AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF PERU ESTABLISHING A FRAMEWORK FOR THE PARTICIPATION OF THE REPUBLIC OF PERU IN EUROPEAN UNION CRISIS MANAGEMENT OPERATIONS
Date: 2022-10-14
Institutions: European Union, Peru
Subjects: Peru, agreement (EU), common foreign and security policy, crisis management




L_2022292EN.01001401.xml










11.11.2022   


EN


Official Journal of the European Union


L 292/14







AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF PERU ESTABLISHING A FRAMEWORK FOR THE PARTICIPATION OF THE REPUBLIC OF PERU IN EUROPEAN UNION CRISIS MANAGEMENT OPERATIONS


THE EUROPEAN UNION (the "Union" or the "EU")
of the one part, and
THE REPUBLIC OF PERU ("Peru")
of the other part,

hereinafter jointly referred to as the "Parties",


ACKNOWLEDGING that in the framework of its common security and defence policy, the Union may decide to undertake crisis management operations which may include the tasks set out in Articles 42(1) and 43(1) of the Treaty on European Union (1), as decided by the Council of the European Union (the "Council");
RECOGNISING the importance of world peace for the development of all States, and remaining committed to contributing towards maintaining peace and security in their respective neighbourhood and in the broader world, on the basis of the principles of the Charter of the United Nations;
CONSIDERING the commitment between the Parties to strengthen their cooperation in matters concerning security and defence, and recognising that the capabilities and abilities of the security forces of Peru could be used in EU crisis management operations;
DESIROUS of setting down general conditions regarding the participation of Peru in EU crisis management operations 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;
CONSIDERING that this Agreement should be without prejudice to the decision-making autonomy of the Union, and should not prejudge the case-by-case nature of the decision by Peru to participate in an EU crisis management operation;
WHEREAS the Union will decide whether third States will be invited to participate in an EU crisis management operation. Peru may accept the invitation by the Union and offer its contribution. In such a case, the Union will decide on the acceptance of the proposed contribution;

HAVE AGREED AS FOLLOWS:



SECTION I


GENERAL PROVISIONS



Article 1

Decisions relating to participation


1.   Following the decision of the Union to invite Peru to participate in an EU crisis management operation, Peru shall, in the implementation of this Agreement, communicate the decision of its competent authority regarding its participation, including its proposed contribution, to the Union.


2.   The Union shall provide Peru with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting Peru in the formulation of its offer.


3.   The assessment by the Union of the contribution proposed by Peru shall be conducted in consultation with the latter.


4.   The Union shall communicate the outcome of its assessment and decision on the contribution proposed by Peru to Peru in writing, with a view to securing the participation of Peru, in accordance with this Agreement.


5.   The contribution proposed by Peru pursuant to paragraph 1, and its acceptance by the Union pursuant to paragraph 4, shall constitute the basis for the application of this Agreement to each specific EU crisis management operation.


6.   Peru may, on its own initiative or at the request of the Union, and following consultations between the Parties, withdraw wholly or in part, at any time, from participation in an EU crisis management operation.



Article 2

Framework


1.   Peru shall associate itself with the relevant decision by which the Council decides that the Union will conduct a crisis management operation, and with any further decisions by which the Council decides to extend a crisis management operation, in accordance with this Agreement and any required implementing arrangements.


2.   The contribution of Peru to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the Union.



Article 3

Status of personnel and forces of Peru


1.   The status of personnel seconded to an EU civilian crisis management operation and that of personnel and forces contributed to an EU military crisis management operation by Peru shall be governed by the relevant status of forces agreement or status of mission agreement, if such agreement is concluded, or by any other arrangement between the Union and the State(s) in which the operation is conducted. Peru shall be informed thereof.


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 the competent authorities of Peru.


3.   Without prejudice to the status-of-forces agreement or status-of-mission agreement referred to in paragraph 1, Peru shall exercise jurisdiction over its personnel participating in the EU crisis management operation. Where the forces of Peru operate on board a vessel or aircraft of a Member State of the Union, that Member State may exercise jurisdiction subject to any existing or future agreements, and in accordance with its laws and regulations and with international law.


4.   Peru shall be responsible for answering any claims linked to its participation in an EU crisis management operation from, or concerning, any of its personnel and 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 or operated by either Party, or injury to or death of 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.   Peru undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which Peru participates, and to do so when signing this Agreement.


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



Article 4

Classified information


1.   Peru shall take appropriate measures to ensure that EU classified information is protected in accordance with the Council security rules for protecting EU classified information as contained in Council Decision 2013/488/EU (2), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander in the case of an EU military crisis management operation, or the EU Head of Mission in the case of an EU civilian crisis management operation.


2.   Where the Parties conclude an agreement on security procedures for the exchange of classified information, that agreement shall apply in the context of an EU crisis management operation.




SECTION II


PROVISIONS ON PARTICIPATION IN EU CIVILIAN CRISIS MANAGEMENT OPERATIONS



Article 5

Personnel seconded to an EU civilian crisis management operation


1.   Peru shall:






(a)


ensure that its personnel seconded to an EU civilian crisis management operation undertake their mission in accordance with:






(i)


the relevant Council decision and subsequent amendments thereto as referred to in Article 2(1);










(ii)


the Operation Plan;










(iii)


any applicable implementing arrangements;










(iv)


any applicable policy for EU civilian crisis management operations;














(b)


inform the EU Civilian Operation Commander in due time of any change to its contribution to the EU civilian crisis management operation.






2.   Personnel seconded by Peru to an EU civilian crisis management operation shall undergo a medical examination, be vaccinated and be certified medically fit for duty by the competent authority of Peru, and shall produce a copy of that certification.


3.   Personnel seconded by Peru shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind, while adhering to the highest standards of behaviour set out in the policies applicable to EU civilian crisis management operations.



Article 6

Chain of command


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


2.   National authorities shall transfer operational control to the EU Civilian Operation Commander.


3.   The EU Civilian Operation Commander shall assume responsibility and exercise command and control of the EU civilian crisis management operation at strategic level.


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


5.   Peru shall have the same rights and obligations in terms of day to day management of the operation as the Member States of the Union taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).


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


7.   A National Contingent Point of Contact ("NPOC") shall be appointed by Peru to represent its national contingent in the EU civilian crisis management operation. The NPOC shall report to the EU Head of Mission on national matters and shall be responsible for the day-to-day discipline of the contingent of Peru.


8.   The decision to end the EU civilian crisis management operation shall be taken by the Union, following consultation with Peru if Peru is still contributing to that operation at the date of its termination.



Article 7

Financial aspects


1.   Without prejudice to Article 8, Peru shall assume all the costs associated with its participation in an EU civilian crisis management operation apart from the running costs, as set out in the operational budget of the operation.


2.   In the event of the death of, injury to, the loss of or damage to natural or legal persons from the State(s) in which the EU civilian crisis management operation is conducted, issues of possible liability and compensation by Peru shall be governed by the conditions set out in the applicable status-of-mission agreement referred to in Article 3(1) or any alternative applicable provisions.



Article 8

Contribution to the operational budget


1.   Subject to paragraph 4 of this Article, where Peru has decided to participate in an EU civilian crisis management operation in accordance with Article 1(5), Peru shall contribute to the financing of the operational budget of the EU civilian crisis management operation concerned.


2.   The contribution referred to in paragraph 1 shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:






(a)


the share of the reference amount for the operational budget which is in proportion to the ratio of Peru's gross national income (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 Peru participating in the operation to the total number of personnel of all States participating in the operation.






3.   Notwithstanding paragraphs 1 and 2, Peru shall not make any contribution towards the financing of per diem allowances paid to personnel of the Member States of the Union.


4.   Notwithstanding paragraph 1, the Union shall, in principle, exempt Peru from financial contributions to a particular EU civilian crisis management operation where:






(a)


the Union considers that Peru provides a significant contribution which is essential for that operation; or










(b)


Peru has a GNI per capita which does not exceed that of any Member State of the Union.






5.   Subject to paragraph 1, any arrangement on the payment of the contributions of Peru to the operational budget of an EU civilian crisis management operation shall be entered into between the competent authorities of the Parties and shall, inter alia, include provisions on:






(a)


the amount of the financial contribution concerned;










(b)


the arrangements for payment of the financial contribution; and










(c)


the auditing procedure.








SECTION III


PROVISIONS ON PARTICIPATION IN EU MILITARY CRISIS MANAGEMENT OPERATIONS



Article 9

Participation in an EU military crisis management operation


1.   Peru shall:






(a)


ensure that its forces and personnel participating in an EU military crisis management operation undertake their mission in accordance with:






(i)


the relevant Council decision and subsequent amendments thereto as referred to in Article 2(1);










(ii)


the Operation Plan;










(iii)


any applicable implementing arrangements; and










(iv)


any applicable policy for EU military crisis management operations;














(b)


inform the EU Operation Commander in due time of any change to its participation in the EU military crisis management operation.






2.   Personnel seconded by Peru shall carry out their duties and conduct themselves solely with the interests of the EU military crisis management operation in mind, while adhering to the highest standards of behaviour set out in the policies applicable to EU military crisis management operations.



Article 10

Chain of command


1.   All forces and personnel participating in an EU military crisis management operation shall remain under the full command of their national authorities. Operational command shall be exercised by the Peruvian Armed Forces officer designated for that purpose.


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


3.   Peru shall have the same rights and obligations in terms of the day-to-day management of the EU military crisis management operation as the Member States of the Union taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).


4.   The EU Operation Commander may, following consultations with Peru, at any time request the withdrawal of the contribution by Peru.


5.   A senior military representative ("SMR") shall be appointed by Peru to represent its national 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 the contingent of Peru.


6.   The terms used in this Section III shall be applied in accordance with the European Union Military Committee's EUMC Glossary of Acronyms and Definitions – Revision 2019.



Article 11

Financial aspects


1.   Without prejudice to Article 12, Peru shall assume all the costs associated with its participation in the EU military crisis management 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 (CFSP) 2021/509 (3).


2.   In the event of the death of, injury to, the loss of or damage to natural or legal persons from the State(s) in which the EU military crisis management operation is conducted, issues of possible liability and compensation by Peru shall be governed by the conditions set out in the applicable status of forces agreement referred to in Article 3(1) or any applicable alternative provisions.



Article 12

Contribution to the common costs


1.   Subject to paragraph 3 of this Article, where Peru has decided to participate in an EU military crisis management operation in accordance with Article 1(5), Peru shall contribute to the financing of the common costs of the EU military crisis management operation concerned.


2.   The contribution referred to in paragraph 1 shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:






(a)


the share of the common costs which is in proportion to the ratio of Peru'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 Peru participating in the operation to the total number of personnel of all States participating in the operation.




Where the formula under point (b) is used, and Peru contributes personnel to the Operation or Force Headquarters only, the ratio used shall be that of its personnel to the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by Peru to the total personnel of the operation.


3.   Notwithstanding paragraph 1, the Union shall, in principle, exempt Peru from financial contributions to a particular EU military crisis management operation where:






(a)


the Union considers that Peru provides a significant contribution which is essential for this operation; or










(b)


Peru has a GNI per capita which does not exceed that of any Member State of the Union.






4.   Subject to paragraph 1, any arrangements for the payment of the contributions of Peru to the common costs shall be entered into between the competent authorities of the Parties and shall, inter alia, include provisions on:






(a)


the amount of the financial contribution concerned;










(b)


the arrangements for payment of the financial contribution; and










(c)


the auditing procedure.








SECTION IV


FINAL PROVISIONS



Article 13

Arrangements to implement the Agreement

Without prejudice to 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 competent authorities of the Parties.


Article 14

Competent authorities

For the purposes of this Agreement, and unless otherwise notified to the Union, the competent authorities of Peru shall be the Ministry of Foreign Affairs.


Article 15

Non-compliance

Should either Party fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by providing one month's written notice.


Article 16

Dispute settlement

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


Article 17

Entry into force, duration and termination


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 legal procedures necessary for the entry into force of this Agreement.


2.   This Agreement shall be reviewed upon the request of either Party.


3.   This Agreement may be amended on the basis of a mutual written agreement between the Parties. The amendments shall enter into force in accordance with the procedure laid down in paragraph 1.


4.   This Agreement may be terminated by either Party by written notice of termination given to the other Party. Such termination shall take effect six months after receipt of notification by the other Party.
IN WITNESS WHEREOF, the undersigned, duly authorised to this effect, have signed this Agreement.






Done at Brussels, on 14 October 2022, in duplicate in the English and Spanish languages, both texts being equally authentic.


For the European Union

Josep BORRELL FONTELLES
            



For the Republic of Peru

César RODRIGO LANDA ARROYO
            





(1)  Published on 30 March 2010 in the Official Journal of the European Union, C 83, Volume 53.

(2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting of EU classified information (OJ L 274, 15.10.2013, p. 1).

(3)  Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 (OJ L 102, 24.3.2021, p. 14).





DECLARATION BY THE MEMBER STATES OF THE UNION APPLYING A COUNCIL DECISION ON AN EU CRISIS MANAGEMENT OPERATION IN WHICH THE REPUBLIC OF PERU PARTICIPATES, REGARDING THE WAIVER OF CLAIMS


            "The Member States of the Union applying a Council decision on an EU crisis management operation in which Peru participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible any claims against Peru for injury to, or death of, their personnel or damage to, or loss of, any assets owned by them and used by the EU crisis management operation if such injury, death, damage or loss:






—


was caused by personnel, contributed by Peru to an EU crisis management operation, in the execution of their duties in connection with that operation, except in the case of gross negligence or wilful misconduct; or










—


arose from the use of any assets owned by Peru, provided that the assets were used in connection with the EU crisis management operation, except in the case of gross negligence or wilful misconduct by personnel contributed by Peru to that operation, using those assets.".










DECLARATION BY THE REPUBLIC OF PERU REGARDING THE WAIVER OF CLAIMS AGAINST ANY STATE PARTICIPATING IN EU CRISIS MANAGEMENT OPERATIONS


            "Peru, having agreed to participate in an EU crisis management operation, will endeavour, insofar as its internal legal system so permits, to waive as far as possible any claims against any State participating in the EU crisis management operation for injury to, or death of, its personnel or damage to, or loss of, any assets owned by it and used by the EU crisis management operation if such injury, death, damage or loss:






—


was caused by personnel contributed by any State participating in the EU crisis management operation, in the execution of their duties in connection with that operation, except in the 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 that operation, except in the case of gross negligence or wilful misconduct by EU crisis management operation personnel using those assets.".