Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in the European Union crisis management operations
Date: 2015-11-04
Institutions: Bosnia and Herzegovina, European Union
Subjects: Bosnia and Herzegovina, EU military mission, agreement (EU), international cooperation, international dispute, settlement of disputes




L_2015288EN.01000401.xml










4.11.2015   


EN


Official Journal of the European Union


L 288/4








            AGREEMENT
         
between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in the European Union crisis management operations


THE EUROPEAN UNION
of the one part, and
BOSNIA AND HERZEGOVINA
of the other part,
hereinafter referred to as the ‘Parties’,
Whereas:







(1)


The European Union (EU) may decide to take action in the field of crisis management.












(2)


The European Union will decide whether third States will be invited to participate in an EU crisis management operation. Bosnia and Herzegovina 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 Bosnia and Herzegovina.












(3)


Conditions regarding the participation of Bosnia and Herzegovina in EU crisis management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.












(4)


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 Bosnia and Herzegovina to participate in an EU crisis management operation.












(5)


Such an Agreement should only address future EU crisis management operations and should be without prejudice to possible existing agreements regulating the participation of Bosnia and Herzegovina in an EU crisis management operation that has already been deployed,





HAVE AGREED AS FOLLOWS:



SECTION I


GENERAL PROVISIONS



Article 1

Decisions relating to the participation


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


2.   The assessment by the European Union of Bosnia and Herzegovina's contribution shall be conducted in consultation with Bosnia and Herzegovina.


3.   The European Union shall provide Bosnia and Herzegovina with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting Bosnia and Herzegovina in the formulation of its offer.


4.   The European Union shall communicate the outcome of this assessment to Bosnia and Herzegovina by a letter with a view to securing the participation of Bosnia and Herzegovina in accordance with the provisions of this Agreement.



Article 2

Framework


1.   Bosnia and Herzegovina shall associate itself with the Council Decision by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any other 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 Bosnia and Herzegovina to an EU crisis management operation shall be 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 Bosnia and Herzegovina 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.


2.   The status of personnel contributed to headquarters or 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 Bosnia and Herzegovina.


3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, Bosnia and Herzegovina shall exercise jurisdiction over its personnel participating in the EU crisis management operation. In cases where the forces of Bosnia and Herzegovina operate on board a vessel or aircraft of an EU Member State, the latter State shall exercise jurisdiction in accordance with its internal laws and procedures.


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


5.   The Parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss of, or destruction of assets owned/operated by either Party, or injury or death to personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.


6.   Bosnia and Herzegovina undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which Bosnia and Herzegovina participates, and to do so when signing this Agreement.


7.   The European Union undertakes to ensure that European Union Member States make a declaration as regards the waiver of claims, for any future participation of Bosnia and Herzegovina in an EU crisis management operation, and to do so when signing this Agreement.



Article 4

Classified information


1.   Bosnia and Herzegovina shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (1), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis management operation or by the EU Head of Mission concerning an EU civilian crisis management operation.


2.   Where the EU and Bosnia and Herzegovina 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 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.   Bosnia and Herzegovina shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with






(a)


the Council Decision and subsequent amendments as referred to in Article 2(1);










(b)


the Operation Plan;










(c)


implementing measures.






2.   Bosnia and Herzegovina shall inform in due time the EU civilian crisis management operation Head of Mission and the High Representative of the Union for Foreign Affairs and Security Policy Council of any change to its contribution to the EU civilian crisis management operation.


3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from Bosnia and Herzegovina. Personnel seconded to the EU civilian crisis management operation shall produce a copy of this certification.



Article 6

Chain of command


1.   Personnel seconded by Bosnia and Herzegovina shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.


2.   All personnel shall remain under the full command of their national authorities.


3.   National authorities shall transfer operational control to the European Union.


4.   The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.


5.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.


6.   Bosnia and Herzegovina 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).


7.   The EU civilian crisis management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.


8.   A National Contingent Point of Contact (‘NPC’) shall be appointed by Bosnia and Herzegovina 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.


9.   The decision to end the operation shall be taken by the European Union, following consultation with Bosnia and Herzegovina if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.



Article 7

Financial aspects


1.   Bosnia and Herzegovina shall assume all the costs associated with its participation in the operation apart from the running costs, 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, Bosnia and Herzegovina shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable status of mission agreement referred to in Article 3(1).



Article 8

Contribution to operational budget


1.   Bosnia and Herzegovina shall contribute to the financing of the budget of the EU civilian crisis management operation.


2.   The financial contribution of Bosnia and Herzegovina to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:






(a)


the share of the reference amount which is in proportion to the ratio of Bosnia and Herzegovina's GNI to the total GNIs of all States contributing to the operational budget of the operation;
or










(b)


the share of the reference amount for the operational budget which is in proportion to the ratio of the number of personnel from Bosnia and Herzegovina participating in the operation to the total number of personnel of all States participating in the operation.






3.   Notwithstanding paragraphs 1 and 2, Bosnia and Herzegovina 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 Bosnia and Herzegovina from financial contributions to a particular EU civilian crisis management operation when:






(a)


the European Union decides that Bosnia and Herzegovina provides a significant contribution which is essential for this operation;
or










(b)


Bosnia and Herzegovina has a GNI per capita which does not exceed that of any Member State of the European Union.






5.   An arrangement on the payment of the contributions of Bosnia and Herzegovina to the operational budget of the EU civilian crisis management operation shall be signed between the EU civilian crisis management operation Head of Mission and the relevant administrative services of Bosnia and Herzegovina. That 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


1.   Bosnia and Herzegovina shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in accordance with






(a)


the Council Decision and subsequent amendments as referred to in Article 2(1);










(b)


the Operation Plan;










(c)


implementing measures.






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


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



Article 10

Chain of command


1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.


2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.


3.   Bosnia and Herzegovina shall have 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 consultations with Bosnia and Herzegovina, at any time request the withdrawal of Bosnia and Herzegovina's contribution.


5.   A Senior Military Representative (SMR) shall be appointed by Bosnia and Herzegovina to represent the Bosnia and Herzegovina 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 the day-to-day discipline of Bosnia and Herzegovina contingent.



Article 11

Financial aspects


1.   Without prejudice to Article 12, Bosnia and Herzegovina 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), as well as in Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (2).


2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Bosnia and Herzegovina shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable status of forces agreement referred to in Article 3(1).



Article 12

Contribution to the common costs


1.   Bosnia and Herzegovina shall contribute to the financing of the common costs of the EU military crisis management operation.


2.   The financial contribution of Bosnia and Herzegovina to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:






(a)


the share of the common costs which is in proportion to the ratio of Bosnia and Herzegovina's GNI to the total GNIs of all States contributing to the common costs of the operation;
or










(b)


the share of the common costs which is in proportion to the ratio of the number of personnel from Bosnia and Herzegovina participating in the operation to the total number of personnel of all States participating in the operation.




Where the formula under point (b) of the first subparagraph is used and Bosnia and Herzegovina 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. In other cases, the ratio shall be that of all personnel contributed by Bosnia and Herzegovina to that of the total personnel of the operation.


3.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt Bosnia and Herzegovina from financial contributions to the common costs of a particular EU military crisis management operation when:






(a)


the European Union decides that Bosnia and Herzegovina provides a significant contribution to assets and/or capabilities which are essential for the operation;
or










(b)


Bosnia and Herzegovina has a GNI per capita which does not exceed that of any Member State of the European Union.






4.   An arrangement shall be concluded between the Administrator provided for in Council Decision 2011/871/CFSP, and the competent administrative authorities of Bosnia and Herzegovina. This arrangement shall include inter alia provisions on:






(a)


the amount concerned;










(b)


the arrangements for payment of the financial contribution;










(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 High Representative of the Union for Foreign Affairs and Security Policy, and the appropriate authorities of Bosnia and Herzegovina.


Article 14

Non-compliance

Should one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by serving 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 the internal procedures necessary for this purpose.


2.   This Agreement shall be provisionally applied from the date of signature.


3.   This Agreement shall be subject to regular review.


4.   This Agreement may be amended on the basis of a mutual written agreement between the Parties.


5.   This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.


6.   This Agreement shall be drawn up in duplicate in the English and Bosnian, Croatian, and Serbian languages, all texts being equally authentic. In event of dispute, the English version of this Agreement shall prevail.






Done at Brussels on the fifteenth day of September in the year two thousand and fifteen.
Sastavljeno u Briselu, dana petnaestog septembra dvijehiljadeipetnaeste godine.
Sačinjeno u Briselu, dana petnaestog rujna dvijetisućeipetnaeste godine.
Cacтaвљeно y Бриселy, дана пeтнaecтoг ceптeмбра двиjexиљaдeпeтнaecтe гoдинe.

For the European Union
Za Europsku uniju
Za Europsku uniju
За Европску униjу







For Bosnia and Herzegovina
Za Bosnu i Hercegovinu
Za Bosnu i Hercegovinu
За Босну и Херцеговину










(1)  
            OJ L 141, 27.5.2011, p. 17.

(2)  
            OJ L 343, 23.12.2011, p. 35.





TEXT FOR DECLARATIONS


Text for the EU Member States:


               ‘The EU Member States applying an EU Council Decision on an EU crisis management operation in which Bosnia and Herzegovina participates will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against Bosnia and Herzegovina 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 Bosnia and Herzegovina 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 Bosnia and Herzegovina, 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 Bosnia and Herzegovina using those assets.’.





Text for Bosnia and Herzegovina:


               ‘Bosnia and Herzegovina applying an EU Council Decision on an EU crisis management operation 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 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.’.