Agreement between the European Union and the Republic of Chile on the participation of the Republic of Chile in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) - Declarations
Date: 2005-07-25
Institutions: Chile, European Union
Subjects: Bosnia and Herzegovina, Chile, EU military mission, agreement (EU), military intervention, peacekeeping, the EU's international role

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between the European Union and the Republic of Chile on the participation of the Republic of
Chile 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 CHILE,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the adoption of United Nations Security Council Resolution 1575 (2004) of 22 November 2004 concerning the

establishment of EUFOR,

— 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 Chile 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 Chile’s forces in the EU-led operation,

— Political and Security Committee Decision BiH/1/2004 of 21 September 2004 (2) on the acceptance of the Republic of

Chile’s contribution to the EU military operation in Bosnia and Herzegovina,

— 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 (3),

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

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

1.
The Republic of Chile 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
European Union decides to prolong the EU military crisis
in accordance with the provisions of
management operation,
this Agreement and any required implementing arrangements.

— Joint Action 2004/570/CFSP and possible

subsequent

amendments,

— the Operation Plan,

— implementing measures.

The contribution of

2.
the Republic of Chile 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 324, 27.10.2004, p. 20.
(3) OJ L 325, 28.10.2004, p. 64. Decision as amended by Decision

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

4.
Forces and personnel seconded to the operation by the
Republic of Chile shall carry out their duties and conduct them-
selves
the EU military crisis
management operation in mind, without prejudice to Article
4(1).

solely with the interest of

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The Republic of Chile shall

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

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

Article 2

Status of forces

The status of the forces and personnel contributed to the
1.
EU military crisis management operation by the Republic of
Chile shall be governed in accordance with the provisions
contained in paragraph 12 of United Nations Security Council
Resolution 1575 (2004) of 22 November 2004.

2.
The status of the forces and personnel contributed to
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 Chile.

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

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

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

5.
The Republic of Chile 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.

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 Chile in the EU military
crisis management operation, and to do so when signing this
Agreement.

Article 3

Classified information

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

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

Financial aspects

to common funding as provided for

1.
The Republic of Chile shall assume all the costs associated
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 European Union operations having
military or defence implications (2).

1.
The Republic of Chile shall take appropriate measures to
ensure that EU classified information is protected in accordance
with the European Union Council’s
security regulations,
contained in the 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.

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

(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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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

This Agreement shall remain in force for the duration of

2.
the Republic of Chile’s contribution to the operation.

Done at Brussels, on 25 July 2005 in the English language in
four copies.

For the European Union

For the Republic of Chile

Article 6

Arrangements to implement the Agreement

Any necessary technical and administrative arrangements in
pursuance of the implementation of this Agreement shall be
the Council of
concluded between the Secretary-General of
the European Union/High Representative for
the Common
Foreign and Security Policy, and the appropriate authorities of
the Republic of Chile.

Article 7

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 8

Dispute settlement

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

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DECLARATIONS

referred to in Article 2(5) and (6)

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,
legal systems so
permit, to waive as far as possible claims against the Republic of Chile 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:

insofar as their internal

— was caused by personnel from the Republic of Chile 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 Chile, 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 Chile using those assets.’.

Declaration by the Republic of Chile:
‘The Republic of Chile applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union
military operation in Bosnia and Herzegovina 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.’.