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EN
Official Journal of the European Union
12.1.2013
AGREEMENT
between the European Union and the Republic of Moldova establishing a framework for the
participation of the Republic of Moldova in European Union crisis management operations
THE EUROPEAN UNION (EU)
of the one part, and
THE REPUBLIC OF MOLDOVA
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,
including
peace-keeping
operations or humanitarian operations.
(2)
The European Union will decide whether third States will be invited to participate in an EU crisis management
operation. The Republic of Moldova may accept the invitation by the European Union and offer its contribution.
In such case, the European Union will decide on the acceptance of that proposed contribution.
(3)
Conditions regarding the participation of the Republic of Moldova 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 decision for the Republic of Moldova to participate in an EU
crisis management operation, in accordance with its legal system.
(5)
Such an agreement should only address future EU crisis management operations and should be without prejudice
to any existing agreements regulating the participation of the Republic of Moldova in an EU crisis management
operation that has already been deployed,
HAVE AGREED AS FOLLOWS:
SECTION I
Article 2
GENERAL PROVISIONS
Framework
Article 1
1. The
Republic
of
Moldova
shall
associate
itself
with
the
Council Decision by which the Council of the European
Decisions relating to the participation
Union decides that the EU will conduct the crisis management
1. Following the decision of the European Union to invite
operation, and with any other Decision by which the Council of
the Republic of Moldova to participate in an EU crisis
the European Union decides to extend the EU crisis
management operation, and once the Republic of Moldova
management operation, in accordance with the provisions of
has decided to participate, such State shall provide information
this Agreement and any required implementing arrangements.
on its proposed contribution to the European Union.
2. The
assessment
by
the
European
Union
of
proposed 2. The
contribution
of
the
Republic
of
Moldova
to
an
EU
contribution shall be conducted in consultation with the
crisis management operation shall be without prejudice to the
Republic of Moldova.
decision-making autonomy of the EU.
3. The
European
Union
shall
provide
the
Republic
of
Moldova with an early indication of the likely contribution to
Article 3
the common costs of the operation as soon as possible with a
view to assisting the Republic of Moldova in the formulation of
Status of personnel and forces
its offer.
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 the Republic of
that assessment to the Republic of Moldova by a letter with a
Moldova shall be governed by the agreement on the status of
view to securing its participation in accordance with the
forces/mission, if concluded, between the EU and the State(s) in
provisions of this Agreement.
which the operation is conducted.

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EN
12.1.2013 Official
Journal
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the
European
Union
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2. The
status
of
personnel
contributed
to
headquarters
or 2. Where the EU and the Republic of Moldova have
command elements located outside the State(s) in which the
concluded an agreement on security procedures for the
EU crisis management operation takes place, shall be
exchange of classified information, the provisions of such an
governed by arrangements between the headquarters and
agreement shall apply in the context of an EU crisis
command elements concerned and the competent authorities
management operation.
of the Republic of Moldova.
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, the Republic of
MANAGEMENT OPERATIONS
Moldova shall exercise jurisdiction over its personnel partici
Article 5
pating in the EU crisis management operation. In cases where
the forces of the Republic of Moldova operate on board a vessel
Personnel seconded to an EU civilian crisis management
or aircraft of an EU Member State, the latter State shall exercise
operation
jurisdiction in accordance with its internal laws and procedures.
1. The
Republic
of
Moldova:
4. The
Republic
of
Moldova
shall
be
responsible
for (a) shall ensure that its personnel seconded to the EU civilian
answering any claims linked to the participation in an EU
crisis management operation undertake their mission in
crisis management operation, from or concerning any of its
accordance with:
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.
— the Council Decision and subsequent amendments as
referred to in Article 2(1);
5. The
Parties
agree
to
waive
any
and
all
claims,
other
than
— the Operation Plan;
contractual claims, against each other for damage to, loss of, or
destruction of assets owned/operated by either Party, or injury
— 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
(b) shall inform in due time the Head of Mission of the EU
wilful misconduct.
civilian crisis management operation (hereinafter ‘Head of
Mission’) and the High Representative of the Union for
Foreign Affairs and Security Policy (‘HR’) of any change to
6. The Republic of Moldova undertakes to make a
its contribution to the EU civilian crisis management oper
declaration as regards the waiver of claims against any State
ation.
participating in an EU crisis management operation in which
the Republic of Moldova participates, and to do so when
2. Personnel
seconded
to
the
EU
civilian
crisis
management
signing this Agreement.
operation shall undergo a medical examination, vaccination and
be certified medically fit for duty by a competent authority from
the Republic of Moldova. Personnel seconded to the EU civilian
7. The
European
Union
undertakes
to
ensure
that
European crisis management operation shall produce a copy of that
Union Member States make a declaration as regards the waiver
certification.
of claims, for any future participation of the Republic of
Moldova in an EU crisis management operation, and to do so
when signing this Agreement.
Article 6
Chain of command
1. Personnel
seconded
by
the
Republic
of
Moldova
shall
Article 4
carry out their duties and conduct themselves solely with the
Classified information
interests of the EU civilian crisis management operation in
mind.
1. The
Republic
of
Moldova
shall
take
appropriate
measures
to ensure that EU classified information is protected in
accordance with the European Union Council’s security regu
2. All
personnel
shall
remain
under
the
full
command
of
lations, contained in Council Decision 2011/292/EU of
their national authorities.
31 March 2011 on the security rules for protecting EU clas
sified information ( 1 ), and in accordance with further guidance
3. National
authorities
shall
transfer
operational
control
to
issued by competent authorities, including the EU Operation
the Civilian Operation Commander of the European Union.
Commander concerning an EU military crisis management
operation or by the EU Head of Mission concerning an EU
civilian crisis management operation.
4. The
Civilian
Operation
Commander
shall
assume
respon
sibility and exercise command and control of the EU civilian
( 1 ) OJ L 141, 27.5.2011, p. 17.
crisis management operation at strategic level.

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L 8/4
EN
Official Journal of the European Union
12.1.2013
5. The
Head
of
Mission
shall
assume
responsibility
and financing of per diem allowances paid to personnel of the
exercise command and control of the EU civilian crisis
European Union Member States.
management operation at theatre level and assume its day-to-
day management.
4. Notwithstanding
paragraph
1,
the
European
Union
shall,
in principle, exempt the Republic of Moldova from financial
6. The
Republic
of
Moldova
shall
have
the
same
rights
and contributions to a particular EU civilian crisis management
obligations in terms of day-to-day management of the operation
operation when:
as European Union Member States taking part in the operation,
in accordance with the legal instruments referred to in
(a) the European Union decides that the Republic of Moldova
Article 2(1).
provides a significant contribution which is essential for this
operation; or
7. The Head of Mission shall be responsible for disciplinary
control over EU civilian crisis management operation personnel.
(b) the Republic of Moldova has a GNI per capita which does
Where required, disciplinary action shall be taken by the
not exceed that of any Member State of the European
national authority concerned.
Union.
8. A National Contingent Point of Contact (‘NPC’) shall be
5. An arrangement on the payment of the contributions of
appointed by the Republic of Moldova to represent its national
the Republic of Moldova to the operational budget of the EU
contingent in the operation. The NPC shall report to the Head
civilian crisis management operation shall be signed between
of Mission on national matters and shall be responsible for day-
the Head of Mission and the relevant administrative authorities
to-day discipline of the contingent.
of the Republic of Moldova. That arrangement shall, inter alia,
include the following provisions:
9. The decision to end the operation shall be taken by the
European Union, following consultation with the Republic of
(a) the amount concerned,
Moldova if it is still contributing to the EU civilian crisis
management operation at the date of termination of the oper
(b) the arrangements for payment of the financial contribution,
ation.
(c) the auditing procedure.
Article 7
SECTION III
Financial aspects
PROVISIONS ON PARTICIPATION IN MILITARY CRISIS
1. Without
prejudice
to
Article
8,
the
Republic
of
Moldova
MANAGEMENT OPERATIONS
shall assume all the costs associated with its participation in the
Article 9
operation apart from the running costs, as set out in the oper
ational budget of the operation.
Participation in the EU military crisis management
operations
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. The
Republic
of
Moldova
shall
ensure
that
its
forces
and
the Republic of Moldova shall, when its liability has been estab
personnel participating in the EU military crisis management
lished, pay compensation under the conditions foreseen in the
operation undertake their mission in accordance with:
applicable status of mission agreement referred to in
(a) the Council Decision and subsequent amendments as
Article 3(1).
referred to in Article 2(1),
Article 8
(b) the Operation Plan,
Contribution to operational budget
(c) implementing measures.
1. The
Republic
of
Moldova
shall
contribute
to
the
financing
of the operational budget of the EU civilian crisis management
2. Personnel
seconded
by
the
Republic
of
Moldova
shall
operation.
carry out their duties and conduct themselves solely with the
interest of the EU military crisis management operation in
2. Such
contribution
to
the
operational
budget
shall
be mind.
calculated on the basis of either of the following formulae,
whichever produces the lower amount:
3. The
Republic
of
Moldova
shall
inform
the
EU
Operation
Commander in due time of any change to its participation in
(a) the share of the reference amount which is in proportion to
the operation.
the ratio of the Republic of Moldova’s GNI to the total GNIs
of all States contributing to the operational budget of the
Article 10
operation; or
Chain of command
(b) the share of the reference amount for the operational
1. All
forces
and
personnel
participating
in
the
EU
military
budget which is in proportion to the ratio of the number
crisis management operation shall remain under the full
of personnel from the Republic of Moldova participating in
command of their national authorities.
the operation to the total number of personnel of all States
participating in the operation.
2. National
authorities
shall
transfer
the
Operational
and
Tactical command and/or control of their forces and
3. Notwithstanding
paragraphs
1
and
2,
the
Republic
of personnel to the EU Operation Commander, who is entitled
Moldova shall not make any contribution towards the
to delegate his authority.

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EN
12.1.2013 Official
Journal
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European
Union
L
8/5
3. The
Republic
of
Moldova
shall
have
the
same
rights
and 3. Notwithstanding
paragraph
1
above,
the
European
Union
obligations in terms of the day-to-day management of the
shall, in principle, exempt the Republic of Moldova from
operation as participating European Union Member States.
financial contributions to the common costs of a particular
EU military crisis management operation when:
4. The
EU
Operation
Commander
may,
following
consul
tations with the Republic of Moldova, at any time request the
(a) the European Union decides that the Republic of Moldova
withdrawal of the Republic of Moldova contribution.
provides a significant contribution to assets and/or capa
bilities which are essential for the operation; or
5. A
Senior
Military
Representative
(‘SMR’)
shall
be
appointed
by the Republic of Moldova to represent its national contingent
(b) the Republic of Moldova has a GNI per capita which does
in the EU military crisis management operation. The SMR shall
not exceed that of any Member State of the European
consult with the EU Force Commander on all matters affecting
Union.
the operation and shall be responsible for the day-to-day
4. An
arrangement
shall
be
concluded
between
the
Adminis
discipline of the Republic of Moldova contingent.
trator provided for in Council Decision 2011/871/CFSP and the
competent administrative authorities of the Republic of
Article 11
Moldova. This arrangement shall include, inter alia, provisions
Financial aspects
on:
1. Without
prejudice
to
Article
12
of
this
Agreement,
the (a) the amount concerned,
Republic of Moldova shall assume all the costs associated with
its participation in the operation unless the costs are subject to
(b) the arrangements for payment of the financial contribution,
common funding as provided for in the legal instruments
referred to in Article 2(1), as well as in Council Decision
(c) the auditing procedure.
2011/871/CFSP of 19 December 2011 establishing a
mechanism to administer the financing of the common costs
SECTION IV
of European Union operations having military or defence impli
cations (Athena) (
FINAL PROVISIONS

1 ).
Article 13
2. In case of death, injury, loss or damage to natural or legal
Arrangements to implement the Agreement
persons from the State(s) in which the operation is conducted,
the Republic of Moldova shall, when its liability has been estab
Without prejudice to the provisions of Articles 8(5) and 12(4)
lished, pay compensation under the conditions foreseen in the
any necessary technical and administrative arrangements in
applicable status of forces agreement referred to in Article 3(1).
pursuance of the implementation of this Agreement shall be
concluded between the appropriate authorities of the EU and
Article 12
the appropriate authorities of the Republic of Moldova.
Contribution to the common costs
Article 14
1. The
Republic
of
Moldova
shall
contribute
to
the
financing
Non-compliance
of the common costs of the EU military crisis management
operation.
Should one of the Parties fail to comply with its obligations
under this Agreement, the other Party shall have the right to
2. Such contribution to the common costs shall be
terminate this Agreement by sending written notice of one
calculated on the basis of either of the following two
month.
formulae, whichever produces the lower amount:
Article 15
(a) the share of the common costs which is in proportion to
Dispute settlement
the ratio of the Republic of Moldova’s GNI to the total GNIs
of all States contributing to the common costs of the oper
Disputes concerning the interpretation or application of this
ation; or
Agreement shall be settled by diplomatic means between the
Parties.
(b) the share of the common costs which is in proportion to
Article 16
the ratio of the number of personnel from the Republic of
Moldova participating in the operation to the total number
Entry into force
of personnel of all States participating in the operation.
1. This
Agreement
shall
enter
into
force
on
the
first
day
of
the first month after the Parties have notified each other of the
Where the formula under point (b) of the first subparagraph is
completion of the internal legal procedures necessary for its
used and the Republic of Moldova contributes personnel only to
entry into force.
the Operation or Force Headquarters, the ratio used shall be that
of its personnel to that of the total number of the respective
2. This
Agreement
shall
be
subject
to
regular
review.
headquarters personnel. In other cases, the ratio shall be that of
all personnel contributed by the Republic of Moldova that of
3. This
Agreement
may
be
amended
on
the
basis
of
a
mutual
the total personnel of the operation.
written agreement between the Parties. The amendments shall
enter into force in accordance with the procedure laid down in
( 1 ) OJ L 343, 23.12.2011, p. 35.
paragraph 1.

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L 8/6
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Official Journal of the European Union
12.1.2013
4. 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.
Done at Brussels, on the thirteenth day of December in the year two thousand and twelve, in the English
language in two copies.
For the European Union For
the
Republic
of
Moldova

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EN
12.1.2013 Official
Journal
of
the
European
Union
L
8/7
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 the Republic of Moldova participates will endeavour, insofar as their internal legal systems so
permit, to waive as far as possible claims against the Republic of Moldova for injury, death of their
personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis
management operation if such injury, death, damage or loss:
— was caused by personnel from the Republic of Moldova 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 the Republic of Moldova, 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 the Republic of Moldova using
those assets.’
Text for the Republic of Moldova:
‘The Republic of Moldova applying an EU Council Decision on an EU crisis management operation will
endeavour, insofar as its internal legal system so permit, 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.’

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Document Outline

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