Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea) - Declarations
Date: 2005-03-07
Institutions: Albania, European Union
Subjects: Albania, Bosnia and Herzegovina, EU military mission, agreement (EU), military intervention, peacekeeping, the EU's international role

11.3.2005

EN

Official Journal of the European Union

L 65/35

between the European Union and the Republic of Albania on the participation of the Republic of
Albania in the European Union military crisis management operation in Bosnia and Herzegovina
(Operation Althea)

AGREEMENT

THE EUROPEAN UNION (EU),

of the one part, and

THE REPUBLIC OF ALBANIA

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the adoption by the Council of the European Union of Joint Action 2004/570/CFSP of 12 July 2004 on the European

Union military operation in Bosnia and Herzegovina (1),

— the invitation to the Republic of Albania to participate in the EU-led operation,

— the successful completion of the Force Generation process and the recommendation by the EU Operation Commander
and the EU Military Committee to agree on the participation of the Republic of Albania 's forces in the EU-led
operation,

— Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting-up of the Committee of

Contributors for the European Union military operation in Bosnia and Herzegovina (2),

— Political and Security Committee Decision BiH/5/2004 of 3 November 2004 amending Decision BiH/1/2004 on the
acceptance of third States' contributions to the European Union military operation in Bosnia and Herzegovina and
Decision BiH/3/2004 on the setting-up of the Committee of Contributors for the European Union military operation
in Bosnia and Herzegovina,

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

3.
The Republic of Albania shall ensure that its forces and
personnel participating in the EU military crisis management
operation undertake their mission in conformity with:

1.
The Republic of Albania shall associate itself with Joint
Action 2004/570/CFSP of 12 July 2004 on the European
Union military operation in Bosnia and Herzegovina and with
any Joint Action or Decision by which the Council of the
to extend the EU military crisis
European Union decides
management operation,
in accordance with the provisions of
this Agreement and any required implementing arrangements.

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

(1) OJ L 252, 28.7.2004, p. 10.
(2) OJ L 325, 28.10.2004, p. 64. Decision as amended by Decision

BiH/5/2004 (OJ L 357, 2.12.2004, p. 39).

— Joint Action 2004/570/CFSP and possible

subsequent

amendments,

— the Operation Plan,

— implementing measures.

4.
Forces and personnel seconded to the operation by the
Republic of Albania shall carry out their duties and conduct
themselves solely with the interest of the EU military crisis
management operation in mind.

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Official Journal of the European Union

11.3.2005

The Republic of Albania shall inform the EU Operation
5.
Commander in due time of any change to its participation in
the operation.

lations, 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.

Article 2

Status of forces

1.
The status of the forces and personnel contributed to the
EU military crisis management operation by the Republic of
Albania shall be governed by the provisions on the status of
forces, if available, agreed between the European Union and the
host country.

The status of the forces and personnel contributed to
2.
headquarters or command elements located outside Bosnia
and Herzegovina shall be governed by arrangements between
the headquarters and command elements concerned and the
Republic of Albania.

3. Without prejudice to the provisions on the status of forces
the Republic of Albania shall
referred to in paragraph 1,
exercise jurisdiction over its forces and personnel participating
in the EU military crisis management operation.

shall be

responsible

The Republic of Albania

for
4.
answering any claims
linked to participation in the EU
military crisis management operation, from or concerning any
of its forces and personnel. The Republic of Albania shall be
responsible for bringing any action, in particular legal or disci-
plinary, against any of its forces and personnel, in accordance
with its laws and regulations.

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

for

Article 4

Chain of command

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 Albania 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 Albania, at any time request the
withdrawal of the Republic of Albania 's contribution.

5.
The Republic of Albania undertakes to make a declaration
as regards the waiver of claims against any State participating in
the EU military crisis management operation, and to do so
when signing this Agreement.

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

The European Union undertakes to ensure that Member
6.
States make a declaration as regards the waiver of claims, for
the participation of the Republic of Albania in the EU military
crisis management operation, and to do so when signing this
Agreement.

Article 3

Classified information

Article 5

Financial aspects

to common funding as provided for

1.
The Republic of Albania shall assume all the costs asso-
ciated with its participation in the operation unless the costs are
subject
in the legal
instruments referred to in Article 1(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 (2).

1.
The Republic of Albania shall take appropriate measures
to ensure that EU classified information is protected in
accordance with the European Union Council's security regu-

(1) OJ L 101, 11.4.2001, p. 1. Decision as amended by Decision

2004/194/EC (OJ L 63, 28.2.2004, p. 48).

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

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Official Journal of the European Union

L 65/37

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 Republic of Albania shall, when its liability has been estab-
lished, pay compensation under the conditions foreseen in the
if available, as referred to in
provisions on status of forces,
Article 2(1) of this Agreement.

Article 6

Arrangements to implement the Agreement

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 Common
the European Union/High Representative for
Foreign and Security Policy and the appropriate authorities of
the Republic of Albania.

Article 8

Dispute settlement

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

Article 9

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

Article 7

Non compliance

This Agreement shall be provisionally applied from the

2.
date of signature.

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.

This Agreement shall remain in force for the duration of

3.
the Republic of Albania's contribution to the operation.

Done at Brussels, on 7 March 2005 in the English language in four copies.

For the European Union

For the Republic of Albania

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Official Journal of the European Union

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DECLARATIONS

referred to in Article 2(5) and (6) of the Agreement

Declaration by the EU Member States:
‘The EU Member States applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union
military operation in Bosnia and Herzegovina will endeavour, in so far as their internal legal systems so
permit, to waive as far as possible claims against the Republic of Albania for injury, death of its 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 Albania 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 Albania, 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 Albania using those assets.’

Declaration by the Republic of Albania:
‘The Republic of Albania applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union
legal system so
military operation in Bosnia and Herzegovina will endeavour,
permits, to waive as far as possible claims against any other State participating in the EU crisis management
operation for injury, death of their 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:

in so far as its internal

— 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.’