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Approving The Agreement Between The Member States Of The European Union Concerning Claims Introduced By A Member State Against Any Other Member State For Damage Caused And Goods For Themselves Possessed, Used Or Operated, Or Injury Or

Original Language Title: Aprova o Acordo entre os Estados Membros da União Europeia relativo aos pedidos de indemnização apresentados por um Estado Membro contra qualquer outro Estado membro por danos causados e bens por si possuídos, utilizados ou accionados, ou por ferimento ou

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Considering that the European Union, in the framework of the European Security Policy and

Defence, an integral part of the Common Foreign and Security Policy, has been providing itself with

of political, civil and military instruments so as to intervene in management missions of

crisis, defined in accordance with Article 17 of the Treaty on European Union;

Remembering that the participation of civilian or military personnel in these operations creates situations

new ones that lack the appropriate legal framework;

Attending to which through this Agreement, the member states of the European Union

intend to limit, as far as possible, their claims for damages against any

another member state by injury or death of any member of civil personnel or

military, or by damage to any goods by them owned, used or actuated,

except where they result from gross negligence or dolo, in the context of an operation of

management of crisis;


Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

To approve the Agreement between the Member States of the European Union concerning applications for

compensation submitted by a member state against any other State

a member for damage caused to goods by you owned, used or operated, or by

injury or death of any member of the military or civil personnel d their services, in the


context of a crisis management operation of the European Union, signed in Brussels on

April 28, 2004, the text of which, in the authentic version in Portuguese language, publishes itself in


Seen and approved in Council of Ministers of January 31, 2008

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs