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Crisis management – framework for participation agreements

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Crisis management – framework for participation agreements

SUMMARY OF:

Framework Agreement between the EU and the United Nations for the provision of mutual support in the context of their respective missions and operations in the field

Agreement between the EU and Peru and Decision (EU) 2022/2193 on its signing and conclusion

Agreement between the EU and Vietnam and Decision (EU) 2019/1803 on its signing and conclusion

Agreement between the EU and Jordan and Decision (CFSP) 2019/1328 on its signing and conclusion

Agreement between the EU and Bosnia and Herzegovina and Decision (CFSP) 2015/1967 on its signing and conclusion

Agreement between the EU and Australia and Decision (EU) 2015/916 on its signing and conclusion

Agreement between the EU and Colombia and Decision 2014/538/CFSP on its signing and conclusion

Agreement between the EU and South Korea and Decision 2014/326/CFSP on its signing and conclusion

Agreement between the EU and Chile and Decision 2014/71/CFSP on its signing and conclusion

Agreement between the EU and Georgia and Decision 2014/15/EU (see corrigendum) on its signing and conclusion

Agreement between the EU and Moldova and Decision 2013/12/CFSP on its signing and conclusion

Agreement between the EU and North Macedonia and Decision 2012/768/CFSP on its signing and conclusion

Agreement between the EU and Albania and Decision 2012/344/CFSP on its signing and conclusion

Agreement between the EU and New Zealand and Decision 2012/315/CFSP on its signing and conclusion

Agreement between the EU and Serbia and Decision 2011/361/CFSP on its signing and conclusion

Framework Agreement between the EU and the United States and Decision 2011/318/CFSP on its signing and conclusion

Agreement between the EU and Montenegro and Decision 2011/133/CFSP on its signing and conclusion

Agreement between the EU and Turkey and Decision 2006/482/CFSP on its signing and conclusion

Agreement between the EU and Canada and Decision 2005/851/CFSP on its signing and conclusion

Agreement between the EU and Ukraine and Decision 2005/495/CFSP on its signing and conclusion

Agreement between the EU and Norway and Decision 2005/191/CFSP on its signing and conclusion

Agreement between the EU and Iceland and Decision 2005/191/CFSP on its signing and conclusion

WHAT IS THE AIM OF THE AGREEMENTS AND THE DECISIONS?

The European Union (EU)–United Nations (UN) framework agreement sets out the rules for the provision of mutual logistic, administrative and security support by UN missions and EU operations engaged in crisis and post-conflict situations in the field.
The agreements define the terms of the participation of non-EU countries in EU crisis management operations and the relationship of those countries with the EU in carrying out the missions.
The decisions approve the respective agreements on behalf of the EU.

KEY POINTS

Article 37 of the Treaty on European Union and Article 218 of the Treaty on the Functioning of the European Union provide the necessary legal background conferring authority for the EU to conclude agreements with non-EU countries concerning their participation in EU crisis management operations.

EU crisis management

The European External Action Service Crisis Response and Operational Coordination Department is responsible for activating the service’s Crisis Response System (CRS) (crisis platform, EU situation room and crisis management board). The department also plays a central role in ensuring a swift and effective response across the EU system and consistent policies and action throughout the various phases of the crisis life cycle.
The CRS covers crises which may affect EU security and interests occurring outside the EU, including those affecting the EU delegations or any other EU asset or person in non-EU countries. It also covers crises occurring inside the EU that have an external dimension. CRS ranges from prevention and preparedness to response and recovery, aiming to achieve a comprehensive EU crisis response and management capability.

Participation in EU crisis management operations

Each non-EU country covered by the agreements decides to accept the invitation to participate in EU-led operations on a case-by-case basis. If it accepts, the country also undertakes to abide by the terms of the Council of the European Union decision through which the EU has decided to conduct the operation concerned.
Countries’ contributions could involve civilian personnel, military personnel and materials. The parties also agree on a possible contribution to the operation’s budget. The non-EU country assumes all the costs associated with its participation, except where these costs are provided for in the budget.
At any time, the country may decide to withdraw in whole or in part from the military operation after consultation with the EU.
The decision to end the crisis management operation is essentially an EU decision, though it must consult any country still making a contribution at the time the decision is envisaged.
Any disputes concerning the interpretation or application of an agreement are settled through diplomatic channels.

Status of the non-EU country contingent seconded to an EU-led operation

The status of the non-EU country contingent is governed by the status of mission agreement between the EU and the country in which the operation takes place. If such an agreement has not yet been concluded, the parties agree on an equivalent arrangement before the deployment.
The status of admission agreement defines the privileges and immunities of the seconded personnel.
The country retains the right to exercise jurisdiction over its seconded personnel in the country in which the operation takes place. It will also be responsible for answering any claims relating to its participation in accordance with its national law.

Conduct of operations

The EU is in charge of conducting crisis management operations and defines the objectives and guidelines for the missions. The non-EU country ensures that its personnel and units carry out their tasks in accordance with these guidelines and that its personnel follow the direction of the EU Head of Mission or EU Commander, while fully remaining under their own command.
The non-EU country designates a national point of contact to represent its national contingent in the operation. It reports to the Head of Mission and is responsible for disciplinary matters within the country’s contingent.

Waiver of claims

As part of each agreement, the EU and the non-EU country waive claims against the other party for damages resulting from the performance of their official duties, except in cases of gross negligence or wilful misconduct. This waiver of claims must be declared by the country concerned and by each EU Member State.

FROM WHEN DO THE DECISIONS AND THE AGREEMENTS APPLY?

The EU–UN framework agreement entered into force on 29 September 2020.

Country	Decision	Agreement
Peru	22 December 2021	—
Vietnam	18 July 2019	—
Jordan	18 February 2019	—
Bosnia and Herzegovina	9 March 2012	—
Australia	22 July 2013	—
Colombia	8 July 2014	—
South Korea	28 January 2014	—
Chile	18 November 2013	—
Georgia	18 November 2013	—
Moldova	25 October 2012	—
North Macedonia	9 March 2012	29 October 2012
Albania	23 March 2012	5 June 2012
New Zealand	19 December 2011	—
Serbia	20 December 2010	8 June 2011
United States	31 March 2011	17 May 2011
Montenegro	21 February 2011	22 February 2011
Turkey	10 March 2006	—
Canada	21 November 2005	—
Ukraine	13 June 2005	1 May 2008
Norway	18 October 2004	1 January 2005
Iceland	18 October 2004	1 April 2005

NB:

Some agreements have not yet entered into force. Agreements enter into force on the first day of the first month after the parties notify each other of the completion of the necessary internal legal procedures.
Similar agreements were concluded with Bulgaria and Romania before they joined the EU.

BACKGROUND

For further information, see:

EU peace, security and defence (EEAS)
Enhancing security cooperation in and with Asia (EEAS)
The Civilian Planning and Conduct Capability (EEAS).

MAIN DOCUMENTS

Framework Agreement between the European Union and the United Nations for the Provision of Mutual Support in the context of their respective missions and operations in the field (OJ L 389, 19.11.2020, pp. 2–20).

Agreement between the European Union and the Republic of Peru establishing a framework for the participation of the Republic of Peru in European Union crisis management operations (OJ L 292, 11.11.2022, pp. 14–23).

Agreement between the European Union and the Government of the Socialist Republic of Viet Nam establishing a framework for the participation of Viet Nam in European Union crisis management operations (OJ L 276, 29.10.2019, pp. 3–11).

Agreement between the European Union and the Hashemite Kingdom of Jordan establishing a framework for the participation of the Hashemite Kingdom of Jordan in European Union crisis management operations (OJ L 207, 7.8.2019, pp. 3–11).

Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in the European Union crisis management operations (OJ L 288, 4.11.2015, pp. 4–11).

Agreement between the European Union and Australia establishing a framework for the participation of Australia in European Union crisis management operations (OJ L 149, 16.6.2015, pp. 3–10).

Agreement between the European Union and the Republic of Colombia establishing a framework for the participation of the Republic of Colombia in European Union crisis management operations (OJ L 251, 23.8.2014, pp. 8–15).

Agreement between the European Union and the Republic of Korea establishing a framework for the participation of the Republic of Korea in European Union crisis management operations (OJ L 166, 5.6.2014, pp. 3–10).

Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations (OJ L 40, 11.2.2014, pp. 2–7).

Agreement between the European Union and Georgia establishing a framework for the participation of Georgia in European Union crisis management operations (OJ L 14, 18.1.2014, pp. 2–7).

Agreement between the European Union and the Republic of Moldova establishing a framework for the participation of the Republic of Moldova in European Union crisis management operations (OJ L 8, 12.1.2013, pp. 2–7).

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 (OJ L 338, 12.12.2012, pp. 3–10).

Agreement between the European Union and the Republic of Albania establishing a framework for the participation of the Republic of Albania in the European Union crisis management operations (OJ L 169, 29.6.2012, pp. 2–7).

Agreement between the European Union and New Zealand establishing a framework for the participation of New Zealand in European Union crisis management operations (OJ L 160, 21.6.2012, pp. 2–7).

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 (OJ L 163, 23.6.2011, pp. 2–7).

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 (OJ L 143, 31.5.2011, pp. 2–6).

Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations (OJ L 57, 2.3.2011, pp. 2–7).

Agreement between the European Union and the Republic of Turkey establishing a framework for the participation of the Republic of Turkey in the European Union crisis management operations (OJ L 189, 12.7.2006, pp. 17–22).

Agreement between the European Union and Canada establishing a framework for the participation of Canada in the European Union crisis management operations (OJ L 315, 1.12.2005, pp. 21–26).

Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations (OJ L 182, 13.7.2005, pp. 29–34).

Agreement between the European Union and the Kingdom of Norway establishing a framework for the participation of the Kingdom of Norway in the European Union crisis-management operations (OJ L 67, 14.3.2005, pp. 8–13).

Agreement between the European Union and the Republic of Iceland establishing a framework for the participation of the Republic of Iceland in the European Union crisis-management (OJ L 67, 14.3.2005, pp. 2–7).

Council Decision (EU) 2022/2193 of 22 December 2021 on the signing and conclusion of the Agreement between the European Union and the Republic of Peru establishing a framework for the participation of the Republic of Peru in European Union crisis management operations (OJ L 292, 11.11.2022, pp. 12–13).

Council Decision (EU) 2019/1803 of 18 July 2019 on the signing and conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam establishing a framework for the participation of Viet Nam in European Union crisis management operations (OJ L 276, 29.10.2019, pp. 1–2).

Council Decision (CFSP) 2019/1328 of 18 February 2019 on the signing and conclusion of the Agreement between the European Union and the Hashemite Kingdom of Jordan establishing a framework for the participation of the Hashemite Kingdom of Jordan in European Union crisis management operations (OJ L 207, 7.8.2019, pp. 1–2).

Council Decision (CFSP) 2015/1967 of 9 March 2012 on the signing and conclusion of the Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in European Union crisis management operations (OJ L 288, 4.11.2015, pp. 2–3).

Council Decision (EU) 2015/916 of 22 July 2013 on the signing and conclusion of the Agreement between the European Union and Australia establishing a framework for the participation of Australia in European Union crisis management operations (OJ L 149, 16.6.2015, pp. 1–2).

Council Decision 2014/15/CFSP of 18 November 2013 on the signing and conclusion of the Agreement between the European Union and Georgia establishing a framework for the participation of Georgia in European Union crisis management operations (OJ L 14, 18.1.2014, p. 1).

Successive amendments to Decision 2014/15/CFSP have been incorporated into the original document. This consolidated version is of documentary value only.

Council Decision 2014/71/CFSP of 18 November 2013 on the signing and conclusion of the Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations (OJ L 40, 11.2.2014, p. 1).

Council Decision 2014/538/CFSP of 8 July 2014 on the signing and conclusion of the Agreement between the European Union and the Republic of Colombia establishing a framework for the participation of the Republic of Colombia in European Union crisis management operations (OJ L 251, 23.8.2014, p. 7).

Council Decision 2014/326/CFSP of 28 January 2014 on the signing and conclusion of the Agreement between the European Union and the Republic of Korea establishing a framework for the participation of the Republic of Korea in European Union crisis management operations (OJ L 166, 5.6.2014, pp. 1–2).

Council Decision 2013/12/CFSP of 25 October 2012 on the signing and conclusion of the Agreement between the European Union and the Republic of Moldova establishing a framework for the participation of the Republic of Moldova in European Union crisis management operations (OJ L 8, 12.1.2013, p. 1).

Council Decision 2012/768/CFSP of 9 March 2012 on the signing and conclusion of the 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 (OJ L 338, 12.12.2012, pp. 1–2).

Council Decision 2012/344/CFSP of 23 March 2012 on the signing and conclusion of the Agreement between the European Union and the Republic of Albania establishing a framework for the participation of the Republic of Albania in European Union crisis management operations (OJ L 169, 29.6.2012, p. 1).

Council Decision 2012/315/CFSP of 19 December 2011 on the signing and conclusion of the Agreement between the European Union and New Zealand establishing a framework for the participation of New Zealand in European Union crisis management operations (OJ L 160, 21.6.2012, p. 1).

Council Decision 2011/361/CFSP of 20 December 2010 on the signing and conclusion of the 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 (OJ L 163, 23.6.2011, p. 1).

Council Decision 2011/318/CFSP of 31 March 2011 on the signing and conclusion of the 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 (OJ L 143, 31.5.2011, p. 1).

Council Decision 2011/133/CFSP of 21 February 2011 on the signing and conclusion of the Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations (OJ L 57, 2.3.2011, p. 1).

Council Decision 2006/482/CFSP of 10 April 2006 concerning the conclusion of the Agreement between the European Union and the Republic of Turkey establishing a framework for the participation of the Republic of Turkey in the European Union crisis management operations (OJ L 189, 12.7.2006, p. 16).

Council Decision 2005/851/CFSP of 21 November 2005 concerning the conclusion of the Agreement between the European Union and Canada establishing a framework for the participation of Canada in the European Union crisis management operations (OJ L 315, 1.12.2005, p. 20).

Council Decision 2005/495/CFSP of 13 June 2005 concerning the conclusion of an Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations (OJ L 182, 13.7.2005, p. 28).

Council Decision 2005/191/CFSP of 18 October 2004 concerning the conclusion of agreements between the European Union and the Republic of Iceland, the Kingdom of Norway and Romania establishing a framework for the participation of the Republic of Iceland, the Kingdom of Norway and Romania in the European Union crisis-management operations (OJ L 67, 14.3.2005, p. 1).