title: Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               24.1.2012

               EN

               Official Journal of the European Union

               L 19/22

         COUNCIL DECISION 2012/35/CFSP
   of 23 January 2012
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 February 2007, the Council adopted Common Position 2007/140/CFSP concerning restrictive measures against Iran (1) which implemented United Nations Security Council Resolution (UNSCR) 1737 (2006).

               (2)

               On 23 April 2007, the Council adopted Common Position 2007/246/CFSP (2) which implemented UNSCR 1747 (2007).

               (3)

               On 7 August 2008, the Council adopted Common Position 2008/652/CFSP (3) which implemented UNSCR 1803 (2008).

               (4)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP (4) which implemented UNSCR 1929 (2010).

               (5)

               On 1 December 2011, the Council reiterated its serious and deepening concerns over the nature of Iran's nuclear programme, and in particular over the findings on Iranian activities relating to the development of military nuclear technology, as reflected in the latest International Atomic Energy Agency (IAEA) report. In the light of these concerns and in accordance with the European Council Declaration of 23 October 2011, the Council agreed to broaden existing sanctions by examining, in close coordination with international partners, additional measures including measures aimed at severely affecting the Iranian financial system, in the transport sector, in the energy sector, measures against the Iranian Revolutionary Guard Corps (IRGC), as well as in other areas.

               (6)

               On 9 December 2011, the European Council endorsed the Council conclusions of 1 December 2011 and invited the Council to proceed with its work relating to extending the scope of the Union's restrictive measures against Iran as a matter of priority.

               (7)

               In this context, it is appropriate to prohibit or control the supply, sale or transfer to Iran of additional items, materials, equipment, goods and technology, that could contribute to Iran's enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding, or to other weapons of mass destruction programmes. This prohibition should include dual-use goods and technology.

               (8)

               Recalling the potential connection between Iran's revenues derived from its energy sector and the funding of Iran's proliferation-sensitive nuclear activities and that chemical process equipment and materials required for the petrochemical industry have much in common with those required for certain sensitive nuclear fuel cycle activities, as underlined in UNSCR 1929 (2010), the sale, supply or transfer to Iran of further key equipment and technology which could be used in key sectors in the oil and natural gas industry or, in the petrochemical industry, should be prohibited. Moreover, Member States should prohibit any new investment in the petrochemical sector in Iran.

               (9)

               In addition, the purchase, import or transport from Iran of crude oil and petroleum products, as well as of petrochemical products, should be prohibited.

               (10)

               Moreover, the sale, purchase, transportation or brokering of gold, precious metals and diamonds to, from or for the Government of Iran should be prohibited.

               (11)

               In addition, the delivery of newly printed or minted or unissued Iranian denominated banknotes and coinage to or for the benefit of the Central Bank of Iran should be prohibited.

               (12)

               Furthermore, restrictive measures should be imposed against the Central Bank of Iran in view of its involvement in activities to circumvent sanctions imposed against Iran.

               (13)

               The restrictions on admission and the freezing of funds and economic resources should be applied to additional persons and entities providing support to the Government of Iran allowing it to pursue proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems, in particular persons and entities providing financial, logistical or material support to the Government of Iran.

               (14)

               The restrictions on admission and the freezing of funds applied to members of the IRGC should no longer be restricted to senior members but could apply to other members of the IRGC.

               (15)

               Moreover, additional persons and entities should be included in the list of persons and entities subject to restrictive measures as set out in Annex II to Decision 2010/413/CFSP.

               (16)

               Further action by the Union is needed in order to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2010/413/CFSP is hereby amended as follows:

               (1)

               in Article 1(1), point (e) is replaced by the following:

                           "(e)

                           other dual-use goods and technology listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (5) and not covered by point (a) except for certain items in category 5 - Part 1 and category 5 - Part 2 in Annex I to that Regulation.

               (2)

               the following Articles are inserted:
               "Article 3a
               1.   The import, purchase or transport of Iranian crude oil and petroleum products shall be prohibited.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, related to the import, purchase, or transport of Iranian crude oil and petroleum products.
               Article 3b
               1.   The import, purchase or transport of Iranian petrochemical products shall be prohibited.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance, related to the import, purchase, or transport of Iranian petrochemical products
               Article 3c
               1.   The prohibitions set out in Article 3a shall be without prejudice to the execution, until 1 July 2012, of contracts concluded before 23 January 2012 or ancillary contracts necessary for the execution of such contracts, to be concluded and executed not later than 1 July 2012.
               2.   The prohibitions set out in Article 3a shall be without prejudice to the execution of obligations provided for in contracts concluded before 23 January 2012 or in ancillary contracts necessary for the execution of such obligations where the supply of Iranian crude oil and petroleum products or the proceeds derived from their supply are for the reimbursement of outstanding amounts with respect to contracts concluded before 23 January 2012 to persons or entities within the territories of Member States or under their jurisdiction, where those contracts specifically provide for such reimbursements.
               Article 3d
               1.   The prohibitions set out in Article 3b shall be without prejudice to the execution, until 1 May 2012, of contracts concluded before 23 January 2012 or in ancillary contracts necessary for the execution of such contracts, to be concluded and executed not later than 1 May 2012.
               2.   The prohibitions set out in Article 3b shall be without prejudice to the execution of obligations provided for in contracts concluded before 23 January 2012 or in ancillary contracts necessary for the execution of such obligations where the supply of petrochemical products or the proceeds derived from the supply of these products are for the reimbursement of outstanding amounts with respect to contracts concluded before 23 January 2012 to persons or entities within the territories of Member States or under their jurisdiction, where those contracts specifically provide for such reimbursements.";

               (3)

               the following Articles are inserted:
               "Article 4a
               1.   The sale, supply or transfer of key equipment and technology for the petrochemical industry in Iran, or to Iranian or Iranian-owned enterprises engaged in that industry outside Iran, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited whether or not originating in their territories.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               2.   It shall be prohibited to provide the following to enterprises in Iran that are engaged in the Iranian petrochemical industry or to Iranian, or Iranian-owned enterprises engaged in that industry outside Iran:

                           (a)

                           technical assistance or training and other services related to key equipment and technology as determined according to paragraph 1;

                           (b)

                           financing or financial assistance for any sale, supply, transfer or export of key equipment and technology as determined according to paragraph 1 or for the provision of related technical assistance or training.

                     3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.
               Article 4b
               1.   The prohibition in Article 4(1) shall be without prejudice to the execution of an obligation relating to the delivery of goods provided for in contracts concluded before 26 July 2010.
               2.   The prohibitions in Article 4 shall be without prejudice to the execution of an obligation arising from contracts concluded before 26 July 2010 and relating to investments made in Iran before the same date by enterprises established in Member States.
               3.   The prohibition in Article 4a(1) shall be without prejudice to the execution of an obligation relating to the delivery of goods provided for in contracts concluded before 23 January 2012.
               4.   The prohibitions in Article 4a shall be without prejudice to the execution of an obligation arising from contracts concluded before 23 January 2012 and relating to investments made in Iran before the same date by enterprises established in Member States.
               Article 4c
               The direct or indirect sale, purchase, transportation or brokering of gold and precious metals, as well as of diamonds, to, from or for the Government of Iran, its public bodies, corporations and agencies, the Central Bank of Iran, as well as to, from or for persons and entities acting on their behalf or at their direction, or entities owned or controlled by them shall be prohibited.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               Article 4d
               The delivery of newly printed or minted or unissued Iranian denominated banknotes and coinage to or for the benefit of the Central Bank of Iran shall be prohibited.";

               (4)

               the following Article is inserted:
               "Article 6a
               The following shall be prohibited:

                           (a)

                           the granting of any financial loan or credit to enterprises in Iran that are engaged in the Iranian petrochemical industry or to Iranian or Iranian-owned enterprises engaged in that industry outside Iran;

                           (b)

                           the acquisition or extension of a participation in enterprises in Iran that are engaged in the Iranian petrochemical industry, or to Iranian or Iranian-owned enterprises engaged in that industry outside Iran, including the acquisition in full of such enterprises and the acquisition of shares and securities of a participating nature;

                           (c)

                           the creation of any joint venture with enterprises in Iran that are engaged in the Iranian petrochemical industry and with any subsidiary or affiliate under their control.";

               (5)

               Article 7 is replaced by the following:
               "Article 7
               1.   The prohibitions in Article 6(a) and (b) respectively:

                           (i)

                           shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 26 July 2010;

                           (ii)

                           shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 26 July 2010.

                     2.   The prohibitions in Article 6a(a) and (b) respectively:

                           (i)

                           shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 23 January 2012;

                           (ii)

                           shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 23 January 2012.";

               (6)

               Article 19(1) is amended as follows:

                           (a)

                           point (b) is replaced by the following:

                                       "(b)

                                       other persons not covered by Annex I that are engaged in, directly associated with, or providing support for Iran's proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology, or persons acting on their behalf or at their direction, or persons that have assisted designated persons or entities in evading or violating the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010) or this Decision as well as other members of the IRGC, as listed in Annex II.";

                           (b)

                           the following point is added:

                                       "(c)

                                       other persons not covered by Annex I that provide support to the Government of Iran, and persons associated with them, as listed in Annex II.";

               (7)

               Article 20 is amended as follows:

                           (a)

                           paragraph 1 is amended as follows:

                                       (i)

                                       point (b) is replaced by the following:

                                                   "(b)

                                                   persons and entities not covered by Annex I that are engaged in, directly associated with, or providing support for, Iran's proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means, or persons and entities that have assisted designated persons or entities in evading or violating the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010) or this Decision as well as other members and entities of IRGC and IRISL and entities owned or controlled by them or acting on their behalf, as listed in Annex II.";

                                       (ii)

                                       the following point is added:

                                                   "(c)

                                                   other persons and entities not covered by Annex I that provide support to the Government of Iran, and persons and entities associated with them, as listed in Annex II.";

                           (b)

                           the following paragraph is inserted:
                           "4a.   With regard to persons and entities listed in Annex II, exemptions may also be made for funds and economic resources which are to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.";

                           (c)

                           the following paragraphs are added:
                           "7.   Paragraphs 1 and 2 shall not apply to a transfer by or through the Central Bank of Iran of funds or economic resources received and frozen after the date of its designation or to a transfer of funds or economic resources to or through the Central Bank of Iran after the date of its designation where such transfer is related to a payment by a non-designated financial institution due in connection with a specific trade contract, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.
                           8.   Paragraph 1 shall not apply to a transfer by or through the Central Bank of Iran of frozen funds or economic resources where such transfer is for the purpose of providing financial institutions under the jurisdiction of Member States with liquidity for the financing of trade, provided that the transfer has been authorised by the relevant Member State.;
                           9.   Paragraph 2 shall be without prejudice to payments to the Central Bank of Iran in connection with the execution of contracts in conformity with Articles 3a, 3b, 3c or 3d.
                           10.   Paragraph 1 shall not prevent Bank Tejarat listed in Annex II, for a period of two months after the date of its designation, from making a payment from funds or economic resources received and frozen after the date of its designation or from receiving a payment after the date of its designation, where such payment is due in connection with a specific trade contract, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.
                           11.   Paragraphs 7, 8, 9 and 10 are without prejudice to paragraphs 3, 4, 4a, 5 and 6 of this Article and to Article 10(3).";

               (8)

               in Article 24, paragraph 2 is replaced by the following:
               "2.   Where the Council decides to subject a person or entity to the measures referred to in Articles 19(1)(b) and (c) and 20(1)(b) and (c), it shall amend Annex II accordingly.";

               (9)

               in Article 25, paragraph 2 is replaced by the following:
               "2.   Annexes I and II shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the Security Council or by the Committee in respect of Annex I. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known and function or profession. With regard to entities such information may include names, place and date of registration, registration number and place of business. Annexes I and II shall also include the date of designation.";

               (10)

               in Article 26, paragraphs 2 and 3 are replaced by the following:
               "2.   The measures concerning the prohibition on import, purchase or transport of Iranian crude oil and petroleum products in Article 3a shall be reviewed not later than 1 May 2012, in particular taking due account of the availability and the financial conditions for the supply of crude oil and petroleum products produced in countries other than Iran, with a view to ensuring the continuity of energy supply of Member States.
               3.   The measures referred to in Articles 19(1)(b) and (c) and 20(1)(b) and (c) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 24, that the conditions for their application are no longer met.".

         Article 2
   1.   The persons and entities listed in Annex I to this Decision shall be added to the list set out in Annex II to Decision 2010/413/CFSP.
   2.   The entity listed in Annex II to this Decision shall be removed from the list set out in Annex II to Decision 2010/413/CFSP.
   3.   The entries in Annex II to Decision 2010/413/CFSP shall be amended as set out in Annex III to this Decision.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 January 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 61, 28.2.2007, p. 49.

      (2)  OJ L 106, 24.4.2007, p. 67.

      (3)  OJ L 213, 8.8.2008, p. 58.

      (4)  OJ L 195, 27.7.2010, p. 39.

      (5)  OJ L 134, 29.5.2009, p. 1.";

      ANNEX I

         List of persons and entities referred to in Article 2(1)

      I.   Persons and entities involved in nuclear or ballistic missiles activities

      B.   Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Central Bank of Iran (a.k.a. Central Bank of the Islamic Republic of Iran)

                              Postal Address: Mirdamad Blvd., NO.144, Tehran, Islamic Republic of Iran

                              P.O. Box: 15875 / 7177

                              Switchboard: +98 21 299 51

                              Cable Address: MARKAZBANK

                              Telex: 216 219-22

                              MZBK IR SWIFT Address: BMJIIRTH

                              Web Site: http://www.cbi.ir

                              E-mail: G.SecDept@cbi.ir

                  Involvement in activities to circumvent sanctions

                  23.1.2012

                  2.

                  Bank Tejarat

                              Postal Address: Taleghani Br. 130, Taleghani Ave.

                              P.O.Box: 11365 - 5416, Tehran

                              Tel.: 88826690

                              Tlx.: 226641 TJTA IR.

                              Fax: 88893641

                              Website: http://www.tejaratbank.ir

                  Bank Tejarat is a State owned bank. It has directly facilitated Iran’s nuclear efforts. For example, in 2011, Bank Tejarat facilitated the movement of tens of millions of dollars in an effort to assist the UN designated Atomic Energy Organisation of Iran’s ongoing effort to acquire yellowcake uranium. The AEOI is the main Iranian organisation for research and development of nuclear technology, and manages fissile material production programs.
                  Bank Tejarat also has a history of assisting designated Iranian banks in circumventing international sanctions, for example acting in business involving UN designated Shahid Hemmat Industrial Group cover companies.
                  Through its financial services to EU designated Bank Mellat and Export Development Bank of Iran (EDBI) in the past few years, Bank Tejarat has also supported the activities of subsidiaries and subordinates of the Iran Revolutionary Guard Corps, UN designated Defense Industries Organisation and UN designated MODAFL.

                  23.1.2012

                  3.

                  Tidewater (a.k.a. Tidewater Middle East Co.)

                  Postal address: No. 80, Tidewater Building, Vozara Street, Next to Saie Park, Tehran, Iran

                  Owned or controlled by IRGC

                  23.1.2012

                  4.

                  Turbine Engineering Manufacturing (TEM) (a.k.a T.E.M. Co.)

                  Postal address: Shishesh Mina Street, Karaj Special Road, Tehran, Iran

                  Used as a front company by designated Iran Aircraft Industries (IACI) for covert procurement activities.

                  23.1.2012

                  5.

                  Sad Export Import Company (a.k.a. SAD Import & Export Company)

                  Postal address: Haftom Tir Square, South Mofte Avenue, Tour Line No; 3/1, Tehran, Iran
                  P.O. Box 1584864813 Tehran, Iran

                  Used as a front company by designated Defence Industries Organization (DIO). Involved in arms transfers to Syria. The company’s involvement was also noted in illicit arms transfer aboard M/V Monchegorsk.

                  23.1.2012

                  6.

                  Rosmachin

                  Postal address: Haftom Tir Square, South Mofte Avenue, Tour Line No; 3/1, Tehran, Iran
                  P.O. Box 1584864813 Tehran, Iran

                  Front company of Sad Export Import Company. Involved in illicit arms transfer aboard M/V Monchgorsk.

                  23.1.2012

            II.   Islamic Revolutionary Guard Corps (IRGC)

      A.   Persons

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Ali Ashraf NOURI

                  IRGC Deputy Commander, IRGC Political Bureau Chief

                  23.1.2012

                  2.

                  Hojatoleslam Ali SAIDI (a.k.a. Hojjat- al-Eslam Ali Saidi or Saeedi

                  Representative of the Supreme Leader to the IRGC

                  23.1.2012

                  3.

                  Amir Ali Haji ZADEH (a.k.a. Amir Ali Hajizadeh)

                  IRGC Air Force Commander, Brigadier General

                  23.1.2012

      B.   Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Behnam Sahriyari Trading Company

                  Postal address: Ziba Buidling, 10th Floor, Northern Sohrevardi Street, Tehran, Iran

                  Sent two containers of various types of firearms from Iran to Syria in May 2007 in violation of op. 5 of UNSCR 1747(2007)

                  23.1.2012

            III.   Islamic Republic of Iran Shipping Lines (IRISL)

      B.   Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  BIIS Maritime Limited

                  Postal address: 147/1 St. Lucia, Valletta, Malta

                  Owned or controlled by designated Irano Hind

                  23.1.2012

                  2.

                  Darya Delalan Sefid Khazar Shipping Company (Iran) (a.k.a. Khazar Sea Shipping Lines or Darya-ye Khazar Shipping Company or Khazar Shipping Co. or KSSL or Daryaye Khazar (Caspian Sea) Co. or Darya-e-khazar shipping Co.)

                  Postal address: M. Khomeini St., Ghazian, Bandar Anzil, Gilan, IranNo. 1, End of Shahid Mostafa Khomeini St., Tohid Square, Bandar Anzali, 1711-324, Iran

                  Owned or controlled by IRISL

                  23.1.2012

      ANNEX II

         Entity referred to in Article 2(2)

      Syracuse S.L

      ANNEX III

         Entries referred to in Article 2(3)

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Hanseatic Trade Trust & Shipping (HTTS) GmbH

                  Postal address: Schottweg 7, 22087 Hamburg, Germany; Opp 7th Alley, Zarafshan St, Eivanak St, Qods Township; HTTS GmbH

                  Controlled by and/or acting on behalf of IRISL. HTTS is registered under the same address as IRISL Europe GmbH in Hamburg, and its principal Dr. Naser Baseni was previously employed with IRISL.

                  23.1.2012

                  2.

                  Oasis Freight Agency

                  Postal address: Al Meena Street, Opposite Dubai Ports & Customs, 2nd Floor, Sharaf Building, Dubai UAE; Sharaf Building, 1st Floor, Al Mankhool St., Bur Dubai, P.O. Box 5562, Dubai, United Arab Emirates;Sharaf Building, No. 4, 2nd Floor, Al Meena Road, Opposite Customs, Dubai, United Arab Emirates, Kayed Ahli Building, Jamal Abdul Nasser Road (Parallel to Al Wahda St.), P.O. Box 4840, Sharjah, United Arab Emirates

                  Acted on behalf of IRISL in the UAE. Has been replaced by Good Luck Shipping Company which is also designated for acting on behalf of IRISL

                  23.1.2012


title: Council Decision (EU) 2016/1392 of 12 July 2016 on the signing, on behalf of the European Union, and provisional application, of the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC

text:
               19.8.2016

               EN

               Official Journal of the European Union

               L 225/1

         COUNCIL DECISION (EU) 2016/1392
   of 12 July 2016
   on the signing, on behalf of the European Union, and provisional application, of the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115, in conjunction with Article 218(5) and the second subparagraph of Article 218(8), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 14 May 2013 the Council authorised the Commission to open negotiations with the Principality of Monaco to amend the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC (1) (the ‘Agreement’), in order to align it with recent developments at global level, in which it was agreed to promote automatic exchange of information as an international standard.

               (2)

               The text of the Amending Protocol to the Agreement (the ‘Amending Protocol’) which is the result of the negotiations, duly reflects the negotiating directives issued by the Council, as it aligns the Agreement with the latest developments at international level concerning the automatic exchange of information, namely, with the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, the Member States and the Principality of Monaco have actively participated in the work of the Global Forum of the OECD to support the development and implementation of that Global Standard. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the Global Standard in the relations between the Union and the Principality of Monaco.

               (3)

               The Amending Protocol should be signed.

               (4)

               In view of orientations expressed by the Principality of Monaco in the framework of the Global Forum of the OECD, the Amending Protocol should be applied on a provisional basis from 1 January 2017, pending completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC is hereby authorised, subject to the conclusion of the said Amending Protocol.
   The text of the Amending Protocol is attached to this Decision.
   Article 2
   The President of the Council is authorised to designate the person(s) empowered to sign the Amending Protocol on behalf of the Union.
   Article 3
   Subject to reciprocity, the Amending Protocol shall be applied on a provisional basis from 1 January 2017, pending completion of the procedures for its conclusion.
   The President of the Council shall, on behalf of the Union, notify the Principality of Monaco of its intention to apply the Amending Protocol provisionally, subject to reciprocity, as from 1 January 2017.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 19, 21.1.2005, p. 55.


Avis juridique important

|

31996D0205

96/205/EC: Council Decision of 20 November 1995 concerning the provisional application of certain provisions of the Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part

Official Journal L 069 , 19/03/1996 P. 0001 - 0001

COUNCIL DECISION of 20 November 1995 concerning the provisional application of certain provisions of the Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part (1) (96/205/EC)THE COUNCIL OF THE EUROPEAN UNION.Having regard to the Treaty establishing the European Community,Having regard to the proposal from the Commission,Whereas the Community and the Southern Common Market (Mercosur) have undertaken to adopt procedures for the early application of certain provisions of the Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part, which deal with trade cooperation between the Parties and the institutional framework for such cooperation;Whereas the provisional application of the provisions in question will contribute to facilitating and promoting closer trade relations between the Community and Mercosur, pending the completion of the procedures required to bring the Agreement into force,HAS DECIDED AS FOLLOWS:Article 1The exchange of letters between the Community and Mercosur, which provides for the provisional application of certain provisions of the Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part, is hereby approved on behalf of the Community.The text of the exchange of letters is attached to this Decision.Article 2The Commission shall represent the Community within the bodies referred to in Articles 27 and 29 of the Agreement.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 20 November 1995.For the CouncilThe PresidentJ. SOLANA(1) The Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part, was signed, subject to conclusion, at Madrid from 15 to 31 December 1995.


Avis juridique important

|

41995D0400

95/400/ECSC: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 2 October 1995 amending Decision No 95/130/ECSC concerning the import of certain steel products into the Länder of Germany from the Russian Federation and Ukraine

Official Journal L 237 , 06/10/1995 P. 0006 - 0006

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN  THE COUNCIL of 2 October 1995 amending Decision No 95/130/ECSC concerning the import of certain  steel products into the Laender of Germany from the Russian Federation and Ukraine (95/400/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL  AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, In agreement with the Commission, HAVE DECIDED AS FOLLOWS: Article 1 In the first subparagraph of Article 1 of Decision No 95/130/ECSC   (1) the amount '430  000 tonnes` shall be replaced by '480  000 tonnes`. Article 2 This Decision shall enter into force on the day following its publication in the  Official Journal of the European Communities. Done at Luxembourg, 2 October 1995. The President J. SOLANA


title: 2013/398/EU: Decision of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 20 December 2012 on the signing, on behalf of the European Union, and provisional application of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Government of the State of Israel, of the other part

text:
               2.8.2013

               EN

               Official Journal of the European Union

               L 208/1

         DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
   of 20 December 2012
   on the signing, on behalf of the European Union, and provisional application of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Government of the State of Israel, of the other part
   (2013/398/EU)
   THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 100 (2), in conjunction with Article 218 (5) and the first paragraph of Article 218 (8) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the Union and of the Member States a Euro-Mediterranean Aviation Agreement between the European Union and its Member States of the one part and the Government of the State of Israel of the other part (hereinafter, the "Agreement") in accordance with the Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on 8 April 2008 authorising the Commission to open negotiations. The negotiations were successfully concluded by the initialling of the Agreement on 30 July 2012.

               (2)

               Since the Agreement contains elements of both Union and Member States' competence, in order to ensure close cooperation and unity in international relations, this Decision should be adopted jointly by the Council and the Member States. In addition, this Decision also aims to ensure a uniform application in respect of the Joint Committee set up under Article 22 of the Agreement.

               (3)

               The rules envisaged to ensure such close cooperation and unity should include clear guidance for representation "on the spot", inter alia by confirming the necessity of a joint and common approach. In the context of a mixed agreement, these rules should still fully respect the division of competences between the Union and its Member States, as well as Union procedures also as regards the establishment of the Union position and the representation of the Union within the Joint Committee.

               (4)

               The Agreement should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Signature
   The signing of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Government of the State of Israel, of the other part, is hereby authorised on behalf of the Union, subject to the conclusion of the Agreement. The text of the Agreement is attached to this Decision.
   Article 2
   Empowerment to sign
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   Provisional application
   Pending its entry into force, the Agreement shall be applied on a provisional basis by the Union and by its Member States, in accordance with their internal procedures and/or domestic legislation as applicable, from the date of signature of the Agreement (1).
   Article 4
   Joint Committee
   1.   The European Union and its Member States shall be represented in the Joint Committee established under Article 22 of the Agreement by representatives of the Commission and of the Member States, respectively.
   2.   The position to be taken by the Union and supported by its Member States within the Joint Committee with respect to matters of exclusive Union competence that do not require the adoption of a decision having legal effect shall be established by the Commission and shall be notified in advance to the Council and the Member States.
   3.   The position to be taken by the Union and its Member States within the Joint Committee with respect to matters other than those referred to in paragraph 2 that do not require the adoption of a decision having legal effects shall be established jointly by the Commission and the Member States.
   4.   For Joint Committee decisions having legal effect concerning matters that fall within the exclusive competence of the Union, the position to be taken by the Union and supported by its Member States shall be adopted by the Council, acting by qualified majority on a proposal from the Commission, unless the applicable voting procedures set down in the Treaty on European Union and the Treaty on the Functioning of the European Union provide otherwise.
   5.   For Joint Committee decisions having legal effect, other than those referred to in paragraph 4, the position to be taken by the Union and its Member States shall be adopted by the Council, acting by qualified majority, on a proposal by the Commission, unless the applicable voting procedures set down in the Treaty on European Union and the Treaty on the Functioning of the European Union provide otherwise, and by the Member States.
   Article 5
   Settlement of Disputes
   1.   The Commission shall represent the Union in dispute settlement proceedings under Article 23 of the Agreement.
   2.   The decision to suspend the application of benefits pursuant to Article 23(7) of the Agreement shall be taken by the Council, by qualified majority, on the basis of a Commission proposal.
   3.   Any other appropriate action to be taken under Article 23 of the Agreement on matters which fall within Union competence shall be decided upon by the Commission, in consultation with a Special Committee of representatives of the Member States appointed by the Council.
   Article 6
   Information to the Commission
   1.   Member States shall promptly inform the Commission of any decision to refuse, revoke, suspend or limit the authorisation of an airline of the State of Israel that they intend to adopt under Article 4 of the Agreement.
   2.   Member States shall promptly inform the Commission of any requests or notifications made or received by them under Article 13 of the Agreement.
   3.   Member States shall promptly inform the Commission of any requests or notifications made or received by them under Article 14 of the Agreement.
   Article 7
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 20 December 2012.

            For the Council

            The President

         E. FLOURENTZOU

      (1)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2009/72/EC: Commission Decision of 15 December 2008 setting up a Payment Systems Market Expert Group

text:
               28.1.2009

               EN

               Official Journal of the European Union

               L 24/15

      COMMISSION DECISION

   of 15 December 2008
   setting up a Payment Systems Market Expert Group
   (2009/72/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               One of the main objectives of the Community is to ensure the proper functioning of the internal market, of which payment services are an essential part. In a context of rapid innovation and technological progress, it is important for the internal market to have sound, user-friendly, efficient and secure payment systems, for the benefit of service providers and users alike.

               (2)

               In accordance with the better regulation principles, the Commission attaches great importance to properly consulting the different stakeholders, in particular payment service providers and users in developing the policy regarding payment systems. For this purpose, the Commission may need to call upon the expertise of specialists in an advisory body.

               (3)

               It is therefore necessary to set up a group of experts in the field of payment systems and to define its tasks and its structure.

               (4)

               As stated in its White Paper on Financial Services Policy 2005-2010, the Commission attaches a high importance to having a proportionate user representation. Therefore, the Group should help the Commission to benefit from the most adequate representation of interested parties.

               (5)

               The Group should be composed of individuals with the requisite expertise in the area of payment systems. It should, however, be limited to representatives of private stakeholders, since public authorities and central banks have their own consultative group in the field of payment systems.

               (6)

               The Group should assist the Commission in the preparation and in the implementation of the policy regarding payment systems.

               (7)

               Rules on disclosure of information by members of the new group should be provided for, without prejudice to the rules on security annexed to the Commission’s Rules of Procedure by Commission Decision 2001/844/EC, ECSC, Euratom (1).

               (8)

               Personal data relating to members of the Group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Payment Systems Market Expert Group
   A Payment Systems Market Expert Group (hereinafter referred to as the Group) is hereby set up.
   Article 2
   Task
   The task of the Group shall be:

               (a)

               to assist the Commission in the preparation of legislative acts or policy initiatives regarding payment systems, including fraud prevention issues related to payment industry and users;

               (b)

               to provide insight concerning the practical implementation of that policy;

               (c)

               to exchange views on up-to-date best practices and ensure a monitoring of potential issues of concerns for the market.

         Article 3
   Consultation
   The Commission may consult the group on any matter regarding payment systems, including fraud prevention issues related to payment industry and users.
   Article 4
   Membership — Appointment
   1.   The Group shall be composed of a maximum of 50 members.
   2.   The Commission shall appoint members of the Group from experts in the area referred to in Article 2 following a call for expression of interest from any of the following:

               (a)

               representatives of the payment industry, including companies and associations;

               (b)

               representatives of payment users, including companies and associations;

               (c)

               representatives from private bodies closely involved in the prevention of payment fraud;

               (d)

               individuals with an academic background or recognised expertise in the area referred to in Article 2.

         3.   The members referred to in paragraph 2 shall express their interest in participating in the Group in writing.
   4.   The Commission shall assess the eligibility of individual experts against the following criteria:

               (a)

               relevant demonstrable knowledge and expertise in the area covered by the mandate of the Group;

               (b)

               recent practical expertise or experience;

               (c)

               proficiency in a language which is customary in the sphere of finance, to a level which allows the expert to participate in discussions and draft reports in that language.

         Expressions of interest received shall include documentation demonstrating that the proposed expert meets the conditions set out in this paragraph.
   5.   The Commission shall appoint members taking into account the need to represent the interests of all stakeholders. In addition, the Commission shall ensure a proportionate user representation, a broad geographical representation and a balanced gender composition from among the proposals received.
   6.   Proposed experts who have been deemed suitable but have not been appointed may be placed on a reserve list, which the Commission may use to appoint replacements.
   7.   The following provisions shall apply:

               (a)

               members proposed by the payment industry, by payment users or by the private bodies involved in the prevention of payment fraud shall be appointed as interested parties;

               (b)

               members with an academic background or recognised expertise shall be appointed in a personal capacity;

               (c)

               the mandate of the members of the Group shall start with the first meeting of the Group; members shall remain in office until they are replaced or until the end of their mandate;

               (d)

               members who are no longer able to contribute effectively to the Group’s deliberations, who resign or who do not meet the conditions set out in this Article or in Article 287 of the Treaty may be replaced for the remainder of their term in office;

               (e)

               members appointed in a personal capacity shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity;

               (f)

               the names of the members shall be published in the Register of Expert Groups of the European Commission and on the Internet site of DG Internal Market and Services; the names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

         Article 5
   Operation
   1.   The Group shall be chaired by a representative of the Commission.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the Group; such sub-groups shall be disbanded as soon as they have completed their assignments.
   3.   The representative of the Commission may invite experts and observers with specific knowledge to participate in the work of the Group and of the sub-groups.
   4.   Information obtained by participating in the Group’s or sub-group’s deliberations may not be divulged where the Commission says that this relates to confidential matters.
   5.   The Group and its sub-groups shall usually meet at the Commission premises, in the form and according to the timetable determined by the Commission. The Secretariat of the Group shall be provided by the Commission. Commission officials with an interest in the area may attend meetings of the Group and its sub-groups.
   6.   The Group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   7.   The Commission may publish on the Internet, in the original language of the document concerned, any summary, conclusion or partial conclusion or working document of the Group.
   Article 6
   Meeting expenses
   1.   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers, in connection with the Commission’s rules on the compensation of external experts.
   2.   The members, experts and observers, shall not be remunerated for their services.
   3.   Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the Group by the responsible Commission services.

      Done at Brussels, 15 December 2008.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  OJ L 317, 3.12.2001, p. 1.

      (2)  OJ L 8, 12.1.2001, p. 1.


Important legal notice

|

Council Decision 2012/768/CFSP of 9 March 2012 on the signing and conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia establishing a framework for the participation of the former Yugoslav Republic of Macedonia in European Union crisis management operations - Agreement between the European Union and the former Yugoslav Republic of Macedonia establishing a framework for the participation of the former Yugoslav Republic of Macedonia in European Union crisis management operations

Official Journal L 338 , 12/12/2012 P. 0001 - 0010

		Council Decision 2012/768/CFSPof 9 March 2012on the signing and conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia establishing a framework for the participation of the former Yugoslav Republic of Macedonia in European Union crisis management operationsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 37 thereof,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(5) and (6) thereof,Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy ("the HR"),Whereas:(1) Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.(2) Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated an agreement between the European Union and the former Yugoslav Republic of Macedonia establishing a framework for the participation of the former Yugoslav Republic of Macedonia in European Union crisis management operations ("the Agreement").(3) The Agreement should be approved,HAS ADOPTED THIS DECISION:Article 1The Agreement between the European Union and the former Yugoslav Republic of Macedonia establishing a framework for the participation of the former Yugoslav Republic of Macedonia in the European Union crisis management operations ("the Agreement") is hereby approved on behalf of the Union.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.Article 3The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement.Article 4This Decision shall enter into force on the date of its adoption.Done at Brussels, 9 March 2012.For the CouncilThe PresidentI. Auken--------------------------------------------------+++++ TIFF +++++COUNCIL OF THE EUROPEAN UNIONBrussels, 29 October 2012H.E. Mr. Nikola POPOSKI,Minister of Foreign Affairsof the former Yugoslav Republic of Macedonia.Sir,I have the honour to propose that, if it is acceptable to your Government, this letter and your confirmation shall together take the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia establishing a framework for the participation of the former Yugoslav Republic of Macedonia in European Union crisis management operations.The text of the aforementioned Agreement, herewith annexed, has been approved for signature and conclusion, on behalf of the European Union, by a decision of the Council of the European Union on 9 March 2012 and is, consequently, binding on the Union. Pending its entry into force, this Agreement, in accordance with its Article 16.2, shall be provisionally applied from today’s date.Please accept, Sir, the assurance of my highest consideration.For the European Union+++++ TIFF +++++Pierre VimontExecutive Secretary GeneralEuropean External Action ServiceEncl.175 Rue de la Loi,1048 Brussels, Belgium--------------------------------------------------Agreementbetween the European Union and the former Yugoslav Republic of Macedonia establishing a framework for the participation of the former Yugoslav Republic of Macedonia in European Union crisis management operationsTHE EUROPEAN UNION,of the one part, andTHE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,of the other part,hereinafter referred to as the "Parties",WHEREAS:(1) The European Union may decide to take action in the field of crisis management.(2) The European Union will decide whether third States will be invited to participate in an EU crisis management operation. The former Yugoslav Republic of Macedonia may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of that proposed contribution.(3) Conditions regarding the participation of the former Yugoslav Republic of Macedonia in EU crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.(4) Such an agreement should be without prejudice to the decision-making autonomy of the European Union, and should not prejudge the case-by-case nature of the decision to participate in an EU crisis management operation.(5) Such an agreement should only address future EU crisis management operations and should be without prejudice to any existing agreements regulating the participation of the former Yugoslav Republic of Macedonia in an EU crisis management operation that has already been deployed,HAVE AGREED AS FOLLOWS:SECTION IGENERAL PROVISIONSArticle 1Decisions relating to the participation1. Following the decision of the European Union to invite the former Yugoslav Republic of Macedonia to participate in an EU crisis management operation, and once the latter State has decided to participate, such State shall provide information on its proposed contribution to the European Union.2. The assessment by the European Union of the proposed contribution shall be conducted in consultation with the former Yugoslav Republic of Macedonia.3. The European Union shall provide the former Yugoslav Republic of Macedonia with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting the former Yugoslav Republic of Macedonia in the formulation of its offer.4. The European Union shall communicate the outcome of that assessment to the former Yugoslav Republic of Macedonia by letter with a view to securing its participation in accordance with the provisions of this Agreement.Article 2Framework1. The former Yugoslav Republic of Macedonia shall associate itself with the Council Decision by which the Council of the European Union decides that the European Union will conduct the crisis management operation, and with any other decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.2. The contribution of the former Yugoslav Republic of Macedonia to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the EU.Article 3Status of personnel and forces1. The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by the former Yugoslav Republic of Macedonia shall be governed by the agreement on the status of forces/mission, if concluded, between the European Union and the State(s) in which the operation is conducted.2. The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and the former Yugoslav Republic of Macedonia.3. Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the former Yugoslav Republic of Macedonia shall exercise jurisdiction over its personnel participating in the EU crisis management operation. In cases where the forces of the former Yugoslav Republic of Macedonia operate on board a vessel or aircraft of an European Union Member State, the latter State shall exercise jurisdiction in accordance with its internal laws and procedures.4. The former Yugoslav Republic of Macedonia shall be responsible for answering any claims linked to the participation in an EU crisis management operation, from or concerning any of its personnel and shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.5. The Parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss of, or destruction of assets owned/operated by either Party, or injury or death to personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.6. The former Yugoslav Republic of Macedonia undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which the former Yugoslav Republic of Macedonia participates, and to do so when signing this Agreement.7. The European Union undertakes to ensure that European Union Member States make a declaration as regards the waiver of claims, for any future participation of the former Yugoslav Republic of Macedonia in an EU crisis management operation, and to do so when signing this Agreement.Article 4Classified informationThe Agreement between the government of the former Yugoslav Republic of Macedonia and the European Union on the security procedures for the exchange of classified information, done at Skopje on 25 March 2005, shall apply in the context of EU crisis management operations.SECTION IIPROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONSArticle 5Personnel seconded to an EU civilian crisis management operation1. The former Yugoslav Republic of Macedonia:(a) shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with:- the Council Decision and subsequent amendments as referred to in Article 2(1),- the Operation Plan,- implementing measures.(b) shall inform in due time the Head of Mission of the EU civilian crisis management operation (the "Head of Mission") and the High Representative of the Union for Foreign Affairs and Security Policy (the "HR") of any change to its contribution to the EU civilian crisis management operation.2. Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the former Yugoslav Republic of Macedonia. Personnel seconded to the EU civilian crisis management operation shall produce a copy of that certification.Article 6Chain of command1. Personnel seconded by the participating State shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.2. All personnel shall remain under the full command of their national authorities.3. National authorities shall transfer operational control to the European Union.4. The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.5. The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.6. The former Yugoslav Republic of Macedonia shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).7. The Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.8. A national contingent point of contact (NPC) shall be appointed by the former Yugoslav Republic of Macedonia to represent its national contingent in the operation. The NPC shall report to the Head of Mission on national matters and shall be responsible for day-to-day discipline of the contingent.9. The decision to end the operation shall be taken by the European Union, following consultation with the former Yugoslav Republic of Macedonia if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.Article 7Financial aspects1. Without prejudice to Article 8, the participating State shall assume all the costs associated with its participation in the operation apart from the running costs, as set out in the operational budget of the operation.2. In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the former Yugoslav Republic of Macedonia shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable status of mission agreement referred to in Article 3(1).Article 8Contribution to operational budget1. The former Yugoslav Republic of Macedonia shall contribute to the financing of the operational budget of the EU civilian crisis management operation.2. Such contribution to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:(a) the share of the reference amount which is in proportion to the ratio of the former Yugoslav Republic of Macedonia’s GNI to the total GNIs of all States contributing to the operational budget of the operation; or(b) the share of the reference amount for the operational budget which is in proportion to the ratio of the number of personnel from the former Yugoslav Republic of Macedonia participating in the operation to the total number of personnel of all States participating in the operation.3. Notwithstanding paragraphs 1 and 2, the participating State shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.4. Notwithstanding paragraph 1, the European Union shall, in principle, exempt the participating State from financial contributions to a particular EU civilian crisis management operation when:(a) the European Union decides that the former Yugoslav Republic of Macedonia provides a significant contribution which is essential for this operation; or(b) the former Yugoslav Republic of Macedonia has a GNI per capita which does not exceed that of any Member State of the European Union.5. An arrangement on the payment of the contributions of the former Yugoslav Republic of Macedonia to the operational budget of the EU civilian crisis management operation shall be signed between the Head of Mission and the relevant administrative services of the former Yugoslav Republic of Macedonia. That arrangement shall, inter alia, include the following provisions:(a) the amount concerned;(b) the arrangements for payment of the financial contribution;(c) the auditing procedure.SECTION IIIPROVISIONS ON PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONSArticle 9Participation in the EU military crisis management operation1. The former Yugoslav Republic of Macedonia shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in accordance with:(a) the Council Decision and subsequent amendments as referred to in Article 2(1);(b) the Operation Plan;(c) implementing measures.2. Personnel seconded by the participating States shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.3. The former Yugoslav Republic of Macedonia shall inform the EU Operation Commander in due time of any change to its participation in the operation.Article 10Chain of command1. All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.2. National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.3. The former Yugoslav Republic of Macedonia shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.4. The EU Operation Commander may, following consultations with the former Yugoslav Republic of Macedonia, at any time request the withdrawal of the participating State’s contribution.5. A senior military representative (SMR) shall be appointed by the former Yugoslav Republic of Macedonia to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of the former Yugoslav Republic of Macedonia contingent.Article 11Financial aspects1. Without prejudice to Article 12 of this Agreement, the participating State shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1), as well as in Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) [1].2. In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the former Yugoslav Republic of Macedonia shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable status of forces agreement referred to in Article 3(1).Article 12Contribution to the common costs1. The former Yugoslav Republic of Macedonia shall contribute to the financing of the common costs of the EU military crisis management operation.2. Such contribution to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:(a) the share of the common costs which is in proportion to the ratio of the former Yugoslav Republic of Macedonia’s GNI to the total GNIs of all States contributing to the common costs of the operation; or(b) the share of the common costs which is in proportion to the ratio of the number of personnel from the former Yugoslav Republic of Macedonia participating in the operation to the total number of personnel of all States participating in the operation.Where the formula under point (b) of the first subparagraph is used and the former Yugoslav Republic of Macedonia contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by the participating State to that of the total personnel of the operation.3. Notwithstanding paragraph 1 above, the European Union shall, in principle, exempt the participating State from financial contributions to the common costs of a particular EU military crisis management operation when:(a) the European Union decides that the former Yugoslav Republic of Macedonia provides a significant contribution to assets and/or capabilities which are essential for the operation; or(b) the former Yugoslav Republic of Macedonia has a GNI per capita which does not exceed that of any Member State of the European Union.4. An arrangement shall be concluded between the Administrator provided for in Council Decision 2011/871/CFSP and the competent administrative authorities of the former Yugoslav Republic of Macedonia. This arrangement shall include, inter alia, provisions on:(a) the amount concerned;(b) the arrangements for payment of the financial contribution;(c) the auditing procedure.SECTION IVFINAL PROVISIONSArticle 13Arrangements to implement the AgreementWithout prejudice to the provisions of Articles 8(5) and 12(4) any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the HR and the appropriate authorities of the former Yugoslav Republic of Macedonia.Article 14Non-complianceShould one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by sending written notice of one month.Article 15Dispute settlementDisputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.Article 16Entry into force1. This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal legal procedures necessary for its entry into force.2. This Agreement shall be provisionally applied from the date of signature.3. This Agreement shall be subject to regular review.4. This Agreement may be amended on the basis of a mutual written agreement between the Parties.5. This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.Done at Brussels, on the twenty-ninth day of October in the year two thousand and twelve in the English language in two copies.[1] OJ L 343, 23.12.2011, p. 35.--------------------------------------------------+++++ TIFF +++++РЕПУБЛИКА МАКЕДОНИЈАМИНИСТЕРСТВО ЗА НАДВОРЕШНИ РАБОТИREPUBLIC PF MACEDONIAMINISTRY OF FOREIGN AFFAIRSМинистер/ MinisterBrussels, 29 October 2012Sir,On behalf of the Government of the Republic of Macedonia I have the honour to acknowledge receipt of your letter dated 29 of October 2012 regarding the signature of the Agreement between the Republic of Macedonia and the European Union establishing a framework for the participation of the Republic of Macedonia in European Union crisis management operations.I hereby confirm that the Government of the Republic of Macedonia agrees with the provisions of the aforementioned Agreement, and considers the said Agreement as being signed with your letter and this letter of confirmation.However, I declare that the Republic of Macedonia does not accept the denomination used for my country in the text of the above-mentioned Agreement having in view that the constitutional name of my country is the Republic of Macedonia.Please accept, Sir, the assurances of my highest consideration.Nikola Poposki+++++ TIFF +++++ToMr. Pierre VimontExecutive Secretary GeneralEuropean External Action ServiceCOUNCIL OF THE EUROPEAN UNION--------------------------------------------------+++++ TIFF +++++COUNCIL OF THE EUROPEAN UNIONBrussels, 29 October 2012H.E. Mr. Nikola POPOSKI,Minister of Foreign Affairsof the former Yugoslav Republic of Macedonia.Sir,I have the honour to acknowledge receipt of your letter of today's date.The European Union notes that the Exchange of Letters between the European Union and the former Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia establishing a framework for the participation of the former Yugoslav Republic of Macedonia in European Union crisis management operations, has been accomplished and that this cannot be interpreted as acceptance or recognition by the European Union in whatever form or content of a denomination other than the "former Yugoslav Republic of Macedonia".Please accept, Sir, the assurance of my highest consideration.For the European Union+++++ TIFF +++++Pierre VimontExecutive Secretary GeneralEuropean External Action Service175 Rue de la Loi,1048 Brussels, Belgium--------------------------------------------------DECLARATIONSDeclaration by the EU Member States"The EU Member States applying an EU Council Decision on an EU crisis management operation in which the former Yugoslav Republic of Macedonia participates will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against the former Yugoslav Republic of Macedonia for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:- was caused by personnel from the former Yugoslav Republic of Macedonia in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct,- or arose from the use of any assets owned by the former Yugoslav Republic of Macedonia, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the former Yugoslav Republic of Macedonia using those assets."Declaration by the former Yugoslav Republic of Macedonia"The former Yugoslav Republic of Macedonia applying an EU Council Decision on an EU crisis management operation will endeavour, in so far as its internal legal system so permit, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:- was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or- arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets."--------------------------------------------------