Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Republic Of Turkey European Crisis Direction

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TÜR­Kİ­YE CUM­HU­Rİ­YE­Tİ­NİN AV­RU­PA BİR­Lİ­Ğİ KRİZ YÖ­NE

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5630.html

Law No. 5630

Acceptance Date: 25/4/2007

Article 1 to 29 June 2006, signed in Brussels, "the Republic of Turkey of the EU Crisis Management Operations Participation and for the European Union, the Republic of Turkey between the frame, which will form the agreement" were eligible to be approved by the declaration.
ARTICLE 2 - This Law shall enter into force on the date of publication.
Article 3 - This Law shall be enforced by the Council of Ministers.

















THE REPUBLIC OF TURKEY FOR PARTICIPATION IN THE EUROPEAN UNION CRISIS MANAGEMENT OPERATIONS


BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF TURKEY FRAMEWORK AGREEMENT CONSTITUTE

After the "Parties" will be called the European Union on one side and the other side being
REPUBLIC OF TURKEY;
(1) The European Union (EU) may decide to take action in the field of crisis management.
(2) the European Union, an EU crisis management by third states will decide whether to invite action. The Republic of Turkey may accept the invitation to be found in the European Union and contribute suggestions. In this case, it will decide on the acceptance of contributions proposed by the European Union of the Republic of Turkey.
(3) referring to the European Union and NATO facilities and a crisis management capability, if it decides to undertake action, the Republic of Turkey may express its intention in principle to join the campaign.
(4) The European Council in Brussels on 24-25 October 2002, in Nice modalities for the implementation of the provisions adopted by the European Council in non-EU Europeans action at the EU-led NATO member involvement in about 7-9 December 2000 has been agreed.
(5) Republic of Turkey's conditions for participation in EU crisis management operations, rather than be determined separately for each relevant operation in the future should be included in such an agreement will constitute the framework for a possible participation.
(6) of this Agreement to the European Union, an EU crisis management decision-making autonomy and the Republic of Turkey on the participation of action for each case should be without prejudice to the decision separately.
(7) This Agreement shall be without prejudice to the future should bring only applies to EU crisis management operations and already deployed an EU crisis management operation possible existing agreements regulating the participation of the Republic of Turkey.
Holding foregoing consideration, decided as follows:
I. PART

GENERAL PROVISIONS Article 1
1
decisions for participation. European Union, the Republic of Turkey an EU crisis management operation on the basis of the decision inviting them to participate in the subsequent decision and the participation of the Republic of Turkey on the contributions of the Republic of Turkey will provide information on the proposed European Union.
2. European Union, NATO facilities and capabilities referring to crisis management in case he decided to undertake the operation, the Republic of Turkey to notify its intention to participate in operations in the European Union and will give information on the contribution of the subsequently proposed. 3
. European Union, the assessment of the contribution of the Republic of Turkey will be carried out in consultation with the Republic of Turkey.

4. The European Union, Turkey with a view to helping shape the proposal of the Republic, preliminary information about a possible contribution to the joint operational expenditure will be provided as soon as the Republic of Turkey.
5. The European Union, the result of the assessment, with a view to ensure the participation of the Republic of Turkey in accordance with the provisions of this Agreement shall submit a letter to the Republic of Turkey. Article 2 Framework


1. The Republic of Turkey, the EU would decide to prolong a crisis management operation regarding whether to perform the EU Council decision for Joint Action and the European Council's crisis management operations with any Joint Action or Decision, in the framework of all the enforcement arrangements required under this Agreement and needs itself interconnect its will.
2. Turkey will make the EU crisis management operation in the Republic shall be without prejudice to the decision-making autonomy of the EU's contribution. ARTICLE 3 Status of personnel and forces


1. The personnel employed in the context of an EU civilian crisis management operation and / or in an EU military crisis management of the status of forces provided to the operation by the Republic of Turkey, if it is present, the force signed between the countries in which they are carried out operations with the European Union / the provisions of the status of the agreement's mission will be superior.
2. Headquarters or outside the country where the enforcement of EU crisis management operations on the status of deployed personnel provided to the command element, Headquarters and regulations adopted in the Republic of Turkey about the command element will be superior. 3
. The Republic of Turkey referred to in the first paragraph of the force / mission Without prejudice to the status of the agreement, it will have authority over the personnel participating in the EU crisis management operations.
4. The Republic of Turkey, an EU crisis management operations staff regarding the participation of any rights or claims about the staff / claims will be responsible for. In the framework of the laws and regulations, including in particular with regard to legal and discipline on any staff, the responsibility to take action it will be found in Turkey.
5. In accordance with an EU crisis management operations with the participation of the Republic of Turkey, who participated in this campaign on the waiver of claims against any State undertakes to make the statement at the signing of this Agreement. Example of a declaration on this subject is located in the annex of this Agreement.
6. The European Union, the member states of the Republic of Turkey is committed to ensuring that no representations about the EU crisis management waivers of claims against the Republic of Turkey to be involved in operations during the time of signature of the Agreement. Example of a declaration on this subject is located in the annex of this Agreement. Article 4 Classified Information


1. Republic of Turkey and the EU classified information, the European Union 19 March 2001 2001/264 / EC of the Council regarding the Kararında1 and military EU crisis management operation regarding the non-EU crisis management operation with the EU Operation Commander concerned, including the EU Head of Mission in addition regulation issued by the authorities will take the necessary measures to ensure the protection of registered in accordance with safety regulations.

2. If the EU receives classified information from the Republic of Turkey, in accordance with the degree of confidentiality and said information on the EU classified information will be protected in accordance with standards prescribed by EU regulations. 3
. And when the EU signed an agreement on security procedures for the exchange of classified information between the Republic of Turkey, in the context of an EU crisis management operation of the provisions of this agreement shall apply.

PART II CIVIL CRISIS MANAGEMENT OPERATIONS Article 5 of the


PARTICIPATION CONCERNING PROVISIONS Appointment of an EU Civil Crisis Management Operations Personnel
1. Republic of Turkey and the EU civilian crisis management duties of staff assigned to the operation,
- 2 of this Agreement (1). Of the said Joint Action and subsequent decision on the substance of the amendment to this resolution;
- Operations Plan;
- Practical measures will enable them to perform in accordance with
.
2. The Republic of Turkey will be any changes in his contribution to the EU civilian crisis management operation Head of Mission of the EU civilian crisis management operations and will report timely to the Secretary General of the EU Council. 3
. Assigned to the EU civilian crisis management operation personnel will be required health checks and vaccinations to be completed and ready for duty in terms of health it will be certified by a competent authority of the Republic of Turkey. EU civilian crisis management will take the example of staff assigned to the document in question on the ground. Chain of Command Article 6


1. staff assigned to the task and behavior by the Republic of Turkey will perform only considering the success of the EU civilian crisis management operation.
2. All personnel shall remain under the full command of their national authorities. 3
. National authorities have operational control command which will be executed in a hierarchical command and control structure for EU civilian crisis management operations will be transferred to the Chief of Mission.

1 OJ L 101, 11.4.2001, p.1. Decision 2005/952 / EC (OJ L 346, 29.12.2005.s.18) in Resolution altered state.
4. Chief of Mission will hold the rotating EU civilian crisis management operations and will be responsible for the daily execution.
5. This Agreement 2 (1). In accordance with legal documents referred to in the article, the Republic of Turkey and other EU member states participating in the daily operation of the campaign in terms of execution shall have the same rights and duties.
6. EU civilian crisis management operation Head of Mission shall be responsible for the discipline of the EU civilian crisis management operation personnel. If necessary, disciplinary action issued by the relevant national authorities.
7. The Republic of Turkey to represent its national element in the operation of a National Contact Point Elements (MIN) will be assigned. MIN EU civilian crisis management operations will report to the Chief of Mission on national matters and is responsible for aspects of daily discipline.
8. Ending the decision of the campaign, the campaign will end on the date provided that they still contribute, after consultation with the Republic of Turkey taken by the European Union. Article 7 Financial aspects are



1. The Republic of Turkey concerning the participation in operations, meet all expenses except for expenses subject to the mutual fund operations of the operational budget. In this case, without prejudice to Article 8.
2. death for the natural or legal person in the state where the operation is being carried out, injury, loss or damage when the Republic of Turkey, in the case of the determination of liability, if present, of this Agreement 3 (1). The status of mission agreement referred to in Article shall pay compensation according to the provisions of. ARTICLE 8

contribute to the operational budget
1. The Republic of Turkey contributes to the financing of the operational budget of the EU civilian crisis management operations.
2. The following financial contributions to the operational budget of the Republic of Turkey two options will be corresponding lower amount:
(a) a reference to the share corresponding to the ratio of the total gross national income of all States contributing to the operation of the sums Turkey's gross national income shown;
or (b) the reference amount indicated Turkey's share of personnel involved in the operation corresponding to the ratio of the total number of personnel of all States participating in the operation. 3
. Although the first and second paragraphs apply, Turkey will not make any contribution to the European Union member states of the daily allowances paid to personnel of the financing.
4. Although the first paragraph applies, the European Union, in principle, following cases in the third state of a particular EU civilian crisis management operations to exempt amounting to make financial contributions:
(a) The European Union is considerable, which is vital for operational third State participating in the operational decisions that make a contribution If not;
or (b) participating in Operation third member states to the European Union Gross National Income per case of having more people than any other state.
5. a regulation on the practical modalities of the payment of the relevant administrative departments of the Republic of Turkey on the Republic of Turkey to the EU civilian crisis management operation on the EU civilian crisis management contribution to the operational budget of the Chief of Mission operations will be signed. These regulations, other issues alia, shall include the following provisions:
(a) The amounts;
(B) the arrangements for payment of the financial contribution;
(C) the financial control procedures. PART III MILITARY CRISIS MANAGEMENT OPERATIONS the



PROVISIONS REGARDING PARTICIPATION IN ARTICLE 9 Participation in the EU Military Crisis Management Operations

1. The Republic of Turkey, the EU military crisis management operation personnel participating in the task of undertaking observes that it is compatible with the following:
- Joint Actions and 2 of this Agreement (1). Subsequent amendments referred to in Article
-
Action Plan - Implementation measures.
2. Provided by the Republic of Turkey personnel, just perform their duties in accordance with the interests of the EU military crisis management operation and behavior exhibits. 3
. EU Operation Commander of the Republic of Turkey, makes timely informed of the changes related to participation. Article 10 1


chain of command. All forces and personnel participating in the EU military crisis management operations will be under full management of their national authorities.

2. Operational and tactical command of the national authorities, forces and personnel and / or control will be handed over to the EU Operation Commander. The EU Operation Commander has the authority to delegate the authority. 3
. The Republic of Turkey to participate in the daily management operations shall have the same rights and obligations to participate in European Union member countries.
4. The EU Operation Commander, after consultation with the Republic of Turkey, the Republic of Turkey to withdraw its contribution may request at any time.
5. A Supreme Military Representative (OR), as the representative of the national element in the EU military crisis management operation will be appointed by the Republic of Turkey. (YAT), which concerns the operation with the EU Force Commander to consult on all issues and will be responsible for aspects of daily administration. Article 11 Financial Aspects


1. Without prejudice to the provisions of Article 12 of this Agreement 2 (1). Article on the legal instruments referred to; In addition, military or defensive action content with EU partners to manage financial expenses, dated February 23 in order to establish a mechanism whereby 2004 2004/197 / CFSP the Council when it is not subject Kararına2; The Republic of Turkey shall bear all expenses for the participation in the operation.
2. death for the natural or legal person in the state where the operation is being carried out, injury, loss or damage when the Republic of Turkey, in the case of the determination of liability, if present, of this Agreement 3 (1). The status of mission agreement referred to in Article shall pay compensation according to the provisions of. Article 12 Contribution to Shared Expenses


1. The Republic of Turkey will contribute to meeting the financial costs of common EU military crisis management operation.
2. The following financial contributions to the operational budget of the Republic of Turkey two options will be corresponding lower amount:
(a) a reference to the share corresponding to the ratio of the total gross national income of all States contributing to the operation of Turkey's Gross National Income amount shown;
or (b) the reference amount indicated Turkey's share of personnel involved in the operation corresponding to the ratio of the total number of personnel of all States participating in the operation.
2 (b) calculating the Republic of Turkey personnel only to the Operation or Force Headquarters in cases where the contribution, the participation rate will be compared with the corresponding number of headquarters staff. Otherwise, the contribution of the Republic of Turkey to the number of all the staff, all operations will compare the number of staff on duty. 3
. Although the first paragraph applies, the European Union, in principle, following cases in the third state of a particular EU military crisis management operations to exempt amounting to make financial contributions:
(a) The European Union is considerable, which is vital for operational third State participating in the operational decisions that make a contribution If not;
or (b) participating in Operation third member states to the European Union Gross National Income per case of having more people than any other state.

4. Military and defense aspects of the common costs of EU operations establishing the mechanisms governing the financing of February 23rd 2004 2004/197 / CFSP and Council Decision provided with an arrangement with the manager of the competent administrative authorities of the Republic of Turkey must be made. These regulations, other issues alia, shall include the following provisions:
(a) The amounts;
(B) the arrangements for payment of the financial contribution;
(C) the financial control procedures.

2 OJ L 63.28.2.2004. p.68. Decision 2005/68 / CFSP / (OJ L 27, 29.1.2005 p. 59) modified version of the Decision. PART IV


FINAL PROVISIONS Article 13 Regulations on the Implementation of the Agreement

8 (5). and 12 (4). Without prejudice to address the provisions of Article Without the necessary technical and administrative arrangements for the monitoring of the implementation of this agreement, the EU Council Secretary-General of the Common Foreign and Security Policy High Representative made between the appropriate authorities of the Republic of Turkey. ARTICLE 14


not does not comply either of the Parties fail to adhere to the provisions contained in the preceding article, the agreement of the other party has the right to terminate a month after giving notice. Solution of Disputes Article 15


implementation of this agreement shall be settled by diplomatic means or dispute between the parties arising from the interpretation. ARTICLE 16 Entry into Force


1. This agreement, the parties that they have completed the necessary internal procedures for this purpose, the first day of the first month after its entry into force report to each other.
2. This agreement, but not later than June 1, 2008, it will be subject to be reviewed at least every three years. 3
. This can be changed on the basis of agreement between the parties joint written agreement.
4. This agreement may be terminated by giving written notice to the other party's side. Such termination shall enter into force six months after receiving the notice of termination to the other party.
In Brussels, on 29.06.2006, it has made four copies in English.

The European Union on behalf of the Republic of Turkey
ADDITIONAL
Declaration text Declaration of
EU member states:
"EU member states are applying an EU Joint Action on an EU crisis management operations with the participation of the Republic of Turkey, due to the injury or death of personnel or their own and EU crisis management with regard to any possibility of the destruction, or loss used by the campaign, said injury, death, damage or loss:
gross negligence or outside of conscious misbehavior, the Republic of Turkey while performing tasks in EU crisis management operations in the context of by the staff of the occurrence, or | || in the absence of bad behavior is gross negligence or deliberate as long as their use in campaign context of the possibility of this and this possibility using the Republic of Turkey in EU crisis management operation personnel, if not caused by the use of the facilities of the Republic of Turkey
domestic legal systems of the demand will be against the extent of the Republic of Turkey as soon as practicable to possible waiver will
efforts.
Declaration of the Republic of Turkey:

"The Republic of Turkey, when applying an EU Joint Action on an EU crisis management operation attended, due to the injury or death of personnel or his own and the destruction of any facilities used by the EU crisis management operations or as regards the loss, the aforementioned injury, death, damage or loss:
gross negligence or outside of conscious misbehavior, the EU member states by the staff of EU crisis management operations in the context of the tasks performed while occur, or
provided that their use in operational context of the possibility of this and the EU crisis of EU member states that use the present facilities management operation personnel involved in gross negligence or, in the absence of deliberate misconduct, the case stems from the use of the facilities of the EU member states
domestic legal systems to waive as the demand will be against extent EU member states as soon as practicable, will
efforts.