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

2.   The assessment by the EU of Montenegro’s contribution shall be conducted in consultation with Montenegro.

3.   The EU shall provide Montenegro with an early indication of the latter’s likely contribution to the common costs of the operation as soon as possible with a view to assisting Montenegro in the formulation of its offer.

4.   The EU shall communicate the outcome of that assessment to Montenegro by a letter with a view to securing the participation of Montenegro in accordance with the provisions of this Agreement.

1.   Montenegro 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 Montenegro to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the EU.

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 Montenegro shall be governed by the agreement on the status of mission/forces, 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 is conducted, shall be governed by arrangements between the headquarters and command elements concerned and Montenegro.

3.   Without prejudice to the agreement on the status of mission/forces referred to in paragraph 1, Montenegro shall exercise jurisdiction over its personnel participating in the EU crisis management operation.

4.   Montenegro shall be responsible for answering any claims linked to the participation in an EU crisis management operation, from or concerning any of its personnel. Montenegro shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations. A model for such declaration is annexed to this Agreement.

5.   The Parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss, 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.   Montenegro undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which Montenegro participates, and to do so when signing this Agreement.

7.   The EU undertakes to ensure that its Member States make a declaration as regards the waiver of claims, for any future participation of Montenegro in an EU crisis management operation, and to do so when signing this Agreement.

1.   Montenegro shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with:

2.   Montenegro shall inform in due time the Head of Mission of the EU civilian crisis management operation (hereinafter ‘Head of Mission’) and the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter ‘HR’) of any change to its contribution to the EU civilian crisis management operation.

3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from Montenegro. Personnel seconded to the EU civilian crisis management operation shall produce a copy of that certification.

1.   Personnel seconded by Montenegro shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.

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

3.   National authorities shall transfer operational control to the EU.

4.   The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.

5.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.

6.   Montenegro shall have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).

7.   The Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.

8.   A National Contingent Point of Contact (‘NPC’) shall be appointed by Montenegro to represent its national contingent in the operation. The NPC shall report to the Head of Mission on national matters and shall be responsible for day-to-day discipline of the contingent.

9.   The decision to end the operation shall be taken by the EU, following consultation with Montenegro if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.

1.   Without prejudice to Article 8, Montenegro shall assume all the costs associated with its participation in the operation apart from the running costs, as set out in the operational budget of the operation.

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Montenegro shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable agreement on the status of mission referred to in Article 3(1).

1.   Montenegro shall contribute to the financing of the operational budget of an EU civilian crisis management operation.

2.   The financial contribution of Montenegro to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:

3.   Notwithstanding paragraphs 1 and 2, Montenegro shall not make any contribution towards the financing of per diem allowances paid to personnel of the EU Member States.

4.   Notwithstanding paragraph 1, the EU shall, in principle, exempt Montenegro from financial contributions to a particular EU civilian crisis management operation when:

5.   An arrangement on the payment of the contributions of Montenegro to the operational budget of an EU civilian crisis management operation shall be signed between the Head of Mission and the relevant administrative services of Montenegro. That arrangement shall, inter alia, include the following provisions:

1.   Montenegro shall ensure that its forces and personnel participating in an EU military crisis management operation undertake their mission in accordance with:

2.   Personnel seconded by Montenegro shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.

3.   Montenegro shall inform the EU Operation Commander in due time of any change to its participation in the operation.

1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.

2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.

3.   Montenegro shall have the same rights and obligations in terms of the day-to-day management of the operation as participating EU Member States.

4.   The EU Operation Commander may, following consultations with Montenegro, at any time request the withdrawal of Montenegro’s contribution.

5.   A Senior Military Representative (‘SMR’) shall be appointed by Montenegro to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of the Montenegro contingent.

1.   Without prejudice to Article 12, Montenegro shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1), as well as in Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (1).

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Montenegro shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable agreement on the status of forces referred to in Article 3(1).

1.   Montenegro shall contribute to the financing of the common costs of an EU military crisis management operation.

2.   The financial contribution of Montenegro to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:

Where the formula under point (b) of the first subparagraph is used and Montenegro contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by Montenegro to that of the total personnel of the operation.

3.   Notwithstanding paragraph 1, the EU shall, in principle, exempt Montenegro from financial contributions to the common costs of a particular EU military crisis management operation when:

An arrangement shall be concluded between the Administrator provided for in Decision 2008/975/CFSP and the competent administrative authorities in Montenegro. That arrangement shall include, inter alia, provisions on:

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal legal procedures necessary for its entry into force.

2.   This Agreement shall be provisionally applied from the date of signature.

3.   This Agreement shall be subject to regular review.

4.   This Agreement may be amended on the basis of a mutual written agreement between the Parties.

5.   This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect 6 months after receipt of notification by the other Party.