title: 2007/792/EC: Decision of the Representatives of the Governments of the Member States meeting within the Council of 26 November 2007 amending Decision No 2005/446/EC setting the deadline for the commitment of the funds of the Ninth European Development Fund (EDF)

text:
               6.12.2007

               EN

               Official Journal of the European Union

               L 320/31

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL

   of 26 November 2007
   amending Decision No 2005/446/EC setting the deadline for the commitment of the funds of the Ninth European Development Fund (EDF)
   (2007/792/EC)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE COUNCIL,
   Having regard to the Treaty establishing the European Community,
   Having regard to the proposal from the Commission,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) as revised in Luxembourg on 25 June 2005 (2) (hereinafter referred to as the ACP-EC Partnership Agreement),
   Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (Overseas Association Decision) (3), and in particular Article 33a thereof,
   Having regard to the Internal Agreement between 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 ACP-EC Partnership Agreement (4) (hereinafter referred to as Ninth EDF Internal Agreement), and in particular Article 2(4) thereof,
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multi-annual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (5) (hereinafter referred to as Tenth EDF Internal Agreement),
   Whereas:

               (1)

               Decision 2005/446/EC of the Representatives of the Governments of the Member States meeting within the Council of 30 May 2005 (6) sets at 31 December 2007 the date beyond which the funds of the Ninth European Development Fund (hereinafter referred to as EDF) managed by the Commission, the interest subsidies managed by the European Investment Bank (hereinafter referred to as the EIB) and the revenue accruing from the interest on these appropriations are no longer to be committed.

               (2)

               Point 4 of Annex Ib (7) (Multi-annual financial framework for the period 2008 to 2013) to the ACP-EC Partnership Agreement provides an exception to the general rule for balances and funds decommitted after 31 December 2007 resulting from the system guaranteeing the stabilisation of export earnings from primary agricultural products (STABEX) under EDFs prior to the Ninth EDF and for the remaining balances and reimbursements of the amounts allocated for the financing of the Investment Facility, excluding the related interest subsidies.

               (3)

               That same point further provides that funds may still be committed after 31 December 2007 to ensure the working ability of the EU administration and to cover the ongoing costs to sustain running projects until the Tenth EDF comes into force.

               (4)

               The entry into force of the Tenth EDF may be delayed beyond 1 January 2008.

               (5)

               Decision 2005/446/EC and point 4 of Annex Ib to the ACP-EC Partnership Agreement need to be reconciled.

               (6)

               Due to force majeure, the establishment of the projects and programmes, funded from financial allocations available under the Ninth EDF after the mid-term review reallocation Decision of the Commission No C(2007) 3856 of 16 August 2007, has been delayed by six months in the French Overseas Countries and Territories (hereinafter referred to as OCTs) in the Pacific Region to which Part Four of the Treaty applies,

         HAVE DECIDED AS FOLLOWS:
   Sole Article
   Articles 1 and 2 of Decision 2005/446/EC shall be replaced by the following:

      ‘Article 1
      1.   The date beyond which the funds of the Ninth EDF managed by the Commission will not be committed shall be set at 31 December 2007, except for the balances and funds decommitted resulting from the system guaranteeing the stabilisation of export earnings from primary agricultural products (STABEX) under the EDFs prior to the Ninth EDF and for the balances of the Ninth EDF allocations to finance the initiatives referred to in the Single Programming Documents of the French OCTs in the Pacific Region. This date could be reviewed if need be.
      2.   Balances and funds decommitted after 31 December 2007 resulting from the system guaranteeing the stabilisation of export earnings from primary agricultural products (STABEX) under EDFs prior to the Ninth EDF shall be transferred to the Tenth EDF and shall be allocated to the indicative programme of the respective ACP States and OCTs. The date beyond which the funds of the Ninth EDF managed by the Commission to finance the initiatives referred to in the Single Programming Documents of the French OCTs in the Pacific Region will no longer be committed, shall be set at 30 June 2008.
      3.   When the entry into force of the Tenth EDF falls after 31 December 2007, balances from the Ninth EDF or from previous EDFs and funds decommitted from projects under these EDFs may be committed during the period between 31 December 2007 and the entry into force of the Tenth EDF, in which case they will be used exclusively to ensure the working ability of the EU administration and to cover the ongoing costs to sustain running projects until the Tenth EDF comes into force.
      4.   The revenue accruing from the interest on the appropriations of the EDF shall be used to cover the costs linked to implementation of the resources of the Ninth EDF in line with Article 9 of the Ninth EDF Internal Agreement until the Tenth EDF comes into force, whereafter they shall be reserved for support expenditures linked to the EDF as described in Article 6 of the Tenth EDF Internal Agreement.
      Article 2
      1.   The date beyond which the interest rate subsidies managed by the European Investment Bank (EIB) to provide resources of the Investment Facility on concessional terms will not be committed, shall be set at 31 December 2007 or the date of entry into force of the Tenth EDF, whichever is the later. This date could be reviewed if need be.
      2.   The remaining balances and reimbursements of the amounts allocated for the financing of the Investment Facility managed by the EIB, excluding the related interest subsidies, shall be transferred to the Tenth EDF and shall remain allocated to the Investment Facility.’

      Done at Brussels, 26 November 2007.

            On behalf of the Governments of the Member States

            The President

         J. SILVA

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 209, 11.8.2005, p. 27.

      (3)  OJ L 314, 30.11.2001, p. 1. Decision as amended by Decision 2007/249/EC (OJ L 109, 26.4.2007, p. 33).

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

      (5)  OJ L 247, 9.9.2006, p. 32.

      (6)  OJ L 156, 18.6.2005, p. 19.

      (7)  Annex Ib as contained in Annex to Decision No 1/2006 of the ACP-EC Council of Ministers (OJ L 247, 9.9.2006, p. 22).


title: 2006/548/EC,Euratom: Commission Decision of  2 August 2006  amending Decision 2001/844/EC, ECSC, Euratom

text:
               5.8.2006

               EN

               Official Journal of the European Union

               L 215/38

      COMMISSION DECISION

   of 2 August 2006
   amending Decision 2001/844/EC, ECSC, Euratom
   (2006/548/EC, Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,
   Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(1) thereof,
   Whereas:

               (1)

               In accordance with Article 2(1) of the Commission's provisions on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (1), the Member of the Commission responsible for security matters is to take appropriate measures to ensure that, when handling EU classified information, the Commission's rules on security are respected within the Commission, and, inter alia, by contractors external to the Commission.

               (2)

               Article 2(2) of the Commission provisions on security states that Member States, other institutions, bodies, offices and agencies established by virtue or on the basis of the Treaties are to be allowed to receive EU classified information on the condition that they ensure that strictly equivalent rules are respected within their services and premises, inter alia, by Member State's external contractors.

               (3)

               The Commission provisions on security do not at present include elements on how their basic principles and minimum standards should apply where the Commission confers on external entities, by contract or grant agreement, tasks involving, entailing and/or containing EU classified information.

               (4)

               It is therefore necessary to insert specific common minimum standards in that regard in the Commission's provisions on security and in the rules on security annexed thereto.

               (5)

               These common minimum standards should also be complied with by Member States, for measures to be taken in accordance with national arrangements, where they confer by contract or grant agreement, tasks involving, entailing and/or containing EU classified information on the external entities referred to in Article 2(2) of the Commission provisions on security.

               (6)

               These common minimum standards should apply without prejudice to other relevant acts, in particular Directive 2004/18/EC of the European Parliament and the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (2), Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and Commission Regulation (EC, Euratom) No 2342/2002 (4) establishing its implementing rules and in particular to bilateral and multilateral agreements referred to in Articles 106 and 107 of Regulation (EC, Euratom) No 1605/2002,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission provisions on security as set out in the Annex to Decision 2001/844/EC, ECSC, Euratom are amended as follows:

               1.

               In Article 2(1) the following paragraph is added:
               ‘When a contract or grant agreement between the Commission and an external contractor or beneficiary involves the processing of EU classified information in the contractor's or beneficiary's premises, the appropriate measures to be taken by the said external contractor or beneficiary to ensure that the rules referred to in Article 1 are complied with, when handling EU classified information, shall be an integral part of the contract or grant agreement.’

               2.

               The rules on security as set out in the Annex to the Commission provisions on security are amended as follows:

                           (a)

                           In Section 5.1. of Part I the following sentence is added:
                           ‘Such minimum standards shall also be applied when the Commission confers by contract or grant agreement, tasks involving, entailing and/or containing EU classified information on industrial or other entities: these common minimum standards are contained in Section 27 of Part II.’;

                           (b)

                           In Part II, the text in the Annex to this Decision is added as Section 27;

                           (c)

                           In Appendix 6, the following abbreviations are added:

                                       ‘DSA

                                       :

                                       Designated Security Authority

                                       FSC

                                       :

                                       Facility Security Clearance

                                       FSO

                                       :

                                       Facility Security Officer

                                       PSC

                                       :

                                       Personnel Security Clearance

                                       SAL

                                       :

                                       Security Aspects Letter

                                       SCG

                                       :

                                       Security Classification Guide’

                                 .

         Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 2 August 2006.

            For the Commission

         Siim KALLAS

            Vice-President

      (1)  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/70/EC, Euratom (OJ L 34, 7.2.2006, p. 32).

      (2)  OJ L 134, 30.4.2004, p. 114. Directive as last amended by Commission Regulation (EC) No 2083/2005 (OJ L 333, 20.12.2005, p. 28).

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

      ANNEX

         ‘27.   COMMON MINIMUM STANDARDS ON INDUSTRIAL SECURITY
         27.1.   Introduction
         This Section deals with security aspects of industrial activities that are unique to negotiating and awarding contracts or grant agreements conferring tasks involving, entailing and/or containing EU classified information and to their performance by industrial or other entities, including the release of, or access to, EU classified information during the public procurement and call for proposals procedures (bidding period and pre-contract negotiations).
         27.2.   Definitions
         For the purpose of these common minimum standards, the following definitions shall apply:

                     (a)

                     “Classified contract”: any contract or grant agreement to supply products, execute works, render available buildings or provide services, the performance of which requires or involves access to or creation of EU classified information;

                     (b)

                     “Classified sub-contract”: a contract entered into by a contractor or a grant beneficiary with another contractor (i.e. the subcontractor) for the supply of products, execution of works, provision of buildings or services, the performance of which requires or involves access to or generation of EU classified information;

                     (c)

                     “Contractor”: an economic operator or legal entity possessing the legal capacity to undertake contracts or to be beneficiary of a grant;

                     (d)

                     “Designated Security Authority (DSA)”: an authority responsible to the National Security Authority (NSA) of an EU Member State which is responsible for communicating to industry or other entities the national policy in all matters of industrial security and for providing direction and assistance in its implementation. The function of DSA may be carried out by the NSA;

                     (e)

                     “Facility Security Clearance (FSC)”: an administrative determination by a NSA/DSA that, from the security viewpoint, a facility can afford adequate security protection to EU classified information of a specific security classification level and that its personnel who require access to EU classified information have been appropriately security cleared and briefed on the necessary security requirements for accessing and protecting EU classified information;

                     (f)

                     “Industrial or other entity”: a contractor or a subcontractor involved in supplying goods, executing works or providing services; this may involve industrial, commercial, service, scientific, research, educational or development entities;

                     (g)

                     “Industrial security”: the application of protective measures and procedures to prevent, detect and recover from the loss or compromise of EU classified information handled by a contractor or subcontractor in (pre)contract negotiations and classified contracts;

                     (h)

                     “National Security Authority (NSA)”: the Government Authority of an EU Member State with ultimate responsibility for the protection of EU classified information within that Member State;

                     (i)

                     “Overall level of security classification of a contract”: determination of the security classification of the whole contract or grant agreement, based on the classification of information and/or material that is to be, or may be, generated, released or accessed under any element of the overall contract or grant agreement. The overall level of security classification of a contract may not be lower than the highest classification of any of its elements, but may be higher because of the aggregation effect;

                     (j)

                     “Security Aspects Letter (SAL)”: a set of special contractual conditions, issued by the contracting authority, which forms an integral part of a classified contract involving access to or generation of EU classified information, and that identifies the security requirements or those elements of the classified contract requiring security protection;

                     (k)

                     “Security Classification Guide (SCG)”: a document which describes the elements of a programme, contract or grant agreement which are classified, specifying the applicable security classification levels. The SCG may be expanded throughout the life of the programme, contract or grant agreement, and the elements of information may be re-classified or downgraded. The SCG must be part of the SAL.

               27.3.   Organisation

                     (a)

                     The Commission may confer by classified contract tasks involving, entailing and/or containing EU classified information on industrial or other entities registered in a Member State;

                     (b)

                     The Commission shall ensure that all requirements deriving from these minimum standards are complied with when awarding classified contracts;

                     (c)

                     The Commission shall involve the relevant NSA or NSAs in order to apply these minimum standards on industrial security. NSAs may refer these tasks to one or more DSAs;

                     (d)

                     The ultimate responsibility for protecting EU classified information within industrial or other entities rests with the management of these entities;

                     (e)

                     Whenever a classified contract or subcontract falling within the scope of these minimum standards is awarded, the Commission and/or the NSA/DSA, as appropriate, will promptly notify the NSA/DSA of the Member State in which the contractor or subcontractor is registered.

               27.4.   Classified contracts and grant decisions

                     (a)

                     The security classification of contracts or grant agreements must take account of the following principles:

                                 —

                                 the Commission determines, as appropriate, those aspects of the classified contract which require protection and the consequent security classification; in so doing, it must take into account the original security classification assigned by the originator to information generated before awarding the classified contract,

                                 —

                                 the overall level of classification of the contract may not be lower than the highest classification of any of its elements,

                                 —

                                 EU classified information generated under contractual activities is classified in agreement with the Security Classification Guide,

                                 —

                                 where appropriate, the Commission is responsible for changing the overall level of classification of the contract, or security classification of any of its elements, in consultation with its originator, and for informing all interested parties,

                                 —

                                 classified information released to the contractor or subcontractor or generated under contractual activity must not be used for purposes other than those defined by the classified contract and must not be disclosed to third parties without the prior written consent of the originator;

                     (b)

                     The Commission and NSAs/DSAs of the relevant Member States are responsible for ensuring that contractors and subcontractors awarded classified contracts which involve information classified CONFIDENTIEL UE or above take all appropriate measures for safeguarding such EU classified information released to or generated by them in the performance of the classified contract in accordance with national laws and regulations. Non-compliance with the security requirements may result in termination of the classified contract;

                     (c)

                     All industrial or other entities participating in classified contracts which involve access to information classified CONFIDENTIEL UE or above must hold a national FSC. The FSC is granted by the NSA/DSA of the Member State to confirm that a facility can afford and guarantee adequate security protection of EU classified information to the appropriate classification level;

                     (d)

                     When a classified contract is awarded, a Facility Security Officer (FSO), appointed by the management of the contractor or subcontractor, shall be responsible for requesting a Personnel Security Clearance (PSC) for all persons employed in industrial or other entities registered in an EU Member State whose duties require access to information classified CONFIDENTIEL UE or above subject to a classified contract, to be granted by the NSA/DSA of that Member State in accordance with its national regulations;

                     (e)

                     Classified contracts must include the SAL as defined in 27.2.(j). The SAL must contain the SCG;

                     (f)

                     Before initiating a negotiated procedure for a classified contract the Commission will contact the NSA/DSA of the Member State in which the industrial or other entities concerned are registered in order to obtain confirmation that they hold a valid FSC appropriate to the level of security classification of the contract;

                     (g)

                     The contracting authority must not place a classified contract with a preferred economic operator before having received the valid FSC certificate;

                     (h)

                     Unless required by Member State national laws and regulations, an FSC is not required for contracts involving information classified RESTREINT UE;

                     (i)

                     Invitations to tender in respect of classified contracts must contain a provision requiring that an economic operator who fails to submit a tender or who is not selected be required to return all documents within a specified period of time;

                     (j)

                     It may be necessary for contractors to negotiate classified subcontracts with subcontractors at various levels. The contractor is responsible for ensuring that all subcontracting activities are undertaken in accordance with the common minimum standards contained in this Section. However, the contractor must not transmit EU classified information or material to a subcontractor without the prior written consent of the originator;

                     (k)

                     The conditions under which a contractor may subcontract must be defined in the tender or call for proposals and in the classified contract. No subcontract may be awarded to entities registered in a non-EU Member State without the express written authorisation of the Commission;

                     (l)

                     Throughout the life of the classified contract, compliance with all its security provisions will be monitored by the Commission, in conjunction with the relevant DSA/NSA. Any security incidents shall be reported, in accordance with the provisions laid down in Part II, Section 24 of these Rules on Security. Any change to or withdrawal of an FSC shall immediately be communicated to the Commission and to any other NSA/DSA to which it has been notified;

                     (m)

                     When a classified contract or a classified subcontract is terminated, the Commission and/or the NSA/DSA, as appropriate, will promptly notify the NSA/DSA of the Member State in which the contractor or subcontractor is registered;

                     (n)

                     The common minimum standards contained in this Section shall continue to be complied with, and the confidentiality of classified information shall be maintained by the contractors and subcontractors, after termination or conclusion of the classified contract or classified subcontract;

                     (o)

                     Specific provisions for the disposal of classified information at the end of the classified contract will be laid down in the SAL or in other relevant provisions identifying security requirements;

                     (p)

                     The obligations and conditions referred to in this Section apply mutatis mutandis to procedures where grants are awarded by decision and notably to the beneficiaries of such grants. The grant decision shall set out all obligations of the beneficiaries.

               27.5.   Visits
         Visits by personnel of the Commission in the context of classified contracts to industrial or other entities in the Member States performing EU classified contracts must be arranged with the relevant NSA/DSA. Visits by employees of industrial or other entities within the framework of an EU classified contract must be arranged between the NSAs/DSAs concerned. However, the NSAs/DSAs involved in an EU classified contract may agree on a procedure whereby visits by employees of industrial or other entities can be arranged directly.
         27.6.   Transmission and transportation of EU classified information

                     (a)

                     With regard to the transmission of EU classified information, the provisions of Part II, Section 21 of these Rules on Security shall apply. In order to supplement such provisions, any existing procedures in force among Member States will apply;

                     (b)

                     The international transportation of EU classified material relating to classified contracts will be in accordance with Member State's national procedures. The following principles will be applied when examining security arrangements for international transportation:

                                 —

                                 security is assured at all stages during the transportation and under all circumstances, from the point of origin to the ultimate destination,

                                 —

                                 the degree of protection accorded to a consignment is determined by the highest classification of material contained within it,

                                 —

                                 an FSC is obtained, where appropriate, for companies providing transportation. In such cases, personnel handling the consignment must be security cleared in compliance with the common minimum standards contained in this Section,

                                 —

                                 journeys are point to point to the extent possible, and are completed as quickly as circumstances permit,

                                 —

                                 whenever possible, routes should be only through EU Member States. Routes through non-EU Member States should only be undertaken when authorised by the NSA/DSA of the States of both the consignor and the consignee,

                                 —

                                 prior to any movement of EU classified material, a Transportation Plan is made up by the consignor and approved by the NSAs/DSAs concerned.’


title: 2007/210/EC: Council Decision of 19 March 2007 on the signing and provisional application of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services

text:
               4.4.2007

               EN

               Official Journal of the European Union

               L 94/26

         COUNCIL DECISION
   of 19 March 2007
   on the signing and provisional application of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services
   (2007/210/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with the Government of Malaysia on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.

      Done at Brussels, 19 March 2007.

            For the Council

            The President

         Horst SEEHOFER

    ---documentbreak---

               4.4.2007

               EN

               Official Journal of the European Union

               L 94/28

         AGREEMENT
   between the European Community and the Government of Malaysia on certain aspects of air services
   THE EUROPEAN COMMUNITY
   of the one part, and
   THE GOVERNMENT OF MALAYSIA (hereinafter Malaysia)
   of the other part
   (hereinafter referred to as the Parties)
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and Malaysia, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and Malaysia and to preserve the continuity of such air services,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Malaysia which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes, may render ineffective the competition rules applicable to undertakings,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Malaysia, to affect the balance between Community air carriers and air carriers of Malaysia, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Malaysia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Malaysia shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law; and

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier has its principal place of business in the territory of the Member State from which it has received the valid Operating Licence; and

               (iv)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         3.   Malaysia may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States; or

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between Malaysia and another Member State and Malaysia can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement; or

               (v)

               the air carrier designated holds an Air Operators Certificate issued by a Member State and no bilateral air services agreement is in force between Malaysia and that Member State and that Member State has denied traffic rights to the air carriers designated by Malaysia.

         In exercising its right under this paragraph, Malaysia shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(c).
   2.   Where a Member State (the first Member State) has designated an air carrier whose regulatory control is exercised and maintained by a second Member State, the rights of Malaysia under the safety provisions of the agreement between the first Member State that has designated the air carrier and Malaysia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that second Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Malaysia that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by Malaysia under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 7
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 9
   Entry into force and provisional application
   1.   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and Malaysia which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 10
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on the twenty-second day of March in the year two thousand and seven, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Bahasa Melayu languages.

         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-Kominità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Communidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За правителството на Малайзия
         Por el Gobierno de Malasia
         Za vládu Malajsie
         For Malaysias regering
         Für die Regierung Malaysias
         Malaisia valitsuse nimel
         Για την Κυβέρνηση της Μαλαισίας
         For the Government of Malaysia
         Pour le gouvernement de la Malaisie
         Per il governo della Malaysia
         Malaizijas valdības vārdā
         Malaizijos Vyriausybės vardu
         Malaijzia Kormánya részéről
         Għall-Gvern tal-Malažja
         Voor de Regering van Maleisië
         W imieniu Rządu Malezji
         Pelo Governo da Malásia
         Pentru Guvernul Malaeziei
         Za vládu Malajzie
         Za Vlado Malezije
         Malesian hallituksen puolesta
         För Malaysias regering

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between Malaysia and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally;

                           —

                           Agreement between the Austrian Federal Government and the Government of Malaysia for air services between and beyond their respective territories, signed at Kuala Lumpur on 22 November 1976, hereinafter referred to ‘Malaysia — Austria Agreement’ in Annex II;
                           modified by Memorandum of Understanding done at Vienna on 23 August 1990;
                           last modified by Note Verbale done at Kuala Lumpur on 14 September 1994,

                           —

                           Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de Malaisie, relatif aux services aériens entre leurs territoires respectifs et au-delà, signed at Kuala Lumpur on 26 February 1974, hereinafter referred to ‘Malaysia — Belgium Agreement’ in Annex II;
                           modified by Agreed Minutes done at Brussels on 25 July 1978;
                           last modified by Agreed Minutes done at Kuala Lumpur on 14 October 1993,

                           —

                           Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Malaysia for air services between and beyond their respective territories, signed at Prague on 2 May 1973, hereinafter referred to ‘Malaysia — Czech Republic Agreement’ in Annex II;
                           to be read together with Memorandum of Understanding signed at Prague on 2 May 1973,

                           —

                           Agreement between the Government of the Kingdom of Denmark and the Government of Malaysia for air services between and beyond their respective territories, signed at Kuala Lumpur on 19 October 1967, hereinafter referred to ‘Malaysia — Denmark Agreement’ in Annex II,

                           —

                           Draft Air Services Agreement between the Government of the Kingdom of Denmark and the Government of Malaysia, initialled 1997 and 2002, hereinafter referred to ‘Draft Malaysia — Denmark Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Finland and the Government of Malaysia for air services between and beyond their respective territories, signed at Kuala Lumpur on 6 November 1997, hereinafter referred to ‘Malaysia — Finland Agreement’ in Annex II;
                           to be read together with Memorandum of Understanding done at Kuala Lumpur on 15 September 1997,

                           —

                           Accord entre le Gouvernement de la République française et le Gouvernement de Malaysia relatif aux transports aériens, signed at Kuala Lumpur on 22 May 1967, hereinafter referred to ‘Malaysia — France Agreement’ in Annex II,

                           —

                           Agreement between the Federal Republic of Germany and Malaysia for Air Services between and beyond their respective territories, signed at Kuala Lumpur on 23 July 1968, hereinafter referred to ‘Malaysia — Germany Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Hungary and the Government of Malaysia for air services between and beyond their territories, signed at Kuala Lumpur on 19 February 1993, hereinafter referred to ‘Malaysia — Hungary Agreement’ in Annex II,

                           —

                           Agreement between the Government of Ireland and the Government of Malaysia on air transport, signed at Shannon on 17 February 1992, hereinafter referred to ‘Malaysia — Ireland Agreement’ in Annex II,

                           —

                           Agreement between the Government of Malaysia and the Government of Republic of Italy concerning air services, signed at Kuala Lumpur on 23 March 1995, hereinafter referred to ‘Malaysia — Italy Agreement’ in Annex II;
                           to be read together with Confidential Memorandum of Understanding done at Rome on 30 November 1994;
                           modified by Confidential Memorandum of Understanding done at Kuala Lumpur on 18 July 1997;
                           modified by Agreed Record of discussions between Malaysia and Italy, done at Rome on 18 May 2005;
                           last modified by Memorandum of Understanding done at London on 18 July 2006,

                           —

                           Air Services Agreement between the Government of Malaysia and the Government of the Grand Duchy of Luxembourg, initialled at Kuala Lumpur on 19 July 2002, as Attachment II of Confidential Memorandum of Understanding, signed at Kuala Lumpur on 19 July 2002; hereinafter referred to ‘Malaysia — Luxembourg Agreement’ in Annex II,

                           —

                           Agreement between the Government of Malta and the Government of Malaysia for air services between and beyond their respective territories, signed at Malaysia on 12 October 1993, hereinafter referred to ‘Malaysia — Malta Agreement’ in Annex II;
                           to be read together with Memorandum of Understanding done at Valletta on 28 February 1984,

                           —

                           Agreement between the Government of the Kingdom of the Netherlands and the Government of Malaysia for air services between and beyond their respective territories, signed at Kuala Lumpur on 15 December 1966, hereinafter referred to ‘Malaysia — Netherlands Agreement’ in Annex II;
                           modified by Exchange of Notes of 25 March 1988;
                           modified by Confidential Memorandum of 23 October 1991;
                           modified by Exchange of Notes done at Kuala Lumpur on 10 May 1993;
                           last modified by Confidential Memorandum of Understanding attached as Appendix A to the Agreed Minutes done at Kuala Lumpur on 19 September 1995;
                           last amended by Exchange of Notes done at Kuala Lumpur on 23 May 1996,

                           —

                           Agreement between the Government of the Polish People's Republic and the Government of Malaysia concerning civil air transport, signed at Kuala Lumpur on 24 March 1975, hereinafter referred to ‘Malaysia — Poland Agreement’ in Annex II;
                           to be read together with the Protocol to the Civil Air Transport Agreement between the Government of the Polish People's Republic and the Government of Malaysia, done at Kuala Lumpur on 5 July 1974,

                           —

                           Agreement between the Government of Malaysia and the Portuguese Republic for air services between and beyond their respective territories, initialled and attached as Attachment II to the Memorandum of Understanding done at Kuala Lumpur on 19 May 1998, hereinafter referred to ‘Malaysia — Portugal Agreement’ in Annex II,

                           —

                           Civil Air Transport Agreement between the Government of the Socialist Republic of Romania and the Government of Malaysia, done at Kuala Lumpur on 26 November 1982, hereinafter referred to ‘Malaysia — Romania Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Slovenia and the Government of Malaysia for air services between and beyond their respective territories, signed at Ljubljana on 28 October 1997, hereinafter referred to ‘Malaysia — Slovenia Agreement’ in Annex II,

                           —

                           Air transport agreement between the Government of Spain and the Government of Malaysia, signed at Kuala Lumpur on 23 March 1993, hereinafter referred to ‘Malaysia — Spain Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Kingdom of Sweden and the Government of Malaysia for Air Services between and beyond their respective territories, signed at Kuala Lumpur on 19 October 1967, hereinafter referred to ‘Malaysia — Sweden Agreement’ in Annex II,

                           —

                           Draft Air Services Agreement between the Government of the Kingdom of Sweden and the Government of Malaysia, initialled 1997 and 2002, hereinafter referred to ‘Draft Malaysia — Sweden Agreement’ in Annex II,

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Malaysia for air services between and beyond their respective territories, signed at London on 24 May 1973, hereinafter referred to ‘Malaysia — United Kingdom Agreement’ in Annex II;
                           modified by Exchange of Notes done at Kuala Lumpur on 14 September 1993;
                           last modified by Memorandum of Understanding done at London on 18 January 2006;

               (b)

               Air service agreements and other arrangements initialled or signed between Malaysia and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally;

                           —

                           Agreement between the People's Republic of Bulgaria and the Government of Malaysia for air services between and beyond their respective territories, initialled at Sofia on 23 February 1984, hereinafter referred to ‘Malaysia — Bulgaria Agreement’ in Annex II; to be read together with the Confidential Memorandum of Understanding done at Kuala Lumpur on 2 October 1991,

                           —

                           Draft Memorandum of Understanding attached as Appendix 1 to the Agreed Record done in Kuala Lumpur on 15 December 2004, modifying the Malaysia-United Kingdom Agreement.

         ANNEX II
   List of articles in the agreements listed in Annex I and referred to in Articles 2 to 6 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3(1-3) of the Malaysia — Austria Agreement;

                           —

                           Article 2 of the Malaysia — Belgium Agreement;

                           —

                           Article 3(1-3) of the Malaysia — Bulgaria Agreement;

                           —

                           Article 3(1-3) of the Malaysia — Czech Republic Agreement;

                           —

                           Article II of the Malaysia — Denmark Agreement;

                           —

                           Article 3 of the Draft Malaysia — Denmark Agreement;

                           —

                           Article 3(1-3) of the Malaysia — France Agreement;

                           —

                           Article 3(1-3) of the Malaysia — Germany Agreement;

                           —

                           Article 3 of the Malaysia — Finland Agreement;

                           —

                           Article 3(1-3) of the Malaysia — Hungary Agreement;

                           —

                           Article 3(1-2) of the Malaysia — Ireland Agreement;

                           —

                           Article 4 of the Malaysia — Italy Agreement;

                           —

                           Article 3 of the Malaysia — Malta Agreement;

                           —

                           Article 3(1-3) of the Malaysia — Netherlands Agreement;

                           —

                           Article 3 of the Malaysia — Poland Agreement;

                           —

                           Article 3(1-3) of the Malaysia — Portugal Agreement;

                           —

                           Article 3(1-3) of the Malaysia — Romania Agreement;

                           —

                           Article 3(1-3) of the Malaysia — Slovenia Agreement;

                           —

                           Article 3 of the Malaysia — Spain Agreement;

                           —

                           Article II of the Malaysia — Sweden Agreement;

                           —

                           Article 3 of the Draft Malaysia — Sweden Agreement;

                           —

                           Article 3(1-3) of the Malaysia — United Kingdom Agreement;

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 3(4-7) of the Malaysia — Austria Agreement;

                           —

                           Article 3 of the Malaysia — Belgium Agreement;

                           —

                           Article 3(4-6) of the Malaysia — Bulgaria Agreement;

                           —

                           Article 3(4-6) of the Malaysia — Czech Republic Agreement;

                           —

                           Article III of the Malaysia — Denmark Agreement;

                           —

                           Article 4 of the Draft Malaysia — Denmark Agreement;

                           —

                           Article 4 of the Malaysia — Finland Agreement;

                           —

                           Article 3(4-6) of the Malaysia — France Agreement;

                           —

                           Article 3(4-6) of the Malaysia — Germany Agreement;

                           —

                           Article 3(4-6) of the Malaysia — Hungary Agreement;

                           —

                           Article 3(3-6) of the Malaysia — Ireland Agreement;

                           —

                           Article 5 of the Malaysia — Italy Agreement;

                           —

                           Article 4 of the Malaysia — Malta Agreement;

                           —

                           Article 3(4-6) of the Malaysia — Netherlands Agreement;

                           —

                           Article 4 of the Malaysia — Poland Agreement;

                           —

                           Article 3(4-6) of the Malaysia — Portugal Agreement;

                           —

                           Article 3(4-6) of the Malaysia — Romania Agreement;

                           —

                           Article 3(4-6) of the Malaysia — Slovenia Agreement;

                           —

                           Article 4 of the Malaysia — Spain Agreement;

                           —

                           Article III of the Malaysia — Sweden Agreement;

                           —

                           Article 4 of the Draft Malaysia — Sweden Agreement;

                           —

                           Article 3(4-6) of the Malaysia — United Kingdom Agreement;

               (c)

               Safety:

                           —

                           Article 7 of the Malaysia — Belgium Agreement;

                           —

                           Article 15 of the Draft Malaysia — Denmark Agreement;

                           —

                           Article 9 of the Malaysia — Hungary Agreement;

                           —

                           Article 10 of the Malaysia — Italy Agreement;

                           —

                           Article 6 of the Malaysia — Luxembourg Agreement;

                           —

                           Article 11 of the Malaysia — Portugal Agreement;

                           —

                           Article 7 of the Malaysia — Romania Agreement;

                           —

                           Article 11 of the Malaysia — Spain Agreement;

                           —

                           Article 15 of the Draft Malaysia — Sweden Agreement;

                           —

                           Article 9A of the Malaysia — United Kingdom Agreement;

               (d)

               Taxation of aviation fuel:

                           —

                           Article 4 of the Malaysia — Austria Agreement;

                           —

                           Article 4 of the Malaysia — Belgium Agreement;

                           —

                           Article 4 of the Malaysia — Bulgaria Agreement;

                           —

                           Article 4 of the Malaysia — Czech Republic Agreement;

                           —

                           Article IV of the Malaysia — Denmark Agreement;

                           —

                           Article 6 of the Draft Malaysia — Denmark Agreement;

                           —

                           Article 5 of the Malaysia — Finland Agreement;

                           —

                           Article 4 of the Malaysia — France Agreement;

                           —

                           Article 4 of the Malaysia — Germany Agreement;

                           —

                           Article 4 of the Malaysia — Hungary Agreement;

                           —

                           Article 11 of the Malaysia — Ireland Agreement;

                           —

                           Article 6 of the Malaysia — Italy Agreement;

                           —

                           Article 9 of the Malaysia — Luxembourg Agreement;

                           —

                           Article 5 of the Malaysia — Malta Agreement;

                           —

                           Article 4 of the Malaysia — Netherlands Agreement;

                           —

                           Article 6 of the Malaysia — Poland Agreement;

                           —

                           Article 4 of the Malaysia — Portugal Agreement;

                           —

                           Article 4 of the Malaysia — Romania Agreement;

                           —

                           Article 4 of the Malaysia — Slovenia Agreement;

                           —

                           Article 5 of the Malaysia — Spain Agreement;

                           —

                           Article IV of the Malaysia — Sweden Agreement;

                           —

                           Article 6 of the Draft Malaysia — Sweden Agreement;

                           —

                           Article 4 of the Malaysia — United Kingdom Agreement;

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 7 of the Malaysia — Austria Agreement;

                           —

                           Article 10 of the Malaysia — Belgium Agreement;

                           —

                           Article 8 of the Malaysia — Bulgaria Agreement;

                           —

                           Article 7 of the Malaysia — Czech Republic Agreement;

                           —

                           Article VII of the Malaysia — Denmark Agreement;

                           —

                           Article 11 of the Draft Malaysia — Denmark Agreement;

                           —

                           Article 10 of the Malaysia — Finland Agreement;

                           —

                           Article 7 of the Malaysia — France Agreement;

                           —

                           Article 7 of the Malaysia — Germany Agreement;

                           —

                           Article 7 of the Malaysia — Spain Agreement;

                           —

                           Article 8 of the Malaysia — Hungary Agreement;

                           —

                           Article 6 of the Malaysia — Ireland Agreement;

                           —

                           Article 8 of the Malaysia — Italy Agreement;

                           —

                           Article 11 of the Malaysia — Luxembourg Agreement;

                           —

                           Article 10 of the Malaysia — Malta Agreement;

                           —

                           Article 7 of the Malaysia — Netherlands Agreement;

                           —

                           Article 10 of the Malaysia — Poland Agreement;

                           —

                           Article 9 of the Malaysia — Portugal Agreement;

                           —

                           Article 9 of the Malaysia — Romania Agreement;

                           —

                           Article 8 of the Malaysia — Slovenia Agreement;

                           —

                           Article VII of the Malaysia — Sweden Agreement;

                           —

                           Article 11 of the Draft Malaysia — Sweden Agreement;

                           —

                           Article 7 of the Malaysia — United Kingdom Agreement;

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


Avis juridique important

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32001D0761

2001/761/Euratom: Council Decision of 27 September 2001 authorising the conclusion by the Commission of two Cooperation Agreements between the European Autonomic Energy Community and the Government of the Russian Federation in the fields of nuclear safety and controlled nuclear fusion

Official Journal L 287 , 31/10/2001 P. 0021 - 0022

Council Decisionof 27 September 2001authorising the conclusion by the Commission of two Cooperation Agreements between the European Autonomic Energy Community and the Government of the Russian Federation in the fields of nuclear safety and controlled nuclear fusion(2001/761/Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101(2) thereof,Having regard to the Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part(1), which entered into force on 1 December 1997, and which aims to establish close cooperation in the nuclear sector, inter alia, through the implementation of two agreements on nuclear safety and thermonuclear fusion,Having regard to the proposal from the Commission,Whereas:(1) In accordance with the directives that the Council adopted in its Decision of 17 January 1991, the Commission has negotiated two agreements on nuclear safety and controlled nuclear fusion between the European Atomic Energy Community and the Russian Federation.(2) The Commission should be authorised to conclude the agreements.(3) The Council, acting on a proposal by the Commission, approved the agreements on 22 December 1994. However, subsequent developments made revision and updating necessary. Therefore, the Council Decision of 22 December 1994 should be repealed.(4) The Council adopted Decision 1999/64/Euratom on 22 December 1998 concerning the fifth framework programme of the European Atomic Energy Community (Euratom) for research and training activities (1998 to 2002)(2) which includes the key action controlled thermonuclear fusion.(5) The Council in its Decision 1999/175/Euratom of 25 January 1999 adopted a research and training programme (Euratom) in the field of nuclear energy for the period 1998 to 2002(3),HAS DECIDED AS FOLLOWS:Article 1The Commission is hereby authorised to conclude with the Russian Federation the following two agreements: the Agreement for cooperation between the European Atomic Energy Community and the Government of the Russian Federation in the field of nuclear safety and the Agreement for cooperation between the European Atomic Energy Community and the Government of the Russian Federation in the field of controlled nuclear fusion.The text of these two agreements is attached to this Decision(4).Article 2The Council Decision of 22 December 1994 is repealed and replaced by this Decision.Done at Brussels, 27 September 2001.For the CouncilThe PresidentR. Landuyt(1) OJ L 327, 28.11.1997, p. 3.(2) OJ L 26, 1.2.1999, p. 34.(3) OJ L 64, 12.3.1999, p. 142.(4) See page 23 of this Official Journal.


title: 2007/241/EC: Council Decision of 27 March 2007 on the conclusion of the Scientific and Technological Cooperation Agreement between the European Community and the Government of the Republic of Korea

text:
               24.4.2007

               EN

               Official Journal of the European Union

               L 106/43

         COUNCIL DECISION
   of 27 March 2007
   on the conclusion of the Scientific and Technological Cooperation Agreement between the European Community and the Government of the Republic of Korea
   (2007/241/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 170, 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 (1),
   Whereas:

               (1)

               The Agreement on the Scientific and Technological Cooperation between the European Community and the Government of the Republic of Korea was signed on behalf of the Community on 22 November 2006 subject to its possible conclusion at a later date, in conformity with the Decision of the Council on the signature of the Scientific and Technological Cooperation Agreement between the European Community and the Government of the Republic of Korea (2).

               (2)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement on the Scientific and Technological Cooperation between the European Community and the Government of the Republic of Korea is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision (3).
   Article 2
   The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 12(1) of the Agreement (4).

      Done at Brussels, 27 March 2007.

            For the Council

            The President

         P. STEINBRÜCK

      (1)  Opinion of 1 February 2007 (not yet published in the Official Journal).

      (2)  See page 44 of this Official Journal.

      (3)  See page 44 of this Official Journal.

      (4)  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.
    ---documentbreak---

               24.4.2007

               EN

               Official Journal of the European Union

               L 106/44

         AGREEMENT
   on the Scientific and Technological Cooperation between the European Community and the Government of the Republic of Korea
   THE EUROPEAN COMMUNITY,
   (hereinafter referred to as the Community), and
   THE GOVERNMENT OF THE REPUBLIC OF KOREA,
   (hereinafter referred to as Korea),
   (hereinafter jointly referred to as the Parties);
   CONSIDERING that the Community and Korea are pursuing research, technological development and demonstration activities in a number of areas of common interest, and being aware of the rapid expansion of scientific knowledge and its positive contribution in promoting bilateral and international cooperation;
   WISHING to broaden the scope of scientific and technological cooperation in a number of areas of common interest through the creation of a productive partnership for peaceful purposes and mutual benefits;
   NOTING that such cooperation and the application of the results of such cooperation will contribute to the economic and social development of the Parties; and
   DESIRING to establish a formal framework to implement the overall cooperative activities that will strengthen cooperation in science and technology between the Parties,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose and principles
   1.   The Parties shall encourage, develop and facilitate cooperative activities under this Agreement in the areas of science and technology for peaceful purposes, in accordance with this agreement and the laws and regulations of both Parties.
   2.   The cooperative activities under this Agreement shall be carried out on the basis of the following principles:

               (a)

               Mutual and equitable contributions and benefits;

               (b)

               Mutual access of the research and technological development programmes, projects and facilities of each Party by visiting researchers of the other Party;

               (c)

               Timely exchange of information which may concern cooperative activities;

               (d)

               Promotion of a knowledge-based society for the benefit of an economic and social development of the Parties; and

               (e)

               Protection of intellectual property rights in accordance with Annex II of this Agreement.

         Article 2
   Definitions
   For the purpose of this Agreement:

               1.

               ‘direct cooperative activities’ mean cooperative activities between the Parties;

               2.

               ‘indirect cooperative activities’ mean activities between legal entities established in Korea and the Community through the participation of Korean legal entities in the Community Framework Programme under Article 166 of the Treaty establishing the European Community (hereinafter referred to as the Framework Programme) and the reciprocal participation of the legal entities established in the Community in Korean research programmes or projects in science and technology fields similar to those covered by the Framework Programme;

               3.

               ‘cooperative activities’ include both direct and indirect cooperative activities;

               4.

               ‘legal entity’ means any natural person or any legal person created under the national law of its place of establishment or under Community law, having legal personality and being entitled to the rights and subjected to the obligations of any kind in its own name.

         Article 3
   Cooperative activities
   1.   The direct cooperative activities under this Agreement may include:

               (a)

               Meetings of various forms, including those of experts, to discuss and exchange information on scientific and technological topics of a general or specific nature and to identify research and development projects and programmes that may be undertaken on a cooperative basis;

               (b)

               Exchange of information on activities, policies, practices, laws and regulations concerning research and development;

               (c)

               Visits and exchanges of scientists, technical personnel and other experts on general or specific subjects;

               (d)

               Implementation of cooperative projects and programmes which may be decided upon by the Joint Committee, referred to in Article 6 in accordance with the respective laws and regulations of the Parties; and

               (e)

               Other forms of activities in the areas of science and technology, which may be decided upon by the Joint Committee, referred to in Article 6 in accordance with the respective laws and regulations of the Parties.

         2.   For the purpose of developing indirect cooperative activities, and subject to the Annexes to this agreement, any legal entity established in Korea or the Community may participate in research programmes or projects operated by the other Party and opened to its legal entities, in accordance with the respective laws and regulations of the Parties.
   Article 4
   Implementation procedures
   1.   Implementation of arrangements, which set forth the details and procedures of cooperative activities under this Agreement, may be concluded between the Parties.
   2.   Each Party may delegate the implementation of scientific and technological cooperative activities of the Parties to specific institutions for direct implementation or support of scientific and technological cooperative activities between the Parties.
   3.   Scientific and technological cooperative activities not based on specific agreements that have been encouraged, developed and facilitated by the Parties and have been commenced and not completed by the date of entry into force of this Agreement, shall be incorporated under this Agreement as of that date.
   Article 5
   Enhancement of cooperation
   1.   Each Party shall make every effort to accord with the legal entities carrying out cooperative activities under this Agreement, all potential facilities with a view of facilitating the works and visits of researchers participating in these cooperative activities along with the entry and exit from its territory of materials, data and equipments intended for use in these cooperative activities.
   2.   With regard to the cooperative activities under this Agreement, the Parties may allow, if appropriate and for peaceful purposes, the participation of researchers and organisations from all sectors of the research establishment including the private sector.
   Article 6
   Joint Committee
   1.   The coordination and facilitation of cooperative activities under this Agreement shall be carried out, on behalf of Korea, by the Ministries of Korea responsible for Science and Technology and, on behalf of the Community, by the services of the Commission of the European Communities (Directorate General for Science, Research and Development), who shall be acting as executive agents.
   2.   For the purpose of ensuring the effective implementation of this Agreement, the executive agents shall establish a Joint Committee on Scientific and Technological Cooperation (hereinafter referred to as the Joint Committee). The Joint Committee shall consist of official representatives of each Party and shall be co-chaired by the representatives of both Parties. The Joint Committee shall establish its own rules of procedure by mutual consent.
   3.   The functions of the Joint Committee shall be:

               1.

               Exchanging views and information on scientific and technological policy issues;

               2.

               Reviewing and discussing the cooperative activities and accomplishments under this Agreement;

               3.

               Making recommendations to the Parties with regard to the implementation of this Agreement, which may include the identification and proposal of the cooperative activities hereunder and the encouragement of their implementation;

               4.

               Providing a report to the Parties on the status, the achievements and the effectiveness of the cooperative activities under this Agreement. This report shall be transmitted to the EU-Korea Joint Committee under the Framework Agreement for Trade and Cooperation.

         4.   Decisions of the Joint Committee shall be reached by mutual consent.
   5.   The expenses of participant for the meetings of the Joint Committee, such as travel costs and accommodation shall be borne by the Parties to whom they relate. Any other costs associated with these meetings shall be borne by the host Party.
   6.   The Joint Committee shall meet alternately in Korea and the Community with the time of the meetings arranged upon mutual agreement, preferably annually.
   Article 7
   Funding
   1.   Implementation of this Agreement shall be subject to the availability of appropriated funds and the applicable laws and regulations of each Party.
   2.   The costs of the cooperative activities under this Agreement shall be borne as decided upon by mutual consent.
   3.   When specific cooperative schemes of one Party provide financial support to the participants from the other Party, any grants and financial or other contributions from one Party to the participants of the other Party in support of those activities shall be granted tax and customs exemption in accordance with the relevant laws and regulations in force in the territories of each Party at the time such grants and financial or other contributions are made.
   Article 8
   Information and intellectual property rights
   1.   Scientific and technological information of a non-proprietary nature arising from direct cooperative activities may be made available to the public by either Party through customary channels and in accordance with its general procedures.
   2.   Intellectual property rights and other proprietary rights created or introduced in the course of the cooperative activities under this Agreement shall be treated in accordance with the provisions of Annex II of this Agreement.
   Article 9
   Territorial application
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the Territory of Korea. This shall not prevent the conduct of cooperative activities in the high seas, outer space or the territory of third countries, in accordance with international law.
   Article 10
   Dispute settlement
   1.   The provisions of this Agreement shall not prejudice the rights and obligations of existing and/or future agreements on cooperation between the Parties or between the Governments of any Member State of the Community and the Government of Korea.
   2.   All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by consultation between the Parties.
   Article 11
   Annexes
   Annexes I (on terms and conditions for participation) and II (on intellectual property rights) constitute an integral part of this Agreement.
   Article 12
   Entry into force and termination
   1.   This Agreement shall enter into force on the date on which the Parties exchange diplomatic notes informing each other of the completion of their respective internal procedures necessary for the entry into force of this Agreement.
   2.   This Agreement shall remain in force for five years and shall continue to be in force thereafter unless terminated by either Party.
   3.   At the end of the initial five-year period or at any time later, this Agreement may be terminated through written notice, at least six months in advance to the other Party.
   4.   Each Party may evaluate the impact and activities of this Agreement every five years. Each Party shall make every effort to facilitate the evaluation conducted by the other Party and the Party which conducts the evaluation shall inform the other Party of the evaluation results.
   5.   This Agreement may be amended with the mutual consent of the Parties through the exchange of diplomatic notes. Amendments shall enter into force following the same procedure as mentioned in paragraph 1, except as otherwise agreed by the Parties.
   6.   The termination of this Agreement shall be without prejudice to the cooperative activities undertaken under this Agreement and not fully executed at the time of the termination of this Agreement or to any specific rights and obligations that have accrued in compliance with the Annexes to this Agreement.

      IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by the European Community and the Government of the Republic of Korea respectively, have signed this Agreement.
      DONE in duplicate at Brussels on the twenty-second day of November in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Korean languages, each text being equally authentic.

         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-Kominità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Communidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Por el Gobierno de la República de Corea
         Za vládu Korejské republiky
         For Republikken Koreas regering
         Für die Regierung der Republik Korea
         Korea Vabariigi Valitsuse nimel
         Για την Κυβέρνηση της Δημοκρατίας της Κορέας
         For the Government of the Republic of Korea
         Pour le gouvernement de la République de Corée
         Per il governo della Repubblica di Corea
         Korejas Republikas vārdā
         Korėjos Respublikos Vyriausybės vardu
         A Koreai Köztársaság kormánya részéről
         Għall-Gvern tar-Repubblíka tal-Korea
         Voor de Regering van de Republiek Korea
         W imieniu Rządu Republiki Korei
         Pelo Governo da República da Coreia
         Za vládu Kórejskej republiky
         Za Vlado Republike Koreje
         Korean tasavallan hallituksen puolesta
         På Republiken Koreas regerings vägnar

   ANNEX I
   Terms and conditions for the participation of legal entities established in the European Community and Korea
   Within the framework of this Agreement, in case one Party concludes a contract with a legal entity of the other Party for an indirect cooperative activity, the other Party, upon request, shall endeavour to provide any reasonable and feasible assistance as may be necessary or helpful to the former Party for smooth implementation of such contract.
   1.   TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES ESTABLISHED IN KOREA IN INDIRECT COOPERATIVE ACTIVITIES UNDER THE RESEARCH FRAMEWORK PROGRAMME OF THE COMMUNITY (HEARINAFTER REFERRED TO AS ‘THE FRAMEWORK PROGRAMME’)

               (a)

               Legal entities established in Korea may participate in indirect cooperative activities under the Framework Programme of the European Community for research, technological development and demonstration activities subject to the conditions and limitations laid down in the Regulation of the European Parliament and the Council concerning the rules for participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the framework programme of the European Community.

               (b)

               Without prejudice to paragraph (a), the participation of legal entities established in Korea for indirect cooperative activities under the Framework Programmes shall be in accordance with the Rules.

         2.   TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES ESTABLISHED IN THE EUROPEAN COMMUNITY IN KOREA'S RESEARCH PROGRAMMES AND PROJECTS

               (a)

               Legal entities established in the Community may participate in the research and development projects or programmes funded by the Korean Government.

               (b)

               Legal entities established in the Community shall participate in Korea's research and development projects or programmes in accordance with the relevant laws and regulations of Korea and the relevant rules of participation in such projects or programmes.

         ANNEX II
   Principles concerning the allocation of intellectual property rights
   1.   DEFINITION
   For the purpose of this Agreement, ‘intellectual property’ shall have the meaning given in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.
   2.   INTELLECTUAL PROPERTY RIGHTS OF THE PARTIES IN DIRECT COOPERATIVE ACTIVITIES

               (a)

               Except if otherwise specifically agreed by the Parties, the following rules shall apply to intellectual property rights, except copyrights and related rights, generated by the Parties in the course of direct cooperative activities carried out under Article 3.1 of this Agreement:

                           1.

                           The Party generating intellectual property shall have full ownership. In case the intellectual property has been jointly generated and the respective share of the work by the two Parties cannot be ascertained, the Parties shall have joint ownership of the intellectual property;

                           2.

                           The Party owning the intellectual property shall grant the other Party the access rights to carry out any direct cooperative activities. Such access rights shall be granted on a royalty-free basis.

               (b)

               Except if otherwise specifically agreed by the Parties, the following rules shall apply to copyrights and related rights of the Parties:

                           1.

                           When a Party publishes scientific and technical data, information or results by means of journals, articles, reports, books or in other forms, including video tapes and software, arising from and relating to cooperative activities under this Agreement, the Party shall make utmost efforts to obtain, for the other Party, non-exclusive, irrevocable, royalty-free licences in all countries where copyright protection is available, in order to translate, reproduce, adapt, transmit and publicly distribute such works;

                           2.

                           All publicly distributed copies of a copyrighted work under the provisions of paragraph (b)(1) shall indicate the name(s) of the author(s) of the work unless the author(s) explicitly declines to be named. They shall also display a clearly visible acknowledgement of the cooperative support of the Parties.

               (c)

               Except if otherwise specifically agreed by the Parties, the following rules shall apply to the undisclosed information of the Parties:

                           1.

                           When communicating to the other Party on the information necessary to carry out direct cooperative activities, each Party shall identify the information which it wishes to remain undisclosed;

                           2.

                           The Party receiving the information may, under its own responsibility, communicate undisclosed information to its agencies or persons employed through these agencies for the specific purposes of implementing this Agreement.

                           3.

                           With the prior written consent of the Party providing the undisclosed information, the other Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph (c)(2). The Parties shall cooperate with each other in developing procedures to request and obtain prior written consent for such wider dissemination, and each Party shall grant such approval to the extent permitted by its laws and regulations;

                           4.

                           Information arising from seminars, meetings, assignments of staff and of the use of facilities arranged under this Agreement shall remain confidential when the recipient of such information is requested by its provider to protect its confidential or privileged character at the time such communication is made, according to paragraph (c)(1);

                           5.

                           If one Party becomes aware that it will be, or may be reasonably expected to become, unable to meet the restrictions and conditions of dissemination of Article 2(c), it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.

         3.   INTELLECTUAL PROPERTY RIGHTS OF LEGAL ENTITIES OF THE PARTIES IN INDIRECT COOPERATIVE ACTIVITIES

               (a)

               Each Party shall ensure that the intellectual property rights of legal entities of one Party, participating in the research and development programmes operated by the other Party, and the related rights and obligations arising from such participation, shall be consistent with the relevant laws and regulations and international conventions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights, Annex 1C of the Marrakech Agreement Establishing the World Trade Organisation as well as the Paris Act of 24th July 1971 of the Berne Convention for the Protection of Literary and Artistic Works and the Stockholm Act of 14th July 1967 of the Paris Convention for the Protection of Industrial Property.

               (b)

               Each Party shall ensure that, under its applicable laws and regulations, the legal entities of one Party, participating in the research and development programmes operated by the other Party, shall have the same rights and obligations with regard to intellectual property as possessed by the legal entities of the other Party, in the same indirect cooperative activity.