HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 163/2
EN
Official Journal of the European Union
23.6.2011
AGREEMENT
between the European Union and the Republic of Serbia establishing a framework for the
participation of the Republic of Serbia in European Union crisis management operations
THE EUROPEAN UNION,
of the one part, and
THE REPUBLIC OF SERBIA
of the other part,
hereinafter referred to as the ‘Parties’,
Whereas:
(1) The
European
Union
(EU)
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 Serbia 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
Serbia.
(3)
Conditions regarding the participation of the Republic of Serbia in EU crisis management operations should be
laid down in an agreement establishing a framework for such possible future participation, rather than defining
those 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 Serbia 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 Serbia 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
Serbia
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 Serbia to participate in an EU crisis
the European Union decides to extend the EU crisis
management operation, and once the Republic of Serbia has
management operation, in accordance with the provisions of
decided to participate, the Republic of Serbia shall provide
this Agreement and any required implementing arrangements.
information on its proposed contribution to the European
Union.
2. The
assessment
by
the
European
Union
of
the
Republic
of 2. The contribution of the Republic of Serbia to an EU crisis
Serbia’s contribution shall be conducted in consultation with
management operation shall be without prejudice to the
the Republic of Serbia.
decision-making autonomy of the European Union.
3. The
European
Union
shall
provide
the
Republic
of
Serbia
with an early indication of the likely contribution to the
common costs of the operation as soon as possible with a
Article 3
view to assisting the Republic of Serbia 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 Republic of
this assessment to the Republic of Serbia by a letter with a view
Serbia shall be governed by the agreement on the status of
to securing the participation of the Republic of Serbia in
forces/mission, if concluded, between the European Union and
accordance with the provisions of this Agreement.
the State(s) in which the operation is conducted.

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EN
23.6.2011 Official
Journal
of
the
European
Union L
163/3
2. The
status
of
personnel
contributed
to
headquarters
or (a) the Council Decision and subsequent amendments as
command elements located outside the State(s) in which the
referred to in Article 2(1);
EU crisis management operation takes place, shall be
governed by arrangements between the headquarters and
command elements concerned and the Republic of Serbia.
(b) the Operation Plan;
3. Without prejudice to the agreement on the status of
forces/mission referred to in paragraph 1, the Republic of
(c) implementing measures.
Serbia shall exercise jurisdiction over its personnel participating
in the EU crisis management operation.
2. The
Republic
of
Serbia
shall
inform
in
due
time
the
EU
4. The
Republic
of
Serbia
shall
be
responsible
for
answering civilian crisis management operation Head of Mission and the
any claims linked to the participation in an EU crisis
High Representative of the Union for Foreign Affairs and
management operation, from or concerning any of its
Security Policy Council of any change to its contribution to
personnel. The Republic of Serbia shall be responsible for
the EU civilian crisis management operation.
bringing any action, in particular legal or disciplinary, against
any of its personnel in accordance with its laws and regulations.
3. Personnel
seconded
to
the
EU
civilian
crisis
management
operation shall undergo a medical examination, vaccination and
5. The
Republic
of
Serbia
undertakes
to
make
a
declaration be certified medically fit for duty by a competent authority from
as regards the waiver of claims against any State participating in
the Republic of Serbia. Personnel seconded to the EU civilian
an EU crisis management operation in which the Republic of
crisis management operation shall produce a copy of this certifi
Serbia participates, and to do so when signing this Agreement.
cation.
6. The
European
Union
undertakes
to
ensure
that
European
Union Member States make a declaration as regards the waiver
Article 6
of claims, for any future participation of the Republic of Serbia
Chain of command
in an EU crisis management operation, and to do so when
signing this Agreement
1. Personnel
seconded
by
the
Republic
of
Serbia
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
Serbia
shall
take
appropriate
measures
to their national authorities.
ensure that EU classified information is protected in accordance
with the EU Council’s security regulations, contained in Council
Decision 2001/264/EC of 19 March 2001 adopting the
Council’s security regulations
(
3. National
authorities
shall
transfer
operational
control
to

1 ) and in accordance with
further guidance issued by competent authorities, including
the European Union.
the EU Operation Commander concerning an EU military
crisis management operation or by the EU Head of Mission
concerning an EU civilian crisis management operation.
4. The Head of Mission shall assume responsibility and
exercise command and control of the EU civilian crisis
management operation at theatre level.
2. Where the EU and the Republic of Serbia have concluded
an agreement on security procedures for the exchange of clas
sified information, the provisions of such an agreement shall
apply in the context of an EU crisis management operation.
5. The
Head
of
Mission
shall
lead
the
EU
civilian
crisis
management operation and assume its day-to-day management.
SECTION II
PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS
6. The
Republic
of
Serbia
shall
have
the
same
rights
and
MANAGEMENT OPERATIONS
obligations in terms of day-to-day management of the
operation as European Union Member States taking part in
Article 5
the operation, in accordance with the legal instruments
referred to in Article 2(1).
Personnel seconded to an EU civilian crisis management
operation
1. The
Republic
of
Serbia
shall
ensure
that
its
personnel 7. The
EU
civilian
crisis
management
operation
Head
of
seconded to the EU civilian crisis management operation
Mission shall be responsible for disciplinary control over EU
undertake their mission in accordance with:
civilian crisis management operation personnel. Where
required, disciplinary action shall be taken by the national
( 1 ) OJ L 101, 11.4.2001, p. 1.
authority concerned.

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L 163/4
EN
Official Journal of the European Union
23.6.2011
8. A National Contingent Point of Contact (‘NPC’) shall be
(b) the Republic of Serbia has a GNI per capita which does not
appointed by the Republic of Serbia to represent its national
exceed that of any Member State of the European Union.
contingent in the operation. The NPC shall report to the EU
civilian crisis management operation Head of Mission on
5. An arrangement on the payment of the contributions of
national matters and shall be responsible for day-to-day
the Republic of Serbia to the operational budget of the EU
contingent discipline.
civilian crisis management operation shall be signed between
the EU civilian crisis management operation Head of Mission
9. The decision to end the operation shall be taken by the
and the relevant administrative services of the Republic of
European Union, following consultation with the Republic of
Serbia. That arrangement shall include, inter alia, the
Serbia if it is still contributing to the EU civilian crisis
following provisions:
management operation at the date of 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. The
Republic
of
Serbia
shall
assume
all
the
costs
associated with its participation in the operation apart from
SECTION III
the running costs, as set out in the operational budget of the
operation. This shall be without prejudice to Article 8.
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,
Participation in an EU military crisis management
the Republic of Serbia shall, once its liability has been estab
operation
lished, pay compensation under the conditions foreseen in the
applicable status of mission agreement referred to in
1. The
Republic
of
Serbia
shall
ensure
that
its
forces
and
Article 3(1).
personnel participating in an EU military crisis management
operation undertake their mission in accordance with:
Article 8
(a) the Council Decision and subsequent amendments as
Contribution to operational budget
referred to in Article 2(1);
1. The
Republic
of
Serbia
shall
contribute
to
the
financing
of
the budget of the EU civilian crisis management operation.
(b) the Operation Plan;
2. The financial contribution of the Republic of Serbia to the
(c) implementing measures.
operational budget shall be calculated on the basis of either of
the following formulae, whichever produces the lower amount:
2. Personnel
seconded
by
the
Republic
of
Serbia
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 corresponds
proportionately to the ratio of the Republic of Serbia’s
GNI to the total GNIs of all States contributing to the oper
3. The
Republic
of
Serbia
shall
inform
the
EU
Operation
ational budget of the operation; or
Commander in due time of any change to its participation in
the operation.
(b) the share of the reference amount for the operational
Article 10
budget which corresponds proportionately to the ratio of
the number of personnel from the Republic of Serbia
Chain of command
participating in the operation to the total number of
personnel of all States participating in the operation.
1. All
forces
and
personnel
participating
in
the
EU
military
crisis management operation shall remain under the full
command of their national authorities.
3. Notwithstanding
paragraphs
1
and
2,
the
Republic
of
Serbia shall not make any contribution towards the financing
2. National
authorities
shall
transfer
the
Operational
and
of per diem allowances paid to personnel of the European
Tactical command and/or control of their forces and
Union Member States.
personnel to the EU Operation Commander, who is entitled
to delegate his authority.
4. Notwithstanding
paragraph
1,
the
European
Union
shall,
in principle, exempt the Republic of Serbia from financial
3. The
Republic
of
Serbia
shall
have
the
same
rights
and
contributions to a particular EU civilian crisis management
obligations in terms of the day-to-day management of the
operation when:
operation as participating European Union Member States.
(a) the European Union decides that the Republic of Serbia
4. The
EU
Operation
Commander
may,
following
consul
provides a significant contribution which is essential for
tations with the Republic of Serbia, at any time request the
the operation; or
withdrawal of the Republic of Serbia’s contribution.

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EN
23.6.2011 Official
Journal
of
the
European
Union L
163/5
5. A
Senior
Military
Representative
(SMR)
shall
be
appointed (a) the European Union decides that the Republic of Serbia
by the Republic of Serbia to represent the Serbian contingent in
provides a significant contribution to assets and/or capa
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-
(b) the Republic of Serbia has a GNI per capita which does not
to-day discipline of the Serbian contingent.
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 Decision 2008/975/CFSP and the
competent administrative authorities of the Republic of Serbia.
1. Without prejudice to Article 12, the Republic of Serbia
This arrangement shall include, inter alia, provisions on:
shall assume all the costs associated with its participation in the
operation unless the costs are subject to common funding as
provided for in the legal instruments referred to in Article 2(1),
(a) the amount concerned;
as well as in Council Decision 2008/975/CFSP of 18 December
2008 establishing a mechanism to administer the financing of
(b) the arrangements for payment of the financial contribution;
the common costs of European Union operations having
military or defence implications (Athena) ( 1 ).
(c) the auditing procedure.
2. In case of death, injury, loss or damage to natural or legal
SECTION IV
persons from the State(s) in which the operation is conducted,
the Republic of Serbia shall, once its liability has been estab
FINAL PROVISIONS
lished, pay compensation under the conditions foreseen in the
applicable status of forces agreement referred to in Article 3(1).
Article 13
Implementing arrangements
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
pursuance of the implementation of this Agreement shall be
1. The
Republic
of
Serbia
shall
contribute
to
the
financing
of concluded between the High Representative of the Union for
the common costs of the EU military crisis management
Foreign Affairs and Security Policy, and the appropriate
operation.
authorities of the Republic of Serbia.
2. The financial contribution of the Republic of Serbia to the
Article 14
common costs shall be calculated on the basis of either of the
Non-compliance
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
(a) the share of the common costs which corresponds propor
terminate this Agreement by serving notice of one month.
tionately to the ratio of the Republic of Serbia’s GNI to the
total GNIs of all States contributing to the common costs of
the operation; or
Article 15
Dispute settlement
(b) the share of the common costs which corresponds propor
Disputes concerning the interpretation or application of this
tionately to the ratio of the number of personnel from the
Agreement shall be settled by diplomatic means between the
Republic of Serbia participating in the operation to the total
Parties.
number of personnel of all States participating in the
operation.
Article 16
Where the formula under point (b) of paragraph 2 is used
Entry into force
and the Republic of Serbia contributes personnel only to the
1. This
Agreement
shall
enter
into
force
on
the
first
day
of
Operation or Force Headquarters, the ratio used shall be that
the first month after the Parties have notified each other of the
of its personnel to that of the total number of the respective
completion of the internal procedures necessary for this
headquarters personnel. In other cases, the ratio shall be
purpose.
that of all personnel contributed by the Republic of Serbia
to that of the total personnel of the 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 Serbia 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.

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L 163/6
EN
Official Journal of the European Union
23.6.2011
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 Belgrade, this eighth day of June in the year 2011 in two copies, each in the English language.
For the European Union For
the
Republic
of
Serbia

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EN
23.6.2011 Official
Journal
of
the
European
Union L
163/7
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 Serbia participates will endeavour, insofar as their internal legal systems so
permit, to waive as far as possible claims against the Republic of Serbia 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 Serbia 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 Serbia, 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 Serbia using those assets.’.
Text for the Republic of Serbia:
‘The Republic of Serbia 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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