Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) - Declarations
Date: 2006-07-03
Institutions: European Union, North Macedonia
Subjects: Bosnia and Herzegovina, EU military mission, North Macedonia, agreement (EU), military intervention, peacekeeping, the EU's international role

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Official Journal of the European Union

11.7.2006

between the European Union and the former Yugoslav Republic of Macedonia on the participation
of the former Yugoslav Republic of Macedonia 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 FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

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 former Yugoslav Republic of Macedonia to participate in the EU-led operation,

— the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation

of the former Yugoslav Republic of Macedonia'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/8/2006 of 15 March 2006 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

without prejudice to the decision-making autonomy of
European Union.

the

The

former Yugoslav Republic of Macedonia

1.
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 extend
the EU military crisis management operation,
in accordance
with the provisions of this Agreement and any required imple-
menting arrangements.

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

— Joint Action 2004/570/CFSP and possible

subsequent

amendments,

The contribution of

the former Yugoslav Republic of
2.
Macedonia to the EU military crisis management operation is

— the Operation Plan,

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

BiH/8/2006 (OJ L 96, 5.4.2006, p. 14).

— implementing measures.

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

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

Article 2

Status of forces

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

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
former Yugoslav Republic of Macedonia.

3. Without prejudice to the provisions on the status of forces
referred to in paragraph 1, the former Yugoslav Republic of
Macedonia shall
forces and
personnel participating in the EU military crisis management
operation.

jurisdiction over

exercise

its

Article 3

Classified information

1.
The former Yugoslav Republic of Macedonia shall take
appropriate measures to ensure that EU classified information
is protected in accordance with the European Union Council's
security
Decision
2001/264/EC of 19 March 2001 (1), and in accordance with
including
further guidance issued by competent authorities,
the EU Operation Commander.

regulations,

contained

Council

in

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

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

4.
The former Yugoslav Republic of Macedonia shall be
responsible for answering any claims linked to participation
in the EU military crisis management operation,
from or
concerning any of
forces and personnel. The former
Yugoslav Republic of Macedonia 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.

its

5.
The former Yugoslav Republic of Macedonia 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.

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

The former Yugoslav Republic of Macedonia shall have
3.
the same rights and obligations in terms of the day-to-day
management of
the operation as participating European
Union Member States.

4.
The EU Operation Commander may, following consul-
tations with the former Yugoslav Republic of Macedonia, at
the former Yugoslav
any time request
Republic of Macedonia's contribution.

the withdrawal of

5.
A Senior Military Representative (SMR) shall be appointed
by the former Yugoslav Republic of Macedonia to represent its
in the EU military crisis management
national contingent
consult with the EU Force
operation. The SMR shall
Commander on all matters affecting the operation and shall
be responsible for day-to-day contingent discipline.

(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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Article 5

Financial aspects

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
this
completion of
purpose.

the internal procedures necessary for

This Agreement shall be provisionally applied from the

2.
date of signature.

3.
This Agreement shall remain in force for the duration of
the former Yugoslav Republic of Macedonia's contribution to
the operation.

Done at Brussels, on 30 June 2006 in the English language in
four copies.

For the
European Union

For the former Yugoslav Republic
of Macedonia

1.
The former Yugoslav Republic of Macedonia 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
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).

instruments referred to in Article 1(1) 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 former Yugoslav Republic of Macedonia shall, when its
liability has been established, pay compensation under the
if
conditions foreseen in the provisions on status of forces,
available, as referred to in 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
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 former Yugoslav Republic of Macedonia.

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.

(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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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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia, 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 former Yugoslav Republic of
Macedonia using those assets.’

Declaration by the former Yugoslav Republic of Macedonia:
‘The former Yugoslav Republic of Macedonia associating itself with 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 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 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:

— 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.’