roma-
nia’s contribution.

A senior military representative (SMR) shall be appointed by
5.
Romania to represent its national contingent in the EU military
crisis-management operation. 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.

SECTION III

PROVISIONS ON PARTICIPATION IN MILITARY
CRISIS-MANAGEMENT OPERATIONS

Article 11

Financial aspects

Article 9

Participation in the EU military crisis-management
operation

1.
Romania shall ensure that its forces and personnel partici-
pating in the EU military crisis-management operation undertake
their mission in conformity with:

— the Joint Action and subsequent amendments as referred to

in Article 2(1) of this Agreement,

— the operation plan,

— implementing measures.

1. Without prejudice to Article 12, Romania shall assume all
the costs associated with its participation in the operation unless
the costs are subject to common funding as provided for in the
legal instruments referred to in Article 2(1) of this Agreement, as
well as in Council Decision 2004/197/CFSP of 23 February 2004
establishing a mechanism to administer the financing of the com-
mon costs of EU operations having military or defence
implications (1).

2.
In case of death, injury, loss or damage to natural or legal
persons from the State(s) in which the operation is conducted,
Romania shall, when its liability has been established, pay com-
pensation under the conditions foreseen in the agreement on the
status of forces, if available, as referred to in Article 3(1) of this
Agreement.

Article 12

Contribution to the common costs

2.
Personnel seconded by Romania shall carry out their duties
and conduct themselves solely with the interest of the EU mili-
tary crisis-management operation in mind.

Romania shall contribute to the financing of the common

1.
costs of the EU military crisis-management operation.

Romania shall inform the EU Operation Commander in due

3.
time of any change to its participation in the operation.

The financial contribution of Romania to the common costs

2.
shall be the lower amount of the following two alternatives:

Article 10

Chain of command

(a)

that share of the reference amount for the common costs
which is in proportion to the ratio of its GNI to the total of
the GNIs of all States contributing to the common costs of
the operation;

1.
All forces and personnel participating in the EU military
crisis-management operation shall remain under the full com-
mand of their national authorities.

2.
National authorities shall transfer the operational and tacti-
cal command and/or control of their forces and personnel to the
EU Operation Commander. The EU Operation Commander is
entitled to delegate his/her authority.

or

(b)

that share of the reference amount for the common costs
which is in proportion to the ratio of the number of its per-
sonnel participating in the operation to the total number of
personnel of all States participating in the operation.

(1) OJ L 63, 28.2.2004, p. 68.

L 67/18

EN

Official Journal of the European Union

14.3.2005

In calculating 2(b), where Romania contributes personnel only to
the operation or force headquarters, the ratio used shall be that of
its personnel to that of the total number of the respective head-
quarters personnel. Otherwise, the ratio shall be that of all per-
sonnel contributed by Romania to that of the total personnel of
the operation.

3.
Notwithstanding paragraph 1, the European Union shall, in
principle, exempt third States from financial contributions to the
common costs of a particular EU military crisis-management
operation when:

SECTION IV

FINAL PROVISIONS

Article 13

Arrangements to implement the Agreement

Without prejudice to the provisions of Articles 8(5) and 12(4),
any necessary technical and administrative arrangements in pur-
suance of the implementation of this Agreement shall be con-
cluded between the Secretary-General of the Council of the Euro-
pean Union, High Representative for the Common Foreign and
Security Policy, and the competent authorities of Romania.

(a)

the European Union decides that the third State participating
in the operation provides a significant contribution to assets
and/or capabilities which are essential for this operation;

Article 14

Non-compliance

or

(b)

the third State participating in the operation has a GNI per
capita which does not exceed that of any Member State of the
European Union.

An arrangement shall be concluded between the Adminis-
4.
trator provided for in Council Decision 2004/197/CFSP of 23 Feb-
ruary 2004 establishing a mechanism to administer the financing
of the common costs of EU operations having military or defence
implications, and the competent administrative authorities of
Romania. This arrangement shall include, inter alia, provisions on:

(a)

the amount concerned;

(b)

the arrangements for payment of the financial contribution;

(c)

the auditing procedure.

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 serving a notice of one month.

Article 15

Dispute settlement

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

Article 16

Entry into force

This Agreement shall enter into force on the first day of the
1.
first month after the Parties have notified each other of the
completion of the internal procedures necessary for this purpose.

This Agreement may be amended on the basis of mutual

2.
written agreement between the Parties.

3.
This Agreement may be denounced by one Party by written
notice of denunciation given to the other Party. Such denuncia-
tion shall take effect six months after receipt of notification by the
other Party.

Done at Brussels, 22 November 2004, in the English language in four copies.

For the European Union

For Romania

14.3.2005

EN

Official Journal of the European Union

L 67/19

ANNEX

DECLARATIONS

DECLARATION BY THE EU MEMBER STATES

The EU Member States applying an EU Joint Action on an EU crisis-management operation in which Romania participates
will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against Romania for injury,
death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis-management
operation if such injury, death, damage or loss:

— was caused by personnel from Romania in the execution of their duties in connection with the EU crisis-management

operation, except in case of gross negligence or wilful misconduct,

or

— arose from the use of any assets owned by Romania, provided that the assets were used in connection with the opera-
tion and except in case of gross negligence or wilful misconduct of EU crisis-management operation personnel from
Romania using those assets.

DECLARATION BY ROMANIA

Romania applying an EU Joint Action on an EU crisis-management operation 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 the EU crisis-management opera-
tion for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis-
management operation if such injury, death, damage or loss:

— was caused by personnel in the execution of their duties in connection with the EU crisis-management operation, except

in case of gross negligence or wilful misconduct,

or

— arose from the use of any assets owned by States participating in the EU crisis-management operation, provided that
the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of
EU crisis-management operation personnel using those assets.