Agreement between the European Union and the Republic of Turkey establishing a framework for the participation of the Republic of Turkey in the European Union crisis management operations - Declarations
Date: 2006-06-29
Institutions: European Union, Türkiye
Subjects: Türkiye, agreement (EU), common foreign and security policy, crisis management

12.7.2006

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Official Journal of the European Union

L 189/17

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

AGREEMENT

THE EUROPEAN UNION,

of the one part, and

THE REPUBLIC OF TURKEY

of the other part,

hereinafter referred to as the ‘Parties’,

WHEREAS:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

The European Union (EU) 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 Turkey 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 the Republic of
Turkey.

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

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 operations.

Conditions regarding the participation of the Republic of Turkey 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 the Republic of Turkey 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 participation of the Republic of Turkey in an already deployed EU
crisis management operation,

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

Article 1

assets and capabilities, the Republic of Turkey will inform the
European Union of any intention to participate in the operation,
and subsequently provide information on any proposed contri-
bution.

Decisions relating to participation

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

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

2. Where the European Union has decided to undertake a
military crisis management operation with recourse to NATO

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

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The European Union shall communicate the outcome of
5.
the assessment to the Republic of Turkey by letter with a view
to securing the participation of
the Republic of Turkey in
accordance with the provisions of this Agreement.

The European Union undertakes to ensure that Member
6.
States make a declaration as regards the waiver of claims against
the Republic of Turkey, when it is participating 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 2

Framework

1.
The Republic of Turkey 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.

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

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

3. Without prejudice to the agreement on the status of
the Republic of
forces/mission referred to in paragraph 1,
Turkey shall exercise jurisdiction over its personnel participating
in the EU crisis management operation.

The Republic of Turkey shall be responsible for answering
4.
linked to the participation in an EU crisis
any claims
management operation,
its
from or
personnel. The Republic of Turkey shall be responsible for
bringing any action, in particular legal or disciplinary, against
any of its personnel in accordance with its laws and regulations.

concerning any of

5.
The Republic of Turkey 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
Turkey participates, 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 Turkey shall take appropriate measures to
ensure that EU classified information is protected in accordance
security regulations,
with the European Union Council's
contained in Council Decision 2001/264/EC of 19 March
2001 (1), 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.
If the EU receives classified information from the Republic
of Turkey, that information shall be given protection appro-
priate to its classification and according to the standards estab-
lished in the regulations for EU classified information.

3. Where the EU and the Republic of Turkey 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 an EU crisis management operation.

SECTION II

PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS
MANAGEMENT OPERATIONS

Article 5

Personnel seconded to an EU civilian crisis management
operation

1.
The Republic of Turkey shall ensure that its personnel
seconded to the EU civilian 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,

— the Operation Plan,

— implementing measures.

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

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

2005/952/EC (OJ L 346, 29.12.2005, p. 18).

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Personnel seconded to the EU civilian crisis management
3.
operation shall undergo a medical examination, vaccination and
be certified medically fit for duty by a competent authority from
the Republic of Turkey. 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 Turkey 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.

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.

The Head of Mission shall

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

5.
The Republic of Turkey shall have the same rights and
obligations in 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

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

8.
The decision to end the operation shall be taken by the
European Union, following consultation with the Republic of
Turkey, provided that the Republic of Turkey is still contri-
buting to the EU civilian crisis management operation at the
date of termination of the operation.

Article 7

Financial aspects

1.
The Republic of Turkey shall assume all the costs asso-
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 Turkey shall, when its liability has been estab-
lished, 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

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

The financial contribution of the Republic of Turkey to
the

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

(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

(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.

Notwithstanding paragraphs 1 and 2,

the Republic of
3.
Turkey 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.

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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 Turkey on the contri-
butions of the Republic of Turkey 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

The Republic of Turkey shall ensure that its forces and
1.
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,

— the Operation Plan,

— implementing measures.

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

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

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 Turkey 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.

Article 12

Contribution to the common costs

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

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

The Republic of Turkey shall

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

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

Article 10

Chain of command

(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

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

(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.

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

the total personnel of

Notwithstanding paragraph 1, the European Union shall,
3.
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.

An arrangement shall be concluded between the Admin-
in Decision 2004/197/CFSP, and the
the Republic of
inter alia, provisions

4.
istrator provided for
competent
Turkey. This arrangement shall
on:

authorities of

administrative

include,

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 subject to review not later than 1

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

(a)

the amount concerned;

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

This Agreement may be amended on the basis of mutual

3.
written agreement between the Parties.

(c)

the auditing procedure.

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 Turkey.

This Agreement may be denounced by one Party by
4.
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.

Done at Brussels, on the twenty-ninth day of June in the year
two thousand and six, in the English language in four copies.

For the European Union

For the Republic of Turkey

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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 the
Republic of Turkey participates will endeavour, insofar as their internal legal systems so permit, to waive as
far as possible claims against the Republic of Turkey 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 Turkey 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 Turkey, 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 Turkey using those assets.’

Declaration by the Republic of Turkey:
‘The Republic of Turkey 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 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.’