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

• Published date: 12 January 2013
• Official Gazette Publication: Diario Oficial de la Unión Europea, R 008, 12 de enero de 2013,Journal officiel de l’Union européenne, R 008, 12 janvier 2013,Diario Oficial de la Unión Europea, L 144, 30 de mayo de 2013

12.1.2013 EN Official Journal of the European Union L 8/1

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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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(5) and (6) thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) Conditions regarding the participation of third States in European Union 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.

(2) Following the adoption of a Decision by the Council on 25 June 2012 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated an 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 (‘the Agreement’).

(3) The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and the Republic of Moldova establishing a framework for the participation of the Republic of Moldova in the European Union crisis management operations is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.

Article 3

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement.

Article 4

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 25 October 2012.

For the Council

The President

M. BØDSKOV

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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

THE EUROPEAN UNION (EU)

of the one part, and

THE REPUBLIC OF MOLDOVA

of the other part,

hereinafter referred to as the ‘Parties’,

Whereas:

(1) The European Union may decide to take action in the field of crisis management, including peace-keeping operations or humanitarian operations.

(2) The European Union will decide whether third States will be invited to participate in an EU crisis management operation. The Republic of Moldova may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of that proposed contribution.

(3) Conditions regarding the participation of the Republic of Moldova in EU crisis management operations should be laid down 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.

(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 decision for the Republic of Moldova to participate in an EU crisis management operation, in accordance with its legal system.

(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 Moldova in an EU crisis management operation that has already been deployed,

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

Article 1

Decisions relating to the participation

1. Following the decision of the European Union to invite the Republic of Moldova to participate in an EU crisis management operation, and once the Republic of Moldova has decided to participate, such State shall provide information on its proposed contribution to the European Union.

2. The assessment by the European Union of proposed contribution shall be conducted in consultation with the Republic of Moldova.

3. The European Union shall provide the Republic of Moldova with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting the Republic of Moldova in the formulation of its offer.

4. The European Union shall communicate the outcome of that assessment to the Republic of Moldova by a letter with a view to securing its participation in accordance with the provisions of this Agreement.

Article 2

Framework

1. The Republic of Moldova shall associate itself with the Council Decision by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any other Decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.

2. The contribution of the Republic of Moldova to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the EU.

Article 3

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 EU military crisis management operation by the Republic of Moldova shall be governed by the agreement on the status of forces/mission, if concluded, between the EU and the State(s) in which the operation is conducted.

2. The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and the competent authorities of the Republic of Moldova.

3. Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the Republic of Moldova shall exercise jurisdiction over its personnel participating in the EU crisis management operation. In cases where the forces of the Republic of Moldova operate on board a vessel or aircraft of an EU Member State, the latter State shall exercise jurisdiction in accordance with its internal laws and procedures.

4. The Republic of Moldova shall be responsible for answering any claims linked to the participation in an EU crisis management operation, from or concerning any of its personnel and shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.

5. The Parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss of, or destruction of assets owned/operated by either Party, or injury 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.

6. The Republic of Moldova undertakes to make a declaration as regards the waiver of claims against any State participating in an EU...