Article 15 Claims for death, injury, damage and loss
EUTM Mali and EUTM Mali personnel, the EU and Sending States shall not be liable for any damage to or loss of civilian or government property which are related to operational necessities or caused by activities in connection with civil disturbances or protection of EUTM Mali.
With a view to reaching an amicable settlement, claims for damage to or loss of civilian property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EUTM Mali assets, facilities or means of transport, shall be forwarded to EUTM Mali via the competent authorities of the Host State, as far as claims brought by natural or legal persons from the Host State are concerned, or to the competent authorities of the Host State, as far as claims brought by EUTM Mali are concerned.
Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUTM Mali and representatives of the Host State. Settlement of claims shall be reached by common agreement.
Where no settlement can be reached within the claims commission, the dispute shall:
for claims up to and including EUR 40 000, be settled by diplomatic means between the Host State and EU representatives.
for claims above the amount referred to in point (a), be submitted to an arbitration tribunal, the decision of which shall be binding.
The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EUTM Mali and the third one being appointed jointly by the Host State and EUTM Mali. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUTM Mali on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the president of a court of justice designated jointly by the Parties.
An administrative arrangement shall be concluded between EUTM Mali and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the arbitration tribunal, the procedure applicable within those bodies and the conditions under which claims are to be lodged.