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12.12.2012 Official
Journal
of
the
European
Union
L
338/3
AGREEMENT
between the European Union and the former Yugoslav Republic of Macedonia establishing a
framework for the participation of the former Yugoslav Republic of Macedonia in European
Union crisis management operations
THE EUROPEAN UNION,
of the one part, and
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia 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 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 former Yugoslav Republic of Macedonia in an EU
crisis management operation that has already been deployed,
HAVE AGREED AS FOLLOWS:
SECTION I
by letter with a view to securing its participation in accordance
with the provisions of this Agreement.
GENERAL PROVISIONS
Article 1
Article 2
Decisions relating to the participation
Framework
1. Following the decision of the European Union to invite
1. The
former
Yugoslav
Republic
of
Macedonia
shall
the former Yugoslav Republic of Macedonia to participate in an
associate itself with the Council Decision by which the
EU crisis management operation, and once the latter State has
Council of the European Union decides that the European
decided to participate, such State shall provide information on
Union will conduct the crisis management operation, and
its proposed contribution to the European Union.
with any other decision by which the Council of the
European Union decides to extend the EU crisis management
operation, in accordance with the provisions of this Agreement
2. The assessment by the European Union of the proposed
and any required implementing arrangements.
contribution shall be conducted in consultation with the former
Yugoslav Republic of Macedonia.
2. The
contribution
of
the
former
Yugoslav
Republic
of
Macedonia to an EU crisis management operation shall be
3. The
European
Union
shall
provide
the
former
Yugoslav without prejudice to the decision-making autonomy of the EU.
Republic of Macedonia with an early indication of the likely
contribution to the common costs of the operation as soon
Article 3
as possible with a view to assisting the former Yugoslav
Republic of Macedonia in the formulation of its offer.
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 the former
that assessment to the former Yugoslav Republic of Macedonia
Yugoslav Republic of Macedonia shall be governed by the

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L 338/4
EN
Official Journal of the European Union
12.12.2012
agreement on the status of forces/mission, if concluded,
SECTION II
between the European Union and the State(s) in which the
operation is conducted.
PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS
MANAGEMENT OPERATIONS
Article 5
2. The
status
of
personnel
contributed
to
headquarters
or Personnel seconded to an EU civilian crisis management
command elements located outside the State(s) in which the
operation
EU crisis management operation takes place, shall be
governed by arrangements between the headquarters and
1. The
former
Yugoslav
Republic
of
Macedonia:
command elements concerned and the former Yugoslav
Republic of Macedonia.
(a) shall ensure that its personnel seconded to the EU civilian
crisis management operation undertake their mission in
accordance with:
3. Without prejudice to the agreement on the status of
forces/mission referred to in paragraph 1, the former
— the Council Decision and subsequent amendments as
Yugoslav Republic of Macedonia shall exercise jurisdiction
referred to in Article 2(1),
over its personnel participating in the EU crisis management
operation. In cases where the forces of the former Yugoslav
Republic of Macedonia operate on board a vessel or aircraft
— the Operation Plan,
of an European Union Member State, the latter State shall
exercise jurisdiction in accordance with its internal laws and
procedures.
— implementing measures.
(b) shall inform in due time the Head of Mission of the EU
4. The
former
Yugoslav
Republic
of
Macedonia
shall
be
civilian crisis management operation (the ‘Head of Mission’)
responsible for answering any claims linked to the participation
and the High Representative of the Union for Foreign
in an EU crisis management operation, from or concerning any
Affairs and Security Policy (the ‘HR’) of any change to its
of its personnel and shall be responsible for bringing any action,
contribution to the EU civilian crisis management operation.
in particular legal or disciplinary, against any of its personnel in
accordance with its laws and regulations.
2. Personnel
seconded
to
the
EU
civilian
crisis
management
operation shall undergo a medical examination, vaccination and
be certified medically fit for duty by a competent authority from
5. The
Parties
agree
to
waive
any
and
all
claims,
other
than the former Yugoslav Republic of Macedonia. Personnel
contractual claims, against each other for damage to, loss of, or
seconded to the EU civilian crisis management operation shall
destruction of assets owned/operated by either Party, or injury
produce a copy of that certification.
or death to personnel of either Party, arising out of the
performance of their official duties in connection with activities
Article 6
under this Agreement, except in the case of gross negligence or
wilful misconduct.
Chain of command
1. Personnel
seconded
by
the
participating
State
shall
carry
out their duties and conduct themselves solely with the interests
6. The
former
Yugoslav
Republic
of
Macedonia
undertakes
to of the EU civilian crisis management operation in mind.
make a declaration as regards the waiver of claims against any
State participating in an EU crisis management operation in
which the former Yugoslav Republic of Macedonia participates,
2. All
personnel
shall
remain
under
the
full
command
of
and to do so when signing this Agreement.
their national authorities.
3. National
authorities
shall
transfer
operational
control
to
7. The
European
Union
undertakes
to
ensure
that
European the European Union.
Union Member States make a declaration as regards the waiver
of claims, for any future participation of the former Yugoslav
Republic of Macedonia in an EU crisis management operation,
4. The
Head
of
Mission
shall
assume
responsibility
and
and to do so when signing this Agreement.
exercise command and control of the EU civilian crisis
management operation at theatre level.
Article 4
5. The
Head
of
Mission
shall
lead
the
EU
civilian
crisis
management operation and assume its day-to-day management.
Classified information
The Agreement between the government of the former
6. The
former
Yugoslav
Republic
of
Macedonia
shall
have
Yugoslav Republic of Macedonia and the European Union on
the same rights and obligations in terms of day-to-day
the security procedures for the exchange of classified
management of the operation as European Union Member
information, done at Skopje on 25 March 2005, shall apply
States taking part in the operation, in accordance with the
in the context of EU crisis management operations.
legal instruments referred to in Article 2(1).

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EN
12.12.2012 Official
Journal
of
the
European
Union
L
338/5
7. The Head of Mission shall be responsible for disciplinary
(a) the European Union decides that the former Yugoslav
control over EU civilian crisis management operation personnel.
Republic of Macedonia provides a significant contribution
Where required, disciplinary action shall be taken by the
which is essential for this operation; or
national authority concerned.
(b) the former Yugoslav Republic of Macedonia has a GNI per
8. A national contingent point of contact (NPC) shall be
capita which does not exceed that of any Member State of
appointed by the former Yugoslav Republic of Macedonia to
the European Union.
represent its national contingent in the operation. The NPC shall
report to the Head of Mission on national matters and shall be
5. An arrangement on the payment of the contributions of
responsible for day-to-day discipline of the contingent.
the former Yugoslav Republic of Macedonia to the operational
budget of the EU civilian crisis management operation shall be
9. The decision to end the operation shall be taken by the
signed between the Head of Mission and the relevant adminis
European Union, following consultation with the former
trative services of the former Yugoslav Republic of Macedonia.
Yugoslav Republic of Macedonia if it is still contributing to
That arrangement shall, inter alia, include the following provi
the EU civilian crisis management operation at the date of
sions:
termination of the operation.
(a) the amount concerned;
Article 7
(b) the arrangements for payment of the financial contribution;
Financial aspects
(c) the auditing procedure.
1. Without
prejudice
to
Article
8,
the
participating
State
shall
assume all the costs associated with its participation in the
SECTION III
operation apart from the running costs, as set out in the oper
ational budget of the operation.
PROVISIONS ON PARTICIPATION IN MILITARY CRISIS
MANAGEMENT OPERATIONS
2. In case of death, injury, loss or damage to natural or legal
Article 9
persons from the State(s) in which the operation is conducted,
the former Yugoslav Republic of Macedonia shall, when its
Participation in the EU military crisis management
liability has been established, pay compensation under the
operation
conditions foreseen in the applicable status of mission
1. The
former
Yugoslav
Republic
of
Macedonia
shall
ensure
agreement referred to in Article 3(1).
that its forces and personnel participating in the EU military
crisis management operation undertake their mission in
Article 8
accordance with:
Contribution to operational budget
(a) the Council Decision and subsequent amendments as
1. The
former
Yugoslav
Republic
of
Macedonia
shall
referred to in Article 2(1);
contribute to the financing of the operational budget of the
EU civilian crisis management operation.
(b) the Operation Plan;
2. Such
contribution
to
the
operational
budget
shall
be
(c) implementing measures.
calculated on the basis of either of the following formulae,
whichever produces the lower amount:
2. Personnel
seconded
by
the
participating
States
shall
carry
out their duties and conduct themselves solely with the interest
of the EU military crisis management operation in mind.
(a) the share of the reference amount which is in proportion to
the ratio of the former Yugoslav Republic of Macedonia’s
3. The
former
Yugoslav
Republic
of
Macedonia
shall
inform
GNI to the total GNIs of all States contributing to the oper
the EU Operation Commander in due time of any change to its
ational budget of the operation; or
participation in the operation.
(b) the share of the reference amount for the operational
Article 10
budget which is in proportion to the ratio of the number
of personnel from the former Yugoslav Republic of
Chain of command
Macedonia participating in the operation to the total
1. All
forces
and
personnel
participating
in
the
EU
military
number of personnel of all States participating in the oper
crisis management operation shall remain under the full
ation.
command of their national authorities.
3. Notwithstanding
paragraphs
1
and
2,
the
participating 2. National
authorities
shall
transfer
the
operational
and
State shall not make any contribution towards the financing
tactical command and/or control of their forces and personnel
of per diem allowances paid to personnel of the European
to the EU Operation Commander, who is entitled to delegate
Union Member States.
his authority.
4. Notwithstanding
paragraph
1,
the
European
Union
shall, 3. The
former
Yugoslav
Republic
of
Macedonia
shall
have
in principle, exempt the participating State from financial
the same rights and obligations in terms of the day-to-day
contributions to a particular EU civilian crisis management
management of the operation as participating European
operation when:
Union Member States.

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L 338/6
EN
Official Journal of the European Union
12.12.2012
4. The
EU
Operation
Commander
may,
following
consul
3. Notwithstanding
paragraph
1
above,
the
European
Union
tations with the former Yugoslav Republic of Macedonia, at
shall, in principle, exempt the participating State from financial
any time request the withdrawal of the participating State’s
contributions to the common costs of a particular EU military
contribution.
crisis management operation when:
5. A
senior
military
representative
(SMR)
shall
be
appointed (a) the European Union decides that the former Yugoslav
by the former Yugoslav Republic of Macedonia to represent its
Republic of Macedonia provides a significant contribution
national contingent in the EU military crisis management oper
to assets and/or capabilities which are essential for the oper
ation. The SMR shall consult with the EU Force Commander on
ation; or
all matters affecting the operation and shall be responsible for
the day-to-day discipline of the former Yugoslav Republic of
(b) the former Yugoslav Republic of Macedonia has a GNI per
Macedonia contingent.
capita which does not exceed that of any Member State of
the European Union.
Article 11
4. An
arrangement
shall
be
concluded
between
the
Adminis
Financial aspects
trator provided for in Council Decision 2011/871/CFSP and the
competent administrative authorities of the former Yugoslav
1. Without
prejudice
to
Article
12
of
this
Agreement,
the Republic of Macedonia. This arrangement shall include, inter
participating State shall assume all the costs associated with its
alia, provisions on:
participation in the operation unless the costs are subject to
common funding as provided for in the legal instruments
(a) the amount concerned;
referred to in Article 2(1), as well as in Council Decision
2011/871/CFSP of 19 December 2011 establishing a
(b) the arrangements for payment of the financial contribution;
mechanism to administer the financing of the common costs
(c) the auditing procedure.
of European Union operations having military or defence impli

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

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EN
12.12.2012 Official
Journal
of
the
European
Union
L
338/7
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, on the twenty-ninth day of October in the year two thousand and twelve in the English
language in two copies.

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L 338/8
EN
Official Journal of the European Union
12.12.2012
РЕПУБЛИКА МАКЕДОНИА
МИНИСТЕРСТВО ЗА НАДВОРЕШНИ РАБОТИ
REPUBLIC PF MACEDONIA
MINISTRY OF FOREIGN AFFAIRS
Министер/ Minister
Brussels, 29 October 2012
Sir,
On behalf of the Government of the Republic of Macedonia I have the honour to acknowledge receipt
of your letter dated 29 of October 2012 regarding the signature of the Agreement between the Republic of
Macedonia and the European Union establishing a framework for the participation of the Republic of
Macedonia in European Union crisis management operations.
I hereby confirm that the Government of the Republic of Macedonia agrees with the provisions of the
aforementioned Agreement, and considers the said Agreement as being signed with your letter and this
letter of confirmation.
However, I declare that the Republic of Macedonia does not accept the denomination used for my
country in the text of the above-mentioned Agreement having in view that the constitutional name of my
country is the Republic of Macedonia.
Please accept, Sir, the assurances of my highest consideration.
Nikola POPOSKI
To
Mr. Pierre Vimont
Executive Secretary General
European External Action Service
COUNCIL OF THE EUROPEAN UNION

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EN
12.12.2012 Official
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of
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European
Union
L
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COUNCIL
OF THE EUROPEAN UNION
Brussels, 29 October 2012
H.E. Mr. Nikola POPOSKI,
Minister of Foreign Affairs
of the former Yugoslav Republic of Macedonia.
Sir,
I have the honour to acknowledge receipt of your letter of today's date.
The European Union notes that the Exchange of Letters between the European Union and the former
Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the
European Union and the former Yugoslav Republic of Macedonia establishing a framework for the partici
pation of the former Yugoslav Republic of Macedonia in European Union crisis management operations, has
been accomplished and that this cannot be interpreted as acceptance or recognition by the European Union
in whatever form or content of a denomination other than the "former Yugoslav Republic of Macedonia".
Please accept, Sir, the assurance of my highest consideration.
For the European Union
Pierre VIMONT
Executive Secretary General
European External Action Service
175 Rue de la Loi,
1048 Brussels, Belgium

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L 338/10
EN
Official Journal of the European Union
12.12.2012
DECLARATIONS
Declaration by the EU Member States
‘The EU Member States applying an EU Council Decision on an EU crisis management operation in
which the former Yugoslav Republic of Macedonia participates will endeavour, in so far as their internal
legal systems so permit, to waive as far as possible claims against the former Yugoslav Republic of
Macedonia 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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia, 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 former Yugoslav Republic
of Macedonia using those assets.’
Declaration by the former Yugoslav Republic of Macedonia
‘The former Yugoslav Republic of Macedonia 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.’

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