HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 169/2
EN
Official Journal of the European Union
29.6.2012
AGREEMENT
between the European Union and the Republic of Albania establishing a framework for the
participation of the Republic of Albania in the European Union crisis management operations
THE EUROPEAN UNION,
of the one part, and
THE REPUBLIC OF ALBANIA
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. The Republic of Albania 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 the Republic of
Albania.
(3)
Conditions regarding the participation of the Republic of Albania 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 the Republic of Albania to participate in an EU
crisis management operation.
(5)
Such an agreement should only address future EU crisis management operations and should be without prejudice
to any existing agreements regulating the participation of the Republic of Albania 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
Albania
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 Albania to participate in an EU crisis
the European Union decides to extend the EU crisis
management operation, and once the Republic of Albania has
management operation, in accordance with the provisions of
decided to participate, the Republic of Albania shall provide
this Agreement and any required implementing arrangements.
information on its proposed contribution to the European
Union.
2. The contribution of the Republic of Albania to an EU
crisis management operation shall be without prejudice to the
2. The
assessment
by
the
European
Union
of
the
Republic
of decision-making autonomy of the European Union.
Albania’s contribution shall be conducted in consultation with
the Republic of Albania.
Article 3
Status of personnel and forces
3. The
European
Union
shall
provide
the
Republic
of
Albania
with an early indication of the likely contribution to the
1. The status of personnel seconded to an EU civilian crisis
common costs of the operation as soon as possible with a
management operation and/or of the forces contributed to an
view to assisting the Republic of Albania in the formulation
EU military crisis management operation by the Republic of
of its offer.
Albania shall be governed by the agreement on the status of
forces/mission, if available, concluded between the European
Union and the State(s) in which the operation is conducted.
4. The
European
Union
shall
communicate
the
outcome
of
that assessment to the Republic of Albania by a letter with a
view to securing the participation of the Republic of Albania in
2. The
status
of
personnel
contributed
to
headquarters
or
accordance with the provisions of this Agreement.
command elements located outside the State(s) in which the

---

EN
29.6.2012 Official
Journal
of
the
European
Union L
169/3
EU crisis management operation takes place, shall be governed
SECTION II
by arrangements between the headquarters and command
elements concerned and the Republic of Albania.
PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS
MANAGEMENT OPERATIONS
Article 5
3. Without prejudice to the agreement on the status of
Personnel seconded to an EU civilian crisis management
forces/mission referred to in paragraph 1, the Republic of
operation
Albania shall exercise jurisdiction over its personnel partici
pating in the EU crisis management operation.
1. The
Republic
of
Albania
shall
ensure
that
its
personnel
seconded to the EU civilian crisis management operation
undertake their mission in accordance with:
4. The
Republic
of
Albania
shall
be
responsible
for
answering any claims linked to the participation in an EU
(a) the Council Decision and subsequent amendments as
crisis management operation, from or concerning any of its
referred to in Article 2(1);
personnel. The Republic of Albania shall be responsible for
bringing any action, in particular legal or disciplinary, against
any of its personnel in accordance with its laws and regulations.
(b) the Operation Plan;
(c) implementing measures.
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
2. The
Republic
of
Albania
shall
inform
in
due
time
the
or death to personnel of either Party, arising out of the
Head of Mission of the EU civilian crisis management
performance of their official duties in connection with activities
operation (‘Head of Mission’) and the High Representative of
under this Agreement, except in the case of gross negligence or
the Union for Foreign Affairs and Security Policy (‘HR’) of
wilful misconduct.
any change to its contribution to the EU civilian crisis
management operation.
6. The
Republic
of
Albania
undertakes
to
make
a
declaration 3. Personnel
seconded
to
the
EU
civilian
crisis
management
as regards the waiver of claims against any State participating in
operation shall undergo a medical examination, vaccination and
an EU crisis management operation in which the Republic of
be certified medically fit for duty by a competent authority from
Albania participates, and to do so when signing this Agreement.
the Republic of Albania. Personnel seconded to the EU civilian
crisis management operation shall produce a copy of that
certification.
7. The
European
Union
undertakes
to
ensure
that
European
Union Member States make a declaration as regards the waiver
of claims, for any future participation of the Republic of
Article 6
Albania in an EU crisis management operation, and to do so
Chain of command
when signing this Agreement.
1. Personnel
seconded
by
the
Republic
of
Albania
shall
carry
out their duties and conduct themselves solely with the interests
of the EU civilian crisis management operation in mind.
Article 4
Classified information
2. All
personnel
shall
remain
under
the
full
command
of
1. The
Republic
of
Albania
shall
take
appropriate
measures their national authorities.
to ensure that EU classified information is protected in
accordance with the Council of the European Union’s security
regulations, contained in Council Decision 2011/292/EU of
3. National
authorities
shall
transfer
operational
control
to
31 March 2011 on the security rules for protecting EU clas
the European Union.
sified information ( 1 ) and in accordance with further guidance
issued by competent authorities, including the EU Operation
4. The Head of Mission shall assume responsibility and
Commander concerning an EU military crisis management
exercise command and control of the EU civilian crisis
operation or by the EU Head of Mission concerning an EU
management operation at theatre level.
civilian crisis management operation.
5. The
Head
of
Mission
shall
lead
the
EU
civilian
crisis
management operation and assume its day-to-day management.
2. Where the EU and the Republic of Albania have
concluded an agreement on security procedures for the
exchange of classified information, the provisions of such an
6. The
Republic
of
Albania
shall
have
the
same
rights
and
agreement shall apply in the context of an EU crisis
obligations in terms of day-to-day management of the operation
management operation.
as European Union Member States taking part in the operation,
in accordance with the legal instruments referred to in
( 1 ) OJ L 141, 27.5.2011, p. 17.
Article 2(1).

---

L 169/4
EN
Official Journal of the European Union
29.6.2012
7. The Head of Mission shall be responsible for disciplinary
(a) the European Union decides that the Republic of Albania
control over EU civilian crisis management operation personnel.
provides a significant contribution which is essential for this
Where required, disciplinary action shall be taken by the
operation; or
national authority concerned.
(b) the Republic of Albania has a GNI per capita which does
8. A
National
Contingent
Point
of
Contact
(NPC)
shall
be
not exceed that of any Member State of the European
appointed by the Republic of Albania to represent its national
Union.
contingent in the operation. The NPC shall report to the Head
of Mission on national matters and shall be responsible for day-
5. An arrangement on the payment of the contributions of
to-day discipline of the contingent.
the Republic of Albania to the operational budget of the EU
civilian crisis management operation shall be signed between
the Head of Mission and the relevant administrative services
9. The decision to end the operation shall be taken by the
of the Republic of Albania. That arrangement shall, inter alia,
European Union, following consultation with the Republic of
include the following provisions:
Albania if it is still contributing to the EU civilian crisis
management operation at the date of termination of the oper
(a) the amount concerned;
ation.
(b) the arrangements for payment of the financial contribution;
Article 7
(c) the auditing procedure.
Financial aspects
SECTION III
1. Without
prejudice
to
Article
8,
the
Republic
of
Albania
shall assume all the costs associated with its participation in the
PROVISIONS ON PARTICIPATION IN MILITARY CRISIS
operation apart from the running costs, as set out in the oper
MANAGEMENT OPERATIONS
ational budget of the operation.
Article 9
2. In case of death, injury, loss or damage to natural or legal
Participation in the EU military crisis management
persons from the State(s) in which the operation is conducted,
operation
the Republic of Albania shall, when its liability has been estab
lished, pay compensation under the conditions foreseen in the
1. The
Republic
of
Albania
shall
ensure
that
its
forces
and
applicable status of mission agreement referred to in
personnel participating in the EU military crisis management
Article 3(1).
operation undertake their mission in accordance with:
(a) the Council Decision and subsequent amendments as
Article 8
referred to in Article 2(1);
Contribution to operational budget
(b) the Operation Plan;
1. The
Republic
of
Albania
shall
contribute
to
the
financing
of the budget of the EU civilian crisis management operation.
(c) implementing measures.
2. Personnel
seconded
by
the
Republic
of
Albania
shall
carry
2. The financial contribution of the Republic of Albania to
out their duties and conduct themselves solely with the interest
the operational budget shall be calculated on the basis of either
of the EU military crisis management operation in mind.
of the following formulae, whichever produces the lower
amount:
3. The
Republic
of
Albania
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 Albania’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 Albania 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
personnel to the EU Operation Commander, who is entitled
3. Notwithstanding
paragraphs
1
and
2,
the
Republic
of to delegate his authority.
Albania shall not make any contribution towards the
financing of per diem allowances paid to personnel of the
3. The
Republic
of
Albania
shall
have
the
same
rights
and
European Union Member States.
obligations in terms of the day-to-day management of the
operation as participating European Union Member States.
4. Notwithstanding
paragraph
1,
the
European
Union
shall,
in principle, exempt the Republic of Albania from financial
4. The
EU
Operation
Commander
may,
following
consul
contributions to a particular EU civilian crisis management
tations with the Republic of Albania, at any time request the
operation when:
withdrawal of the Republic of Albania’s contribution.

---

EN
29.6.2012 Official
Journal
of
the
European
Union L
169/5
5. A
Senior
Military
Representative
(‘SMR’)
shall
be
appointed (a) the European Union decides that the Republic of Albania
by the Republic of Albania to represent its national contingent
provides a significant contribution to assets and/or capa
in the EU military crisis management operation. The SMR shall
bilities which are essential for the operation; or
consult with the EU Force Commander on all matters affecting
the operation and shall be responsible for the day-to-day
(b) the Republic of Albania has a GNI per capita which does
discipline of the Republic of Albania contingent.
not exceed that of any Member State of the European
Union.
Article 11
Financial aspects
4. An
arrangement
shall
be
concluded
between
the
Adminis
trator provided for in Decision 2008/975/CFSP, and the
1. Without
prejudice
to
Article
12
of
this
Agreement,
the competent administrative authorities of the Republic of
Republic of Albania shall assume all the costs associated with its
Albania. That arrangement shall include, inter alia, provisions
participation in the operation unless the costs are subject to
on:
common funding as provided for in the legal instruments
referred to in Article 2(1) of this Agreement, as well as in
(a) the amount concerned;
Council Decision 2008/975/CFSP of 18 December 2008 estab
lishing a mechanism to administer the financing of the
common costs of European Union operations having military
(b) the arrangements for payment of the financial contribution;
or defence implications (Athena) ( 1 ).
(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
the Republic of Albania shall, when its liability has been estab
lished, pay compensation under the conditions foreseen in the
FINAL PROVISIONS
applicable status of forces agreement referred to in Article 3(1).
Article 13
Arrangements to implement the Agreement
Article 12
Without prejudice to the provisions of Articles 8(5) and 12(4)
Contribution to the common costs
any necessary technical and administrative arrangements in
1. The
Republic
of
Albania
shall
contribute
to
the
financing pursuance of the implementation of this Agreement shall be
of the common costs of the EU military crisis management
concluded between the HR and the appropriate authorities of
operation.
the Republic of Albania.
2. The financial contribution of the Republic of Albania to
Article 14
the common costs shall be calculated on the basis of either of
Non-compliance
the following two formulae, whichever produces the lower
amount:
Should one of the Parties fail to comply with its obligations
under this Agreement, the other Party shall have the right to
terminate this Agreement by serving notice of one month.
(a) the share of the common costs which is in proportion to
the ratio of the Republic of Albania’s GNI to the total GNIs
of all States contributing to the common costs of the oper
Article 15
ation; or
Dispute settlement
Disputes concerning the interpretation or application of this
(b) the share of the common costs which is in proportion to
Agreement shall be settled by diplomatic means between the
the ratio of the number of personnel from the Republic of
Parties.
Albania participating in the operation to the total number
of personnel of all States participating in the operation.
Article 16
In calculating 2(b), where the Republic of Albania contributes
Entry into force
personnel only to the Operation or Force Headquarters, the
ratio used shall be that of its personnel to that of the total
1. This
Agreement
shall
enter
into
force
on
the
first
day
of
number of the respective headquarters personnel. In other
the first month after the Parties have notified each other of the
cases, the ratio shall be that of all personnel contributed by
completion of the internal procedures necessary for this
the Republic of Albania to that of the total personnel of the
purpose.
operation.
2. This
Agreement
shall
be
provisionally
applied
from
the
date of signature.
3. Notwithstanding
paragraph
1,
the
European
Union
shall,
in principle, exempt the Republic of Albania from financial
contributions to the common costs of a particular EU military
3. This
Agreement
shall
be
subject
to
regular
review.
crisis management operation when:
4. 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.

---

L 169/6
EN
Official Journal of the European Union
29.6.2012
5. This Agreement may be denounced by either Party by written notice of denunciation given to the
other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.
Done at Brussels, this fifth day of June in the year two thousand and twelve, in two copies, each in the
English language.
For the European Union For
the
Republic
of
Albania

---

EN
29.6.2012 Official
Journal
of
the
European
Union L
169/7
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 Albania participates will endeavour, in so far as their internal legal systems so
permit, to waive as far as possible claims against the Republic of Albania 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 Albania 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 Albania, 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 Albania using those assets.’.
Text for the Republic of Albania:
‘The Republic of Albania applying an EU Council Decision on an EU crisis management operation will
endeavour, in so far 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.’.

---

Document Outline

• �

---