HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"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.

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EN
21.6.2012 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.

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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.

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EN
21.6.2012 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.
Article 11
4. An
arrangement
shall
be
concluded
between
the
Adminis
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
the ratio of the number of personnel from New Zealand
Disputes concerning the interpretation or application of this
participating in the operation to the total number of
Agreement shall be settled by diplomatic means between the
personnel of all States participating in the operation.
Parties.
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.

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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

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EN
21.6.2012 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.

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