CELEX: 22012A0621(01)
Language: en
Date: 2012-04-18 00:00:00
Title: Agreement between the European Union and New Zealand establishing a framework for the participation of New Zealand in European Union crisis management operations

L 160/2                EN                                Official Journal of the European Union                                        21.6.2012
                                                                      AGREEMENT
               between the European Union and New Zealand establishing a framework for the participation of
                                     New Zealand in European Union crisis management operations
               THE EUROPEAN UNION (EU),
               of the one part, and
               NEW ZEALAND
               of the other part,
               hereinafter referred to as the ‘Parties’,
               WHEREAS:
               (1)    The European Union 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. New Zealand 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 New Zealand.
               (3)    Conditions regarding the participation of New Zealand in EU crisis management operations should be laid down
                      in an Agreement establishing a framework for such possible future participation, rather than defining these
                      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 New Zealand to participate in an EU crisis
                      management operation.
               (5)    Such an Agreement should only address EU crisis management operations and should be without prejudice to any
                      existing agreements regulating the participation of New Zealand in an EU crisis management operation that has
                      been already deployed,
               HAVE AGREED AS FOLLOWS:
                               SECTION I                                                                     Article 2
                      GENERAL PROVISIONS                                                                   Framework
                                Article 1                                        1.    New Zealand shall associate itself with the Council
                                                                                 Decision by which the Council of the European Union
            Decisions relating to the participation                              decides that the EU will conduct the crisis management oper­
1.    Following the decision of the European Union to invite                     ation, and with any other decision by which the Council of the
New Zealand to participate in an EU crisis management oper­                      European Union decides to extend the EU crisis management
ation, and once New Zealand has decided to participate, New                      operation, in accordance with the provisions of this Agreement
Zealand shall provide information on its proposed contribution                   and any required implementing arrangements.
to the European Union.
                                                                                 2.    The participation of New Zealand in an EU crisis
                                                                                 management operation shall be without prejudice to the
                                                                                 decision-making autonomy of the European Union.
2.    The European Union shall provide New Zealand with an
early indication of the likely contribution to the common costs
of the operation as soon as possible with a view to assisting
New Zealand in the formulation of its offer.                                     3.    Paragraph 1 does not affect the right of New Zealand to
                                                                                 withdraw from participation in an EU crisis management
                                                                                 operation if it does not agree with a Decision referred to in
                                                                                 that paragraph.
3.    The assessment by the European Union of New Zealand’s
proposed contribution shall be conducted in consultation with                                                Article 3
New Zealand.
                                                                                                 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
4.    The European Union shall communicate the outcome of                        EU military crisis management operation by New Zealand shall
that assessment to New Zealand by letter in a timely fashion                     be governed by the agreement on the status of forces/mission, if
with a view to securing the participation of New Zealand in                      available, concluded between the European Union and the
accordance with the provisions of this Agreement.                                State(s) in which the operation is conducted.
 ---pagebreak--- 21.6.2012               EN                         Official Journal of the European Union                                           L 160/3
2.     The status of personnel contributed to headquarters or              3.     Where the EU and New Zealand have concluded an
command elements located outside the State(s) in which the                 agreement on security procedures for the exchange of classified
EU crisis management operation takes place, shall be                       information, the provisions of such an agreement shall apply in
governed by arrangements between the headquarters and                      the context of an EU crisis management operation.
command elements concerned and New Zealand.
                                                                                                        SECTION II
3.     Without prejudice to the agreement on the status of                 PROVISIONS       ON PARTICIPATION IN CIVILIAN             CRISIS
forces/mission referred to in paragraph 1, and subject to any                                 MANAGEMENT OPERATIONS
bilateral or multilateral agreements in force, in cases where the
forces of New Zealand operate on board a vessel or aircraft of                                           Article 5
an EU Member State, the latter State shall exercise jurisdiction in
                                                                           Personnel seconded to an EU civilian crisis management
accordance with its internal laws and procedures.
                                                                                                        operation
                                                                           1.     New Zealand shall ensure that its personnel seconded to
4.     New Zealand shall be responsible for answering any                  the EU civilian crisis management operation undertake their
claims linked to its participation in an EU crisis management              mission in accordance with:
operation, from or concerning any of its personnel. New
Zealand shall be responsible for bringing any action, in
particular legal or disciplinary, against any of its personnel in          (a) the Council Decision and subsequent amendments as
accordance with its laws and regulations.                                       referred to in Article 2(1);
                                                                           (b) the Operation Plan;
5.     The Parties agree to waive any and all claims (other than
contractual claims) against each other for damage to, loss, or
destruction of assets owned/operated by either Party, or injury            (c) implementing measures.
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            2.     New Zealand shall inform in due time the Head of
wilful misconduct.                                                         Mission of the EU civilian crisis management operation (‘Head
                                                                           of Mission’) and the High Representative of the Union for
                                                                           Foreign Affairs and Security Policy (‘HR’) of any change to its
6.     New Zealand undertakes to make a declaration as regards             contribution to the EU civilian crisis management operation.
the waiver of claims against any State participating in an EU
crisis management operation in which New Zealand partici­
pates, and to do so when signing this Agreement.                           3.     Personnel seconded to the EU civilian crisis management
                                                                           operation shall undergo a medical examination, vaccination as
                                                                           may be deemed necessary by the competent New Zealand auth­
                                                                           orities, and be certified medically fit for duty by a competent
7.     The European Union undertakes to ensure that European
                                                                           authority from New Zealand. Personnel seconded to the EU
Union Member States make a declaration as regards the waiver
                                                                           civilian crisis management operation shall produce a copy of
of claims, for any future participation of New Zealand in an EU
                                                                           that certification.
crisis management operation, and to do so when signing this
Agreement.
                                                                                                         Article 6
                               Article 4                                                          Chain of command
                       Classified information                              1.     Personnel seconded by New Zealand shall carry out their
                                                                           duties and conduct themselves solely with the interests of the
1.     New Zealand shall take appropriate measures to ensure               EU civilian crisis management operation in mind.
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                       2.     All personnel shall remain under the full command of
security rules for protecting EU classified information (1), and           their national authorities.
in accordance with further guidance issued by competent auth­
orities, including the EU Operation Commander concerning an
EU military crisis management operation or by the EU Head of               3.     National authorities shall transfer operational control to
Mission concerning an EU civilian crisis management operation.             the European Union.
                                                                           4.     The Head of Mission shall assume responsibility and
2.     If the EU receives classified information from New                  exercise command and control of the EU civilian crisis
Zealand, that information shall be given protection appropriate            management operation at theatre level.
to its classification and equivalent to the standards established in
the regulations for EU classified information.
                                                                           5.     The Head of Mission shall lead the EU civilian crisis
(1) OJ L 141, 27.5.2011, p. 17.                                            management operation and assume its day-to-day management.
 ---pagebreak--- L 160/4                EN                         Official Journal of the European Union                                        21.6.2012
6.     New Zealand shall have the same rights and obligations in          4.     Notwithstanding paragraph 1, the European Union shall,
terms of day-to-day management of the operation as European               in principle, exempt New Zealand from financial contributions
Union Member States taking part in the operation, in                      to a particular EU civilian crisis management operation when:
accordance with the legal instruments referred to in Article 2(1).
                                                                          (a) the European Union decides that New Zealand’s partici­
7.     The EU civilian crisis management operation Head of                     pation in the operation provides a significant contribution
Mission shall be responsible for disciplinary control over EU                  which is essential for this operation; or
civilian crisis management operation personnel. Where
required, disciplinary action shall be taken by the national              (b) New Zealand has a GNI per capita which does not exceed
authority concerned.                                                           that of any Member State of the European Union.
                                                                          5.     An arrangement on the payment of the contributions of
8.     A National Contingent Point of Contact (NPC) shall be              New Zealand to the operational budget of the EU civilian crisis
appointed by New Zealand to represent its national contingent             management operation shall be signed between the EU civilian
in the operation. The NPC shall report to the EU civilian crisis          crisis management operation Head of Mission and the relevant
management operation Head of Mission on national matters                  administrative services of New Zealand. That arrangement shall,
and shall be responsible for day-to-day discipline of the                 inter alia, include the following provisions:
contingent.
                                                                          (a) the amount concerned;
9.     The decision to end the operation shall be taken by the
European Union, following consultation with New Zealand if it             (b) the arrangements for payment of the financial contribution;
is still contributing to the EU civilian crisis management                     and
operation at the date of termination of the operation.
                                                                          (c) the auditing procedure.
                              Article 7
                                                                                                       SECTION III
                         Financial aspects
                                                                          PROVISIONS       ON PARTICIPATION IN MILITARY             CRISIS
1.     New Zealand shall assume all the costs associated with its                            MANAGEMENT OPERATIONS
participation in the operation apart from the running costs, as
set out in the operational budget of the operation. This shall be                                       Article 9
without prejudice to Article 8.                                           Participation in the EU military crisis management
                                                                                                       operation
2.     In case of death, injury, loss or damage to natural or legal
persons from the State(s) in which the operation is conducted,            1.     New Zealand shall ensure that its forces and personnel
issues of possible liability and compensation by New Zealand              participating in the EU military crisis management operation
shall be governed by the conditions foreseen in the applicable            undertake their mission in accordance with:
status of mission agreement referred to in Article 3(1) or any
applicable alternative arrangements.                                      (a) the Council Decision and subsequent amendments as
                                                                               referred to in Article 2(1);
                              Article 8                                   (b) the Operation Plan; and
               Contribution to operational budget
                                                                          (c) implementing measures.
1.     New Zealand shall contribute to the financing of the
budget of the EU civilian crisis management operation.                    2.     New Zealand shall inform the EU Operation Commander
                                                                          in due time of any change to its participation in the operation.
2.     The financial contribution of New Zealand to the oper­
ational budget shall be calculated on the basis of either of the                                        Article 10
following formulae, whichever produces the lower amount:                                         Chain of command
(a) the share of the reference amount which is in proportion to           1.     All forces and personnel participating in the EU military
     the ratio of New Zealand’s GNI to the total GNIs of all              crisis management operation shall remain under the full
     States contributing to the operational budget of the oper­           command of their national authorities.
     ation; or
                                                                          2.     Personnel seconded by New Zealand shall carry out their
                                                                          duties and conduct themselves solely with the interest of the EU
(b) the share of the reference amount for the operational                 military crisis management operation in mind.
     budget which is in proportion to the ratio of the number
     of personnel from New Zealand participating in the                   3.     National authorities shall transfer the Operational and
     operation to the total number of personnel of all States             Tactical command and/or control of their forces and
     participating in the operation.                                      personnel to the EU Operation Commander, who is entitled
                                                                          to delegate his authority.
3.     Notwithstanding paragraphs 1 and 2, New Zealand shall
not make any contribution towards the financing of per diem               4.     New Zealand shall have the same rights and obligations in
allowances paid to personnel of the European Union Member                 terms of the day-to-day management of the operation as partici­
States.                                                                   pating European Union Member States.
 ---pagebreak--- 21.6.2012             EN                           Official Journal of the European Union                                              L 160/5
5.     The EU Operation Commander may, following consul­                   contributions to the common costs of a particular EU military
tations with New Zealand, at any time request the withdrawal               crisis management operation when:
of New Zealand’s contribution.
                                                                           (a) the European Union decides that New Zealand’s partici­
6.     A Senior Military Representative (SMR) shall be appointed                pation in the operation provides a significant contribution
by New Zealand to represent its national contingent in the EU                   to assets and/or capabilities which are essential for the oper­
military crisis management operation. The SMR shall consult                     ation; or
with the EU Force Commander on all matters affecting the
operation and shall be responsible for the day-to-day discipline           (b) New Zealand has a GNI per capita which does not exceed
of contingent of New Zealand.                                                   that of any Member State of the European Union.
                                                                           4.     An arrangement shall be concluded between the Adminis­
                              Article 11
                                                                           trator provided for in Decision 2008/975/CFSP establishing a
                         Financial aspects                                 mechanism to administer the financing of the common costs of
                                                                           EU operations having military or defence implications, and the
1.     Without prejudice to Article 12 of this agreement, New              competent administrative authorities of New Zealand. That
Zealand shall assume all the costs associated with its partici­            arrangement shall include inter alia provisions on:
pation in the operation unless the costs are subject to common
funding as provided for in the legal instruments referred to in            (a) the amount concerned;
Article 2(1) of this Agreement, as well as in Council Decision
2008/975/CFSP (1) establishing a mechanism to administer the               (b) the arrangements for payment of the financial contribution;
financing of the common costs of EU operations having                           and
military or defence implications.
                                                                           (c) the auditing procedure.
2.     In case of death, injury, loss or damage to natural or legal
persons from the State(s) in which the operation is conducted,                                         SECTION IV
issues of possible liability and compensation by New Zealand
shall be governed by the conditions foreseen in the applicable                                     FINAL PROVISIONS
status of forces agreement referred to in Article 3(1) or any                                           Article 13
applicable alternative arrangements.
                                                                                    Arrangements to implement the Agreement
                              Article 12                                   Without prejudice to the provisions of Articles 12(4) and 8(5),
               Contribution to the common costs                            any necessary technical and administrative arrangements in
                                                                           pursuance of the implementation of this Agreement shall be
1.     New Zealand shall contribute to the financing of the                concluded between the High Representative of the Union for
common costs of the EU military crisis management operation.               Foreign Affairs and Security Policy, and the appropriate auth­
                                                                           orities of New Zealand.
2.     The financial contribution of New Zealand to the
common costs shall be calculated on the basis of either of                                              Article 14
the following two formulae, whichever produces the lower                                            Non-compliance
amount:
                                                                           Should one of the Parties fail to comply with its obligations
(a) the share of the common costs which is in proportion to                under this Agreement, the other Party shall have the right to
     the ratio of New Zealand’s GNI to the total GNIs of all               terminate this Agreement by serving notice of one month.
     States contributing to the common costs of the operation;
     or                                                                                                 Article 15
                                                                                                  Dispute settlement
(b) the share of the common costs which is in proportion to
                                                                           Disputes concerning the interpretation or application of this
     the ratio of the number of personnel from New Zealand
                                                                           Agreement shall be settled by diplomatic means between the
     participating in the operation to the total number of
                                                                           Parties.
     personnel of all States participating in the operation.
                                                                                                        Article 16
Where the formula under point (b) of the first subparagraph is
used and New Zealand contributes personnel only to the                                              Entry into force
Operation or Force Headquarters, the ratio used shall be that              1.     This Agreement shall enter into force on the first day of
of its personnel to that of the total number of the respective             the first month after the Parties have notified each other of the
headquarters personnel. In other cases, the ratio shall be that of         completion of the internal procedures necessary for this
all personnel contributed by New Zealand to that of the total              purpose.
personnel of the operation.
                                                                           2.     This Agreement shall be reviewed upon the request of
3.     Notwithstanding paragraph 1 above, the European Union               either Party.
shall, in principle, exempt New Zealand from financial
                                                                           3.     This Agreement may be amended on the basis of a mutual
(1) OJ L 345, 23.12.2008, p. 96.                                           written agreement between the Parties.
 ---pagebreak--- L 160/6         EN                         Official Journal of the European Union                                 21.6.2012
        4.    This Agreement maybe 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.
        Done at Brussels, this eighteenth day of April in the year two thousand and twelve.
                      For the European Union                                     For New Zealand
 ---pagebreak--- 21.6.2012         EN                         Official Journal of the European Union                                      L 160/7
                                         DECLARATION BY THE EU MEMBER STATES
          The EU Member States applying an EU Council Decision of an EU crisis management operation in which
          New Zealand participates will endeavour, insofar as their internal legal systems so permit, to waive as far as
          possible claims against New Zealand 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 New Zealand 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 New Zealand, 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 New Zealand using those assets.
                                              DECLARATION BY NEW ZEALAND
          New Zealand, when applying an EU Council Decision of an EU crisis management operation, will
          endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any
          EU Member 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:
          (a) 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
          (b) 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.