HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 183/16
EN
Official Journal of the European Union
13.7.2011
DECISIONS
COUNCIL DECISION 2011/411/CFSP
of 12 July 2011
defining the statute, seat and operational rules of the European Defence Agency and repealing Joint
Action 2004/551/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
(8) The
Agency
should
develop
close
working
relations
with
existing arrangements, groupings and organisations, such
as those established under the Letter of Intent Framework
Having regard to the Treaty on European Union, and in
Agreement (hereinafter ‘LoI Framework Agreement’), as
particular Articles 42 and 45 thereof,
well as the Organisation Conjointe de Coopération en
matière d’Armement (OCCAR) and the European Space
Whereas:
Agency (ESA).
(1) The
European
Defence
Agency
(hereinafter
‘the
Agency’)
was established by Council Joint Action (9) The
High
Representative
of
the
Union
for
Foreign
Affairs
2004/551/CFSP (
and Security Policy (HR), in accordance with

1 ) (hereinafter ‘Joint Action
2004/551/CFSP’) to support the Council and Member
Article 18(2) TEU, should have a leading role in the
States in their effort to improve the Union’s defence
Agency’s structure and provide the essential link
capabilities in the field of crisis management and to
between the Agency and the Council.
sustain the European Security and Defence Policy.
(10) In the exercise of its role of political supervision and
(2) The
European
Security
Strategy,
endorsed
by
the
policy-making, the Council should issue guidelines to
European Council on 12 December 2003, identifies the
the Agency.
establishment of a defence agency as an important
element towards the development of more flexible and
efficient European military resources.
(11) In
view
of
their
nature,
the
adoption
of
the
Financial
Framework for the Agency, as referred to in
(3) The report on the implementation of the European
Article 4(4), and the conclusion of administrative
Security Strategy of 11 December 2008 endorses the
arrangements between the Agency and third countries,
Agency’s leading role in the process of developing key
organisations and entities must be approved by the
defence capabilities for the Common Security and
Council acting unanimously.
Defence Policy (CSDP).
(4) Joint
Action
2004/551/CFSP
should
be
repealed
and (12) When
adopting
guidelines
and
decisions
in
relation
to
replaced in order to take into account the amendments
the work of the Agency, the Council should meet at
to the Treaty on European Union (TEU) introduced by
the level of Defence Ministers.
the Treaty of Lisbon.
(5) Article
45
TEU
provides
for
the
adoption,
by
the (13) Any
guidelines
or
decisions
adopted
by
the
Council
in
Council, of a Decision defining the Agency’s statute,
relation with the Agency’s work should be prepared in
seat and operational rules, which should take account
accordance with Article 240 TFEU.
of the level of effective participation of the Member
States in the Agency’s activities.
(14) The competences of the Council’s preparatory and
advisory bodies, in particular those of the Committee
(6) The
Agency
should
contribute
to
the
implementation
of
of Permanent Representatives under Article 240 TFEU,
the Common Foreign and Security Policy (CFSP), in
the Political and Security Committee (PSC) under
particular the CSDP.
Article 38 TEU and the EU Military Committee (EUMC)
should remain unaffected.
(7) The
structure
of
the
Agency
should
enable
it
to
respond
to the operational requirements of the Union and its
Member States for the CSDP and, where necessary to
(15) The
National
Armaments
Directors
(NAD),
Capability
fulfil its functions, to cooperate with third countries,
Directors, Research and Technology (R&T) Directors
organisations and entities.
and Defence Policy Directors should receive reports and
contribute on issues of their competence in preparation
( 1 ) OJ L 245, 17.7.2004, p. 17.
of Council decisions relating to the Agency.

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(16) The
Agency
should
have
the
legal
personality
necessary
3. The
Agency
shall
be
open
to
participation
by
all
EU
to perform its functions and attain its objectives, while
Member States wishing to be part of it. Member States
maintaining close links with the Council and fully
already participating in the Agency at the time of the
respecting the responsibilities of the European Union
adoption of this Decision shall continue as participating
and its institutions.
Member States.
(17) It
should
be
provided
that
the
budgets
administered
by
4. Any
Member
State
wishing
to
participate
in
the
Agency
the Agency may, on a case-by-case basis, receive
after the entry into force of this Decision or wishing to
contributions towards non-administrative costs, from
withdraw from the Agency shall notify its intention to the
the general budget of the European Union, in full
Council and shall inform the HR. Any necessary technical and
respect of the rules, procedures and decision-making
financial arrangements for such participation or withdrawal
processes applicable to it, including Article 41(2) TEU.
shall be determined by the Steering Board, referred to in
Article 8.
(18) The
Agency,
while
being
open
to
participation
by
all
Member States, should also provide for the possibility
5. The
Agency
shall
have
its
seat
in
Brussels.
of specific groups of Member States establishing ad hoc
projects or programmes.
Article 2
Mission
(19) Subject
to
a
Council
decision
on
the
establishment
of
permanent structured cooperation, in conformity with
1. The mission of the Agency is to support the Council and
Articles 42(6) and 46 TEU and with Protocol (No 10)
the Member States in their effort to improve the EU’s defence
on permanent structured cooperation established by
capabilities in the field of crisis management and to sustain the
Article 42 TEU annexed to the TEU and to the TFEU,
CSDP as it stands now and develops in the future.
the Agency should support the implementation of
permanent structured cooperation.
2. The
Agency
shall
identify
operational
requirements,
shall
promote measures to satisfy those requirements, shall contribute
(20) The
Agency should have
decision-making procedures
to identifying and, where appropriate implementing any
allowing it to fulfil its tasks efficiently, while respecting
measure needed to strengthen the industrial and technological
the national security and defence policies of participating
base of the defence sector, shall participate in defining a
Member States.
European capabilities and armaments policy, and shall assist
the Council in evaluating the improvement of military capa
(21) The
Agency
should
fulfil
its
mission
in
full
respect
of
bilities.
Article 40 TEU.
3. The
Agency’s
mission
shall
be
without
prejudice
to
the
(22) The
Agency
should
act
in
full
compliance
with
the
competences of Member States in defence matters.
Council’s security standards and rules.
Article 3
(23) In
accordance
with
Article
5
of
Protocol
(No
22)
on
the
position of Denmark, annexed to the TEU and to the
Definitions
TFEU, Denmark does not participate in the elaboration
For the purpose of this Decision, the following definitions shall
and implementation of decisions and actions of the
apply:
Union which have defence implications. Denmark will
therefore not be bound by this Decision,
(a) ‘participating Member States’ means the Member States of
the European Union which participate in the Agency;
HAS ADOPTED THIS DECISION:
(b) ‘contributing Member States’ means the participating
CHAPTER I
Member States of the European Union which contribute
to a particular project or programme of the Agency.
ESTABLISHMENT, MISSION AND TASKS OF THE AGENCY
Article 1
Article 4
Establishment
Political supervision and reporting arrangements to the
Council
1. An
Agency
in
the
field
of
defence
capabilities
devel
opment, research, acquisition and armaments (hereinafter the
1. The
Agency
shall
operate
under
the
authority
and
the
‘European Defence Agency’ or the ‘Agency’), as originally estab
political supervision of the Council, to which it shall provide
lished by Joint Action 2004/551/CFSP, shall hereby continue in
regular reports and from which it shall receive regular
accordance with the following provisions.
guidelines.
2. The
Agency
shall
act
under
the
Council’s
authority,
in
2. The
Agency
shall
report
regularly
to
the
Council
on
its
support of the CFSP and the CSDP, within the single institu
activities, and shall notably:
tional framework of the European Union, and without prejudice
to the responsibilities of the EU institutions and the Council
(a) submit to the Council in November each year a report on
bodies. The Agency’s mission shall be without prejudice to
the Agency’s activities for that year and provide elements for
other competences of the Union, in full respect of Article 40
the Agency’s work programme and budgets for the
TEU.
following year;

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(b) subject to a Council decision on the establishment of
(b) promote the harmonisation of operational needs and the
permanent structured cooperation, submit to the Council
adoption of effective, compatible procurement methods, in
at least once a year information on the Agency’s
particular by:
contribution to the assessment activities in the context of
permanent structured cooperation, referred to in
(i) promoting and coordinating harmonisation of military
Article 5(3)(f)(ii).
requirements;
The Agency shall provide the Council in good time with
(ii) promoting cost-effective and efficient procurement by
information on important matters to be submitted to the
identifying and disseminating best practices;
Steering Board for decision.
(iii) providing appraisals on financial priorities for capa
3. The
Council,
acting
by
unanimity,
and
with
advice
from
bilities development and acquisition;
the PSC or other competent Council bodies as appropriate, shall
issue guidelines annually in relation to the work of the Agency,
(c) propose multilateral projects to fulfil the objectives in terms
notably with regard to its work programme. The Agency’s work
of military capabilities, ensure coordination of the
programme shall be established within the framework of these
programmes implemented by the Member States and
guidelines.
management of specific cooperation programmes, in
particular by:
4. Every
year,
the
Council,
acting
by
unanimity,
shall
approve a Financial Framework for the Agency for the
(i) promoting and proposing new multilateral cooperative
following 3 years. That Financial Framework shall set out
projects;
agreed priorities associated with the Agency’s 3-year Work
Plan and shall constitute a legally binding ceiling for the first
(ii) identifying and proposing collaborative activities in the
year and planning figures for the second and third year. The
operational domain;
Agency shall provide, no later than 31 March each year, a draft
of the Financial Framework and its associated Work Plan to the
(iii) working for coordination of existing programmes
Steering Board for consideration.
implemented by Member States;
5. The
Agency
may
make
recommendations
to
the
Council
(iv) taking, at the request of Member States, responsibility
and to the Commission as necessary for the implementation of
for managing specific programmes;
its mission.
(v) preparing, at the request of Member States, programmes
to be managed by OCCAR or through other
Article 5
arrangements, as appropriate;
Functions and tasks
(d) support defence technology research, and coordinate and
1. In
fulfilling
its
functions
and
tasks,
the
Agency
shall
plan joint research activities and the study of technical
respect other competences of the Union and those of the EU
solutions meeting future operational needs, in particular by:
institutions.
(i) promoting, in liaison with the Union’s research
2. The
Agency’s
fulfilment
of
its
functions
and
tasks
shall
be
activities where appropriate, research aimed at fulfilling
without prejudice to the competences of Member States in
future security and defence capability requirements and
defence matters.
thereby strengthening Europe’s industrial and tech
nological potential in this domain;
3. The Agency, subject to the authority of the Council, shall
have as its task to:
(ii) promoting more effectively targeted joint defence R&T;
(a) contribute to identifying the Member States’ military capa
(iii) catalysing defence R&T through studies and projects;
bility objectives and evaluating observance of the capability
commitments given by the Member States, in particular by:
(iv) managing defence R&T contracts;
(v) working in liaison with the Commission to maximise
(i) identifying, in association with the competent Council
complementarity and synergy between defence and civil
bodies, including the EUMC, and utilising, inter alia, the
or security-related research programmes;
Capability Development Mechanism (CDM) and any
successor, the EU’s future defence capability
requirements;
(e) contribute to identifying and, if necessary, implementing
any useful measure for strengthening the industrial and
technological base of the defence sector and for
(ii) coordinating the implementation of the Capability
improving the effectiveness of military expenditure, in
Development Plan (CDP) and any successor thereto;
particular by:
(iii) evaluating, against criteria to be agreed by the Member
(i) contributing to the creation of an internationally
States, the capability commitments given by the
competitive European defence equipment market,
Member States, inter alia, through the CDP process
without prejudice to the internal market rules and the
and the CDM and any successor thereto;
competences of the Commission in this field;

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(ii) developing relevant policies and strategies in consul
Article 8
tation with the Commission and, as appropriate,
industry;
Steering Board
1. A Steering Board composed of one representative of each
(iii) pursuing, in consultation with the Commission, EU-
participating Member State, authorised to commit its
wide development and harmonisation of relevant
government, and a representative of the Commission, shall be
procedures, within the tasks of the Agency;
the decision-making body of the Agency. The Steering Board
shall act within the framework of the guidelines issued by the
Council.
(f) subject to a Council decision on the establishment of
permanent structured cooperation, support this cooperation
2. The
Steering
Board
shall
meet
at
the
level
of
Defence
in particular by:
Ministers of the participating Member States or their represen
tatives. The Steering Board shall, in principle, hold at least two
meetings each year at the level of Defence Ministers.
(i) facilitating major joint or European capability devel
opment initiatives;
3. The
Head
of
the
Agency
shall
convene
and
chair
the
Steering Board’s meetings. If a participating Member State so
(ii) contributing to the regular assessment of participating
requests, the Head of the Agency shall convene a meeting
Member States’ contributions with regard to capabilities,
within 1 month.
in particular contributions made in accordance with the
4. The Head of the Agency may delegate the power to chair
criteria to be established, inter alia, on the basis of
the Steering Board’s meetings at the level of the representatives
Article 2 of Protocol (No 10) on permanent structured
of the Ministers of Defence.
cooperation annexed to the TEU and the TFEU and
reporting thereon at least once a year.
5. The
Steering
Board
may
meet
in
specific
compositions
(such as NADs, Capability Directors, R&T Directors or
Article 6
Defence Policy Directors).
Legal personality
6. The
Steering
Board
meetings
are
attended
by:
The Agency shall have legal personality in order to perform its
(a) the Chief Executive of the Agency, referred to in Article 10,
functions and attain its objectives. Member States shall ensure
or his/her representative;
that the Agency enjoys the most extensive legal capacity
accorded to legal persons under their laws. The Agency may,
(b) the Chairman of EUMC or his/her representative;
in particular, acquire or dispose of movable and immovable
property and be a party to legal proceedings. The Agency
(c) representatives of the European External Action Service
shall have the capacity to conclude contracts with private or
(EEAS).
public entities or organisations.
7. The Steering Board may decide to invite, on matters of
CHAPTER II
common interest:
ORGANS AND STAFF OF THE AGENCY
(a) the NATO Secretary-General or his/her nominated represen
tative;
Article 7
Head of the Agency
(b) the Heads/Chairs of other arrangements, groupings or
organisations whose work is relevant to that of the
1. The
Head
of
the
Agency
shall
be
the
High
Representative
Agency (such as those established under the LoI
of the Union for Foreign Affairs and Security Policy (HR).
Framework Agreement, as well as OCCAR and ESA);
(c) as appropriate, representatives of other third parties.
2. The
Head
of
the
Agency
shall
be
responsible
for
the
Agency’s overall organisation and functioning and shall ensure
Article 9
that the guidelines issued by the Council and the decisions of
the Steering Board are implemented by the Chief Executive, who
Tasks and powers of the Steering Board
shall report to the Head of the Agency.
1. Within the framework of the guidelines of the Council
referred to in Article 4(1), the Steering Board:
3. The
Head
of
the
Agency
shall
present
the
Agency’s
reports
to the Council as referred to in Article 4(2).
(a) shall approve the reports to be submitted to the Council;
(b) shall approve, on the basis of a draft submitted by the
4. The
Head
of
the
Agency
shall
be
responsible
for
the
Head of the Agency, and no later than 31 December of
negotiation of administrative arrangements with third
each year, the Agency’s annual work programme for the
countries and other organisations, groupings or entities in
following year;
accordance with directives given by the Steering Board.
Within such arrangements, as approved by the Steering Board,
(c) shall adopt the Agency’s general budget no later than 31
the Head of the Agency shall be responsible for establishing
December of each year within the limits set in the Agency’s
appropriate working relations with them.
Financial Framework as decided by the Council;

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(d) shall approve the establishment within the Agency of ad
the participating Member States and, unless the Steering
hoc projects or programmes in accordance with Article 19;
Board decides otherwise, a representative of the
Commission.
(e) shall appoint the Chief Executive and up to two deputies;
The decision to establish such committees shall specify their
(f) shall decide that the Agency may be entrusted by one or
mandate and duration.
more Member States with the administrative and financial
management of certain activities within its remit in
Article 10
accordance with Article 17;
The Chief Executive
(g) shall approve any recommendation to the Council or the
Commission;
1. The
Chief
Executive,
and
his/her
Deputy(ies),
shall
be
appointed by the Steering Board on a proposal from the
(h) shall adopt the Agency’s rules of procedure;
Head of the Agency for 3 years. The Steering Board may
grant a 2-year extension. The Chief Executive and up to two
(i) may amend the financial provisions for the implementation
Deputies shall act under the authority of the Head of the
of the Agency’s general budget;
Agency and in accordance with the decisions of the Steering
Board.
(j) may amend the rules and regulations applicable to
contractual staff and seconded national experts;
2. The
Chief
Executive,
assisted
by
his/her
Deputy(ies),
shall
take all necessary measures to ensure the efficiency and effec
(k) shall determine the technical and financial arrangements
tiveness of the Agency’s work. The Chief Executive shall be
regarding Member States’ participation or withdrawal
responsible for the oversight and coordination of the functional
referred to in Article 1(4);
units, in order to ensure the overall coherence of their work.
The Chief Executive shall be the head of the Agency’s staff.
(l) shall
adopt
directives
regarding
the
negotiation
of
adminis
trative arrangements by the Head of the Agency;
3. The
Chief
Executive
is
responsible
for:
(m) shall approve the ad hoc arrangements referred to in
(a) ensuring the implementation of the Agency’s annual work
Article 22(1);
programme;
(n) shall conclude the administrative arrangement between the
(b) preparing the work of the Steering Board, in particular the
Agency and third parties referred to in Article 24(1);
draft annual work programme of the Agency;
(o) shall approve the annual accounts and balance sheet;
(c) preparing the draft annual general budget to be submitted
(p) shall adopt all other relevant decisions relating to the
to the Steering Board;
fulfilment of the Agency’s mission.
(d) preparing the 3-year Work Plan to be submitted to the
2. Unless
otherwise
provided
for
in
this
Decision,
the
Steering Board;
Steering Board shall take decisions by qualified majority. The
votes of the participating Member States shall be weighted in
(e) preparing the 3-year Financial Framework to be submitted
accordance with paragraphs 4 and 5 of Article 16 TEU. Only
to the Council;
the representatives of the participating Member States shall take
part in the vote.
(f) ensuring close cooperation with, and providing information
to, the Council preparatory bodies, notably the PSC and the
3. If
a
representative
of
a
participating
Member
State
in
the
EUMC;
Steering Board declares that, for important and stated reasons of
national policy, it intends to oppose the adoption of a decision
(g) preparing the reports referred to in Article 4(2);
to be taken by qualified majority, a vote shall not be taken. That
representative may refer the matter, through the Head of the
(h) preparing the statement of revenue and expenditure and
Agency, to the Council with a view to issuing guidelines to the
implementing the Agency’s general budget and the
Steering Board, as appropriate. Alternatively, the Steering Board,
budgets of ad hoc projects or programmes entrusted to
acting by qualified majority, may decide to refer the matter to
the Agency;
the Council for decision. The Council shall act by unanimity.
4. The
Steering
Board,
on
a
proposal
from
the
Chief (i) the day-to-day administration of the Agency;
Executive or from a participating Member State, may decide
to set up:
(j) all security aspects;
(a) committees for the preparation of administrative and
(k) all staff matters.
budgetary decisions of the Steering Board, composed of
delegates of the participating Member States and a represen
4. Within the work programme and the general budget of
tative of the Commission;
the Agency, the Chief Executive shall be empowered to enter
into contracts and to recruit staff. The Chief Executive shall be
(b) committees specialised in specific issues within the Agency’s
the authorising officer responsible for the implementation of the
remit. These committees shall be composed of delegates of
budgets administered by the Agency.

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5. The
Chief
Executive
shall
be
accountable
to
the
Steering 2. The
appropriations
entered
in
a
budget
are
authorised
for
Board.
the duration of a financial year which begins on 1 January and
ends on 31 December of the same year.
6. The
Chief
Executive
shall
be
the
legal
representative
of
the
Agency.
Article 11
3. For each budget, revenue and expenditure must be
balanced. All revenue and expenditure shall be entered in full
Staff
in the relevant budget without any adjustment against each
other.
1. The
staff
of
the
Agency,
including
the
Chief
Executive,
shall consist of contract and statutory staff members recruited
from among candidates from all participating Member States on
the broadest possible geographical basis, and from the EU insti
4. The
budget
shall
contain
differentiated
appropriations,
tutions. The staff of the Agency shall be selected by the Chief
which shall consist of commitment appropriations and
Executive on the basis of relevant competence and expertise and
payment appropriations and non-differentiated appropriations.
through fair and transparent competition procedures. The Chief
Executive shall publish in advance details of all available
positions and the criteria relevant to the selection process. In
5. Commitment
appropriations
shall
cover
the
total
cost
of
all cases, recruitment shall be directed to securing for the
the legal commitments entered into during the current financial
Agency the services of staff of the highest standard of ability
year. However, commitments may be made globally or in
and efficiency.
annual instalments. Commitments shall be entered into the
accounts on the basis of the legal commitments entered into
2. The Head of the Agency, upon a proposal from the Chief
up to 31 December.
Executive and following consultation with the Steering Board,
shall appoint, and renew the contracts of, the staff of the
Agency at senior management level.
6. Payment
appropriations
shall
cover
payments
made
to
honour the legal commitments entered into the current
3. The
Agency
staff
shall
consist
of:
financial year and/or earlier financial years. Payments shall be
(a) personnel recruited directly by the Agency under fixed-term
entered in the accounts on the basis of the budget
contracts, selected among nationals of participating Member
commitments up to 31 December.
States. The Council, acting by unanimity, has approved the
regulations applicable to such staff ( 1 ). The Steering Board
shall review and amend as necessary those regulations
7. The
revenue
of
a
financial
year
shall
be
entered
in
the
where they empower it to do so;
accounts for the financial year on the basis of the amounts
collected during that financial year.
(b) national experts seconded by participating Member States
either to posts within the Agency organisational structure
or for specific tasks and projects. The Council, acting by
8. Neither
revenue
nor
expenditure
may
be
implemented
unanimity, has approved the regulations applicable to such
other than by allocation to a heading in the budget and
staff ( 2 ). The Steering Board shall review and amend as
within the limit of the appropriations entered therein.
necessary those regulations, where they empower it to do
so;
(c) Union officials seconded to the Agency for a fixed period
9. Appropriations
shall
be
used
in
accordance
with
the
prin
and/or for specific tasks or projects as required.
ciples of sound financial management, namely in accordance
with the principles of economy, efficiency and effectiveness.
4. The
Court
of
Justice
of
the
European
Union
shall
have
jurisdiction over any dispute between the Agency and any
person to whom the regulations applicable to the staff of the
Article 13
Agency may apply.
The general budget
CHAPTER III
1. The
Head
of
the
Agency
shall
provide
the
Steering
Board,
BUDGET AND FINANCIAL RULES
by 31 March each year, with an overall estimate of the draft
general budget for the following year, with respect to the
Article 12
planning figures set down in the Financial Framework.
Budgetary principles
1. Budgets,
drawn
up
in
euro,
are
the
acts
which
for
each 2. The Head of the Agency shall propose the draft general
financial year lay down and authorise all the revenue and
budget to the Steering Board by 30 June each year. The draft
expenditure administered by the Agency.
shall include:
( 1 ) Council Decision 2004/676/EC of 24 September 2004 concerning
the Staff Regulations of the European Defence Agency (OJ L 310,
(a) the appropriations deemed necessary:
7.10.2004, p. 9).
( 2 ) Council Decision 2004/677/EC of 24 September 2004 concerning
the Rules applicable to national experts and military staff on
secondment to the European Defence Agency (OJ L 310, 7.10.2004,
(i) to cover the Agency’s running, staffing and meeting
p. 64).
costs;

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(ii) for procuring external advice, notably operational
proposal from the Chief Executive, may authorise expenditure in
analysis, essential for the Agency to discharge its tasks,
excess of one twelfth, provided that the overall budget appro
and for specific research and technology activities for
priations for that financial year do not exceed those of the
the common benefit of all participating Member
previous financial year. The Chief Executive may call for the
States, notably technical case-studies and pre-feasibility
contributions necessary to cover the appropriations authorised
studies;
under this provision, which shall be payable within 30 days
from dispatch of the call for contributions.
(b) a forecast of the revenue needed to cover expenditure.
Article 14
3. The
Steering
Board
shall
aim
to
ensure
that
the
appro
Amending budgets
priations referred to in paragraph 2(a)(ii) represent a significant
share of the total appropriations referred to in paragraph 2.
1. In
the
case
of
unavoidable,
exceptional
or
unforeseen
These appropriations shall reflect actual needs and shall allow
circumstances, the Chief Executive may propose a draft
for an operational role for the Agency.
amending budget, within the limits set out in the Financial
Framework.
4. The
draft
general
budget
shall
be
accompanied
by
a
detailed staff establishment plan and detailed justifications.
2. The
draft
amending
budget
shall
be
drawn
up,
proposed,
and adopted and notification given in accordance with the same
5. The
Steering
Board,
acting
by
unanimity,
may
decide
that procedure as the general budget, within the limits set out in the
the draft general budget shall, furthermore, cover a particular
Financial Framework. The Steering Board shall act with due
project or programme where this is clearly for the common
account to the urgency.
benefit of all participating Member States.
3. In the situation where the limits set down in the Financial
6. The
appropriations
shall
be
classified
in
titles
and
chapters Framework would be considered insufficient due to exceptional
grouping expenditure by type or purpose, subdivided as
and unforeseen circumstances, taking also in full account rules
necessary into articles.
set out in Article 13(2) and (3), the Steering Board will submit
the amending budget for adoption by the Council, acting by
unanimity.
7. Each
title
may
include
a
chapter
entitled
‘provisional
appropriations’. These appropriations shall be entered where
there is uncertainty, based on serious grounds, about the
Article 15
amount of appropriations needed or the scope for imple
Earmarked revenue
menting the appropriations entered.
1. The
Agency
may
receive
in
its
general
budget
as
earmarked revenue for a specific purpose financial contributions
8. Revenue
shall
consist
of:
to cover costs other than those referred to under
Article 13(2)(a)(i):
(a) contributions payable by the Member States participating in
the Agency based on the gross national income (GNI) scale;
(a) from the general budget of the European Union on a case-
by-case basis, in full respect of the rules, procedures and
(b) other revenue.
decision-making processes applicable to it;
The draft general budget shall carry lines to accommodate
(b) from Member States, third countries or other third parties.
earmarked revenue and, wherever possible, shall indicate the
amount foreseen.
2. Earmarked
revenue
may
only
be
used
for
the
specific
purpose to which it is assigned.
9. The Steering Board shall adopt the draft general budget by
31 December of each year within the Agency’s Financial
Framework. When doing so, the Steering Board shall be
Article 16
chaired by the Head of the Agency, or by a representative
Contributions and reimbursements
appointed by the Head of the Agency, or by a member of
the Steering Board invited to do so by the Head of the
1. Determination of contributions where the GNI scale is
Agency. The Chief Executive shall declare that the budget has
applicable:
been adopted and shall notify the participating Member States.
(a) Where the GNI scale is applicable, the breakdown of
10. If, at the beginning of a financial year, the draft general
contributions between the Member States from which a
budget has not been adopted, a sum equivalent to not more
contribution is required shall be determined in accordance
than one twelfth of the budget appropriations for the preceding
with the gross national product scale as specified in
financial year may be spent each month in respect of any
Article 41(2) TEU and in accordance with Council
chapter or other subdivision of the budget. This arrangement
Decision 2007/436/EC, Euratom of 7 June 2007 on the
shall not, however, have the effect of placing at the disposal of
system of the European Communities’ own resources ( 1 ),
the Agency appropriations in excess of one twelfth of those
or any other Council Decision which may replace it.
provided for in the draft general budget in course of prep
aration. The Steering Board, acting by qualified majority on a
( 1 ) OJ L 163, 23.6.2007, p. 17.

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(b) The data for the calculation of each contribution shall be
3. The
financial
provisions
and
rules
referred
to
in
this
those set out in the ‘GNI own resources’ column in the
Article are not applicable to ad hoc projects and programmes
‘Summary of financing of the general budget by type of
as referred to in Articles 19 and 20.
own resource and by Member State’ table appended to the
latest budget of the European Union. The contribution of
each Member State from which a contribution is due shall
CHAPTER IV
be proportional to the share of that Member State’s GNI in
the total GNI aggregate of the Member States from which a
AD HOC PROJECTS OR PROGRAMMES AND ASSOCIATED
contribution is due.
BUDGETS
Article 19
2. Schedule
for
payment
of
contributions:
Approval of Category A (opt out) ad hoc projects or
(a) The contributions intended to finance the Agency’s general
programmes and ad hoc budgets associated thereto
budget shall be paid by the participating Member States in
1. One or more participating Member States or the Chief
three equal instalments, by 15 February, 15 June and 15
Executive may submit to the Steering Board an ad hoc
October of the financial year concerned.
project or programme within the Agency’s remit, which shall
(b) When an amending budget is adopted, the necessary
presume general participation by the participating Member
contributions shall be paid by the Member States
States. The Steering Board shall be informed of the ad hoc
concerned within 60 days of dispatch of the call for
budget, if any, to be associated with the proposed project or
contributions.
programme, as well as of potential contributions by third
parties.
(c) Each Member State shall pay the bank charges relating to
the payment of its own contributions.
2. All participating Member States shall in principle
(d) If the annual budget is not approved by the end of
contribute. They shall inform the Chief Executive of their
November, the Agency may issue upon request of a
intentions in this regard.
Member State an individual provisional call for
contributions from that Member State.
3. The Steering Board shall approve the establishment of the
ad hoc project or programme.
Article 17
Management by the Agency of expenditure on behalf of
Member States
4. The
Steering
Board,
on
a
proposal
from
the
Chief
Executive or from a participating Member State, may decide
1. The
Steering
Board,
on
a
proposal
from
the
Chief to set up a committee to supervise the management and imple
Executive or a Member State, may decide that the Agency
mentation of the ad hoc project or programme. The committee
may be entrusted by Member States with the administrative
shall be composed of delegates from each of the contributing
and financial management of certain activities within its remit.
Member States and, when the Union contributes to the project
or programme, a representative of the Commission. The
2. The
Steering
Board,
in
its
decision,
may
authorise
the decision of the Steering Board shall specify the committee’s
Agency to enter into contracts on behalf of certain Member
mandate and duration.
States. It may authorise the Agency to collect the necessary
funds from these Member States in advance to honour the
contracts entered into.
5. For the ad hoc project or programme, the contributing
Member States, meeting within the Steering Board, shall
Article 18
approve:
Implementation of the budget
1. The
financial
provisions
applicable
to
the
Agency’s
general (a) the rules governing the management of the project or
budget have been adopted by the Council, by unanimity ( 1 ). The
programme;
Steering Board, acting by unanimity, shall review and amend
these provisions, as necessary.
(b) where appropriate, the ad hoc budget associated with the
2. The
Steering
Board,
acting
on
a
proposal
from
the
Chief
project or programme, the key for contributions and the
Executive, shall as necessary adopt the implementing rules
necessary implementing rules;
regarding the implementation and control of the general
budget, notably as regards public procurement, without
prejudice to relevant EU rules. The Steering Board shall
(c) participation of third parties in the committee referred to in
ensure, in particular, that security of supply and protection
paragraph 4. Their participation shall be without prejudice
both of defence secret and intellectual property rights
to the Union’s decision-making autonomy.
requirements are duly taken into account.
6. Where
the
Union
contributes
to
an
ad
hoc
project
or
( 1 ) Council Decision 2007/643/CFSP of 18 September 2007 on the
programme, the Commission shall participate in the decisions
financial rules of the European Defence Agency and on the
referred to in paragraph 5, in full compliance with the decision-
procurement rules and rules on financial contributions from the
operational budget of the European Defence Agency (OJ L 269,
making procedures applicable to the general budget of the
12.10.2007, p. 1).
European Union.

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L 183/24
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Official Journal of the European Union
13.7.2011
Article 20
20, and to the budget associated with it. The Steering Board
shall, acting by qualified majority, approve as necessary the ad
Approval of Category B (opt in) ad hoc projects, or
hoc arrangements between the Agency and third parties for
programmes and ad hoc budgets associated thereto
each particular project or programme.
1. One
or
more
participating
Member
States
may
inform
the
Steering Board that they intend to establish an ad hoc project or
programme within the Agency’s remit, and where appropriate
2. For
projects
established
under
Article
19,
the
contributing
the ad hoc budget associated with it. The Steering Board shall
Member States meeting within the Steering Board shall approve
be informed of the ad hoc budget, if any, to be associated with
all necessary modalities with the relevant third parties relating
the proposed project or programme and details, if relevant, on
to their contribution.
human resources for such project or programme, as well as of
potential contributions by third parties.
3. For
projects
established
under
Article
20,
the
contributing
Member States shall decide all necessary arrangements with the
2. In
the
interest
of
maximising
opportunities
for
coop
relevant third parties relating to their contribution.
eration, all participating Member States shall be informed of
the ad hoc project or programme, including the basis upon
4. Where
the
Union
contributes
to
an
ad
hoc
project
or
which participation might be expanded, in a timely manner
programme, the Commission shall participate in the decisions
so that any participating Member State may express an
referred to in paragraphs 2 and 3.
interest in joining. Moreover, the initiator(s) of the project or
programme will endeavour to make their membership as wide
as possible. Participation will be established on a case-by-case
CHAPTER V
basis by the initiators.
RELATIONS WITH THE COMMISSION
Article 23
3. The
ad
hoc
project
or
programme
shall
then
be
regarded
as an Agency project or programme, unless the Steering Board
Association with the Agency’s work
decides otherwise within 1 month of receiving the information
referred to in paragraph 1.
1. The
Commission
is
a
member
of
the
Steering
Board
without voting rights and shall be fully associated with the
work of the Agency.
4. Any
participating
Member
State
which,
at
a
later
stage,
wishes to participate in the ad hoc project or programme shall
notify the contributing Member States of its intentions. The
2. The
Commission
may
also
participate
in
projects
and
contributing Member States, within 2 months of receipt of
programmes of the Agency.
that notification, shall decide among themselves, having due
regard to the basis set out when participating Member States
3. The
Agency
shall
establish
the
necessary
administrative
are informed of the project or programme, on the participation
arrangements and working relations with the Commission, in
of the Member State concerned.
particular with a view to exchanging expertise and advice in
those areas where the activities of the Union have a bearing
on the Agency’s mission and where the activities of the Agency
5. The
contributing
Member
States
shall
take
the
decisions are relevant to those of the Union.
necessary for the establishment and implementation of the ad
hoc project or programme and, where appropriate, the budget
associated with it. Where the Union contributes to such a
4. Necessary
arrangements
to
cover
a
contribution,
on
a
project or programme, the Commission shall participate in
case-by-case basis, from the general budget of the European
the decisions referred to in this paragraph in full compliance
Union under Articles 15 and 21, shall be established between
with the decision-making procedures applicable to the general
the Agency and the Commission by mutual agreement, or
budget of the European Union. The contributing Member States
between the contributing Member States and the Commission
shall keep the Steering Board informed, as appropriate, of devel
by mutual agreement.
opments relating to such project or programme.
CHAPTER VI
Article 21
RELATIONS WITH THIRD COUNTRIES, ORGANISATIONS AND
Contributions from the general budget of the European
ENTITIES
Union to ad hoc budgets
Article 24
Contributions from the general budget of the European Union
may be made to the ad hoc budgets established for ad hoc
Administrative arrangements and other matters
projects or programmes referred to in Articles 19 and 20.
1. For
the
purpose
of
fulfilling
its
mission,
the
Agency
may
enter into administrative arrangements with third countries,
organisations and entities. Such arrangements shall notably
Article 22
cover:
Participation of third parties
1. Third
parties
may
contribute
to
a
particular
ad
hoc
project (a) the principle of a relationship between the Agency and the
or programme, established in accordance with Articles 19 or
third party;

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(b) provisions for consultation on subjects related to the
CHAPTER VII
Agency’s work;
MISCELLANEOUS PROVISIONS
(c) security matters.
Article 25
Privileges and immunities
In so doing, the Agency shall respect the single institutional
Privileges and immunities of the Chief Executive and the
framework and the decision-making autonomy of the EU.
Agency’s staff are provided for in the Decision of the represen
Each such arrangement shall be concluded by the Steering
tatives of the Governments of the Member States, meeting
Board upon approval by the Council acting by unanimity.
within the Council, on the privileges and immunities granted
to the European Defence Agency and to its staff members, dated
10 November 2004.
2. The
Agency
shall
develop
close
working
relations
with
the
relevant elements of OCCAR and with those established under
the LoI Framework Agreement, with a view to incorporating
Privileges and immunities of the Agency are provided for in
those elements or assimilating their principles and practices in
Protocol (No 7) on the privileges and immunities of the
due course, as appropriate and by mutual agreement.
European Union, annexed to the Treaty on European Union
and to the Treaty on the Functioning of the European Union.
3. Reciprocal
transparency
and
coherent
developments
in
the
field of capabilities shall be ensured by the application of CDM
Article 26
procedures. Other working relations between the Agency and
relevant NATO bodies shall be defined through an adminis
Review clause
trative arrangement referred to in paragraph 1, in full
No later than 14 July 2014, the Head of the Agency shall
compliance with the established framework of cooperation
present a report to the Steering Board on the implementation
and consultation between the EU and NATO.
of this Decision, with a view to its possible review by the
Council.
4. Within
the
framework
of
arrangements
referred
to
in
paragraph 1, the Agency shall be entitled to establish working
Article 27
relations with organisations and entities other than those
referred to in paragraphs 2 and 3, with a view to facilitating
Legal liability
their possible participation in projects and programmes.
1. The
contractual
liability
of
the
Agency
shall
be
governed
by the law applicable to the contract concerned.
5. Within
the
framework
of
arrangements
referred
to
in
paragraph 1, the Agency shall be entitled to establish working
relations with third countries, with a view to facilitating their
2. The
Court
of
Justice
of
the
European
Union
shall
have
possible participation in specific projects and programmes.
jurisdiction pursuant to any arbitration clause contained in a
contract concluded by the Agency.
6. The
former
non-EU
members
of
the
Western
European
Armaments Group shall be provided with the fullest possible
3. The
personal
liability
of
staff
towards
the
Agency
shall
be
transparency regarding the Agency’s specific projects and
governed by the relevant rules applying to the Agency.
programmes with a view to their participation therein as appro
priate. A consultative committee shall be set up for this
Article 28
purpose, and in order to provide a forum for exchanging
views and information on matters of common interest falling
Access to documents
within the scope of the Agency’s mission. It shall be chaired by
the Chief Executive or his/her representative. It shall include a
The rules laid down in Regulation (EC) No 1049/2001 of the
representative of each participating Member State and a repre
European Parliament and of the Council of 30 May 2001
sentative of the Commission, and representatives of the former
regarding access to European Parliament, Council and
non-EU WEAG members in accordance with arrangements to
Commission documents ( 1 ) shall apply to documents held by
be agreed with them.
the Agency.
7. Upon
request,
other
non-EU
European
NATO
members
Article 29
may also participate in the Consultative Committee referred to
Security
in paragraph 6, in accordance with arrangements to be agreed
with them.
1. The
Agency
shall
apply
the
Council’s
security
regulations
as adopted by Council Decision 2001/264/EC ( 2 ).
8. The
Consultative
Committee
referred
to
in
paragraph
6
may also serve as a forum for dialogue with other third
2. The
Agency
shall
ensure
appropriate
security
in
its
parties on specific matters of mutual interest within the
external communications.
Agency’s remit, and may serve to ensure that they are kept
fully informed of developments in matters of common
( 1 ) OJ L 145, 31.5.2001, p. 43.
interest and of opportunities for future cooperation.
( 2 ) OJ L 101, 11.4.2001, p. 1.

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13.7.2011
Article 30
Article 32
Language Regime
Entry into force
The language regime of the Agency shall be established by the
This Decision shall enter into force on the day of its publication
Council, acting by unanimity.
in the Official Journal of the European Union.
Done at Brussels, 12 July 2011.
Article 31
Repeal of Joint Action 2004/551/CFSP
For the Council
This Decision repeals and replaces Joint Action 2004/551/CFSP
The President
on the establishment of the European Defence Agency.
J. VINCENT-ROSTOWSKI

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