Agreement between the European Union and the Russian Federation on the participation of the Russian Federation in the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA)
Date: 2008-11-05
Institutions: European Union, Russia
Subjects: Central African Republic, Chad, EU military mission, Russia, agreement (EU), forces abroad, military cooperation

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Official Journal of the European Union

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

AGREEMENT

THE EUROPEAN UNION (EU),

of the one part, and

THE RUSSIAN FEDERATION

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

— the United Nations Security Council Resolution 1778 (2007) of 25 September 2007 authorising the EU to deploy

forces in the Republic of Chad and in the Central African Republic,

— 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 (EUFOR Tchad/RCA),

— 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
and 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, both as amended by Political and Security Committee Decision CHAD/3/2008 of 14 May 2008,

WHEREAS:

(1)

(2)

(3)

The Secretary General of the Council of the EU/High Representative for the Common Foreign and Security Policy,
by letter of 7 December 2007, invited the Russian Federation to consider a possible participation in the EU
operation in Chad and in the Central African Republic.

The Russian Federation expressed its willingness to consider a possible participation by letter dated 23 April 2008.

The Secretary General of the Council of the EU/High Representative for the Common Foreign and Security Policy
and the Minister of Foreign Affairs of the Russian Federation issued a joint statement on 29 April 2008 on mutual
cooperation in crisis management operations,

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

The Russian Party shall participate in the operation
1.
conducted by the European Union under the UN Security
Council Resolution 1778 (2007) and in accordance with Joint
Action 2007/677/CFSP of 15 October 2007 on the European
Union military operation in the Republic of Chad and in the
(hereinafter
Central African Republic
referred to as the EU operation) and the operation plan of
18 January 2008 by providing the military contingent of the
military forces of the Russian Federation (hereinafter referred to

(EUFOR Tchad/RCA)

for

the Russian military contingent)

as
the purpose of
supporting the EU operation by way of air transportation,
subject to any implementing conditions set up in the implemen­
ting arrangements referred to in Article 6 of this Agreement. Air
transportation shall be performed using the aircrafts of
the
Russian military contingent for the purposes of securing the
lives and safety of European Union-led Forces (EUFOR) and
the United Nations Mission in the Central African Republic
through the transport of
and Chad (MINURCAT) personnel
transport of cargo, and
EUFOR and MINURCAT personnel,
search and rescue work with respect
to the EUFOR and
MINURCAT personnel.

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The contribution by the Russian Party to the EU operation
2.
shall be without prejudice to the decision-making autonomy of
the European Union.

The Russian Party shall ensure that the Russian military

3.
contingent undertakes its mission in accordance with:

— Joint Action 2007/677/CFSP referred to in paragraph 1 of

this Article,

— any implementing arrangements to be agreed by both

Parties.

The personnel of

4.
the Russian military contingent will
apply the Rules of Engagement of the EU operation so far as
they do not conflict with the Russian legislation. Possible
caveats/restrictions to the Rules of Engagement set by the
Russian Party will be officially specified for the EU Operation
Commander.

The Russian military contingent shall carry out its duties
in accordance with the objectives and
the EU operation as provided for in the UN

5.
and conduct
mandate of
Security Council Resolution 1778 (2007).

itself

the Russian military contingent. The
military personnel of
Russian Party shall be responsible for bringing any action, in
particular
the military
personnel of
in accordance
with its laws and regulations.

legal or disciplinary, against any of
the Russian military contingent,

5.
The European Union undertakes to ensure that Member
States make a declaration as regards the waiver of claims against
the Russian Federation for the participation of
the Russian
Federation in the EU operation, and shall do so when signing
this Agreement. This declaration is annexed to this Agreement.

The Russian Party undertakes

6.
to make a declaration
regarding the waiver of claims against any State participating
in the EU operation, and shall do so when signing this
Agreement. This declaration is annexed to this Agreement.

The status of

7.
the personnel contributed to the EU
operation headquarters in Paris (France) shall be governed by
arrangements between the competent authorities of the French
Republic and the Russian Federation.

Article 3

Classified information

The Russian Party may withdraw its contribution at any
6.
time, either at the request of the EU Operation Commander or
following consultations
by decision of
between the Parties. The Russian Party shall
inform the EU
Operation Commander in due time of any change to its parti­
cipation in the EU operation.

the Russian Party,

1.
The Russian Party shall protect any EU classified infor­
the EU
mation provided to it within the framework of
operation in accordance with the requirements for protecting
classified information as established in the legislation of the
Russian Federation. To this end, the security classifications of
the Parties shall correspond as follows:

Article 2

Status of forces

1.
The status of the Russian military contingent shall be
governed by the Agreements on the status of forces in force
between the European Union and the Republic of Chad, the
Central African Republic, the Republic of Cameroon, upon its
arrival in the area of operation.

2. Without prejudice to the agreements on the status of
forces referred to in paragraph 1 of this Article, the Russian
Party shall exercise jurisdiction over
the Russian military
contingent.

A representative of the Russian Party shall take part in the
in any claims involving the
in the status of

3.
procedures for
Russian military contingent provided for
forces agreements referred to in paragraph 1 of this Article.

the settlement

4.
claims linked to the participation of
contingent

The Russian Party shall be responsible for settling any
the Russian military
from or concerning the

in the EU operation,

EU

SECRET UE

Russian Federation

СОВЕРШЕННО СЕКРЕТНО

CONFIDENTIEL UE

СЕКРЕТНО

The Russian Federation restriction marking ‘ДЛЯ СЛУЖЕБНОГО
ПОЛЬЗОВАНИЯ’ shall correspond to the EU security classifi­
cation RESTREINT UE.

The Russian Party shall take all appropriate measures to
2.
in the
ensure that EU classified information provided to it
framework of the EU operation is protected to an equivalent
level to that required by the basic principles and minimum
standards for the protection of EU classified information that
are applied in the EU, namely the Russian Party:

— shall not use the classified information released to it for
purposes other than those for which that classified infor­
mation has been released by the EU,

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— shall not disclose such information to third parties without

the prior written consent of the EU,

— shall ensure that access to classified information released to
for whom
it will be authorised only for
knowledge of
this information is necessary in order to
perform their official duties and, where the information is
classified CONFIDENTIEL UE or higher, who have a security
clearance,

individuals

— shall ensure that, before being given access to classified
information, all individuals who require access to such infor­
mation are briefed on and comply with the requirements of
the protective security regulations relevant to the classifi­
cation of the information they are to access,

— shall ensure that all premises, areas, buildings, offices,
rooms, communication and information systems in which
classified information and documents are stored and/or
handled are protected by appropriate physical
security
measures,

this
mission as described in Article 1, paragraph 1 of
Agreement, upon arrival of the Russian military contingent in
the area of operations. When planning an air task order or any
other decision which will have implications for the Russian
military contingent, full coordination with the Senior Military
Representatives of
the Russian military contingent shall be
ensured. The Russian Federation shall have the same rights
and obligations in terms of
the day-to-day management of
the operation as participating EU Member States.

3.
Senior Military Representatives shall be appointed by the
Russian Party to represent the Russian military contingent in
EUFOR, both in the EU operation headquarters in Paris (France)
and the EU force headquarters in Abéché (Chad). Each Senior
Military Representative may have assistance. The Senior Military
Representatives shall consult with the EU chain of command on
all matters
contingent
affecting EUFOR. The day-to-day
discipline shall be the responsibility of
the Commanding
Officer of the Russian military contingent.

Article 5

Financial aspects

— shall ensure that the classified documents released to it are,

on their receipt, recorded in a special register,

1.
The Russian Party shall assume all the costs associated
with its participation in the EU operation unless the costs are
subject to common funding as specified in the implementing
arrangements referred to in Article 6 of this Agreement.

— shall notify the EU of any case of actual or suspected breach
or compromise of the classified information released to it. In
initiate investigations
such a case, the Russian Party shall
and take appropriate measures to prevent a recurrence.

Taking into account the level of classification, the classi­
3.
fied information shall be forwarded via diplomatic channels,
secure mail services or personal carriage.

4. Where the EU and the Russian Federation have concluded
an agreement on the protection of classified information, the
provisions of that agreement shall apply in the context of the
EU operation.

Article 4

Chain of command

The Russian military contingent shall remain under the

1.
full command of the Russian Party.

2.
Operation Commander
Russian Military Contingent

The Russian competent authorities shall delegate to the
to the
the

the ability to assign tasks

for the accomplishment of

2.
EUFOR Tchad/RCA will provide logistic support to the
Russian military contingent on a cost reimbursement basis
under
implementing
provided
arrangements referred to in Article 6 in this Agreement.

conditions

the

the

in

The EU shall exempt the Russian Party from any financial

3.
contribution to the common costs.

Compensation in the event of death,

4.
loss or
damage to natural or legal persons from the State(s) in which
the EU operation is conducted, will be managed in accordance
with the provisions of
forces
referred to in Article 2(1) of this Agreement.

the Agreements on status of

injury,

5.
Administrative management of expenditure as specified in
the implementing arrangements referred to in Article 6 of this
Agreement shall be entrusted to the EU mechanism that admin­
isters the common costs and the nation borne costs in the
operation.

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Article 6

Arrangements to implement the Agreement

The participation of the Russian Party in the EU operation shall
be implemented in accordance with technical and administrative
modalities contained in arrangements implementing the present
Agreement to be concluded by the Ministry of Defence of the
Russian Federation and the EU Operation Commander.

Article 7

Non-compliance

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

Article 8

Dispute settlement

application of

Disputes between the Parties concerning the interpretation
1.
implementing
or
arrangements shall be settled by the relevant authorities of the
Parties at the appropriate level or by diplomatic means.

this Agreement

and its

Any financial claims or disputes,

that have not been
2.
resolved in accordance with paragraph 1 of this Article, may
be submitted to a mutually agreed conciliator or mediator.

Any claims or disputes which have failed to be settled by such
conciliation or mediation may be submitted by either Party to
an arbitration tribunal. Each Party appoints one arbitrator to the
arbitration tribunal. The two arbitrators so appointed shall
appoint a third arbitrator, who will be the Chairman. Where
one of the Parties fails to appoint an arbitrator within two
months from the receipt of the other Parties notification of

submitting the dispute to the arbitration tribunal or where no
agreement can be found, within two months
from their
appointment, between the two arbitrators on the appointment
of the third arbitrator, either Party may ask the President of the
International Court of Justice to make an appointment. Where
the President of the International Court of Justice is a national
of either Party or is unable to discharge the said function for
any other reason, the necessary appointments shall be made by
the next most senior Member of the International Court of
Justice who is not a national of either Party. The arbitration
tribunal shall decide ex aequo et bono. The arbitrators have no
authority to award punitive damages. The arbitrators shall agree
on the procedures for arbitration. The seat of the arbitration
shall be in Brussels and the language of the arbitration shall be
English. The arbitral award shall contain a statement of reasons
on which it is based and is accepted by the Parties as the final
adjudication of
the dispute. Each Party shall bear its own
expenses, and all common costs shall be shared between the
Parties in equal parts.

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.

3.
This Agreement shall remain in force for the duration of
the Russian Party’s contribution to the EU operation. Termin­
ation of this Agreement shall not affect any rights or obligations
arising out of the execution of this Agreement before such
termination.

Done at Brussels on 5 November 2008 in two copies, each in the English and Russian
languages, both texts being equally authentic.

For the European Union

For the Russian Federation

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ANNEX

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, in
so far as their internal legal systems so permit, to waive and to answer as far as possible claims against the Russian
Federation for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the
EU operation if such injury, death, damage or loss:

— was caused by personnel from the Russian Federation in the execution of their duties in connection with the EU

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

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

Declaration by the Russian Federation:

‘The Russian Federation contributing to the European Union military operation in the Republic of Chad and in the Central
African Republic (Operation EUFOR Tchad/RCA) conducted in accordance with Joint Action 2007/677/CFSP of
15 October 2007, 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 operation for injury, death of its personnel, or damage to, or loss of, any
assets owned by itself and used by the EU operation if such injury, death, damage or loss:

— was caused by personnel in the execution of their duties in connection with the EU 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 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
operation personnel using those assets.’