Law Approving The Agreement Between The Member States Of The Union European Claims Submitted By One Member State Against Another Member State For Damage Caused To Property Belonging To Him, That He Uses Or Q

Original Language Title: Loi portant assentiment à l'Accord entre les Etats membres de l'Union européenne concernant les demandes d'indemnités présentées par un Etat membre à l'encontre d'un autre Etat membre en cas de dommages causés aux biens lui appartenant, qu'il utilise ou q

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015015191&caller=list&article_lang=F&row_id=100&numero=128&pub_date=2016-01-13&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-01-13 Numac: 2015015191 SERVICE PUBLIC FEDERAL Foreign Affairs, external trade and development COOPERATION 12 July 2015. -Law on consent to the agreement between the Member States of the Union European concerning claims submitted by one Member State against another Member State for damage caused to the property, it uses or operates, or injury or death of a member of the military or civilian of its services within the framework of a EU-led crisis management operation done at Brussels on 28 April 2004 (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. the agreement between the Member States of the Union European concerning claims submitted by one Member State against another Member State for damage caused to the property, it uses or operates, or injury or death of a member of the military or civilian of its services within the framework of a EU-led crisis management operation done at Brussels on April 28, 2004, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 12 July 2015.
PHILIPPE by the King: the Minister of foreign and European Affairs D. REYNDERS. the Minister of defence, S. van WYK sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 54-1041: 02/07/2015 agreement between the Member States of the European Union concerning claims submitted by one Member State against another Member State for damage caused to property owned It uses or used, or injury or death of a member of the military or civilian of its services within the framework of a EU-led crisis management operation the representatives of the Governments of the Member States of the European Union, meeting within the Council, having regard to the Treaty on the Union (TEU) European, and particularly its title V, whereas the following : (1) the European Council decided, in the context of the pursuit of the objectives of foreign policy and common security, to provide the EU with the necessary capabilities to take and implement decisions on all the missions of prevention of conflict and referred to in article 17 crisis management, paragraph 2, of the TEU.
(2) the agreement between the Member States of the European Union concerning the status:-military and civilian staff seconded to institutions of the European Union;
-Headquarters and forces that can be put at the disposal of the European Union in the context of the preparation and execution of the tasks referred to in article 17, paragraph 2, of the TEU, including during exercises;
-of the military and civilian personnel of States members put at the disposal of the European Union to act in this context, commonly known as "EU SOFA", applies more generally in the metropolitan territory of the Member States.
(3) the provisions of article 18 of the EU SOFA do not apply to claims submitted by one Member State against another Member State for damage caused to property owned, or injury or death of a member of the military personnel or civilian of its armed services, insofar as the act causing the damage, injury or the aforementioned death occurs in the territory of third countries where the crisis management operation the EU is conducted or supported, or on the high seas.
(4) specific agreements (SOFA) should be concluded with the third countries concerned in the event of exercises or operations outside the territory of the Member States. These agreements will include as a general rule, the provisions relating to the claims presented by the third countries concerned or by their nationals, have agreed upon the following provisions: Article 1 for the purposes of this agreement, mean: 1) "military personnel": has) military personnel seconded from Member States to the Secretariat general of the Council to provide the staff of the European Union military staff (EUMS);
b) military personnel, other than from the institutions of the EU, which the EUMS can be called in the Member States for temporary augmentation to be requested by the military Committee of the European Union (EUMC) for the purpose of activities in the preparation and execution of the tasks referred to in article 17, paragraph 2, of the TEU, including during exercises;
(c) military personnel member seconded to the headquarters and forces that can be put at the disposal of the EU, or the staff of these forces and headquarters, in the preparation and execution of the tasks set out in article 17, paragraph 2, of the TEU, including during exercises;
(2) "civilian personnel": civilian staff seconded by Member States to the EU institutions for the purpose of activities in the preparation and execution of the tasks referred to in article 17, paragraph 2, of the TEU, including during exercises, or civilian personnel, with the exception of locally recruited staff working for the headquarters or forces or otherwise at the disposal of the EU by the Member States for these same activities.
Article 2 the provisions of this agreement apply only insofar as the act causing the damage, injury or the aforementioned death occurs:-in the preparation and execution of the tasks referred to in article 17, paragraph 2, of the TEU, including exercises, and - outside the territories to which the EU SOFA applies.
Article 3 each Member State waives any claim against another Member State where a member of the military or civil services personnel has suffered injury or is dead in the exercise of his functions, except in case of gross negligence or wilful misconduct.
Article 4 1. Each Member State waives to submit requests for claims against any other Member State for damage caused to property owned, or are used or operated by him in the preparation and execution of the tasks set out in article 17, paragraph 2, of the TEU, including exercises, except in the case of negligence or wilful misconduct : - If the damage is caused by military or civilian of the other Member State personnel in the performance of its tasks in relation to the above-mentioned missions, or - if it is caused by a vehicle, vessel or aircraft owned by the other Member State, or that is used or operated by its personnel and to condition is that the vehicle, vessel or aircraft causing the damage has been used in the context of the missions , or that the damage was caused to property used in the same conditions.
2. the requests for compensation for salvage by one Member State against another Member State subject to a waiver, provided that the vessel or cargo saved are the property of a Member State and are used or operated by its armed forces in the missions.
Article 5 with regard to requests for benefits, other than those which were the subject of a renunciation in respect of articles 3 and 4, in case:-damage caused to property belonging to a Member State, or that are used or operated by him as part of the preparation or execution of the tasks referred to in article 17 , paragraph 2, of the TEU, including during exercises, – injury or death of a member of the staff of a State member in the performance of his duties, the responsibility of each Member State and the amount of damage are determined by negotiation between the members concerned, State unless those Member States do not agree otherwise.
A Member State waives a claim if the amount of the damage is less than 10,000 EUR. This amount may be amended by decision of the Member States, meeting within the Council, acting unanimously.
Article 6 the provisions of articles 4 and 5 allow not a Member State to refuse to grant a party, other than those referred to in this agreement, compensation in whole or in part for damage caused to property supplied by this party to one or more Member States under a rental agreement, lease or Charter , or other contract.
Article 7 disputes between Member States related to the claims which cannot be settled by negotiation between the Member States concerned are subject to an arbitrator chosen by mutual agreement by the Member States concerned from among the nationals of the States concerned who occupy or have occupied high judicial office.
If the Member States concerned are unable to agree on an arbitrator within a period of two months, each Member State concerned may request the president of the Court of justice of the European communities to designate a person who fulfils the conditions listed above.
Article 8 1.
The Member States shall notify to the Secretary general of the Council of the European Union the completion of the constitutional procedures required for the approval of this agreement. This agreement shall enter

in force on the first day of the second month following the notification by the last Member State of the fulfillment of its constitutional procedures.
2. the Secretary-General of the Council of the European Union is the depositary of this agreement. The depositary shall publish this agreement in the Official Journal of the European Union, as well as information about its entry into force after the completion of the constitutional procedures referred to in paragraph 1.
Article 9 this agreement is drawn up in languages Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish, each of these languages being equally authentic.
Done at Brussels, 28 April 2004.
Statement by the Member States at the signing of this agreement, all Member States shall undertake, insofar as their internal legal order permitted them, to limit as far as possible claims against any other Member State in case of injury or death of a member of the military or civilian personnel, or damage to property belonging to them or are used or exploited by them except in case of gross negligence or wilful misconduct.
Member States will also endeavour to comply as soon as possible the requirements of their own constitutional procedures, to allow the early entry into force of this agreement.

List of bound States States Date Authentication Type of consent consent effective Date 28/04/2004 notice 09/04/2010 Austria 04/28/2004 notice 09/08/2004 Belgium 28/04/2004 Notification 28/08/2015 Bulgaria Germany local date / accession 01/01/2007 Cyprus / accession 01/05/2004 Denmark 28/04/2004 indeterminate / Spain 28/04/2004 Notification 2009-01-09 Estonia / accession 01/05/2004 Finland 28/04/2004 Notice 08/07/2005 FRANCE 04/28/2004 Notice 07/30/2009 Greece 04/28/2004 Notification 18/09/2015 Hungary / accession 01/05/2004 Ireland 28/04/2004 indeterminate / Italy 28/04/2004 06/01/2010 Latvia Notification / 01/05/2004 Lithuania accession / membership 01/05/2004 LUXEMBOURG 28/04/2004 Notification 24/05/2005 Malta / accession 01/05/2004 Netherlands 28/04/2004 Notification 02/03/2009 Poland / accession 01/05/2004 PORTUGAL 28/04/2004 Notification 2009-10-14 Romania / accession 01/01/2007 United Kingdom 28/04/2004 16/10/2006 Slovakia notification / 01/05/2004 Slovenia accession / membership 01/05/2004 Sweden 28/04/2004 Notice 08/09/2004 Czech REP. / Accession 01/05/2004