title: 2007/826/EC: Council Decision of 22 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation

text:
               19.12.2007

               EN

               Official Journal of the European Union

               L 334/148

         COUNCIL DECISION
   of 22 November 2007
   on the conclusion of the Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation
   (2007/826/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(b), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Community an Agreement with the Republic of Moldova on the readmission of persons residing without authorisation.

               (2)

               The Agreement was signed, on behalf of the European Community, on 10 October 2007 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 9 October 2007.

               (3)

               The Agreement should be approved.

               (4)

               The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case.

               (5)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

               (6)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision (1).
   Article 2
   The President of the Council shall give the notification provided for in Article 22(2) of the Agreement (2).
   Article 3
   The Commission shall represent the Community in the Joint Readmission Committee established by Article 18 of the Agreement.
   Article 4
   The position of the Community within the Joint Readmission Committee with regard to the adoption of its rules of procedure as required under Article 18(5) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done in Brussels, 22 November 2007.

            For the Council

            The President

         M. PINHO

      (1)  See page 149 of this Official Journal.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   AGREEMENT
   between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation
   THE HIGH CONTRACTING PARTIES,
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   and
   THE REPUBLIC OF MOLDOVA, hereinafter referred to as ‘Moldova’,
   DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively,
   DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence on the territories of Moldova or one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of cooperation,
   EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Community, the Member States of the European Union and Moldova arising from International Law, and, in particular, from the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms, the Convention of 28 July 1951 on the Status of Refugees and the Convention of 10 December 1984 against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,
   CONSIDERING that the provisions of this Agreement, which falls within the scope of Title IV of the Treaty establishing the European Community, do not apply to the Kingdom of Denmark, in accordance with the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘Contracting Parties’ shall mean Moldova and the Community;

               (b)

               ‘National of Moldova’ shall mean any person who holds the citizenship of the Republic of Moldova;

               (c)

               ‘National of a Member State’ shall mean any person who holds the nationality, as defined for Community purposes, of a Member State;

               (d)

               ‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark;

               (e)

               ‘Third-country national’ shall mean any person who holds a nationality other than that of Moldova or one of the Member States;

               (f)

               ‘Stateless person’ shall mean any person who does not hold a nationality;

               (g)

               ‘Residence permit’ shall mean a permit of any type issued by Moldova or one of the Member States entitling a person to reside on its territory. This shall not include temporary permissions to remain on its territory in connection with the processing of an asylum application or an application for a residence permit;

               (h)

               ‘Border crossing point’ shall mean any crossing point authorised by the competent authorities of the Republic of Moldova or Member States for the purpose of crossing their respective borders, including at International airports;

               (i)

               ‘Visa’ shall mean an authorisation issued or a decision taken by Moldova or one of the Member States which is required with a view to entry in, or transit through, its territory. This shall not include airport transit visa;

               (j)

               ‘Requesting State’ shall mean the State (Moldova or one of the Member States) submitting a readmission application pursuant to Article 7 or a transit application pursuant to Article 14 of this Agreement;

               (k)

               ‘Requested State’ shall mean the State (Moldova or one of the Member States) to which a readmission application pursuant to Article 7 or a transit application pursuant to Article 14 of this Agreement is addressed;

               (l)

               ‘Competent Authority’ shall mean any national authority of Moldova or one of the Member States entrusted with the implementation of this Agreement in accordance with Article 19(1) lit. a) thereof;

               (m)

               ‘Border region’ shall mean an area which extends up to 30 kilometres from the common land border between a Member State and Moldova, as well as the territories of International airports of the Member States and Moldova;

               (n)

               ‘Transit’ shall mean the passage of a third country national or a stateless person through the territory of the Requested State while travelling from the Requesting State to the country of destination.

         SECTION I
   READMISSION OBLIGATIONS BY MOLDOVA
   Article 2
   Readmission of own nationals
   1.   Moldova shall readmit, upon application by a Member State and without further formalities other than those provided for in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Requesting Member State provided that, in accordance with Article 8, it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of Moldova.
   2.   Moldova shall also readmit:

               —

               minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in the Requesting Member State,

               —

               spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of Moldova, unless they have an independent right of residence in the Requesting Member State.

         3.   Moldova shall also readmit persons who have been deprived of, or who have renounced, the nationality of Moldova since entering the territory of a Member State, unless such persons have at least been promised naturalisation by a Member State.
   4.   After Moldova has given a positive reply to the readmission application, the competent Diplomatic Mission or Consular Office of Moldova shall immediately and not later than within three working days, issue the travel document required for the return of the person to be readmitted, with a validity of at least three months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent Diplomatic Mission or Consular Office of Moldova shall, within 14 calendar days, issue a new travel document with a period of validity of the same duration. If Moldova has not, within 14 calendar days, issued the new travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes (1).
   5.   In case the person to be readmitted possesses the nationality of a third state in addition to Moldavian nationality, the Requesting Member State shall take into consideration the will of the person to be readmitted to the state of his/her choice.
   Article 3
   Readmission of third-country nationals and stateless persons
   1.   Moldova shall readmit, upon application by a Member State and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Requesting Member State provided that, in accordance with Article 9, it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:

               (a)

               hold, or at the time of entry held, a valid visa or residence permit issued by Moldova; or

               (b)

               illegally and directly entered the territory of the Member States from Moldova after having stayed on, or transited through, the territory of latter.

         2.   The readmission obligation in paragraph 1 shall not apply if

               (a)

               the third country national or stateless person has only been in airside transit via an International Airport of Moldova; or

               (b)

               the Requesting Member State has issued to the third country national or stateless person a visa or residence permit before or after entering its territory unless:

                           —

                           that person is in possession of a visa or residence permit, issued by Moldova, which has a longer period of validity, or

                           —

                           the visa or residence permit issued by the Requesting Member State has been obtained by using forged or falsified documents, or by making false statements, or

                           —

                           that person fails to observe any condition attached to the visa.

         3.   After Moldova has given a positive reply to the readmission application, the Requesting Member State issues the person whose readmission has been accepted the EU standard travel document for expulsion purposes (1).
   SECTION II
   READMISSION OBLIGATIONS BY THE COMMUNITY
   Article 4
   Readmission of own nationals
   1.   A Member State shall readmit, upon application by Moldova and without further formalities other than those provided for in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Moldova provided that, in accordance with Article 8, it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of that Member State.
   2.   A Member State shall also readmit:

               —

               minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in Moldova,

               —

               spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of the Requested Member State, unless they have an independent right of residence in Moldova.

         3.   A Member State shall also readmit persons who have been deprived of, or who have renounced, the nationality of a Member State since entering the territory of Moldova, unless such persons have at least been promised naturalisation by Moldova.
   4.   After the Requested Member State has given a positive reply to the readmission application, the competent Diplomatic Mission or Consular Office of that Member State shall immediately and not later than within three working days, issue the travel document required for the return of the person to be readmitted, with a validity of at least three months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent Diplomatic Mission or Consular Office of that Member State shall, within 14 calendar days, issue a new travel document with a period of validity of the same duration.
   5.   In case the person to be readmitted possesses the nationality of a third state in addition to that of the Requested Member State, Moldova shall take into consideration the will of the person to be readmitted to the state of his/her choice.
   Article 5
   Readmission of third-country nationals and stateless persons
   1.   A Member State shall readmit, upon application by Moldova and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Moldova provided that, in accordance with Article 9, it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:

               (a)

               hold, or at the time of entry held, a valid visa or residence permit issued by the Requested Member State; or

               (b)

               illegally and directly entered the territory of Moldova after having stayed on, or transited through, the territory of the Requested Member State.

         2.   The readmission obligation in paragraph 1 shall not apply if:

               (a)

               the third country national or stateless person has only been in airside transit via an International Airport of the requested Member State; or

               (b)

               Moldova has issued to the third country national or stateless person a visa or residence permit before or after entering its territory unless:

                           —

                           that person is in possession of a visa or residence permit, issued by the requested Member State, which has a longer period of validity, or

                           —

                           the visa or residence permit issued by Moldova has been obtained by using forged or falsified documents or by making false statements, or

                           —

                           that person fails to observe any condition attached to the visa.

         3.   The readmission obligation in paragraph 1 is for the Member State that issued a visa or residence permit. If two or more Member States issued a visa or residence permit, the readmission obligation in paragraph 1 is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date. If no such documents can be presented, the readmission obligation in paragraph 1 is for the Member State of last exit.
   4.   After the Member State has given a positive reply to the readmission application, Moldova issues the person whose readmission has been accepted the travel document required for his or her return.
   SECTION III
   READMISSION PROCEDURE
   Article 6
   Principles
   1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 to 5 shall require the submission of a readmission application to the competent authority of the Requested State.
   2.   No readmission application shall be needed where the person to be readmitted is in possession of a valid travel document and, in case such a person is a third-country national or stateless person, also holds, where applicable, a valid visa or residence permit of the Requested State.
   3.   If a person has been apprehended in the border region (including airports) of the Requesting State after illegally crossing the border coming directly from the territory of the Requested State, the Requesting State may submit a readmission application within two days following this persons apprehension (accelerated procedure).
   Article 7
   Content of the Readmission application
   1.   To the extent possible, the readmission application is to contain the following information:

               (a)

               the particulars of the person to be readmitted (e.g. given names, surnames, date of birth, and — where possible — place of birth, and the last place of residence) and, where appropriate, the particulars of minor unmarried children and/or spouses;

               (b)

               indication of the means with which proof or prima facie evidence of nationality, transit, the grounds for the readmission of third-country nationals and stateless persons and unlawful entry and residence will be provided.

         2.   To the extent possible, the readmission application shall also contain the following information:

               (a)

               a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;

               (b)

               any other protection, security measure or information concerning the health of the person, which may be necessary in the individual transfer case.

         3.   A common form to be used for readmission applications is attached as Annex 5 to this Agreement.
   Article 8
   Means of evidence regarding nationality
   1.   Nationality pursuant to Article 2(1) and Article 4(1) can be proved by means of the documents listed in Annex 1 to this Agreement, even if their period of validity has expired. If such documents are presented, the Member States and Moldova shall mutually recognise the nationality without further investigation being required. Proof of nationality cannot be furnished through false documents.
   2.   Prima facie evidence of nationality pursuant to Article 2(1) and Article 4(1) can be particularly furnished through the documents listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, the Member States and Moldova shall deem the nationality to be established, unless they can prove otherwise. Prima facie evidence of nationality cannot be furnished through false documents.
   3.   If none of the documents listed in Annexes 1 or 2 can be presented, the competent Diplomatic Mission or Consular Office of the Requested State concerned shall, upon request, make arrangements with the competent authority of the Requesting State to interview the person to be readmitted without undue delay, at the latest within three working days from the requesting day, in order to establish his or her nationality.
   Article 9
   Means of evidence regarding third-country nationals and stateless persons
   1.   Proof of the grounds for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5(1) shall be particularly furnished through the means of evidence listed in Annex 3 to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by the Member States and Moldova without any further investigation being required.
   2.   Prima facie evidence of the grounds for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5(1) shall be particularly furnished through the means of evidence listed in Annex 4 to this Agreement; it cannot be furnished through false documents. Where such prima facie evidence is presented, the Member States and Moldova shall deem the grounds to be established, unless they can prove otherwise.
   3.   The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence permit for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence permit shall likewise provide prima facie evidence of the unlawful entry, presence or residence.
   Article 10
   Time limits
   1.   The application for readmission must be submitted to the competent authority of the Requested State within a maximum of 6 months after the Requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not, or does no longer, fulfil the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request by the Requesting State, be extended but only until the obstacles have ceased to exist.
   2.   A readmission application must be replied to in writing:

               —

               within two working days, if the application has been made under the accelerated procedure (Article 6(3)),

               —

               within 11 working days in all other cases.

         These time limits begin to run with the date of receipt of the readmission request. If there was no reply within this time limit, the transfer shall be deemed to have been agreed to.
   3.   Where there are legal or factual obstacles to the application being replied to within 11 working days, this time limit may, upon duly motivated request, be extended with a maximum of two working days. If there was no reply within the extended time limit, the transfer shall be deemed to have been agreed to.
   4.   Reasons shall be given for the refusal of a readmission request.
   5.   After agreement has been given or, where appropriate, after expiry of the time limit laid down in paragraph 2, the person concerned shall be transferred within three months. On request of the Requesting State, this time limit may be extended by the time taken to deal with legal or practical obstacles.
   Article 11
   Transfer modalities and modes of transportation
   1.   Before returning a person, the competent authorities of Moldova and the Member State concerned shall make arrangements in writing in advance regarding the transfer date, the border crossing point, possible escorts and other information relevant to the transfer.
   2.   Transportation may take place by air or land. Return by air shall not be restricted to the use of the national carriers of Moldova or the Member States and may take place by using scheduled or charter flights. In the event of escorted returns, such escorts shall not be restricted to authorised persons of the Requesting State, provided that they are authorised persons from Moldova or any Member State.
   Article 12
   Readmission in error
   The Requesting State shall take back any person readmitted by the Requested State if it is established, within a period of three months after the transfer of the person concerned, that the requirements laid down in Articles 2 to 5 of this Agreement are not met.
   In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and all available information relating to the actual identity and nationality of the person to be taken back shall be provided.
   SECTION IV
   TRANSIT OPERATIONS
   Article 13
   Principles
   1.   The Member States and Moldova should restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the State of destination directly.
   2.   Moldova shall allow the transit of third-country nationals or stateless persons if a Member State so requests, and a Member State shall authorise the transit of third-country nationals or stateless persons if Moldova so requests, if the onward journey in possible other States of transit and the readmission by the State of destination is assured.
   3.   Transit can be refused by Moldova or a Member State:

               (a)

               if the third-country national or the stateless person runs the real risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit; or

               (b)

               if the third-country national or the stateless person shall be subject to criminal sanctions in the Requested State or in another State of transit; or

               (c)

               on grounds of public health, domestic security, public order or other national interests of the Requested State.

         4.   Moldova or a Member State may revoke any authorisation issued if circumstances referred to in paragraph 3 subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured. In this case, the Requesting State shall take back the third-country national or the stateless person, as necessary and without delay.
   Article 14
   Transit procedure
   1.   An application for transit operations must be submitted to the competent authority of the Requested State in writing and is to contain the following information:

               (a)

               type of transit (by air or land), possible other States of transit and intended final destination;

               (b)

               the particulars of the person concerned (e.g. given name, surname, maiden name, other names used/by which known or aliases, date of birth, sex and — where possible — place of birth, nationality, language, type and number of travel document);

               (c)

               envisaged border crossing point, time of transfer and possible use of escorts;

               (d)

               a declaration that in the view of the Requesting State the conditions pursuant to Article 13(2) are met, and that no reasons for a refusal pursuant to Article 13(3) are known of.

         A common form to be used for transit applications is attached as Annex 6 to this Agreement.
   2.   The Requested State shall, within four working days and in writing, inform the Requesting State of the admission, confirming the border crossing point and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal.
   3.   If the transit operation takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.
   4.   The competent authorities of the Requested State shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.
   SECTION V
   COSTS
   Article 15
   Transport and transit costs
   Without prejudice to the right of the competent authorities to recover the costs associated with the readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the Requesting State.
   SECTION VI
   DATA PROTECTION AND NON-AFFECTION CLAUSE
   Article 16
   Data Protection
   The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of Moldova or a Member State as the case may be. The processing and treatment of personal data in a particular case shall be subject to the domestic laws of Moldova and, where the controller is a competent authority of a Member State, to the provisions of Directive 95/46/EC (2) and of the national legislation of that Member State adopted pursuant to this Directive. Additionally the following principles shall apply:

               (a)

               personal data must be processed fairly and lawfully;

               (b)

               personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;

               (c)

               personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:

                           —

                           the particulars of the person to be transferred (e.g. given names, surnames, any previous names, other names used/by which known or aliases, sex, civil status, date and place of birth, current and any previous nationality),

                           —

                           passport, identity card or driving licence (number, period of validity, date of issue, issuing authority, place of issue),

                           —

                           stop-overs and itineraries,

                           —

                           other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement;

               (d)

               personal data must be accurate and, where necessary, kept up to date;

               (e)

               personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;

               (f)

               both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this article, in particular because those data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;

               (g)

               upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;

               (h)

               personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;

               (i)

               the communicating and the receiving authorities are under an obligation to make a written record of the communication and receipt of personal data.

         Article 17
   Non-affection clause
   1.   This agreement shall be without prejudice to the rights, obligations and responsibilities of the Community, the Member States and Moldova arising from International Law and, in particular, from:

               —

               the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 January 1967 on the Status of Refugees,

               —

               the international conventions determining the State responsible for examining applications for asylum lodged,

               —

               the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms,

               —

               the Convention of 10 December 1984 against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,

               —

               international conventions on extradition and transit,

               —

               multilateral international conventions and agreements on the readmission of foreign nationals.

         2.   Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.
   SECTION VII
   IMPLEMENTATION AND APPLICATION
   Article 18
   Joint readmission committee
   1.   The Contracting Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement. To this end, they shall set up a joint readmission committee (hereinafter referred to as ‘the committee’) which will, in particular, have the task:

               (a)

               to monitor the application of this Agreement;

               (b)

               to decide on implementing arrangements necessary for the uniform application of this Agreement;

               (c)

               to have regular exchanges of information on the implementing Protocols drawn up by individual Member States and Moldavia pursuant to Article 19;

               (d)

               to recommend amendments to this Agreement and its Annexes.

         2.   The decisions of the committee shall be binding on the Contracting Parties.
   3.   The committee shall be composed by representatives of the Community and Moldova; the Community shall be represented by the Commission.
   4.   The committee shall meet where necessary at the request of one of the Contracting Parties.
   5.   The committee shall establish its rules of procedures.
   Article 19
   Implementing Protocols
   1.   Upon request of a Member State or Moldova, Moldova and a Member State shall draw up an implementing Protocol which shall cover rules on:

               (a)

               designation of the competent authorities, border crossing points and exchange of contact points;

               (b)

               the modalities for returns under the accelerated procedure;

               (c)

               conditions for escorted returns, including the transit of third-country nationals and stateless persons under escort;

               (d)

               means and documents additional to those listed in the Annexes 1 to 4 to this Agreement.

         2.   The implementing Protocols referred to in paragraph 1 shall enter into force only after the readmission committee, referred to in Article 18, has been notified.
   3.   Moldova agrees to apply any provision of an implementing Protocol drawn up with one Member State also in its relations with any other Member State upon request of the latter.
   Article 20
   Relation to bilateral readmission agreements or arrangements of Member States
   The provisions of this Agreement shall take precedence over the provisions of any bilateral agreement or arrangement on the readmission of persons residing without authorisation which have been or may, under Article 19, be concluded between individual Member States and Moldova, in so far as the provisions of the latter are incompatible with those of this Agreement.
   SECTION VIII
   FINAL PROVISIONS
   Article 21
   Territorial application
   1.   Subject to paragraph 2, this Agreement shall apply to the territory of Moldova and to the territory in which the Treaty establishing the European Community is applicable.
   2.   This Agreement shall not apply to the territory of the Kingdom of Denmark.
   Article 22
   Entry into force, duration and termination
   1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective procedures.
   2.   This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed.
   3.   This Agreement is concluded for an unlimited period.
   4.   Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to apply six months after the date of such notification.
   Article 23
   Annexes
   Annexes 1 to 6 shall form an integral part of this Agreement.

      Done at Brussels on the tenth day of October in the year two thousand and seven in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Moldovan languages, each of these texts being equally authentic.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen
         Pentru Comunitatea Europeană
         Pentru Comunitatea Europeană

         За Република Молдова
         Por la República de Moldova
         Za Moldavskou republiku
         For Republikken Moldova
         Für die Republik Moldau
         Moldova Vabariigi nimel
         Για τη Δημοκρατία της Μολδαβίας
         For the Republic of Moldova
         Pour la République de Moldova
         Per la Repubblica di Moldova
         Moldovas Republikas vārdā
         Moldovos Respublikos vardu
         A Moldovai Köztársaság részéről
         Għar-Repubblika tal-Moldova
         Voor de Republiek Moldavië
         W imieniu Republiki Mołdowy
         Pela República da Moldávia
         Pentru Republica Moldova
         Za Moldavskú republiku
         Za Republiko Moldavijo
         Moldovan tasavallan puolesta
         För Republiken Moldavien
         Pentru Republica Moldova

      (1)  In line with the form set out in EU Council recommendation of 30 November 1994.

      (2)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
   ANNEX 1
   COMMON LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS CONSIDERED AS PROOF OF NATIONALITY (ARTICLES 2(1), 4(1) AND 8(1))

               —

               passports of any kind (national passports, diplomatic passports, service passports and, where applicable, collective passports and surrogate passports including children’s passports),

               —

               identity cards of any kind,

               —

               seaman’s registration books and skippers’ service cards,

               —

               citizenship certificates and other official documents that mention or clearly indicate citizenship.

         ANNEX 2
   COMMON LIST OF DOCUMENTS THE PRESENTATION OF WHICH IS CONSIDERED AS PRIMA FACIE EVIDENCE OF NATIONALITY (ARTICLES 2(1), 4(1) AND 8(2))

               —

               photocopies of any of the documents listed in Annex 1 to this Agreement,

               —

               military service books and military identity cards,

               —

               official statements made for the purpose of the accelerated procedure by border authority staff or witnesses who can testify that the person concerned has crossed the border,

               —

               driving licenses or photocopies thereof,

               —

               birth certificates or photocopies thereof,

               —

               company identity cards or photocopies thereof,

               —

               written statements by witnesses,

               —

               written statements made by the person concerned and language spoken by him or her, including by means of an official test result,

               —

               any other document which may help to establish the nationality of the person concerned.

         ANNEX 3
   COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OF THE GROUNDS FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS (ARTICLES 3(1), 5(1) AND 9(1))

               —

               visa or residence permit issued by the Requested State,

               —

               entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure (e.g. photographic),

               —

               named documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, car rental agreements, credit card receipts etc.) which clearly show that the person concerned stayed on the territory of the requested State,

               —

               named tickets and/or passenger lists of air, train, coach or boat passages which show the presence and the itinerary of the person concerned on the territory of the Requested State,

               —

               official statements made by border authority staff who can testify to the person concerned crossing the border.

         ANNEX 4
   COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PRIMA FACIE EVIDENCE OF THE GROUNDS FOR THE READMISSION OF THIRD COUNTRY NATIONALS AND STATELESS PERSONS (ARTICLES 3(1), 5(1) AND 9(2))

               —

               information showing that the person concerned has used the services of a courier or travel agency,

               —

               official statement in judicial or administrative proceedings by the person concerned, family members or travelling companions,

               —

               official statements made by witnesses who can testify to the person concerned crossing the border,

               —

               information related to the identity and/or stay of a person which has been provided by an International organisation (e.g. UNHCR).

         ANNEX 5

   ANNEX 6

   JOINT DECLARATION CONCERNING DENMARK
   The Contracting Parties take note that this Agreement does not apply to the territory of the Kingdom of Denmark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that the Republic of Moldova and Denmark conclude a readmission agreement in the same terms as this Agreement.
   JOINT DECLARATION CONCERNING ICELAND
   The Contracting Parties take note of the close relationship between the European Community and Iceland, particularly by virtue of the Agreement of 18 May 1999 concerning the association of this country with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that the Republic of Moldova concludes a readmission agreement with Iceland in the same terms as this Agreement.
   JOINT DECLARATION CONCERNING NORWAY
   The Contracting Parties take note of the close relationship between the European Community and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of this country with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that the Republic of Moldova brings into conformity the readmission agreement with Norway signed on 31 March 2005 with the terms of the present Agreement.
   JOINT DECLARATION CONCERNING SWITZERLAND
   The Contracting Parties take note that the European Union, the European Community and Switzerland signed an agreement on Switzerland's association with the implementation, application and development of the Schengen acquis. It is appropriate, once this association agreement enters into force, that the Republic of Moldova brings into conformity the readmission agreement with Switzerland signed on 6 November 2003 with the terms of the present Agreement.
   JOINT DECLARATION CONCERNING ARTICLES 3(1) AND 5(1)
   The Parties agree that a person is ‘entering directly’ from the territory of Moldova within the meaning of these provisions if such person arrived on the territory of the Member States without having entered a third-country in between, or, where the Requested State is one of the Member States, arrived on the territory of Moldova, without having entered a third-country in between. Airside transit stays in a third country shall not be considered as entry.
   JOINT DECLARATION ON TECHNICAL AND FINANCIAL SUPPORT
   Both Parties agree to implement this Agreement based on the principles of joint responsibility, solidarity and an equal partnership to manage the migratory flows between Moldova and the EU.
   In this context, the EC is committed to make available financial resources in order to support Moldova in the implementation of this Agreement. In doing so, special attention will be devoted to capacity building. Such support is to be provided in the context of the overall priorities for assistance in favour of Moldova, as part of the overall funding available for Moldova and in full respect of the relevant implementation rules and procedures of EC external assistance.


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31995D1221(02)

Council Decision of 8 December 1995 appointing a member and two alternate members of the Advisory Committee on the Training of Dental Practitioners

Official Journal C 343 , 21/12/1995 P. 0002 - 0003

COUNCIL DECISION of 8 December 1995 appointing a member and two alternate members of the Advisory Committee on the Training of Dental Practitioners (95/C 343/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 78/688/EEC of 25 July 1978 setting up an Advisory Committee on the Training of Dental Practitioners (1), and in particular Articles 3 and 4 thereof;Whereas, by its Decision of 25 July 1994 (2), the Council appointed Dr Eugène SAINT-ÈVE a member and Mr Jacques MONNOT an alternate member of the Committee for the period ending 24 July 1997;Whereas, by its Decision of 23 October 1995 (3), the Council appointed Professor Goeran ANNEROTH an alternate member for the period ending 24 July 1997;Whereas the French Government has nominated Dr Gabriel OSTREICHER to replace Dr Eugène SAINT-ÈVE (the present member) and Dr Eugène SAINT-ÈVE to replace Mr Jacques MONNOT;Whereas the Swedish Government has nominated Dr Leif LEISNERT to replace Professor Goeran ANNEROTH (deceased),HAS DECIDED AS FOLLOWS:Article 1 Dr Gabriel OSTREICHER is hereby appointed a member of the Advisory Committee on the Training of Dental Practitioners in place of Dr Eugène SAINT-ÈVE for the remainder of the latter's term of office, which ends on 24 July 1997.Article 2 Dr Eugène SAINT-ÈVE is hereby appointed an alternate member of the Advisory Committee on the Training of Dental Practitioners in place of Mr Jacques MONNOT for the remainder of the latter's term of office, which ends on 24 July 1997.Article 3 Dr Leif LEISNERT is hereby appointed an alternate member of the Advisory Committee on the Training of Dental Practitioners in place of Professor Goeran ANNEROTH for the remainder of the latter's term of office, which ends on 24 July 1997.Done at Brussels, 8 December 1995.For the CouncilThe PresidentJ. BORRELL FONTELLES(1) OJ No L 233, 24. 8. 1978, p. 15.(2) OJ No C 221, 9. 8. 1994, p. 5.(3) OJ No C 292, 7. 11. 1995, p. 1.


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32002D0078

2002/78/EC: Council Decision of 17 December 2001 concerning the conclusion of a Framework Agreement between the European Community and the Republic of Cyprus on the general principles for the participation of the Republic of Cyprus in Community programmes

Official Journal L 034 , 05/02/2002 P. 0017 - 0018

Council Decisionof 17 December 2001concerning the conclusion of a Framework Agreement between the European Community and the Republic of Cyprus on the general principles for the participation of the Republic of Cyprus in Community programmes(2002/78/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 13, 61, 95, 129, 137, 149(4), 150(4), 151(5), 152(4), 153(4), 156, 157, 166, 175(1) and 308, in conjunction with the second sentence of the first subparagraph of Article 300(2), the second subparagraph of Article 300(3), and Article 300(4) thereof,Having regard to the proposal from the Commission(1),Having regard to the assent of the European Parliament(2),Whereas:(1) The European Council in Luxembourg in December 1997 considered that the accession of the Republic of Cyprus to the European Union should benefit both communities in that country and contribute to civil peace and reconciliation.(2) That European Council made participation in the Community programmes a way of stepping-up the enhanced pre-accession strategy for candidate countries, such participation being determined case-by-case. That Council also established a specific pre-accession strategy for Cyprus which included participation in Community programmes and agencies. Following the European Council meetings in Helsinki in December 1999 and, in particular, in Nice in December 2000, the case-by-case approach in this field could be shifted to a more far-reaching one embracing most of the Community programmes.(3) In accordance with the negotiating directives adopted by the Council on 5 June 2001, the Commission has negotiated on behalf of the Community a Framework Agreement with the Republic of Cyprus on the general principles for its participation in Community programmes.(4) With regard to some of the programmes covered by the Agreement, the Treaty provides for no powers other than those under Article 308.(5) The specific terms and conditions regarding the participation of the Republic of Cyprus in the Community programmes, in particular the financial contribution payable, should be determined by the Commission on behalf of the Community. For that purpose the Commission should be assisted by a special committee appointed by the Council.(6) The Republic of Cyprus may apply for financial assistance for participation in Community programmes under Council Regulation (EC) No 555/2000 of 13 March 2000 on the implementation of operations in the framework of the pre-accession strategy for the Republic of Cyprus and the Republic of Malta(3).(7) Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the EC Treaty, is not participating in the part of this Council decision adopted with reference to Title IV of the EC Treaty, and Denmark is not bound by this part of this Council decision nor subject to its application.(8) The United Kingdom and Ireland intend to participate in the adoption of the Council Regulation establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters and when it is adopted, the United Kingdom and Ireland will be bound by it and subject to its application. In respect of any future Community instrument adopted under Title IV of the EC Treaty, implementing or establishing any future Community programme, the United Kingdom and Ireland will only be bound by the part relating to Title IV of the EC Treaty of this Council Decision and subject to its application, if the United Kingdom and Ireland are bound by that instrument in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the EC Treaty.(9) The Agreement should be reviewed by the Commission at regular intervals.(10) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Framework Agreement between the European Community and the Republic of Cyprus on the general principles for the participation of the Republic of Cyprus in Community programmes is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 21. The Commission is authorised to determine, on behalf of the Community, the specific terms and conditions, regarding the participation of the Republic of Cyprus, in each individual programme, in particular the financial contribution payable. The Commission shall be assisted in this task by a special committee appointed by the Council.2. Where the Republic of Cyprus requests external assistance, the procedures provided for in Regulation (EC) No 555/2000 and in similar Regulations providing for Community external assistance to the Republic Cyprus that may be adopted in the future shall apply.Article 3No later than three years after the date of entry into force of the Agreement, and every three years thereafter, the Commission shall review the implementation of the Agreement and report thereon to the Council. The report shall be accompanied where necessary by appropriate proposals.Article 4The President of the Council is authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.Article 5The President of the Council shall, on behalf of the Community, give the notifications provided for in Article 9 of the Agreement(4).Done at Brussels, 17 December 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ C 304 E, 30.10.2001, p. 335.(2) Opinion delivered on 11 December 2001 (not yet published in the Official Journal).(3) OJ L 68, 16.3.2000, p. 3.(4) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2006/816/EC: Decision of the European Parliament of 27 April 2006 on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIA — European Ombudsman

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/46

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIA — European Ombudsman
   (2006/816/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0364/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               having regard to Articles 272(10), 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0116/2006),

               1.

               Grants the European Ombudsman discharge in respect of the implementation of the budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/47

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIA — European Ombudsman
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0364/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-92/2006),

               —

               having regard to Articles 272(10), 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0116/2006),

               1.

               Notes that in 2004 the European Ombudsman (the Ombudsman) administered a budget of EUR 5 782 988 with a utilisation rate of 88,05 %; notes further that 2004 was the first year in which the Ombudsman's office experienced full autonomy and therefore had full responsibility in financial matters;

               2.

               Points out that the Court of Auditors in its annual report for the financial year 2004 indicates that the audit did not give rise to any observations as regards the Ombudsman;

               3.

               Remarks that the statement of assurance signed by the Ombudsman and attached to his annual activity report contains no reservations or observations concerning management or control issues;

               4.

               Notes that following the entry into force in 2003 of the new Financial Regulation the Ombudsman as an institution with an independent budget had to comply with the rules concerning the separation and independence between the various actors involved in financial operations, to guarantee the economic effectiveness and efficiency of operations and to establish appropriate internal control mechanisms;

               5.

               Recalls that the Ombudsman, therefore, asked for and received authorisation from the budgetary authority to increase in the year 2004 the number of administrative staff dealing with financial and administrative matters; recalls furthermore that these new members of staff enabled the Ombudsman's office to perform during 2004 all the financial tasks that, until the end of 2003, had been provided by Parliament's services under the co-operation agreements; notes that these tasks included, inter alia, the management, calculation and processing of missions and the preparation of payment orders concerning staff salaries and also the Ombudsman's emoluments;

               6.

               Notes that in 2004 the Ombudsman had full control over the financial transactions relating to his section of the budget;

               7.

               Notes that the internal auditor's appraisal of the Ombudsman's office in relation to budgetary transactions in 2004 did not identify any areas of significant risk, but that a series of action plans was agreed with the management to reduce risk further and to enhance the existing systems, especially in the area of public procurement;

               8.

               Notes that 2004 saw an unprecedented rise of 51 % in complaints to the Ombudsman, the total in 2004 being 3 688 such complaints, which represents a clear sign of increasing awareness of the service provided by the Ombudsman and the greater degree of information provided by the institutions; notes that half of that increase was accounted for by complaints from the ten new Member States;

               9.

               Observes that on the Ombudsman's own estimate, 74,8 % of those complaints fell outside the scope of his mandate; notes that in 2004 the Ombudsman nevertheless initiated 351 inquiries, the great majority of which concerned the Commission, with the main type of maladministration alleged being lack of transparency, including refusal of information (22 %);

               10.

               Believes that the Ombudsman could serve as a model for other institutions, both as regards a clearly defined scope of competence and a well administered budget.

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.


title: Budget for 2004 - Europol

text:
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32003B0628(01)

Budget for 2004 - Europol

Official Journal C 152 , 28/06/2003 P. 0009 - 0015

Budget for 2004(1)(2003/C 152/04)Europol>TABLE>Host State>TABLE>(1) Adopted by the Council on 5 June 2003.ANNEX AEstablishment Plan 2004Title 2, Europol>TABLE>Title 4, Bodies and Organs>TABLE>Titles 2 and 4>TABLE>ANNEX BMember States contributionsBudget 2004Part A, Common Budget>TABLE>Note:The figures for the 2004 contributions are merely indicative and will in accordance with Article 40(2) of the Financial Regulation be corrected for each individual Member State for the difference between the contribution paid for 2002 and the contribution needed to finance the actual expenditures in 2002. These corrections will be made when the 2004 contributions are called up before 1 December 2003.Due to rounding off the totals might differ from the sum of the individual amounts.


title: 2005/552/EC: Decision of the European Parliament of 12 April 2005 concerning the discharge to the Commission for implementing the budget of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/150

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   concerning the discharge to the Commission for implementing the budget of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003
   (2005/552/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the report on the follow-up to 2002 discharges (COM(2004) 0648 — C6-0126/2004),
   having regard to the balance sheets and accounts of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003 (COM(2004) 0667 — C6-0165/2004),
   having regard to the Financial Management Report on the sixth, seventh, eighth and ninth European Development Funds for the year 2003 (SEC(2004) 1271),
   having regard to the Annual Report of the Court of Auditors on the activities of the sixth, seventh, eighth and ninth European Development Funds concerning the financial year 2003 together with the institutions’ replies (1),
   having regard to the Court of Auditors’ Statement of Assurance on the European Development Funds (2),
   having regard to the Council’s recommendations of 8 March 2005 (6865/2005 — C6-0078/2005, 6866/2005 — C6-0079/2005, 6867/2005 — C6-0080/2005, 6868/2005 — C6-0081/2005),
   having regard to Article 33 of the Internal Agreement of 20 December 1995 between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (3),
   having regard to Article 32 of the Internal Agreement of 18 September 2000 between the Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (4),
   having regard to Article 276 of the EC Treaty,
   having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (5),
   having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the ninth European Development Fund (6),
   having regard to Rules 70, 71 (third indent) of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0069/2005),

               A.

               Whereas, in its Statement of Assurance on the European Development Funds, the Court of Auditors concludes that, with certain exceptions, the accounts for the financial year 2003 reliably reflect the revenue and expenditure for the financial year and the financial situation at the end of the year.

               B.

               Whereas the Court of Auditors’ conclusion on the legality and regularity of the underlying transactions is based, inter alia, on the audit of a sample of transactions.

               C.

               Whereas the Court of Auditors, on the basis of the documentation examined, is of the opinion that the revenue entered in the accounts and the amounts allocated to the EDF’s commitments and payments are, taken as a whole, legal and regular,

               1.

               Gives discharge to the Commission in respect of the implementation of the budget of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003;

               2.

               Presents its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 293, 30.11.2004, p. 315.

      (2)  OJ C 293, 30.11.2004, p. 327.

      (3)  OJ L 156, 29.5.1998, p. 108.

      (4)  OJ L 317, 15.12.2000, p. 355.

      (5)  OJ L 191, 7.7.1998, p. 53.

      (6)  OJ L 83, 1.4.2003, p. 1.


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32001D0224(01)

Decision of the Governing Council of the European Central Bank of 19 June 1998 on the appointment and on the duration of the mandate of the external auditor of the European Central Bank (ECB/1998/NP1)

Official Journal L 055 , 24/02/2001 P. 0075 - 0075

DECISION OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANKof 19 June 1998on the appointment and on the duration of the mandate of the external auditor of the European Central Bank(ECB/1998/NP1)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK (hereinafter referred to as the "Governing Council"),Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular to Article 27.1 thereof,Whereas:(1) The accounts of the European Central Bank (hereinafter referred to as the "ECB") and of the national central banks shall be audited by independent external auditors recommended by the Governing Council and approved by the Council of the European Union.(2) The Council of the European Monetary Institute agreed to recommend Coopers &  Lybrand as the external auditor of the ECB for a mandate of five years with an escape clause after two years,HAS DECIDED AS FOLLOWS:Article 1Coopers &  Lybrand shall be recommended to the Council of the European Union as the external auditor of the ECB.Article 2The external auditor of the ECB shall have a mandate of five years with an escape clause after two years.Done at Frankfurt am Main, 19 June 1998.On behalf of the Governing Council of the ECBThe PresidentWillem F. Duisenberg


title: 2004/728/EC: Decision of the European Parliament of 21 April 2004 concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VIII — Ombudsman

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/156

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VIII — Ombudsman
   (2004/728/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the annual report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Grants the Ombudsman discharge in respect of the implementation of the budget for the 2002 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/157

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VIII — Ombudsman
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the Annual Report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93 a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Notes the replies given by the Ombudsman on 15 December 2003 to the questionnaire sent by the Committee on Budgetary Control on 26 November 2003;

               2.

               Considers it reasonable that the Ombudsman has concluded an agreement with Parliament on cooperation on administrative, budgetary and financial matters;

               3.

               Acknowledges that the Ombudsman is looking for a low-cost way of regularly travelling to Frankfurt am Main and Zurich airports; asks the Ombudsman to notify Parliament as to what solution he prefers; asks Parliament, at the same time, to consider to what extent it can be of assistance to him;

               4.

               Welcomes the Financial Controller's confirmation that the Ombudsman's financial management for 2001 and 2002 was satisfactory;

               5.

               Also welcomes the fact that the Internal Auditor will carry out a critical review of the new financial management structures and procedures for the financial year 2003;

               6.

               Welcomes the fact that the Ombudsman has undertaken to forward to the discharge authority the annual activity report drawn up by the principal authorising officer.

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.


title: Council Decision 2013/241/CFSP of 27 May 2013 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

text:
               28.5.2013

               EN

               Official Journal of the European Union

               L 141/47

         COUNCIL DECISION 2013/241/CFSP
   of 27 May 2013
   amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2).

               (2)

               On 5 June 2012, the Council adopted Decision 2012/291/CFSP (3) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2014.

               (3)

               The financial reference amount covers the period until 14 June 2013. Joint Action 2008/124/CFSP should be amended to provide a new financial reference amount intended to cover the period from 15 June 2013 until 14 June 2014.

               (4)

               EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty.

               (5)

               Joint Action 2008/124/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 16(1) of Joint Action 2008/124/CFSP is replaced by the following:

      ‘1.   The financial reference amount intended to cover the expenditure of EULEX KOSOVO until 14 October 2010 shall be EUR 265 000 000.
      The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 October 2010 until 14 December 2011 shall be EUR 165 000 000.
      The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 December 2011 until 14 June 2012 shall be EUR 72 800 000.
      The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2012 until 14 June 2013 shall be EUR 111 000 000.
      The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2013 until 14 June 2014 shall be EUR 110 000 000.’.

   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 27 May 2013.

            For the Council

            The President

         C. ASHTON

      (1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of independence.

      (2)  OJ L 42, 16.2.2008, p. 92.

      (3)  OJ L 146, 6.6.2012, p. 46.


title: 2008/45/EC: Council Decision of 20 December 2007 appointing a German member and a German alternate member of the Committee of the Regions

text:
               15.1.2008

               EN

               Official Journal of the European Union

               L 11/8

      COUNCIL DECISION

   of 20 December 2007
   appointing a German member and a German alternate member of the Committee of the Regions
   (2008/45/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the German Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A seat as a member of the Committee of the Regions has fallen vacant following the resignation of Ms Emilia MÜLLER. A seat as an alternate member of the Committee of the Regions has fallen vacant following the resignation of Mr Edmund STOIBER,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which ends on 25 January 2010:

               (a)

               as a member:
               Mr Markus SÖDER, Minister of State for Federal and European Affairs in the State Chancellery of Bavaria,
               and

               (b)

               as an alternate member:
               Mr Günther BECKSTEIN, First Minister of Bavaria.

         Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 20 December 2007.

            For the Council

            The President

         F. NUNES CORREIA

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2006/856/EC: Council Decision of 13 November 2006 establishing a Committee on monetary, financial and balance of payments statistics (Codified version)

text:
               30.11.2006

               EN

               Official Journal of the European Union

               L 332/21

      COUNCIL DECISION

   of 13 November 2006
   establishing a Committee on monetary, financial and balance of payments statistics
   (Codified version)
   (2006/856/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Council Decision 91/115/EEC of 25 February 1991 establishing a Committee on monetary, financial and balance of payments statistics (3) has been substantially amended (4). In the interests of clarity and rationality the said Decision should be codified.

               (2)

               There is a need to establish, as a section of the multiannual statistical programme of the Commission, a multiannual work programme in the field of monetary, financial and balance of payments statistics.

               (3)

               By Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities (5) the Council set up a Committee on the Statistical Programme of the European Communities, comprising representatives of the Member States' statistical institutes, to ensure close cooperation between Member States and the Commission whilst the statistical programme is established.

               (4)

               In Member States monetary and banking statistics are drawn up by central banks, and financial and balance of payments statistics are drawn up by various institutions, including central banks.

               (5)

               It is necessary, in order to achieve close cooperation between Member States and the Commission in the fields of monetary, financial and balance of payments statistics that the Commission be assisted, in drawing up and implementing the multiannual work programme relating to such statistics, by a Committee composed of representatives of the principal national institutions concerned.

               (6)

               Having regard to the specific role played in the Member States by the aforementioned institutions, it is necessary to allow the committee to choose its chairman.

               (7)

               There is, from the point of view of statistics, a close interdependence between the monetary, financial and balance of payments areas on the one hand, and certain other areas of economic statistics on the other hand.

               (8)

               The increased demand from the Member States and Community institutions for improved statistical information requires the enhancement of cooperation between the users and producers of monetary, financial and balance of payments statistics,

         HAS DECIDED AS FOLLOWS:
   Article 1
   A Committee on Monetary, Financial and Balance of Payments Statistics, hereinafter called ‘the Committee’, is hereby established.
   Article 2
   The Committee shall assist the Commission in drawing up and implementing the multiannual programme of work relating to monetary, financial and balance of payments statistics. The Committee shall, in particular, have the task of expressing opinions on the development and coordination of the monetary, financial and balance of payments statistics required for the policies implemented by the Council, the Commission, and the various committees assisting them.
   The Committee may be asked to express opinions on the links between monetary, financial and balance of payments statistics on the one hand, and certain other economic statistics on the other, in particular those on which national accounts are based. The work of this Committee will be coordinated with that of the Statistical Programme Committee.
   Article 3
   The Commission, on its own initiative, and, should the occasion arise, following a request from the Council or from the committees which assist them, shall consult the Committee on:

               (a)

               the establishment of multiannual Community programmes for monetary, financial and balance of payments statistics;

               (b)

               the measures which the Commission intends to undertake to achieve the objectives referred to in the multiannual programmes for monetary, financial and balance of payments statistics and the resources and timetables involved;

               (c)

               any other question, in particular questions of methodology, arising from the establishment or implementation of the Statistical Programme in the relevant fields.

         The Committee may express opinions on its own initiative on any questions relating to the establishment or the implementation of statistical programmes in the monetary, financial and balance of payments fields.
   Article 4
   The Committee may express opinions on its own initiative on any questions relating to those statistics that are of common concern to the Commission and national statistical authorities, on the one hand, and the European Central Bank (ECB) and national central banks, on the other. In the execution of its tasks, the Committee shall give its views to all interested parties.
   Article 5
   The Committee shall be composed of one, two or three representatives per Member State, coming from the institutions principally concerned with financial, monetary and balance of payments statistics, up to three representatives of the Commission and up to three representatives of the ECB. In addition, one representative of the Economic and Financial Committee may attend the meetings of the Committee, as an observer. Each Member State, the Commission and the ECB shall have one vote each.
   Representatives of other organisations, as well as any person able to contribute to discussions, may, on the decision of the Committee, participate in the Committee's meetings.
   Article 6
   The Committee shall elect its chairman according to the detailed rules laid down in its rules of procedure.
   Article 7
   The Committee shall draw up its rules of procedure.
   Article 8
   Decision 91/115/EEC is repealed.
   References made to the repealed Decision shall be construed as being made to this Decision and should be read in accordance with the correlation table in Annex II.

      Done at Brussels, 13 November 2006.

            For the Council

            The President

         E. TUOMIOJA

      (1)  OJ C 97 E, 22.4.2004, p. 68.

      (2)  OJ C 10, 14.1.2004, p. 27.

      (3)  OJ L 59, 6.3.1991, p. 19. Decision as amended by Decision 96/174/EC (OJ L 51, 1.3.1996, p. 48).

      (4)  See Annex I.

      (5)  OJ L 181, 28.6.1989, p. 47.

      ANNEX I
      Repealed Decision and its amending Decision

                  Council Decision 91/115/EEC

                  (OJ L 59, 6.3.1991, p. 19)

                  Council Decision 96/174/EC

                  (OJ L 51, 1.3.1996, p. 48)

      ANNEX II
      Correlation table

                  Decision 91/115/EEC

                  This Decision

                  Articles 1-3

                  Articles 1-3

                  Article 3a

                  Article 4

                  Article 4

                  Article 5

                  Article 5

                  Article 6

                  Article 6

                  Article 7

                  —

                  Article 8

                  —

                  Annex I

                  —

                  Annex II


title: 2014/813/EU: Decision of the European Parliament and of the Council of 22 October 2014 on the mobilisation of the European Globalisation Adjustment Fund in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/012 BE/Ford Genk from Belgium)

text:
               20.11.2014

               EN

               Official Journal of the European Union

               L 333/13

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 22 October 2014
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/012 BE/Ford Genk from Belgium)

      (2014/813/EU)

   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
   Having regard to Regulation (EU) no 1309/2013 of the European Parliament and the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) no 1927/2006 (2), and in particular Article 23, second subparagraph, thereof,
   Having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3), and in particular Article 12 thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Regulation (EU, Euratom) No 1311/2013.

               (3)

               Belgium submitted an application to mobilise the EGF, in respect of redundancies in the enterprise Ford-Werke GmbH and 10 suppliers, on 23 December 2013 and supplemented it by additional information up to 12 June 2014. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 570 945.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Belgium,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2014, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 570 945 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 22 October 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         B. DELLA VEDOVA

      (1)  OJ L 406, 30.12.2006, p. 1.

      (2)  OJ L 347, 20.12.2013, p. 855.

      (3)  OJ L 347, 20.12.2013, p. 884.

      (4)  OJ C 373, 20.12.2013, p. 1.


Avis juridique important

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31978D0270

78/270/EEC: Council Decision of 7 March 1978 replacing a member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 072 , 14/03/1978 P. 0019 - 0019

****( 1 ) OJ NO L 257 , 15 . 10 . 1968 , PP . 8 AND 9 .    COUNCIL DECISION   OF 7 MARCH 1978   REPLACING A MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS  ( 78/270/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 27 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 11 OCTOBER 1977 APPOINTING , FOR THE PERIOD ENDING 10 OCTOBER 1979 , MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,   WHEREAS THE COUNCIL WAS INFORMED ON 15 FEBRUARY 1978 THAT A SEAT AS MEMBER OF THE ABOVEMENTIONED COMMITTEE IN THE  ' WORKERS '  REPRESENTATIVES '  CATEGORY HAD BECOME VACANT AS A RESULT OF THE RESIGNATION OF MR SOENDER ;   HAVING REGARD TO THE NOMINATION SUBMITTED BY THE DANISH GOVERNMENT ON 20 FEBRUARY 1978 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR KNUD ELLEGAARD IS HEREBY APPOINTED A MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS IN PLACE OF MR SOENDER FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 10 OCTOBER 1979 .   DONE AT BRUSSELS , 7 MARCH 1978 .   FOR THE COUNCIL   THE PRESIDENT   K . B . ANDERSEN