Article 1
Definitions
CHAPTER 1
MECHANISM
Article 2
Establishment of the mechanism
Article 3
Legal capacity
Article 4
Coordination with third parties
CHAPTER 2
ORGANISATIONAL STRUCTURE
Article 5
Management bodies and staff
Article 6
Special Committee
Article 7
Administrator
Article 8
Operation commander
Article 9
Accounting officer
Article 10
General provisions applicable to the administrator, the accounting officer and Athena's staff
CHAPTER 3
ADMINISTRATIVE ARRANGEMENTS AND FRAMEWORK CONTRACTS
Article 11
Administrative arrangements and framework contracts
Article 12
Standing and ad hoc administrative arrangements on modalities for the payment of third States' contributions
CHAPTER 4
BANK ACCOUNTS
Article 13
Opening and purpose
Article 14
Management of funds
CHAPTER 5
COMMON COSTS
Article 15
Definition of common costs and periods for eligibility
Article 16
Exercises
Article 17
Reference amount
CHAPTER 6
BUDGET
Article 18
Budgetary principles
Article 19
Annual budget
Article 20
Amending budgets
Article 21
Transfers
Article 22
Carryover of appropriations
Article 23
Anticipated implementation
CHAPTER 7
CONTRIBUTIONS AND REIMBURSEMENTS
Article 24
Determination of contributions
Article 25
Schedule for payment of contributions
Article 26
Early financing
Article 27
Reimbursement of pre-financing
Article 28
Management by Athena of expenditure not included in common costs
Article 29
Management by Athena of pre-financing and expenditure not included in common costs to facilitate the initial deployment of the forces to an operation
Article 30
Management by Athena of third party financial contributions
Article 31
Interest on late payment
CHAPTER 8
IMPLEMENTATION OF EXPENDITURE
Article 32
Principles
Article 33
Common costs incurred in preparation for, or further to, operations, or not linked directly to a specific operation
Article 34
Operational common costs
CHAPTER 9
FINAL DESTINATION OF EQUIPMENT AND INFRASTRUCTURE FINANCED IN COMMON
Article 35
Equipment and infrastructure
CHAPTER 10
ACCOUNTING AND INVENTORY
Article 36
Accounting for operational common costs
Article 37
Consolidated accounts
CHAPTER 11
AUDIT AND PRESENTATION OF ACCOUNTS
Article 38
Regular reports to the Special Committee
Article 39
Conditions for the exercise of controls
Article 40
External auditing of the accounts
Article 41
Internal auditing of the accounts
Article 42
Annual presentation and closure of accounts
Article 43
Closure of the accounts of an operation
CHAPTER 12
MISCELLANEOUS PROVISIONS
Article 44
Liability
Article 45
Security
Article 46
Protection of personal data
Article 47
Review and revision
Article 48
Repeal
Article 49
Entry into force
ANNEX I
COMMON COSTS BORNE BY ATHENA WHENEVER THEY ARE INCURRED
In cases when the following common costs cannot be linked...
Mission expenditure incurred by the operation commander and his or...
The general part of the annual budget shall furthermore include...
Banking costs. Auditing costs. Common costs relative to the preparatory...
ANNEX II
OPERATIONAL COMMON COSTS RELATING TO THE PREPARATORY PHASE OF AN OPERATION BORNE BY ATHENA
Incremental costs necessary for exploratory missions and preparations (in particular...
Medical services: the cost of emergency medical evacuations (Medevac) of...
ANNEX III
PART A
OPERATIONAL COMMON COSTS RELATIVE TO THE ACTIVE PHASE OF OPERATIONS ALWAYS BORNE BY ATHENA
1.
Incremental costs for (deployable or fixed) headquarters for Union-led operations...
1.1.
Definition of headquarters whose incremental costs are financed in common:...
1.2.
Definition of incremental costs financed in common:
2.
Incremental costs incurred for providing support to the force as...
3.
Incremental costs incurred by Union recourse to NATO common assets...
4.
Incremental costs incurred by the Union for goods, services or...
PART B
OPERATIONAL COMMON COSTS RELATING TO THE ACTIVE PHASE OF A SPECIFIC OPERATION, BORNE BY ATHENA WHEN THE COUNCIL SO DECIDES
PART C
OPERATIONAL COMMON COSTS BORNE BY ATHENA WHEN REQUESTED BY THE OPERATION COMMANDER AND APPROVED BY THE SPECIAL COMMITTEE
ANNEX IV
OPERATIONAL COMMON COSTS RELATIVE TO THE WINDING-UP OF AN OPERATION, BORNE BY ATHENA
Costs incurred for finding the final destination for the equipment...
Incremental costs of drawing up the accounts for the operation....
Council Decision (CFSP) 2015/528
of 27 March 2015
establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 26(2) and 41(2) thereof,
Whereas:
(1)
The European Council, meeting in Helsinki on 10 and 11 December 1999, agreed in particular that, ‘cooperating voluntarily in Union-led operations, Member States must be able, by 2003, to deploy within 60 days and sustain for at least one year, military forces of up to 50 000 to 60 000 persons capable of the full range of Petersberg tasks’.
(2)
On 17 June 2002, the Council approved the arrangements for the financing of Union-led crisis-management operations having military or defence implications.
(3)
The Council, in its conclusions of 14 May 2003, confirmed the need for a rapid reaction capability, in particular for humanitarian and rescue tasks.
(4)
The European Council, meeting in Thessaloniki on 19 and 20 June 2003, welcomed the conclusions of the Council meeting on 19 May 2003, which in particular confirmed the need for a Union military rapid reaction capability.
(5)
On 22 September 2003, the Council decided that the Union should acquire the capacity to flexibly manage the financing of common costs of military operations of any scale, complexity or urgency, in particular by setting up, by 1 March 2004 at the latest, a permanent financing mechanism to assume charge of the financing of common costs of any future Union military operation.
(6)
On 23 February 2004, the Council adopted Decision 2004/197/CFSP establishing a mechanism to administer the financing of the common costs of Union operations having military or defence implications. That Decision has subsequently been amended and replaced several times, most recently by Council Decision 2011/871/CFSP .
(7)
The Union is capable of conducting military rapid response operations in accordance with the concept defined by the EU Military Committee. The Union is capable of deploying Battle Groups in accordance with the concept defined by the EU Military Committee.
(8)
The scheme for early financing is intended first and foremost for rapid response operations.
(9)
Exercises at the political and military strategic level of the command and control structures and procedures for Union military operations through Union headquarters exercises, as approved by the Political and Security Committee (PSC), contribute to enhancing the Union's overall operational readiness.
(10)
The Council decides on a case-by-case basis whether an operation has military or defence implications, within the meaning of Article 41(2) of the Treaty on European Union (TEU).
(11)
The second subparagraph of Article 41(2) of the TEU provides that Member States whose representatives in the Council have made a formal declaration pursuant to the second subparagraph of Article 31(1) thereof, shall not be obliged to contribute to the financing of the operation having military or defence implications concerned.
(12)
In accordance with Article 5 of the Protocol No 22 on the position of Denmark annexed to the TEU and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in this decision and therefore does not participate in the financing of the mechanism.
(13)
Provisions should be adopted to ensure that Athena protects individuals with regard to the processing of their personal data.
(14)
Pursuant to Article 43 of Decision 2011/871/CFSP, the Council has reviewed that Decision and agreed to amend it.
(15)
For the sake of clarity, Decision 2011/871/CFSP should be repealed and replaced by a new Decision,
HAS ADOPTED THIS DECISION:
Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (OJ L 63, 28.2.2004, p. 68).
Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (OJ L 343, 23.12.2011, p. 35).