Agreement between the European Union and the Kingdom of Norway establishing a framework for the participation of the Kingdom of Norway in the European Union crisis-management operations - Declarations
Date: 2004-12-03
Institutions: European Union, Norway
Subjects: Norway, agreement (EU), common foreign and security policy, crisis management

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

AGREEMENT

THE EUROPEAN UNION,

of the one part, and

THE KINGDOM OF NORWAY,

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. The Kingdom of Norway may accept the invitation by the European Union and
offer its contribution. In such case, the European Union will decide on the acceptance of the proposed
contribution of the Kingdom of Norway.

If the European Union decides to undertake a military crisis-management operation with recourse to
NATO assets and capabilities, the Kingdom of Norway 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 the Kingdom of Norway 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 the Kingdom of Norway 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 the Kingdom of Norway in
an already deployed EU crisis-management operation,

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

participate, the Kingdom of Norway shall provide 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, the Kingdom of Norway will inform the Euro-
pean Union of any intention to participate in the operation, and
subsequently provide information on any proposed contribution.

1.
Following the decision of the European Union to invite the
Kingdom of Norway to participate in an EU crisis-management
operation, and once the Kingdom of Norway has decided to

3.
The assessment by the European Union of the Kingdom of
Norway’s contribution shall be conducted in consultation with
the Kingdom of Norway.

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

The Kingdom of Norway undertakes to make a declaration
5.
as regards the waiver of claims against any State participating in
an EU crisis-management operation in which the Kingdom of
Norway 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 the Kingdom of Norway by letter with a view to
securing the participation of the Kingdom of Norway in accor-
dance with the provisions of this Agreement.

Article 2

Framework

The Kingdom of Norway shall associate itself with the Joint
1.
Action by which the Council of the European Union decides that
the EU will conduct the crisis-management operation, and with
any Joint Action or decision by which the Council of the Euro-
pean Union decides to extend the EU crisis-management opera-
tion, in accordance with the provisions of this Agreement and any
required implementing arrangements.

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

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

Article 4

Classified information

1.
The Kingdom of Norway shall take appropriate measures to
ensure that EU classified information is protected in accordance
with the European Union Council’s security regulations, con-
tained 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.

Article 3

Status of personnel and forces

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

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 the Kingdom of Norway
shall be governed by the agreement on the status of
forces/mission,
if available, 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 the Kingdom of Norway.

SECTION II

PROVISIONS ON PARTICIPATION IN CIVILIAN
CRISIS-MANAGEMENT OPERATIONS

Article 5

Personnel seconded to an EU civilian crisis-management
operation

3. Without prejudice to the agreement on the status of
forces/mission referred to in paragraph 1, the Kingdom of Nor-
way shall exercise jurisdiction over its personnel participating in
the EU crisis-management operation.

The Kingdom of Norway shall ensure that its personnel sec-
1.
onded to the EU civilian crisis-management operation undertake
their mission in conformity with:

The Kingdom of Norway shall be responsible for answering
4.
any claims linked to participation in an EU crisis-management
operation, from or concerning any of its personnel. The Kingdom
of Norway shall be responsible for bringing any action, in par-
ticular legal or disciplinary, against any of its personnel in accor-
dance with its laws and regulations.

— the Joint Action and subsequent amendments as referred to

in Article 2(1) of this Agreement,

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

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— the operation plan,

— implementing measures.

2.
The Kingdom of Norway shall inform in due time the EU
civilian crisis-management operation Head of Mission and the
General Secretariat of the Council of the European Union of any
change to its contribution to the EU civilian crisis-management
operation.

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

Article 6

Chain of command

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

All personnel shall remain under the full command of their

2.
national authorities.

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

The decision to end the operation shall be taken by the
8.
European Union, following consultation with the Kingdom of
Norway, provided that the Kingdom of Norway is still contribut-
ing to the EU civilian crisis-management operation at the date of
termination of the operation.

Article 7

Financial aspects

1.
The Kingdom of Norway shall assume all the costs associ-
ated with its participation in the operation apart from the costs,
which are subject to common funding, as set out in the opera-
tional 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, the
Kingdom of Norway shall, when its liability has been established,
pay compensation under the conditions foreseen in the agree-
ment on the status of mission, if available, as referred to in
Article 3(1) of this Agreement.

Article 8

Contribution to operational budget

1.
The Kingdom of Norway shall contribute to the financing of
the operational budget of the EU civilian crisis-management
operation.

2.
The financial contribution of the Kingdom of Norway to the
operational budget shall be the lower amount of the following
two 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.
The Kingdom of Norway 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 the Kingdom of Norway to represent its national
contingent in the operation. The NPC shall report to the EU civil-
ian crisis-management operation Head of Mission on national
matters and shall be responsible for day-to-day contingent
discipline.

(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, the Kingdom of Nor-
3.
way shall not make any contribution towards the financing of per
diem allowances paid to personnel of the European Union Mem-
ber States.

4.
Notwithstanding paragraph 1, the European Union shall, in
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

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(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.

The EU Operation Commander may, following consulta-
4.
tions with the Kingdom of Norway, at any time request the with-
drawal of the Kingdom of Norway’s contribution.

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

A senior military representative (SMR) shall be appointed by
5.
the Kingdom of Norway to represent its national contingent in
the EU military crisis-management operation. The SMR shall con-
sult with the EU Force Commander on all matters affecting the
operation and shall be responsible for day-to-day contingent
discipline.

(a)

the amount concerned;

(b)

the arrangements for payment of the financial contribution;

(c)

the auditing procedure.

SECTION III

PROVISIONS ON PARTICIPATION IN MILITARY
CRISIS-MANAGEMENT OPERATIONS

Article 9

Participation in the EU military crisis-management
operation

1.
The Kingdom of Norway shall ensure that its forces and per-
sonnel participating in the EU military crisis-management opera-
tion 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.

Article 11

Financial aspects

1. Without prejudice to Article 12, the Kingdom of Norway
shall assume all the costs associated with its participation in the
operation unless the costs are subject to common funding as pro-
vided 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 common costs of EU operations having military
or defence implications (1).

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

Article 12

Contribution to the common costs

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

The Kingdom of Norway shall contribute to the financing of
the EU military crisis-management

1.
the common costs of
operation.

3.
The Kingdom of Norway shall inform the EU Operation
Commander in due time of any change to its participation in the
operation.

The financial contribution of the Kingdom of Norway to the
2.
common costs shall be the lower amount of the following two
alternatives:

Article 10

Chain of command

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.

3.
The Kingdom of Norway shall have the same rights and
obligations in terms of the day-to-day management of the opera-
tion as participating European Union Member States.

(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;

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.

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In calculating 2(b), where the Kingdom of Norway 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 headquarters personnel. Otherwise, the ratio shall
be that of all personnel contributed by the Kingdom of Norway
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:

(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;

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.

4.
An arrangement shall be concluded between the Adminis-
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 the
Kingdom of Norway. 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.

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 appropriate authorities of the Kingdom of
Norway.

Article 14

Non-compliance

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 shall be provisionally applied from the date

2.
of signature.

This Agreement shall be subject to review not later than

3.
1 June 2008, and subsequently at least every three years.

This Agreement may be amended on the basis of mutual

4.
written agreement between the Parties.

5.
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, 3 December 2004, in the English language in four copies.

For the European Union

For the Kingdom of Norway

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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 the Kingdom of Nor-
way participates will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against
the Kingdom of Norway 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 the Kingdom of Norway 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 the Kingdom of Norway, 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 per-
sonnel from the Kingdom of Norway using those assets.

DECLARATION BY THE KINGDOM OF NORWAY

The Kingdom of Norway 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 operation 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.