HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 143/2
EN
Official Journal of the European Union
31.5.2011
FRAMEWORK AGREEMENT
between the United States of America and the European Union on the participation of the United
States of America in European Union crisis management operations
THE UNITED STATES OF AMERICA (UNITED STATES)
and
THE EUROPEAN UNION (‘EU’ OR ‘EUROPEAN UNION’)
hereinafter referred to collectively as the ‘Parties’,
Whereas:
The European Union may decide to take action in the field of crisis management.
The past 2 decades have witnessed a rise in the efforts of governments and multilateral organisations to use means to
reduce the incidence of conflict around the world.
The United States and the EU share a desire to foster peaceful reconciliation and to facilitate reconstruction and
stabilisation through burden sharing in crisis management operations, and believe there is an enhanced potential for
success of such EU operations created by the contribution of experts by the United States.
The United States and the EU wish to set down general conditions regarding the participation of the United States in EU
crisis management operations 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,
HAVE AGREED AS FOLLOWS:
Article 1
5. The
United
States
may,
on
its
own
initiative
or
at
the
request of the EU, and following consultations between the
Decisions relating to participation
Parties, withdraw wholly or in part, at any time, from partici
1. Following the decision of the European Union to invite
pation in an EU crisis management operation.
the United States to participate in an EU crisis management
operation, and once the United States has decided to participate,
the United States shall provide information to the European
Union on its proposed contribution to the operation. A
Article 2
decision by the United States to participate in an EU crisis
management operation reflects its agreement to respect the
Scope
terms of the Council Decision whereby the EU decided to
1. Except
as
may
be
otherwise
agreed
in
writing
by
the
conduct the relevant operation (the Council Decision).
Parties, this Agreement applies only to EU crisis management
operations to which the United States makes a contribution
after the date of signature of this Agreement and is without
prejudice to any existing agreements regulating the participation
2. The
European
Union
and
the
United
States
shall
consult of the United States in an EU crisis management operation.
regarding the United States’ proposed contribution, including on
the possible contribution to the operational budget of the
operation, and, if they agree to proceed with the participation,
such participation shall be carried out in accordance with the
2. This
Agreement
only
addresses
contributions
of
civilian
provisions of this Agreement and any related implementing
personnel, units, and assets by the United States to EU crisis
arrangement(s) entered into by the Parties.
management operations (the ‘U.S. contingent’).
3. The
contribution
of
the
United
States
to
EU
crisis
Article 3
management operations shall be without prejudice to the
decision-making autonomy of the European Union, and shall
Status of Personnel and Units
not prejudge the case-by-case nature of the decisions of the
United States to participate in an EU crisis management
1. The
status
of
the
U.S.
contingent
assigned
to
an
EU
crisis
operation.
management operation, and in particular the privileges and
immunities they enjoy, shall be governed by the agreement
on the status of the mission (the status agreement) concluded
between the EU and the State in which the operation is being
conducted, provided that: (a) the United States shall be afforded
4. The
European
Union
shall
advise
the
United
States
prior an opportunity to examine the status agreement prior to
to any decision to modify the Council Decision referred to in
deciding whether or not to participate in the operation and
paragraph 1 or to adopt or modify any related implementing
(b) if no status agreement has been concluded at the time it
measures.
is needed for examination, the Parties shall consult and agree on

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EN
31.5.2011 Official
Journal
of
the
European
Union L
143/3
an appropriate alternative arrangement concerning the status of
Article 4
the U.S. contingent prior to its deployment, without prejudice
to the EU’s overall responsibility for concluding host country
Classified Information
arrangements on the status of EU personnel and units.
The Agreement between the government of the United States of
America and the European Union on the security of classified
information, done at Washington on 30 April 2007, shall apply
in the context of EU crisis management operations.
2. The
status
of
a
U.S.
contingent
serving
in
headquarters
or
command elements located outside the country (or countries)
where the operation is being conducted shall be governed, as
Article 5
appropriate, by arrangements between the headquarters and
command elements or the State(s) concerned and the United
Participation in the operation
States.
1. The
United
States
shall
seek
to
ensure,
by
means
of
specific instructions, that personnel made available as part of
its contribution to EU crisis management operations (assigned
personnel) undertake their mission in a manner consistent with,
and fully supportive of the Council Decision referred to in
3. To
the
extent
permitted
by
its
own
laws
and
regulations, Article 1, the operation plan and related implementing
the United States shall have the right to exercise jurisdiction
measures.
over its assigned personnel in the country where the
operation is deployed.
2. The
United
States
shall
consult
in
due
time
with
the
EU
regarding any change in its contribution to an EU crisis
management operation under this Agreement.
4. The
United
States
shall
be
responsible
for
responding
to
claims linked to its participation in an EU crisis management
operation, from or concerning any of its personnel, in
accordance with U.S. law. This provision does not constitute
a waiver of the sovereign immunity of the United States.
3. Assigned
personnel
shall
receive
appropriate
medical
Nothing in this Agreement is intended to create jurisdiction
certification, and shall be provided a copy of this certification
in a court where such jurisdiction does not already exist, or
for production upon request by appropriate EU authorities.
to provide for an enforceable right against the United States
in such a court.
Article 6
Chain of Command
5. The
Parties
agree
to
waive
any
and
all
claims
(other
than 1. During the period of deployment, the EU Commander or
contractual claims) against each other for damage to, loss of, or
Head of Mission shall exercise supervisory authority and direct
destruction of assets owned/operated by either Party, or injury
the activities of assigned personnel and units.
or death to personnel of either Party, arising out of the
performance of their official duties in connection with activities
under this Agreement, except in the case of gross negligence or
wilful misconduct.
2. Assigned
personnel
and
units
shall
remain
under
the
overall authority of the United States.
6. The
United
States
undertakes
to
make
a
declaration
as
regards the waiver of claims on a reciprocal basis against any
3. The
United
States
shall
seek
to
ensure,
by
means
of
EU Member State participating in an EU crisis management
specific instructions, that assigned personnel carry out their
operation in which the United States participates, and to do
duties and conduct themselves in full conformity with the
so when signing this Agreement.
objectives of the operation and under the direction and
guidance of the EU Commander or Head of Mission.
7.
The EU undertakes to ensure that EU Member States make
4. The
United
States
shall
have
the
same
rights
and
obli
a declaration as regards the waiver of claims, for any future
gations in terms of day-to-day management of EU crisis
participation by the United States in an EU crisis management
management operations as participating Member States of the
operation and to do so when signing this Agreement.
European Union taking part in the operation.

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L 143/4
EN
Official Journal of the European Union
31.5.2011
5. The
EU
Commander
or
Head
of
Mission
shall
be
Article 8
responsible for overall disciplinary control over assigned
personnel. Any disciplinary action shall be taken, as appropriate,
Arrangements to implement the Agreement
by the United States.
Any necessary technical, financial, and administrative
arrangements in pursuance of the implementation of this
6. A
National
Contingent
Point
of
Contact
(NPC)
shall
be Agreement shall be signed by the appropriate authorities of
appointed by the United States to represent its national
the United States and of the European Union.
contingent in the relevant EU crisis management operation.
The NPC shall report to the Head of Mission on national
Article 9
matters and shall be responsible for day-to-day contingent
discipline.
Dispute Settlement
7. The
decision
to
end
an
operation
shall
be
taken
by
the Disputes concerning the interpretation or application of this
European Union, following consultation with the United States,
Agreement shall be settled by diplomatic means between the
if it is still contributing to the EU crisis management operation
Parties.
at the time such decision is being considered.
Article 10
Article 7
Entry into force and termination
Financial Aspects
1. This
Agreement
shall
enter
into
force
on
the
first
day
of
1. The
United
States
shall
assume
the
costs
associated
with the first month after the Parties have notified each other of the
its participation in EU crisis management operations, unless
completion of the internal procedures necessary for that
covered by common funding, as set out in the operational
purpose.
budget of the mission.
2. This
Agreement
shall
be
provisionally
applied
from
the
2. The
European
Union
shall
exempt
the
United
States
from date of signature.
financial contributions to the operational budget of an EU crisis
management operation when the European Union decides that
the United States is providing a significant contribution. The
3. This
Agreement
shall
be
subject
to
regular
review
by
the
United States shall be notified of the EU decision regarding
Parties.
financial contributions to the operational budget at the time
of the consultations referred to in Article 1(2).
4. This
Agreement
may
be
amended
on
the
basis
of
a
mutual
written agreement between the Parties.
3. The
participation
of
the
United
States
under
this
Agreement in EU crisis management operations shall be
5. Either
Party
may
terminate
this
Agreement
upon
six
subject to the availability of appropriated funds.
months’ written notice to the other Party.
Done at Washington, in duplicate, in the English language, this seventeenth day of May in the year two
thousand and eleven.
For the European Union
For the United States of America
C. ASHTON
H. CLINTON

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EN
31.5.2011 Official
Journal
of
the
European
Union L
143/5
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 United States participates, intend, insofar as their internal legal systems so permit, to waive as
far as possible claims against the United States 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 United States in the execution of their duties in connection with
an EU crisis management operation, except in case of gross negligence or wilful misconduct, or
— arose from the use of any assets owned by the United States, 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 United States using those assets.’.
Text for the United States:
‘The United States, when it is participating in an EU crisis management operation, intends, 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 an 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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