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Document 02015D1835-20151013
Council Decision (CFSP) 2015/1835 of 12 October 2015 defining the statute, seat and operational rules of the European Defence Agency (recast)
Consolidated text: Council Decision (CFSP) 2015/1835 of 12 October 2015 defining the statute, seat and operational rules of the European Defence Agency (recast)
Council Decision (CFSP) 2015/1835 of 12 October 2015 defining the statute, seat and operational rules of the European Defence Agency (recast)
02015D1835 — EN — 13.10.2015 — 000.001
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COUNCIL DECISION (CFSP) 2015/1835 of 12 October 2015 defining the statute, seat and operational rules of the European Defence Agency (OJ L 266 13.10.2015, p. 55) |
Corrected by:
COUNCIL DECISION (CFSP) 2015/1835
of 12 October 2015
defining the statute, seat and operational rules of the European Defence Agency
(recast)
CHAPTER I
ESTABLISHMENT, MISSION AND TASKS OF THE AGENCY
Article 1
Establishment
Article 2
Mission
Article 3
Definitions
For the purpose of this Decision, the following definitions apply:
‘participating Member State’ means a Member State which participates in the Agency;
‘contributing Member States’ means the participating Member States which contribute to a particular project or programme of the Agency.
Article 4
Political supervision and reporting arrangements to the Council
The Agency shall report regularly to the Council on its activities, and shall in particular:
submit to the Council in November each year a report on the Agency's activities for that year;
subject to a Council decision on the establishment of permanent structured cooperation, submit to the Council at least once a year information on the Agency's contribution to the assessment activities in the context of permanent structured cooperation, referred to in point (f)(ii) of Article 5(3).
The Agency shall provide the Council in good time with information on important matters to be submitted to the Steering Board for decision.
Article 5
Functions and tasks
The Agency, subject to the authority of the Council, shall:
contribute to identifying the Member States' military capability objectives and evaluating observance of the capability commitments given by the Member States, in particular by:
identifying, in association with the competent Council bodies, including the EUMC, and utilising, inter alia, the Capability Development Mechanism (CDM) and any successor, the Union's future defence capability requirements;
coordinating the implementation of the Capability Development Plan (CDP) and any successor thereto;
evaluating, against criteria to be agreed by the Member States, the capability commitments given by the Member States, inter alia, through the CDP process and the CDM and any successor thereto;
promote the harmonisation of operational needs and the adoption of effective, compatible procurement methods, in particular by:
promoting and coordinating harmonisation of military requirements;
promoting cost-effective and efficient procurement by identifying and disseminating best practice;
providing appraisals on financial priorities for capabilities development and acquisition;
propose multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes, in particular by:
promoting and proposing new multilateral cooperative projects;
identifying and proposing collaborative activities in the operational domain;
working for coordination of existing programmes implemented by Member States;
taking, at the request of Member States, responsibility for managing specific programmes;
preparing, at the request of Member States, programmes to be managed by OCCAR or through other arrangements, as appropriate;
support defence technology research, and coordinate and plan joint research activities and the study of technical solutions meeting future operational needs, in particular by:
promoting, in liaison with the Union's research activities where appropriate, research aimed at fulfilling future security and defence capability requirements and thereby strengthening Europe's industrial and technological potential in this domain;
promoting more effectively targeted joint defence R&T;
catalysing defence R&T through studies and projects;
managing defence R&T contracts;
working in liaison with the Commission to maximise complementarity and synergy between defence and civil or security-related research programmes;
contribute to identifying and, if necessary, implementing any useful measure for strengthening the industrial and technological base of the defence sector and for improving the effectiveness of military expenditure, in particular by:
contributing to the creation of an internationally competitive European defence equipment market, without prejudice to the internal market rules and the competences of the Commission in this field;
developing relevant policies and strategies in consultation with the Commission and, as appropriate, industry;
pursuing, in consultation with the Commission, EU-wide development and harmonisation of relevant procedures, within the tasks of the Agency;
subject to a Council decision on the establishment of permanent structured cooperation, support that cooperation in particular by:
facilitating major joint or European capability development initiatives;
contributing to the regular assessment of participating Member States' contributions with regard to capabilities, in particular contributions made in accordance with the criteria to be established, inter alia, on the basis of Article 2 of Protocol No 10, and reporting thereon at least once a year;
pursue coherence with other Union policies in so far as they have implications for defence capabilities;
foster deeper defence cooperation between participating Member States, in line with the Policy Framework for systematic and long-term defence cooperation;
provide support to CSDP operations, taking into account EU crisis management procedures.
Article 6
Legal personality
The Agency shall have the legal personality necessary to perform its functions and attain its objectives. Member States shall ensure that the Agency enjoys the most extensive legal capacity accorded to legal persons under their laws. The Agency may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings. The Agency shall have the capacity to conclude contracts with private or public entities or organisations.
CHAPTER II
ORGANS AND STAFF OF THE AGENCY
Article 7
Head of the Agency
Article 8
Steering Board
The Steering Board meetings are attended by:
the Chief Executive of the Agency referred to in Article 10, or his/her representative;
the Chairman of EUMC or his/her representative;
representatives of the European External Action Service (EEAS).
The Steering Board may decide to invite, on matters of common interest:
the NATO Secretary-General or his/her nominated representative;
the Heads/Chairs of other arrangements, groupings or organisations whose work is relevant to that of the Agency (such as those established under the LoI Framework Agreement, as well as OCCAR and ESA);
as appropriate, representatives of other third parties.
Article 9
Tasks and powers of the Steering Board
Within the framework of the guidelines and guidance of the Council referred to in Article 4(1), the Steering Board:
shall approve the reports to be submitted to the Council;
shall adopt, by unanimity, the Agency's general budget no later than 31 December of each year;
shall approve the Agency's three-year Planning Framework, which shall set out the Agency's priorities within the limits of the general budget, noting that the financial values ascribed to years two and three of the Planning Framework are for planning purposes only and do not constitute legally binding ceilings;
shall approve the establishment within the Agency of ad hoc projects or programmes in accordance with Article 19;
shall appoint the Chief Executive and the Deputy;
shall decide that the Agency may be entrusted by one or more Member States with the administrative and financial management of certain activities within its remit in accordance with Article 17;
shall approve any recommendations to the Council or the Commission;
shall adopt the rules of procedure of the Steering Board;
may amend the financial provisions for the implementation of the Agency's general budget;
may amend the rules and regulations applicable to temporary and contract staff and seconded national experts;
shall determine the technical and financial arrangements regarding Member States' participation or withdrawal referred to in Article 1(4);
shall adopt directives regarding the negotiation of administrative arrangements by the Head of the Agency;
shall approve the ad hoc arrangements referred to in Article 23(1);
shall conclude the administrative arrangements between the Agency and third parties as referred to in Article 26(1);
shall approve the annual accounts and balance sheet;
shall give its assent to decisions related to the organisational structure of the Agency;
shall approve the service level agreements or working arrangements referred to in Article 25, with the exclusion of those which are administrative in nature;
shall adopt all other relevant decisions related to the fulfilment of the Agency's mission.
The Steering Board, on a proposal from the Chief Executive or from a participating Member State, may decide to set up:
committees for the preparation of administrative and budgetary decisions of the Steering Board, composed of delegates of the participating Member States and a representative of the Commission;
committees specialised in specific issues within the Agency's remit. These committees shall be composed of delegates of the participating Member States and, unless the Steering Board decides otherwise, a representative of the Commission.
The decision to establish such committees shall specify their mandate and duration.
Article 10
The Chief Executive
Subject to approval by the Steering Board, an Advisory Panel shall be set up, and its composition shall be such that a proper balance of representatives from the EEAS, the Agency and participating Member States is achieved.
On the basis of the pre-selection process, the Head of the Agency shall provide the Steering Board with a selection of at least two candidates indicating his/her recommended candidate.
The Chief Executive is responsible for:
ensuring the implementation of the Agency's three-year Planning Framework;
preparing the work of the Steering Board;
preparing the draft annual general budget to be submitted to the Steering Board;
preparing the three-year Planning Framework to be submitted to the Steering Board;
ensuring close cooperation with, and providing information to, the Council preparatory bodies, notably the PSC and the EUMC;
preparing the reports referred to in Article 4(2);
preparing the statement of revenue and expenditure and implementing the Agency's general budget and the budgets of ad hoc projects or programmes entrusted to the Agency;
the day-to-day administration of the Agency;
all security aspects;
all staff matters.
Article 11
Staff
The Agency staff shall consist of:
personnel recruited directly by the Agency under fixed-term contracts, selected among nationals of participating Member States. The Council, acting by unanimity, has adopted the regulations applicable to such staff ( 6 ). The Steering Board shall review and amend as necessary those regulations where they empower it to do so.
national experts seconded by participating Member States either to posts within the Agency organisational structure or for specific tasks and projects. The Council, acting by unanimity, has adopted the regulations applicable to such staff ( 7 ). The Steering Board shall review and amend as necessary those regulations, where they empower it to do so.
Union officials seconded to the Agency for a fixed period and/or for specific tasks or projects as required.
The Agency may also have recourse to:
personnel of third countries, organisations and entities, who shall be paid by them and with which the Agency has concluded administrative arrangements pursuant to Article 26(1), seconded or posted to the Agency with the agreement of the Steering Board, in accordance with the conditions to be laid down in those arrangements;
contract agents and seconded experts, for the purpose of contributing to the implementation of one or more ad hoc projects or programmes of the Agency referred to in Chapter IV. In such cases, the budgets associated with those ad hoc projects or programmes may cover the basic salaries of the contract agents and the allowances and expenses of the seconded experts concerned.
CHAPTER III
BUDGET AND FINANCIAL RULES
Article 12
The Agency's budget
The Agency's budget shall include the general budget, the budgets associated with the activities falling under Chapter IV and any budgets resulting from additional revenue referred to in Article 15.
The Agency's budget shall be established consistently with the European Union budgetary principles ( 8 ).
Article 13
The general budget
By 30 September each year, the Head of the Agency shall propose the draft general budget together with the draft three-year Planning Framework to the Steering Board. The draft shall include:
the appropriations deemed necessary:
to cover the Agency's running, staffing and meeting costs;
for procuring external advice, notably operational analysis, essential for the Agency to discharge its tasks, and for specific activities for the common benefit of all participating Member States, as provided in Article 5;
a forecast of the revenue needed to cover expenditure.
Revenue shall consist of:
contributions payable by the participating Member States based on the gross national income (GNI) scale;
other revenue.
The draft general budget shall carry lines to accommodate earmarked revenue and, wherever possible, shall indicate the amount foreseen.
Article 14
Amending budget
Article 15
Additional revenue
Within the framework of its mission in accordance with Article 2, the Agency may receive additional revenue for a specific purpose:
from the general budget of the Union on a case-by-case basis, in full respect of the rules, procedures and decision-making processes applicable to it;
from Member States, third countries or other third parties, unless the Steering Board decides otherwise within one month of receiving such information from the Agency.
Article 16
Contributions and reimbursements
Determination of contributions where the GNI scale is applicable:
Where the GNI scale is applicable, the breakdown of contributions between the Member States from which a contribution is required shall be determined in accordance with the gross national product scale as specified in Article 41(2) TEU and in accordance with Council Decision 2007/436/EC, Euratom ( 9 ) or any other decision which may replace it.
The data for the calculation of each contribution shall be those set out in the ‘GNI own resources’ column in the ‘Summary of financing of the general budget by type of own resource and by Member State’ table appended to the latest budget of the Union. The contribution of each Member State from whom a contribution is due shall be proportional to the share of that Member State's GNI in the total GNI aggregate of the Member States from whom a contribution is due.
Schedule for payment of contributions:
The contributions intended to finance the Agency's general budget shall be paid by the participating Member States in three equal instalments, by 15 March, 15 June and 15 October of the financial year concerned.
When an amending budget is adopted, the necessary contributions shall be paid by the Member States concerned within 60 days of dispatch of the call for contributions.
Each Member State shall pay the bank charges relating to the payment of its own contributions.
If the annual budget is not approved by 30 November, the Agency may issue, at the request of a Member State, an individual provisional call for contributions for that Member State.
Article 17
Management by the Agency of budgets associated with ad hoc activities
Article 18
Implementation of the budget
CHAPTER IV
AGENCY MANAGEMENT OF AD HOC PROJECTS OR PROGRAMMES AND ASSOCIATED BUDGETS
Article 19
Category A (opt out) ad hoc projects or programmes and ad hoc budgets associated therewith
For the ad hoc project or programme, the contributing Member States, meeting within the Steering Board, shall approve:
the rules governing the management of the project or programme;
where appropriate, the ad hoc budget associated with the project or programme, the key for contributions and the necessary implementing rules;
participation of third parties in the committee referred to in paragraph 4. Their participation shall be without prejudice to the Union's decision-making autonomy.
Article 20
Category B (opt in) ad hoc projects or programmes and ad hoc budgets associated therewith
Article 21
Scope of Agency ad hoc projects and programmes and ad hoc budgets associated therewith
Within the scope of the Agency's mission, functions and tasks, as defined in Articles 2 and 5 respectively, and subject to the approval of the ad hoc projects and programmes in accordance with Articles 19 and 20, the Agency's activities may cover, inter alia:
acquisition by means of public contracts, awarded in compliance with the relevant Union rules governing the award of public contracts;
grants, awarded in compliance with the financial provisions and rules referred to in Article 18.
Ad hoc budgets associated with Agency projects and programmes and managed pursuant to Article 17 shall, where relevant, contain appropriations designed to cover:
costs related to the legal commitments referred to in paragraph 1;
costs referred to under point (a)(i) of Article 13(3), in so far as such costs are directly incurred as a result of the management of the ad hoc projects and programmes concerned.
Article 22
Contributions from the general budget of the Union to ad hoc budgets
Contributions from the general budget of the Union may be made to the ad hoc budgets established for ad hoc projects or programmes referred to in Articles 19 and 20.
Article 23
Participation of third parties
CHAPTER V
RELATIONS WITH THE UNION'S INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Article 24
Relations with the Commission
Article 25
Relations with the Union's institutions, bodies, offices and agencies
Where necessary, the Agency shall conclude service level agreements or working arrangements with such entities. Such working arrangements may concern the exchange of operational, strategic or technical information, including personal data and classified information, in accordance with relevant security rules.
CHAPTER VI
RELATIONS WITH THIRD COUNTRIES, ORGANISATIONS AND ENTITIES
Article 26
Administrative arrangements and other matters
For the purpose of fulfilling its mission, the Agency may enter into administrative arrangements with third countries, organisations and entities. Such arrangements shall notably cover:
the principle of a relationship between the Agency and the third party;
provisions for consultation on subjects related to the Agency's work;
security matters.
In so doing, it shall respect the single institutional framework and the decision-making autonomy of the Union. Each such arrangement shall be concluded by the Steering Board upon approval by the Council acting by unanimity.
The Agency shall also report to the Steering Board on the developments of established relations.
In the event participating Member States so request, the Agency shall convene an ad hoc meeting with participating Member States and the organisation, entity or third country, with which the Agency has entered into administrative arrangements, for the purposes of consultations and information exchange, in accordance with the relevant security rules, on the possible participation of that organisation, entity or third country in specific projects and programmes.
CHAPTER VII
MISCELLANEOUS PROVISIONS
Article 27
Privileges and immunities
Pending the entry into force of that Decision, the host State may grant to the Chief Executive and the Agency's staff the privileges and immunities provided therein.
Article 28
Review clause
Within five years of entry into force of this Decision, the Head of the Agency shall present a report to the Steering Board on the implementation of this Decision, with a view to its possible review by the Council.
Article 29
Legal liability
Article 30
Access to documents
The rules laid down in Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.
Article 31
Data protection
The rules laid down in Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Agency.
The Steering Board, upon a proposal by the Head of the Agency, shall adopt implementing rules as necessary.
Article 32
Security
Article 33
Language Regime
The language regime of the Agency shall be established by the Council, acting by unanimity.
Article 34
Repeal
Decision 2011/411/CFSP is repealed.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex II.
Article 35
Entry into force
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
ANNEX I
REPEALED ACTS AND SUCCESSIVE AMENDMENTS
Council Joint Action 2004/551/CFSP |
OJ L 245, 17.7.2004, p. 17. |
Council Joint Action 2008/299/CFSP |
OJ L 102, 12.4.2008, p. 34. |
Council Decision 2011/411/CFSP |
OJ L 183, 13.7.2011, p. 16. |
ANNEX II
CORRELATION TABLE
Decision 2011/411/CFSP |
This Decision |
Article 1 |
Article 1 |
Article 2 |
Article 2 |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 4(4) |
— |
Article 4(5) |
Article 4(4) |
Article 5 |
Article 5 |
— |
Article 5(3)(g) to (i) |
Article 6 |
Article 6 |
Article 7 |
Article 7 |
Article 8 |
Article 8 |
Article 9 |
Article 9 |
Article 9(1)(b) |
— |
Article 9(1)(c) |
Article 9(1)(b) |
— |
Article 9(1)(c) |
Article 9(1)(p) |
Article 9(1)(r) |
— |
Article 9(1)(p) and (q) |
Article 10 |
Article 10 |
— |
Article 10(2) |
Article 10(2) |
Article 10(3) |
Article 10(3) |
Article 10(4) |
Article 10(3)(e) |
— |
Article 10(3)(f) |
Article 10(4)(e) |
Article 10(3)(g) |
Article 10(4)(f) |
Article 10(3)(h) |
Article 10(4)(g) |
Article 10(3)(i) |
Article 10(4)(h) |
Article 10(3)(j) |
Article 10(4)(i) |
Article 10(3)(k) |
Article 10(4)(j) |
Article 10(4) |
Article 10(5) |
Article 10(5) |
Article 10(6) |
Article 10(6) |
Article 10(7) |
Article 11 |
Article 11 |
— |
Article 11(4)(a) and (b) |
— |
Article 11(5) |
Article 11(4) |
Article 11(6) |
Article 12 |
— |
— |
Article 12 |
Article 13 |
Article 13 |
— |
Article 13(2) |
Article 13(2) |
Article 13(3) |
Article 13(3) |
Article 13(4) |
Article 13(4) |
Article 13(5) |
Article 13(5) |
Article 13(6) |
Article 13(6) |
Article 13(7) |
Article 13(7) |
Article 13(8) |
Article 13(8) |
Article 13(9) |
Article 13(9) |
Article 13(10) |
Article 13(10) |
Article 13(11) |
Article 14 |
Article 14 |
Article 14(3) |
— |
Article 15 |
Article 15 |
Article 16 |
Article 16 |
Article 17 |
Article 17 |
Article 18 |
Article 18 |
Article 18(3) |
— |
— |
Article 18(3) |
Article 19 |
Article 19 |
Article 20 |
Article 20 |
— |
Article 21 |
Article 21 |
Article 22 |
Article 22 |
Article 23 |
Article 22(4) |
Article 24(4), second sentence |
Article 23 |
Article 24 |
Article 23(2) |
Article 24(4), first sentence |
— |
Article 25 |
Article 24 |
Article 26 |
Article 24(6) to (8) |
— |
— |
Article 24(6) |
Article 25 |
Article 27 |
— |
Article 27(3) |
Article 26 |
Article 28 |
Article 27 |
Article 29 |
Article 28 |
Article 30 |
— |
Article 31 |
Article 29 |
Article 32 |
Article 30 |
Article 33 |
Article 31 |
Article 34 |
Article 32 |
Article 35 |
( 1 ) Council Joint Action 2004/551/CFSP of 12 July 2004 on the establishment of the European Defence Agency (OJ L 245, 17.7.2004, p. 17).
( 2 ) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
( 3 ) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
( 4 ) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
( 5 ) Council Decision 2011/411/CFSP of 12 July 2011 defining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP (OJ L 183, 13.7.2011, p. 16).
( 6 ) Council Decision 2004/676/EC of 24 September 2004 concerning the Staff Regulations of the European Defence Agency (OJ L 310, 7.10.2004, p. 9).
( 7 ) Council Decision 2004/677/EC of 24 September 2004 concerning the Rules applicable to national experts and military staff on secondment to the European Defence Agency (OJ L 310, 7.10.2004, p. 64).
( 8 ) Principles of unity, budgetary accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management, referred to in Article 6 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (OJ L 298, 26.10.2012, p. 1).
( 9 ) Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (OJ L 163, 23.6.2007, p. 17).
( 10 ) Council Decision 2007/643/CFSP of 18 September 2007 on the financial rules of the European Defence Agency and on the procurement rules and rules on financial contributions from the operational budget of the European Defence Agency (OJ L 269, 12.10.2007, p. 1).
( 11 ) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).