22003A0920(02)

Agreement

between the European Union and the Republic of Turkey on the participation of the Republic of Turkey in the European Union-led forces in the Former Yugoslav Republic of Macedonia

THE EUROPEAN UNION,

on the one hand, and

THE REPUBLIC OF TURKEY,

on the other hand,

Hereinafter referred to as the "Parties",

TAKING INTO ACCOUNT:

- the adoption by the Council of the European Union of Joint Action 2003/92/CFSP of 27 January 2003 on the European Union military operation in the Former Yugoslav Republic of Macedonia(1),

- the invitation to the Republic of Turkey to participate in the EU-led operation,

- the successful completion of the force generation process and the recommendation by the operation commander and the EU Military Committee to agree on the participation of the Republic of Turkey forces in the EU-led operation,

- the decision by the Political and Security Committee of 11 March 2003 to accept the contribution of the Republic of Turkey to the EU-led operation,

- the Exchange of Letters between the Government of the Former Yugoslav Republic of Macedonia and the Secretary-General/High Representative on the conduct of the operation,

- the Agreement concluded on 21 March 2003 between the EU and the Government of the Former Yugoslav Republic of Macedonia on the status of the EUF and its personnel,

HAVE AGREED AS FOLLOWS:

Article 1

Framework and definitions

1. The Republic of Turkey shall associate itself with the provisions of Joint Action 2003/92/CFSP, in accordance with the provisions stipulated in the following Articles.

2. For the purpose of this Agreement, the following definitions shall have the meanings hereunder assigned to them:

(a) "Operation Concordia" means the European Union military operation in the Former Yugoslav Republic of Macedonia provided for in Joint Action 2003/92/CFSP;

(b) "European Union-led forces" (EUF) means EU military headquarters, constituent national units/elements contributing to Operation Concordia, their assets and their means of transport;

(c) "EUF personnel" means the civilian and military personnel assigned to the EUF;

(d) "mechanism" means the operational financing mechanism established by the Council Decision of 27 January 2003 to provide for the financing of the common costs of the European Union military operation in the Former Yugoslav Republic of Macedonia;

(e) "participating States" means Member States applying Joint Action 2003/92/CFSP and third States participating in Operation Concordia by providing forces, personnel or assets;

(f) "Claims Joint Commission" means the Joint Claims Commission set up pursuant to Article 13 of the Agreement between the European Union and the Former Yugoslav Republic of Macedonia on the status of the European Union-led forces (EUF) in the Former Yugoslav Republic of Macedonia.

Article 2

Participation in the Operation

1. The Republic of Turkey shall participate in Operation Concordia with a contingent as determined on the occasion of the Force Generation Conference. If necessary, rotation of seconded personnel shall be ensured.

2. The Republic of Turkey shall ensure that its forces and personnel undertake their mission in conformity with the provisions of Joint Action 2003/92/CFSP, the operation plan and implementing measures.

3. The Republic of Turkey shall inform the EU operation commander, the EUF commander and the EU military staff of any change to its participation in Operation Concordia.

Article 3

Status

1. The forces and personnel participating in Operation Concordia shall be governed by the Agreement between the European Union and the Former Yugoslav Republic of Macedonia on the status of the European Union-led forces (EUF) in the Former Yugoslav Republic of Macedonia and its implementing arrangements.

2. The status of personnel contributed to headquarters or command elements located outside the Former Yugoslav Republic of Macedonia shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Turkey.

Article 4

Chain of command

1. The participation of the Republic of Turkey in Operation Concordia is without prejudice to the decision-making autonomy of the European Union.

2. All forces and personnel shall remain under the full command of their national authorities.

3. National authorities shall transfer operational control to the EU operation commander. The operation commander is entitled to delegate his authority.

4. The Republic of Turkey shall have the same rights and obligations in terms of day-to-day management of Operation Concordia as participating Member States in accordance with Article 8(4) of Joint Action 2003/92/CFSP and Political and Security Committee Decision FYROM/1/2003 on the establishment of the Committee of Contributors.

5. The Republic of Turkey shall exercise jurisdiction over its personnel. The operation commander and the force commander may at any time request the withdrawal of the Republic of Turkey personnel.

6. A senior military representative (SMR) shall be appointed by the Republic of Turkey to represent its national contingent in the EUF. The SMR shall consult the EUF Commander on all matters affecting Operation Concordia and shall be responsible for day-to-day contingent discipline.

Article 5

Classified information

The Republic of Turkey shall take appropriate measures to ensure that when EU classified information is handled by its personnel, this personnel respects the European Union Council's security regulations, which are contained in Council Decision 2001/264/EC(2), and further guidance that may be issued by the operation commander.

Article 6

Financial aspects

1. Without prejudice to Article 7, the Republic of Turkey shall assume all the costs associated with its participation in Operation Concordia unless the costs are subject to common funding as set out in the operational budget of the operation.

2. In cases where the Joint Claims Commission decides to grant damages to natural or legal persons from the Former Yugoslav Republic of Macedonia, the Republic of Turkey shall pay for these damages if death, injury, damage or loss are caused by its personnel or its assets, unless the mechanism, in accordance with Article 9(3) of the Council Decision of 27 January 2003 establishing the mechanism, decides to pay for those damages.

Article 7

Contributions to the common costs

1. The Republic of Turkey shall contribute to the common costs of Operation Concordia an amount of EUR 136087,80 per six months.

2. An arrangement shall be concluded between the administrator of the mechanism, established by the Council Decision of 27 January 2003, to provide for the financing of the common costs of the operation and competent administrative authorities of the Republic of Turkey. This arrangement shall include provisions on:

(a) the arrangements for payment and management of the financial contribution;

(b) the verification arrangements covering control and audit of the financial contribution, where appropriate.

3. The contributions of the Republic of Turkey to the common costs of Operation Concordia shall be deposited by the Republic of Turkey in the bank account which shall be indicated to that State by the administrator of the mechanism.

Article 8

Non-compliance

Should one of the Participating Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a one-month notice.

Article 9

Entry into force

This Agreement shall enter into force upon signature.

It shall remain in force for the duration of the contribution of the Republic of Turkey to Operation Concordia.

Done at Brussels, on

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For the European Union

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For the Republic of Turkey

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(1) OJ L 34, 11.2.2003, p. 26.

(2) OJ L 101, 11.4.2001, p. 1.