Council Decision 2007/91/CFSP of 12 February 2007 amending Decision 2004/197/CFSP establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena)
Date: 2007-02-12
Institutions: Council of the European Union
Subjects: EU financing, common foreign and security policy, management

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2007/91/CFSP

of 12 February 2007

amending Decision 2004/197/CFSP establishing a mechanism to administer the financing of the
common costs of European Union operations having military or defence implications (Athena)

THE COUNCIL OF THE EUROPEAN UNION,

2. Article 2(1) shall be replaced by the following:

Having regard to the Treaty on European Union, and in
particular Articles 13(3) and 28(3) thereof,

A mechanism to administer the financing of

‘1.
common costs of operations is hereby established.’;

the

Whereas:

3. Article 7(1) shall be replaced by the following:

(1)

(2)

(3)

On 23 February 2004 the Council adopted Decision
2004/197/CFSP (1).

Article 42 of Decision 2004/197/CFSP, provides that that
Decision, including its Annexes, is to be reviewed after
every operation and at least every 18 months.

The Council decides on a case-by-case basis whether an
operation has military or defence implications, within the
meaning of Article 28(3) of the Treaty,

HAS DECIDED AS FOLLOWS:

‘1.
The Secretary-General of the Council, after informing
the Special Committee, shall appoint the administrator and
at least one deputy administrator for a period of three
years.’;

4. The second sentence of Article 10(5) shall be deleted;

5. The Title of Chapter 3 shall be replaced by following:

‘CHAPTER 3

ADMINISTRATIVE ARRANGEMENTS WITH MEMBER
STATES, EU INSTITUTIONS, THIRD STATES AND INTER-
NATIONAL ORGANISATIONS’;

Article 1

6. The following Articles shall be inserted in Chapter 3:

Decision 2004/197/CFSP is hereby amended as follows:

‘Article 10a

1. The following shall be added to Article 1:

Administrative arrangements with Member States or
EU institutions

‘(c) “operations”

shall mean the EU operations having

military or defence implications;

(d) “military supporting actions”

shall mean the EU
operations, or parts thereof, decided by the Council in
support of a third State or a third organisation, which
have military or defence implications, but which are not
under the authority of EU Headquarters.’;

at

in operations

1.
Administrative arrangements may be negotiated with
Member States or EU institutions in order to facilitate
economical
procurement
conditions. These arrangements shall take the form of an
exchange of
letters between Athena represented by the
operation commander or, where there is no operation
commander, the administrator, and the competent admin-
istrative authorities of the Member States or EU institutions
concerned.

the most

(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).

The Special Committee shall be consulted before any

2.
such arrangement is signed.

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Article 10b

11. Article 23(1), (2) and (3) shall be replaced by the following:

Administrative arrangements with a third State or an
international organisation

An administrative arrangement may be negotiated
1.
with a third State or an international organisation in
order notably to facilitate procurement in theatre at the
most economical conditions taking into account oper-
take the
ational constraints. These arrangements
form of an exchange of letters between Athena, represented
by the operation commander or, where there is no
operation
the
the
competent administrative authorities of the third State or
the international organisation concerned.

administrator,

commander,

shall

and

Any such arrangement shall be submitted to the

2.
Special Committee for approval before it is signed.’;

7. The following paragraph shall be inserted in Article 14:

‘3a.
During the active phase of a military supporting
action, as determined by the Council, Athena shall bear
as operational common costs the common costs defined
by the Council on a case-by-case basis by reference to
Annex III.’;

‘1.
Payment appropriations to cover the common costs
incurred in preparation for, or further to, operations which
are not covered by miscellaneous revenue shall be financed
by contributions from the participating Member States.

Payment appropriations

2.
the operational
common costs of an operation shall be covered by contri-
butions from the Member States and third States contri-
buting to the operation.

to cover

the

The

contributing
3.
contributions payable by
to the
Member States for an operation shall be equal
amount of
the payment appropriations entered in the
budget and intended to cover the operational common
costs of that operation, minus the amounts of the contri-
butions payable for the same operation by contributing
third States pursuant to Article 11.’;

12. Article 24(1) shall be deleted;

8. The first sentence of Article 18(3) shall be replaced by the

13. The following paragraph shall be added to Article 24:

following:

‘3.
The commitment and payment appropriations shall
be classified in titles and chapters grouping expenditure
together by type or purpose, subdivided as necessary into
articles.’;

9. The second sentence of Article 20(1) shall be replaced by

the following:

‘8.
The
contributions.’;

administrator

shall

acknowledge

receipt of

14. Article 25 shall be amended as follows:

(a)

the third sentence of paragraph 3 shall be deleted;

‘The administrator shall inform the Special Committee of
insofar as the urgency of the situation
his/her intention,
permits, at least one week in advance.’;

(b) the following paragraph shall be added:

10. Article 22 shall be replaced by the following:

‘Article 22

Anticipated implementation

Once the annual budget has been approved, appropriations
may be used to cover commitments and payments insofar
as operationally necessary.’;

in

paid

anticipation

contributions

‘9. Where funds are required for an operation before
sufficient contributions to that operation have been
received,
by
Member States which contribute to financing that
operation, after approval by the anticipating Member
States, may be used up to 50 % of their amount to
cover contributions due to that operation. The contri-
butions paid in anticipation shall be replenished by the
anticipating Member States within 90 days following
despatch of the call.’;

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15. The first sentence of Article 31(4), shall be replaced by the

following:

‘4.
During the period prior to the adoption of a budget
for an operation,
the administrator and the operation
commander or his/her representative shall report to the
Special Committee every month, each reporting on the
matters
expenses
which are eligible as common costs for that operation.’;

concerning him/her, as

regards

the

16. Article 37 shall be amended as follows:

(a) paragraph (3) shall be deleted;

(b) the second sentence of first subparagraph of paragraph

4 shall be replaced by the following:

‘Each year, the Special Committee shall appoint as of
1 January of the following year two members for a
from candidates
three-year period,
renewable once,
proposed
Special
Committee may extend a member's mandate by up to
six months.’;

the Member

States.

The

by

(c) point

(d) of paragraph 4 shall be replaced by the

following:

‘(d)

they shall check during the financial year as well as
ex post, through controls on the spot as well as on
supporting documents, that expenditure financed
or pre-financed through Athena is implemented
in accordance with the legislation applicable and
the principles of sound financial management, i.e.
in accordance with the principles of economy,
effectiveness
internal
controls are adequate.’;

and efficiency, and that

(d) the first sentence of second subparagraph of paragraph

4 shall be replaced by the following:

‘Each year, the College of Auditors shall elect to change
or extend its chairman from amongst its members.’;

17. Article 38(1) and (2) shall be replaced by the following:

‘1.
Each operation commander shall provide Athena's
accounting officer by 31 March following the end of the
financial year, or within four months following the end of
the operation which he commands, whichever is the earlier,
with the necessary information to establish the annual
accounts for common costs, the annual accounts for expen-
diture pre-financed and reimbursed pursuant to Article 27
and the annual activity report.

The

assistance of

administrator, with the

the
2.
accounting officer and each operation commander, shall
establish and provide to the Special Committee and the
College of auditors, by 30 April following the end of the
the provisional annual accounts and the
financial year,
annual activity report.

2a
The Special Committee shall be provided by 31 July
following the end of the financial year, by the College of
Auditors with an annual audit report and by the adminis-
trator, assisted by the accounting officer and each operation
final annual accounts. The
commander, with Athena's
examine by 30 September
Special Committee
following the
the annual
accounts in the light of the College's audit report, with a
view to granting a discharge to the administrator,
the
accounting officer and each operation commander.’;

financial year

end of

shall

the

18. The first sentence of Article 38(8) shall be replaced by the

following:

‘8.
Each Member State participating in an operation shall
provide on a voluntary basis information by 31 March each
year to the administrator where appropriate through the
Operation Commander, on the incremental costs it has
incurred for the operation during the previous financial
year.’;

19. Article 41 shall be deleted;

20. Annex I shall be amended as follows:

(a)

the items ‘1. Auditing costs’ and ‘4. Banking costs’ shall
be deleted;

(b) the following subparagraph shall be added:

general part of

‘The
shall
the
furthermore include appropriations, where necessary,
to cover the following common costs in operations
to the financing of which the participating Member
States contribute:

budget

annual

1. Banking costs

2. Auditing costs

3. Common costs relative to the preparatory phase of

an operation as defined at Annex II.’;

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21. Annex III, Part III-A shall be amended as follows:

(a) point 2 and 3 shall be replaced by the following:

‘2. Incremental costs incurred for providing support to the force as a whole:

The costs defined below are those incurred as a consequence of the force deployment to its
location:

(a) works for deployment/infrastructure:

expenditure absolutely needed for the force as a
whole to fulfil its mission (common used airport,
railway, harbours, roads, including points of disem-
barkation and forward assembly areas; power and
storage
water
facilities, parking lots; engineering support);

force protection,

supply,

static

(b) identification marking:

“European Union”
specific identification marks,
identity cards, badges, medals,
flags in European
Union colours or other Force or HQ identification
marking (excluding clothes, hats or uniforms);

(c) medical services:

emergency medical evacuations (Medevac).

3. Incremental costs incurred by EU recourse to NATO common assets and capabilities made

available for an EU-led operation.

The cost for the European Union of the application for one of its military operations of the
arrangements between the EU and NATO relating to release, monitoring and return or recall of
NATO common assets and capabilities made available for an EU-led operation. Reimbursements
by NATO to the EU.’;

(b) the following point shall be added:

‘4.

Incremental costs incurred by the EU for goods, services or works included in the list of
common costs and made available in an EU-led operation by a Member State, an EU insti-
tution, a third State or an international organisation pursuant to an arrangement referred to at
Articles 10-a and 10-b. Reimbursements by a state, an EU institution or an international
organisation based on such an arrangement.’;

22. The following items shall be added to Annex III, Part III-B:

‘Multinational task force headquarters:

the multinational headquarters of EU task forces deployed in
the area of operation

Acquisition of information:

acquisition of information (satellite images; theatre level intel-
ligence, reconnaissance and surveillance (ISR), including Air-
to-Ground Surveillance (AGSR); human intelligence)’;

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23. The following Part shall be inserted in Annex III:

‘III-C

Operational common costs borne by Athena when requested by the Operation Commander and
approved by the Special Committee

(a) essential additional equipment: the rental or purchase in the course of the operation of unforeseen
specific equipment essential for the execution of the operation, insofar as the purchased equipment
is not repatriated at the end of the mission;

(b) medical services: Roles 1, 2 and 3 facilities in theatre;

(c) acquisition of information: acquisition of information (satellite images; theatre level

intelligence,
reconnaissance and surveillance (ISR), including Air-to-Ground Surveillance (AGSR); human intel-
ligence);

(d) other critical theatre-level capabilities: theatre-level capabilities (demining within theatre insofar as
necessary to the operation; chemical, biological, radiological and nuclear protection (CBRN); fuel
storage and supply facilities; storage and destruction of arms and ammunitions collected within the
area of operation), in accordance with the Joint Action.’

This Decision shall enter into force on the day of its adoption.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Article 3

Done at Brussels, 12 February 2007.

For the Council
The President

F.-W. STEINMEIER