Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations - Declarations
Date: 2005-06-13
Institutions: European Union, Ukraine
Subjects: Ukraine, agreement (EU), common foreign and security policy, crisis management

13.7.2005

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Official Journal of the European Union

L 182/29

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

AGREEMENT

THE EUROPEAN UNION,

of the one part, and

UKRAINE

of the other part,

hereinafter referred to as the ‘Parties’,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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

The European Council at Seville on 21 and 22 June 2002 has agreed arrangements for consultation and
cooperation between the European Union and Ukraine on crisis management.

The European Union will decide whether third States will be invited to participate in an EU crisis management
operation. Ukraine 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 Ukraine.

General conditions regarding the participation of Ukraine in the EU civilian and military crisis management
operations should be laid down in this Agreement establishing a framework for such possible future participation,
rather than defining these conditions on a case-by-case basis for each operation concerned. Additional imple-
mentation arrangements should be concluded for each operation concerned as provided in Article 13 of this
Agreement.

The 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 Ukraine to participate in an EU crisis management
operation, in accordance with its legislation.

The Agreement should only address future EU crisis management operations and should be without prejudice to
possible existing agreements regulating the participation of Ukraine in an already deployed EU crisis management
operation.

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

Article 1

Decisions relating to participation

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

The assessment by the European Union of Ukraine’s
2.
contribution shall be conducted in consultation with Ukraine.

3.
The European Union will provide Ukraine with an early
indication of likely contribution to the common costs of the

operation as soon as possible with a view to assisting Ukraine
in the formulation of its offer.

4.
The European Union shall communicate the outcome of
the assessment to Ukraine by letter with a view to securing the
participation of Ukraine in accordance with the provisions of
this Agreement.

Article 2

Framework

1.
Ukraine shall associate itself with the Joint 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
European Union decides to extend the EU crisis management
operation, in accordance with the provisions of this Agreement
and any required implementing arrangements.

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The contribution of Ukraine to an EU crisis management
decision-making

2.
operation is without prejudice
autonomy of the European Union.

to the

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 Ukraine have concluded an agreement
on security procedures for the exchange of classified infor-
mation, the provisions of such an agreement shall apply in
the context of an EU crisis management operation.

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 Ukraine 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.

SECTION II

GENERAL CONDITIONS ON PARTICIPATION IN CIVILIAN
CRISIS MANAGEMENT OPERATIONS

Article 5

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

Personnel seconded to an EU civilian crisis management
operation

1.
Ukraine 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 of
this Article,
Ukraine 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,

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

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

for

6.
European Union Member States undertake to make a
declaration as regards the waiver of claims, for any future parti-
cipation of Ukraine 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.

— the Operation Plan,

— implementing measures.

Ukraine shall

2.
inform in due time the EU civilian crisis
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.

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
EU civilian crisis
Ukraine.
management operation shall produce a copy of
this certifi-
cation.

Personnel

seconded

to the

Article 6

Chain of command

Article 4

Classified information

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

Ukraine shall take appropriate measures to ensure that EU
1.
classified information is protected in accordance with the
European Union Council’s security regulations, contained in
Council Decision 2001/264/EC of 19 March 2001 adopting
the Council’s security regulations (1), and in accordance with
further guidance issued by competent authorities,
including
the EU Operation Commander concerning an EU military

(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).

All personnel shall remain under the full command of

2.
their 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.

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The Head of Mission shall

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

Ukraine shall have the same rights and obligations in
5.
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
Mission shall be responsible for disciplinary control over EU
personnel. Where
civilian
required, disciplinary action shall be taken by the national
authority concerned.

crisis management

operation

A National Contingent Point of Contact (NPC) shall be
7.
appointed by Ukraine 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.

(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.

3.
Notwithstanding paragraphs 1 and 2, Ukraine shall not
make any contribution towards the financing of per diem
allowances paid to personnel of the European Union Member
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 partici-
pating 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.

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

termination of

the date of

Article 7

Financial aspects

1.
Ukraine shall assume all the costs associated with its parti-
cipation 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,
Ukraine shall, when its liability has been established, pay
compensation under the conditions foreseen in the agreement
on status of mission, if available, as referred to in Article 3(1) of
this Agreement.

Article 8

Contribution to operational budget

1.
Ukraine shall contribute to the financing of the opera-
tional budget of the EU civilian crisis management operation.

shall be

An arrangement on the practical modalities of

5.
the
signed between the EU civilian crisis
payment
management operation Head of Mission and the relevant
administrative services of Ukraine on the contributions of
the EU civilian crisis
Ukraine to the operational budget of
inter alia,
management operation. This arrangement
include the following provisions:

shall,

(a)

the amount concerned;

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

(c)

the auditing procedure.

SECTION III

GENERAL CONDITIONS ON PARTICIPATION IN MILITARY
CRISIS MANAGEMENT OPERATIONS

Article 9

Participation in the EU military crisis management
operation

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

2.
The financial contribution of Ukraine to the operational
budget shall be the lower amount of the following two alter-
natives:

— the Joint Action and subsequent amendments as 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 GNI to the total of the GNIs of all States
contributing to the operational budget of the operation; or

— the Operation Plan,

— implementing measures.

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Personnel seconded by Ukraine shall carry out their duties
the EU
themselves solely with the interest of

2.
and conduct
military crisis management operation in mind.

Article 12

Contribution to the common costs

Ukraine shall

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

Article 10

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

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

transfer the Operational and
and
EU

and/or
forces
EU Operation Commander. The

command
to the

control of

their

3.
Ukraine shall have the same rights and obligations in
terms of the day-to-day management, of the operation as parti-
cipating European Union Member States.

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

A Senior Military Representative (SMR) shall be appointed
5.
by Ukraine to represent
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.

its national contingent

Article 11

Financial aspects

1. Without prejudice to Article 12, Ukraine 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 common 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,
Ukraine shall, when its liability has been established, pay
compensation under the conditions foreseen in the agreement
on status of forces, if available, as referred to in Article 3(1) of
this Agreement.

1.
Ukraine shall contribute to the financing of the common
costs of the EU military crisis management operation as defined
in the Council Decision mentioned in Article 11.

2.
The financial contribution of Ukraine to the common
costs shall be the lower amount of the following two alter-
natives:

(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 Ukraine 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 Ukraine 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
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
for this
to assets and/or capabilities which are essential
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
financing of
the common costs of EU operations having
military or defence implications, and the competent adminis-
include,
trative authorities of Ukraine. This arrangement shall
inter alia, provisions on:

(a)

the amount concerned;

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

(1) OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision

2005/68/CFSP (OJ L 27, 29.1.2005, p. 59).

(c)

the auditing procedure.

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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
Ukraine.

Article 14

Non-compliance

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 subject to review not later than

2.
1 June 2008, and subsequently at least every three years.

This Agreement may be amended on the basis of mutual

3.
written agreement between the Parties.

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.

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.

Done at Luxembourg, on 13 June 2005, in the English language
in four copies.

For the European Union

For Ukraine

Article 15

Dispute settlement

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

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ANNEX

TEXT OF DECLARATIONS

DECLARATION BY THE EU MEMBER STATES

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

DECLARATION BY UKRAINE

Ukraine 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.