Agreement

between the European Union and the Czech Republic on the participation of the Czech Republic in the European Union-led Forces in the Former Yugoslav Republic of Macedonia

THE EUROPEAN UNION,

on the one hand, and

THE CZECH REPUBLIC,

on the other hand,

hereinafter referred to as the "Parties",

TAKING INTO ACCOUNT

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

- the invitation to the Czech Republic to participate in the EU-led operation,

- the successful completion of the Force Generation process and the recommendation by the Operation Commander and the EU Military Committee to agree on the participation of the Czech Republic forces in the EU-led operation,

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

- the exchange of letters between the Government of the Former Yugoslav Republic of Macedonia and the Secretary-General/High Representative on the conduct of the Operation,

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

HAVE AGREED AS FOLLOWS:

Article 1

Framework and definitions

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

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

(a) "Operation Concordia" means the European Union Military Operation in the Former Yugoslav Republic of Macedonia foreseen in the Joint Action 2003/92/CFSP;

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

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

(d) "Mechanism" means the Operational Financing Mechanism established by the Council Decision of 27 January 2003 to provide for the financing of the common costs of the European Union Military Operation in the Former Yugoslav Republic of Macedonia;

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

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

Article 2

Participation in the Operation

1. The Czech Republic shall participate in the Operation Concordia with a contingent as determined in conformity with the Czech legal order and accepted on the occasion of the Force Generation Conference.

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

3. The Czech Republic shall inform the EU Operation Commander, the EUF Commander and the EU Military Staff of any change to its participation in the Operation Concordia.

Article 3

Status

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

2. The status of personnel contributed to Headquarters or Command elements located outside FYROM shall be governed by arrangements between the Headquarters and Command elements concerned and the Czech Republic.

Article 4

Chain of command

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

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

3. National authorities shall transfer Operational Control (OPCON) to the EU Operation Commander. The Operation Commander is entitled to delegate his authority.

4. The Czech Republic shall have the same rights and obligations in terms of day-to-day management of the Operation Concordia as participating Member States in accordance with Article 8(4) of the Joint Action 2003/92/CFSP and the Political and Security Committee Decision FYROM/01/03 on the establishment of the Committee of Contributors.

5. The Czech Republic shall exercise jurisdiction over its personnel. The Operation Commander and the Force Commander may at any time request the withdrawal of the Czech Republic personnel.

6. A Senior Military Representative (SMR) shall be appointed by the Czech Republic to represent its national contingent in EUF. The SMR shall consult the EUF Commander on all matters affecting the Operation Concordia and shall be responsible for day-to-day contingent discipline.

Article 5

Classified information

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

Article 6

Financial aspects

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

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

Article 7

Contributions to the common costs

1. The Czech Republic shall contribute to the common costs of the Operation Concordia an amount of EUR 52001 per six months.

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

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

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

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

Article 8

Non-compliance

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

Article 9

Entry into force

This Agreement shall enter into force upon signature. It shall remain in force for the duration of the contribution of the Czech Republic to the Operation Concordia.

Done at Brussels, on

>PIC FILE= "L_2003229EN.004101.TIF">, in the English language in four copies.

For the European Union

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For the Czech Republic

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

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