Agreement between the European Union and the Republic of Bulgaria establishing a framework for the participation of the Republic of Bulgaria in the EU crisis management operations - Declarations
Date: 2005-01-24
Institutions: Bulgaria, European Union
Subjects: Bulgaria, agreement (EU), common foreign and security policy, crisis management

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Official Journal of the European Union

17.2.2005

between the European Union and the Republic of Bulgaria establishing a framework for the
participation of the Republic of Bulgaria in the EU crisis management operations

AGREEMENT

THE EUROPEAN UNION,

of the one part, and

THE REPUBLIC OF BULGARIA,

of the other part,

hereinafter referred to as the ‘Parties’,

Whereas:

(1)

(2)

(3)

(4)

(5)

The European Union 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 Republic of Bulgaria may accept the invi-
tation by the European Union and offer its contribution.
In such case, the European Union will decide on the
acceptance of
the
Republic of Bulgaria.

contribution of

the proposed

(6)

(7)

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 Republic of Bulgaria to participate in
an EU crisis management operation.

Such an Agreement should only address future EU crisis
management operations and should be without prejudice
to possible existing agreements regulating the partici-
pation of
the Republic of Bulgaria in an already
deployed EU crisis management operation,

HAVE AGREED AS FOLLOWS:

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

SECTION I

GENERAL PROVISIONS

Article 1

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

Conditions regarding the participation of the Republic of
Bulgaria in EU crisis management operations should be
laid down in an Agreement establishing a framework for
such possible future participation, rather than defining
these
each
operation concerned.

conditions on a case-by-case basis

for

Decisions relating to the participation

Following the decision of the European Union to invite
1.
the Republic of Bulgaria to participate in an EU crisis
management operation, and once the Republic of Bulgaria has
decided to participate, the Republic of Bulgaria shall provide
information on its proposed contribution to the European
Union.

2. Where the European Union has decided to undertake a
military crisis management operation with recourse to NATO
assets and capabilities, the Republic of Bulgaria will inform the
European Union of any intention to participate in the operation,
and subsequently provide information on any proposed contri-
bution.

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The assessment by the European Union of the Republic of
3.
Bulgaria's contribution shall be conducted in consultation with
the Republic of Bulgaria.

personnel. The Republic of Bulgaria shall be responsible for
bringing any action, in particular legal or disciplinary, against
any of its personnel.

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

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

Article 2

Framework

that

the EU will conduct

The Republic of Bulgaria shall associate itself with the
1.
the European Union
Joint Action by which the Council of
decides
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
implementing
arrangements.

this Agreement

required

and

any

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

Article 3

Status of personnel and forces

The status of personnel seconded to an EU civilian crisis
1.
management operation and/or of the forces contributed to an
EU military crisis management operation by the Republic of
Bulgaria 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.

The European Union undertakes to ensure that Member
6.
States make a declaration as regards the waiver of claims, for
any future participation of the Republic of Bulgaria in an EU
crisis management operation, and to do so when signing this
Agreement. A model for such a declaration is annexed to this
Agreement.

Article 4

Classified information

1.
The Republic of Bulgaria shall take appropriate measures
to ensure that EU classified information is protected in
accordance with the European Union Council's security regu-
lations, and in accordance with further guidance issued by
competent
EU Operation
including
Commander concerning an EU military crisis management
operation or by the EU Head of Mission concerning an EU
civilian crisis management operation.

authorities,

the

2. Where the EU and the Republic of Bulgaria have
the
concluded an agreement on security procedures
exchange of classified information, the provisions of such an
agreement
an EU crisis
management operation.

apply in the

context of

shall

for

SECTION II

PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS
MANAGEMENT OPERATIONS

Article 5

The status of personnel contributed to headquarters or
2.
in which the
command elements located outside the State(s)
EU crisis management operation takes place shall be governed
by arrangements between the headquarters and command
elements concerned and the Republic of Bulgaria.

Personnel seconded to an EU civilian crisis management
operation

1.
The Republic of Bulgaria shall ensure that its personnel
seconded to an 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,
the Republic of
Bulgaria shall exercise jurisdiction over its personnel partici-
pating in the EU crisis management operation.

— the Joint Action and subsequent amendments as referred to

in Article 2(1) of this Agreement;

The Republic of Bulgaria

4.
for
answering any claims linked to participation in an EU crisis
its
management operation from or

responsible

concerning

shall be

any of

— the Operation Plan;

— implementing measures.

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The Republic of Bulgaria shall inform in due time the EU
2.
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.

Bulgaria, provided that the Republic of Bulgaria is still contri-
buting to the EU civilian crisis management operation at the
date of termination of the operation.

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
the Republic of Bulgaria. Personnel seconded to the EU civilian
crisis management operation shall produce a copy of this certi-
fication.

Article 6

Chain of command

1.
Personnel seconded by the Republic of Bulgaria 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

2.
their national authorities.

Article 7

Financial aspects

The Republic of Bulgaria shall assume all the costs asso-
1.
ciated with its participation 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,
the Republic of Bulgaria shall, when its liability has been estab-
lished, pay compensation 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

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.

1.
The Republic of Bulgaria shall contribute to the financing
of the operational budget of the EU civilian crisis management
operation.

The Head of Mission shall

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

The financial contribution of the Republic of Bulgaria to
the

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

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

(a)

that share of the reference amount which is in proportion
to the ratio of its gross national income (GNI) to the total of
the GNIs of all States contributing to the operational budget
of the operation; or

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

crisis management

operation

(b) that share of

the reference amount

for the operational
budget 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.

A National Contingent Point of Contact (NPC) shall be
7.
appointed by the Republic of Bulgaria
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.

to represent

Notwithstanding paragraphs 1 and 2,

3.
Bulgaria
contribution towards
financing of per diem allowances paid to personnel of
European Union Member States.

the Republic of
the
the

shall not make

any

8.
The decision to end the operation shall be taken by the
European Union, following consultation with the Republic of

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:

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(a)

the European Union decides that the third State partici-
pating in the operation provides a significant contribution
which is essential for this operation; or

Article 10

Chain of command

(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.

shall be

An arrangement on the practical modalities of

the
5.
payment
signed between the EU civilian crisis
management operation Head of Mission and the relevant
administrative services of the Republic of Bulgaria on the contri-
butions of the Republic of Bulgaria 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.

SECTION III

PROVISIONS ON PARTICIPATION IN MILITARY CRISIS
MANAGEMENT OPERATIONS

Article 9

Participation in the EU military crisis management
operation

1.
The Republic of Bulgaria shall ensure that its forces and
personnel participating 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;

All forces and personnel participating in the EU military
the full

1.
crisis management operation shall
command of their national authorities.

remain under

National authorities shall
command and/or

2.
Tactical
personnel
Operation Commander is entitled to delegate his authority.

transfer the Operational and
and
EU

forces
EU Operation Commander. The

control of

to the

their

The Republic of Bulgaria shall have the same rights and
the

3.
obligations in terms of
the day-to-day management of
operation as participating European Union Member States.

4.
The EU Operation Commander may, following consul-
tations with the Republic of Bulgaria, at any time request the
withdrawal of the Republic of Bulgaria's contribution.

5.
A Senior Military Representative (SMR) shall be appointed
by the Republic of Bulgaria 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.

Article 11

Financial aspects

1. Without prejudice to Article 12, the Republic of Bulgaria
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)
in Council Decision
of
2004/197/CFSP
a
2004
mechanism to administer the financing of the common costs
of EU operations having military or defence implications (1).

as
February

this Agreement,

establishing

as well

23

of

— the Operation Plan;

— implementing measures.

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 Republic of Bulgaria shall, when its liability has been estab-
lished, pay compensation under the conditions foreseen in the
agreement on the status of forces, if available, as referred to in
Article 3(1) of this Agreement.

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

Article 12

Contribution to the common costs

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

1.
The Republic of Bulgaria shall contribute to the financing
of the common costs of the EU military crisis management
operation.

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

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

(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
personnel participating in the operation to the total number
of personnel of all States participating in the operation.

In calculating 2(b), where the Republic of Bulgaria 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
Republic of Bulgaria to that of
the
operation.

the total personnel of

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

EU military

a particular

(a)

the European Union decides that the third State partici-
pating 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 Admin-
istrator provided for in Council Decision 2004/197/CFSP of 23
February 2004 establishing a mechanism to administer the
the common costs of EU operations having
financing of
military or defence implications, and the competent adminis-
trative authorities of the Republic of Bulgaria. This arrangement
shall include inter alia provisions on:

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
pursuance of the implementation of this Agreement shall be
concluded between the Secretary-General of
the Council of
the European Union, High Representative for the Common
Foreign and Security Policy, and the appropriate authorities of
the Republic of Bulgaria.

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

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

the internal procedures necessary for

This Agreement shall be provisionally applied from the

2.
date of signature.

(a)

the amount concerned;

This Agreement may be amended on the basis of mutual

3.
written agreement between the Parties.

(b) the arrangements for payment of the financial contribution;

(c)

the auditing procedure.

4.
This Agreement may be denounced by one Party by
written notice of denunciation given to the other Party. Such
denunciation shall take effect six months after receipt of noti-
fication by the other Party.

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Done at Brussels and Sofia, on 24 January 2005,

in the English language in four copies.

For the European Union

For the Republic of Bulgaria

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ANNEX

TEXT FOR DECLARATIONS

Declaration by the European Union Member States:

The European Union Member States applying an EU Joint Action on an EU crisis management operation in which the
Republic of Bulgaria participates will endeavour, insofar as their internal
legal systems so permit, to waive as far as
possible claims against the Republic of Bulgaria 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 Republic of Bulgaria 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 Republic of Bulgaria, 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 from the Republic of Bulgaria using those assets.

Declaration by the Republic of Bulgaria:

The Republic of Bulgaria applying an EU Joint Action on an EU crisis management operation will endeavour, insofar 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.