CHAPTER 9

FINAL DESTINATION OF EQUIPMENT AND INFRASTRUCTURE FINANCED IN COMMON

Equipment and infrastructure
Article 35
1
A depreciation rate for equipment and other assets for all operations shall be proposed by the administrator to the Special Committee. If operational circumstances so require, and upon approval by the Special Committee, the operation commander may apply a different depreciation rate.
2
With a view to winding up the operation which he or she has commanded, the operation commander shall propose to the Special Committee a final destination for the equipment and infrastructure financed in common for that operation.
3
The administrator shall manage the equipment and infrastructure remaining after the end of the active phase of the operation, with a view if necessary to finding its final destination.
4
The final destination of equipment and infrastructure financed in common shall be approved by the Special Committee, taking into account operational needs and financial criteria. The final destination may be as follows:
a
in the case of infrastructure, be sold or transferred through Athena to the host country, a Member State or a third party;
b
in the case of equipment, be sold through Athena to a Member State, the host country or a third party, or be stored and maintained by Athena, a Member State or such a third party, for use in a subsequent operation.
5
When sold, equipment and infrastructure shall be sold for their market value, or, where no market value can be determined, for a fair and reasonable price taking into account specific local conditions.
6
Sale or transfer to the host country or a third party shall be in accordance with the relevant security rules in force.
7
When it is decided that Athena shall retain equipment financed in common for an operation, the contributing Member States may ask for financial compensation from the other participating Member States. The Special Committee, composed of the representatives of all the participating Member States, shall take the appropriate decisions on the basis of a proposal from the administrator.