Agreement between the European Union and Canada establishing a framework for the participation of Canada in the European Union crisis management operations - Declarations
Date: 2005-11-24
Institutions: Canada, European Union
Subjects: Canada, agreement (EU), common foreign and security policy, crisis management

1.12.2005

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Official Journal of the European Union

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

AGREEMENT

THE EUROPEAN UNION,

of the one part, and

CANADA,

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.

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

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

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

General conditions regarding the participation of Canada 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 Canada to participate in an 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
Canada to participate in an EU crisis management operation,
and once Canada has decided in principle to participate, Canada
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, Canada shall inform the European Union
of any intention to participate in the operation, and subse-
quently provide information on its intended contribution.

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

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

Article 2

Framework

1.
Canada 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 amend or extend the mandate of
the EU crisis management operation,
in accordance with the
provisions of this Agreement and any required implementing
arrangements.

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The participation of Canada in an EU crisis management
decision-making

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

to the

Article 4

Classified information

Article 3

Status of personnel and forces

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 Canada shall be
governed by the agreement on the status of mission/forces, if
available, concluded between the European Union and the
State(s) in which the operation is conducted.

1.
Canada shall ensure that, when EU classified information
is handled by Canadian personnel in the context of an EU-led
crisis management operation, Canadian personnel respect the
basic principles and minimum standards of the Council of the
European Union’s security regulations, contained in Council
Decision 2001/264/EC (1). Canada
that
Canadian personnel respect
further guidance concerning EU
classified information issued to them by competent authorities,
including by the EU Operation Commander in the context of an
EU military crisis management operation or by the EU Head of
Mission in the context of an EU civilian crisis management
operation, without prejudice to Articles 6(2) and 10(2).

also ensure

shall

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 competent authorities
regarding the headquarters and command elements concerned
and the competent authorities of Canada.

2.
If the EU receives classified information from Canada, that
information shall be given protection appropriate to its classi-
fication and equivalent to the standards established in the regu-
lations for EU classified information.

3. Without prejudice to the agreement on the status of
mission/forces
this Article,
referred to in paragraph 1 of
Canada shall exercise jurisdiction over its personnel partici-
pating in the EU crisis management operation.

3. Where the EU and Canada have concluded an Agreement
on security procedures for the exchange of classified infor-
mation, the provisions of that Agreement shall apply in the
context of an EU crisis management operation.

4. Without prejudice to the agreement on the status of
mission/forces
this Article,
referred to in paragraph 1 of
Canada shall be responsible for answering any claims linked
to its participation in an EU crisis management operation,
from or concerning any of its personnel.

5.
In case of death, injury, loss or damage to natural or legal
persons from the State(s) in which the operation is conducted,
Canada shall, when its
liability has been established, pay
compensation under the conditions foreseen in the agreement
on status of mission/forces,
if available, as referred to in
paragraph 1 of this Article.

SECTION II

PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS
MANAGEMENT OPERATIONS

Article 5

Personnel seconded to an EU civilian crisis management
operation

1.
Canada shall ensure that its personnel seconded to the EU
civilian crisis management operation undertake their mission in
conformity with:

(a)

the Joint Action and subsequent amendments as referred to
in Article 2(1) of this Agreement;

6.
Canada undertakes to make a declaration as regards the
waiver of claims against any State participating in an EU crisis
management operation in which Canada participates, and to do
so when signing this Agreement. A model
such a
for
declaration is set out in the Annex to this Agreement.

(b) the operation plan;

(c)

implementing measures.

The European Union undertakes to ensure that Member
7.
States make a declaration as regards the waiver of claims against
Canada, when it is participating in an EU crisis management
operation, and to do so when signing this Agreement. A model
for
in the Annex to this
Agreement.

such a declaration is

set out

Canada 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.

(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).

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Personnel seconded to the EU civilian crisis management
3.
operation shall undergo a medical examination, vaccination as
may be deemed necessary by the competent Canadian authority,
and be certified medically fit for duty by a competent authority
from Canada. Personnel seconded to the EU civilian crisis
management operation shall produce a copy of
this certifi-
cation.

Article 6

Chain of command

Personnel seconded by Canada shall carry out their duties
1.
and conduct themselves solely with the interests of the EU
civilian crisis management operation in mind, without
prejudice to paragraph 2.

All personnel shall remain under the full command of

2.
their national authorities.

that Canada is still participating in the EU civilian crisis
management operation at
the
decision on termination of the operation.

the adoption of

the date of

Article 7

Financial aspects

Canada shall assume all the costs associated with its partici-
from the costs, which are
pation in the operation apart
subject
in the operational
budget of the operation. This shall be without prejudice to
Article 8.

to common funding, as set out

Article 8

Contribution to operational budget

1.
Canada shall contribute to the financing of the operational
budget of the EU civilian crisis management operation, subject
to paragraph 3.

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

The Head of Mission shall

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

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

(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

Canada 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.

The EU civilian crisis management operation Head of
6.
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

7.
A National Contingent Point of Contact (NPC) shall be
appointed by Canada 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
affecting the operation 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.

The European Union shall,

3.
in principle, exempt Canada
from financial contributions to a particular EU civilian crisis
management operation when the European Union decides that
Canada’s participation in the operation provides a significant
contribution which is essential for this operation.

4. Where appropriate, an arrangement on the practical
modalities of the payment shall be concluded between the EU
civilian crisis management operation Head of Mission and the
relevant administrative services of Canada on the contributions
of Canada to the operational budget of the EU civilian crisis
inter alia,
management operation. This arrangement
include the following provisions:

shall,

(a)

the amount concerned;

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

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

(c)

the auditing procedure.

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Notwithstanding paragraphs 1 and 2, Canada shall not
5.
make any contribution towards the financing of per diem
allowances paid to personnel of the European Union Member
States.

A Senior Military Representative (SMR) shall be appointed
6.
by Canada 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

SECTION III

PROVISIONS ON PARTICIPATION IN MILITARY CRISIS
MANAGEMENT OPERATIONS

Article 9

Participation in the EU military crisis management
operation

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

(a)

the Joint Action and subsequent amendments as referred to
in Article 2(1) of this Agreement;

(b) the operation plan;

(c)

implementing measures.

Canada shall inform the EU Operation Commander in due

2.
time of any change to its participation in the operation.

Article 10

Chain of command

Personnel seconded by Canada shall carry out their duties
the EU
themselves solely with the interest of
crisis management operation in mind, without

1.
and conduct
military
prejudice to paragraph 2.

All forces and personnel participating in the EU military
the full

2.
crisis management operation shall
command of their national authorities.

remain under

National authorities shall

transfer the Operational and
3.
and
Tactical
personnel
EU
Operation Commander is entitled to delegate his/her authority.

forces
and/or
EU Operation Commander. The

command
to the

control of

their

Article 11

Financial aspects

Without prejudice to Article 12, Canada 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 European Union operations having
military or defence implications (1).

Article 12

Contribution to the common costs

1.
Canada shall contribute to the financing of the common
costs of the EU military crisis management operation, subject to
paragraph 3.

Any financial contribution of Canada to the common
2.
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 Canada 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 Canada to that of the total personnel
of the operation.

4.
Canada 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, in accordance with the
legal instruments referred to in Article 2(1) of this Agreement.

5.
The EU Operation Commander may, following consul-
tations with Canada, at any time request the withdrawal of
Canada’s contribution.

The European Union shall,

in principle, exempt Canada
3.
from financial contributions
to the common costs of a
particular EU military crisis management operation when the
European Union decides that Canada’s participation in the
operation provides a significant contribution to assets and/or
capabilities which are essential for this operation.

(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).

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4. Where appropriate, an arrangement shall be concluded
between the Administrator provided for in Council Decision
2004/197/CFSP
a
mechanism to administer the financing of the common costs
of EU operations having military or defence implications, and
the
authorities of Canada. This
arrangement shall include, inter alia, provisions on:

competent administrative

establishing

February

2004

23

of

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

(a)

the amount concerned;

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

(c)

the auditing procedure.

This Agreement shall be subject to review not later than

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

SECTION IV

FINAL PROVISIONS

Article 13

Arrangements to implement this Agreement

Without prejudice to the provisions of Articles 8(4) 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
Canada.

Article 14

Non compliance

Should one of the Parties fail to comply with its obligations laid
down in this Agreement, 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.

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.

IN WITNESS WHEREOF, the undersigned, duly authorised to that
effect, have signed this Agreement.

Done in duplicate at Brussels, on the twenty-fourth day of
November in the year two thousand and five,
in the English
and French languages, each version being equally authentic.

For the European Union

For Canada

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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 Canada participates
will endeavour, insofar as their internal legal systems so permit, to waive on a reciprocal basis, as far as possible, claims
against Canada 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 Canada 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 Canada, 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 Canada using those assets.

Declaration by Canada

Canada associating itself with an EU Joint Action on an EU crisis management operation will endeavour, insofar as its
internal
legal system so permits, to waive on a reciprocal basis, 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.