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12 JULY 2015. - An Act to approve the Agreement between the Member States of the European Union concerning claims for compensation submitted by a Member State against another Member State in the event of damage to property owned by the Member State, that it uses or operates, or of injury or death of a member of the military or civilian personnel of its services in the framework of a crisis management operation conducted by the EU in Brussels, 28

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Agreement between the Member States of the European Union concerning claims for compensation submitted by a Member State against another Member State in the event of damage to property owned by the Member State, that it uses or operates, or injury or death of a member of the military or civilian personnel of its services in the context of a crisis management operation conducted by the entire EU, will take effect in Brussels on 28 April 2004.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 July 2015.
PHILIPPE
By the King:
Minister of Foreign and European Affairs,
D. REYNDERS
Minister of Defence,
S. VANDEPUT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 54-1041
Full report : 02/07/2015

Agreement between the Member States of the European Union concerning claims of compensation submitted by a Member State against another Member State in the event of damage to the property belonging to it, that it uses or operates, or injury or death of a member of the military or civilian personnel of its services in the context of a crisis management operation conducted by the EU
Representatives of the governments of the Member States of the European Union, gathered in the Council,
Considering the Treaty on the European Union (TEU), including its title V,
Considering the following:
(1) The European Council has decided, as part of the pursuit of the objectives of common foreign policy and security, to equip the EU with the capacity to take and implement decisions on all conflict prevention and crisis management missions referred to in Article 17, paragraph 2, of the TEU.
(2) The agreement between the Member States of the European Union concerning the status:
- military and civilian personnel detached from European Union institutions;
- headquarters and forces that may be made available to the European Union in the preparation and execution of the tasks referred to in Article 17, paragraph 2, of the European Union, including during exercises;
- military and civilian personnel of the Member States made available to the European Union to act in this framework,
Commonly designated by the terms "SOFA EU", generally only applies to the metropolitan territory of the Member States.
(3) The provisions of Article 18 of the EU SOFA shall not apply to claims for compensation submitted by a Member State against another Member State in the event of damage to property belonging to it, or to injury or death of a member of the military or civilian personnel of its armed services, to the extent that the act causing the damage, injury or death caused by the above-mentioned operation occurs in the territory of the third countries where
(4) Specific agreements (SOFA) must be concluded with the host third countries concerned in the case of exercises or operations taking place outside the territory of the Member States. These agreements will generally include provisions relating to claims submitted by the concerned third countries or their nationals,
The following provisions have been agreed:
Article 1^er
For the purposes of this Agreement:
1) "military personnel":
(a) military personnel detached by Member States to the General Secretariat of the Council to establish the European Union General Staff (EMUE);
(b) military personnel, other than those from EU institutions, to which the EU may appeal to Member States to ensure a temporary reinforcement that would be requested by the European Union Military Committee (EUMC) for activities in the preparation and execution of the tasks referred to in Article 17, paragraph 2, of the EU, including during exercises;
(c) the military personnel of the Member States who are seconded to headquarters and the forces that may be made available to the EU, or the personnel of these forces and headquarters, in the preparation and execution of the missions referred to in Article 17, paragraph 2, of the EU, including during exercises;
(2) "civil personnel": civilian personnel detached by the Member States to the EU institutions for the purposes of activities in the preparation and execution of the missions referred to in Article 17, paragraph 2, of the TEU, including during exercises, or civilian personnel, except locally recruited personnel, working for headquarters or for the forces or made available to the EU for the same activities by the States.
Article 2
The provisions of this Agreement shall apply only to the extent that the act causing the damage, injury or death referred to above 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 shall waive any claim for compensation against another Member State in the event that a member of the military or civilian personnel of its services has suffered injury or died in the performance of its duties, except in the event of serious negligence or intentional misconduct.
Article 4
1. Each Member State shall waive claims for compensation against any other Member State in the event of damage to property that is owned or operated by the Member State in the course of the preparation and execution of the tasks referred to in Article 17, paragraph 2, of the TEU, including exercises, except in the case of serious negligence or intentional misconduct:
- if the damage is caused by the military or civilian personnel of the other Member State in the performance of its duties in connection with the above-mentioned missions, or
- if it is caused by a vehicle, vessel or aircraft that is owned by the other Member State, or that is used or operated by its personnel, and provided that the vehicle, vessel or aircraft causing injury has been used in the above-mentioned missions, or that the damage has been caused to property used under the same conditions.
2. Requests for marine lifesaving allowances made by a Member State against another Member State shall be waived, provided that the vessel or cargo saved is the property of a Member State and is used or operated by its armed forces in the above-mentioned missions.
Article 5
With respect to claims for compensation, other than those that have been waived under sections 3 and 4, if:
- damage caused to property belonging to a Member State, or used or operated by it in the preparation or execution of the missions referred to in Article 17, paragraph 2, of the TEU, including during exercises,
- injury or death of a member of a Member State in the performance of his or her duties,
the responsibility of any Member State and the amount of damage shall be determined by negotiation between the Member States concerned, unless these Member States agree otherwise.
A Member State shall waive compensation if the amount of damage is less than EUR 10,000. This amount may be amended by a decision of the Member States, gathered in the Council, deciding unanimously.
Article 6
The provisions of Articles 4 and 5 do not allow a Member State to refuse to grant to a party, other than those covered by this Agreement, total or partial compensation in the event of damage to a property provided by that Party to one or more Member States as part of a lease, leasing or charter contract, or another contract.
Article 7
Disputes between Member States related to claims that cannot be settled by negotiation between the Member States concerned shall be submitted to an arbitrator chosen jointly by the Member States concerned among the nationals of the States concerned who occupy or have held high judicial functions. If the Member States concerned fail to agree on the choice of an arbitrator within two months, each Member State concerned may request the President of the Court of Justice of the European Communities to appoint a person fulfilling the above-mentioned conditions.
Article 8
1. Member States shall notify the Secretary General of the Council of the European Union of the fulfilment of the constitutional procedures required for the approval of this Agreement. This Agreement comes into force on the first day of the second month following the notification by the last Member State of the fulfilment of its constitutional procedures.
2. The Secretary General of the Council of the European Union is depositary of this Agreement. The depositary publishes this agreement in the Official Journal of the European Union, as well as information relating to its entry into force after the completion of the constitutional procedures referred to in paragraph 1.
Article 9
This Agreement is written in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese and Swedish, each of these languages equally authentic.
Done in Brussels on 28 April 2004.
Statement by member States
Upon signing this Agreement, all Member States shall, to the extent permitted by their internal legal order, commit themselves to limit as far as possible claims for compensation against any other Member State in the event of injury or death of a member of military or civilian personnel, or in the event of damage to property belonging to or used or exploited by them, except in the event of serious negligence or intentional misconduct.
Member States will also endeavour to comply with the requirements of their own constitutional procedures as soon as possible, in order to enable the early entry into force of this Agreement.

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