Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)
Date: 2008-07-13
Institutions: Albania, European Union
Subjects: Albania, Central African Republic, Chad, EU military mission, agreement (EU), forces abroad, military cooperation

13.8.2008

EN

Official Journal of the European Union

L 217/19

between the European Union and the Republic of Albania on the participation of the Republic of
Albania in the European Union military operation in the Republic of Chad and in the Central
African Republic (Operation EUFOR Tchad/RCA)

AGREEMENT

THE EUROPEAN UNION (EU),

of the one part, and

THE REPUBLIC OF ALBANIA,

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 2007/677/CFSP of 15 October 2007 on the
European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR
Tchad/RCA),

— the invitation to the Republic of Albania 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 Albania's forces in the EU-led
operation,

— the Political and Security Committee Decision CHAD/1/2008 of 13 February 2008 on the acceptance of third States'
contributions to the European Union military operation in the Republic of Chad and in the Central African
Republic (1),

— the Political and Security Committee Decision CHAD/2/2008 of 18 March 2008 on the setting up of the Committee
of contributors for the European Union military operation in the Republic of Chad and in the Central African
Republic (2),

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

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

1.
The Republic of Albania shall associate itself with Joint
Action 2007/677/CFSP of 15 October 2007 on the European
Union military operation in the Republic of Chad and in the
Central African Republic (Operation EUFOR Tchad/RCA) 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 implementing arrangements.

— Joint Action 2007/677/CFSP and possible

subsequent

amendments,

2.
The contribution by the Republic of Albania to the EU
military crisis management operation shall be without prejudice
to the decision-making autonomy of the European Union.

— the Operation Plan,

(1) OJ L 56, 29.2.2008, p. 64. Decision as amended by Decision

CHAD/3/2008 (OJ L 144, 4.6.2008, p. 82).

(2) OJ L 107, 17.4.2008, p. 60. Decision as amended by Decision

CHAD/3/2008.

— any implementing measures.

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Official Journal of the European Union

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

accordance with the security regulations of the Council of the
European Union, as set out in the Annex to 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.

5.
The Republic of Albania shall inform the EU Operation
Commander in due time of any change in its participation in
the operation.

Article 2

Status of forces

1.
The status of the forces and personnel contributed to the
EU military crisis management operation by the Republic of
Albania shall be governed by the provisions on the status of
forces, if available, agreed between the European Union and the
States concerned.

2. Where the European Union and the Republic of Albania
have concluded an agreement on security procedures for the
exchange of classified information,
that
agreement shall apply in the context of the EU military crisis
management operation.

the provisions of

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

The status of the forces and personnel contributed to
2.
headquarters or
the
Republic of Chad and the Central African Republic shall be
governed by arrangements between the headquarters and
command elements concerned and the Republic of Albania.

command elements

located outside

National authorities shall
command and/or

2.
Tactical
personnel
Operation Commander
authority.

to the

forces
EU Operation Commander. The

transfer the Operational and
and
EU
entitled to delegate his

control of

shall be

their

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

The Republic of Albania shall have the same rights and
the

3.
obligations in terms of
operation as participating EU Member States.

the day-to-day management of

shall be

responsible

The Republic of Albania

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

The Republic of Albania undertakes to make a declaration
5.
regarding 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 regarding the waiver of claims, for the
participation of the Republic of Albania in the EU military crisis
management operation, and to do so when signing this
Agreement.

Article 3

Classified information

The EU Operation Commander may at

any time,
4.
following consultations with the Republic of Albania, request
the withdrawal of the Republic of Albania's contribution.

A Senior Military Representative (hereinafter referred to as
5.
shall be appointed by the Republic of Albania to
SMR)
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

Article 5

Financial aspects

to common funding as provided for

1.
The Republic of Albania shall assume all the costs asso­
ciated with its participation in the operation unless the costs are
subject
in the legal
instruments referred to in Article 1(1) of this Agreement and
in Council Decision 2007/384/CFSP of 14 May 2007 estab­
lishing a mechanism to administer
the
common costs of European Union operations having military
or defence implications (Athena) (2).

the financing of

1.
The Republic of Albania shall take appropriate measures
to ensure that EU classified information is protected in

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

2007/438/EC (OJ L 164, 26.6.2007, p. 24).

(2) OJ L 152, 13.6.2007, p. 14.

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In the event of death, injury, loss or damage to natural or
2.
legal persons from the State(s)
in which the operation is
conducted, the Republic of Albania shall, when its liability has
been established, pay compensation under the conditions laid
down in the provisions on the status of forces, if available, as
referred to in Article 2(1) of this Agreement.

Article 8

Dispute settlement

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

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 Albania.

Article 7

Non-compliance

Should one of the Parties fail to comply with its obligations as
laid down in Articles 1 to 6, the other Party shall have the right
to terminate this Agreement by serving a notice of one month.

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 be applied provisionally from the

2.
date of signature.

This Agreement shall remain in force for the duration of

3.
the Republic of Albania's contribution to the operation.

Done at Paris, on 13 July 2008 in the English language in four
copies.

For the European Union

For the Republic of Albania

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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 Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military
operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) will endeavour,
insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Albania 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 Albania in the execution of their duties in connection with the EU

crisis management operation, except in the event of gross negligence or wilful misconduct, or,

— arose from the use of any assets owned by the Republic of Albania, provided that the assets were used in connection
with the operation and except in the event of gross negligence or wilful misconduct of EU crisis management
operation personnel from the Republic of Albania when using those assets.’

Declaration by the Republic of Albania:

‘The Republic of Albania, associating itself with Joint Action 2007/677/CFSP of 15 October 2007 on the European Union
military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA), 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 the event 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 the event of gross negligence or wilful
misconduct of the EU crisis management operation personnel when using those assets.’