13.2.2007 Official Journal of the European Union L 41/11 (Acts adopted under the EU Treaty) ACTS ADOPTED UNDER TITLE V OF THE EU TREATY COUNCIL DECISION 2007/91/CFSP of 12 February 2007 amending Decision 2004/197/CFSP establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 13(3) and 28(3) thereof, Whereas: (1) On 23 February 2004 the Council adopted Decision 2004/197|CESP (1). Article 42 of Decision 2004/197CESP, provides that that Decision, including its Annexes, is to be reviewed after every operation and at least every 18 months. The Council decides on a case-by-case basis whether an operation has military or defence implications, within the meaning of Article 28(3) of the Treaty, HAS DECIDED AS FOLLOWS: Article 1 Decision 2004/197/CFSP is hereby amended as follows: 1. The following shall be added to Article 1: () ‘() “operations” shall mean the EU operations having military or defence implications; (d) “military supporting actions” shall mean the EU operations, or parts thereof, decided by the Council in support of a third State or a third organisation, which have military or defence implications, but which are not under the authority of EU Headquarters.; OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision 2005/68/CFSP (O] L 27, 29.1.2005, p. 59). 2. Article 2(1) shall be replaced by the following: ‘1. A mechanism to administer the financing of the common costs of operations is hereby established.; . Article 7(1) shall be replaced by the following: ‘1. The Secretary-General of the Council, after informing the Special Committee, shall appoint the administrator and at least one deputy administrator for a period of three years.’; . The second sentence of Article 10(5) shall be deleted; . The Title of Chapter 3 shall be replaced by following: ‘CHAPTER 3 ADMINISTRATIVE ARRANGEMENTS WITH MEMBER STATES, EU INSTITUTIONS, THIRD STATES AND INTER- NATIONAL ORGANISATIONS’; . The following Articles shall be inserted in Chapter 3: ‘Article 10a Administrative arrangements with Member States or EU institutions 1.  Administrative arrangements may be negotiated with Member States or EU institutions in order to facilitate procurement in operations at the most economical conditions. These arrangements shall take the form of an exchange of letters between Athena represented by the operation commander or, where there is no operation commander, the administrator, and the competent admin- istrative authorities of the Member States or EU institutions concerned. 2. The Special Committee shall be consulted before any such arrangement is signed.