title: 2007/820/EC: Council Decision of 8 November 2007 on the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on the readmission of persons residing without authorisation

text:
               19.12.2007

               EN

               Official Journal of the European Union

               L 334/65

         COUNCIL DECISION
   of 8 November 2007
   on the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on the readmission of persons residing without authorisation
   (2007/820/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular point 3(b) of Article 63 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 Commission has negotiated on behalf of the European Community an Agreement with Bosnia and Herzegovina on the readmission of persons residing without authorisation.

               (2)

               The Agreement was signed, on behalf of the European Community, on 18 September 2007 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 18 September 2007.

               (3)

               The Agreement should be approved.

               (4)

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

               (5)

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

               (6)

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

               (7)

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

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

      Done at Brussels, 8 November 2007.

            For the Council

            The President

         R. PEREIRA

      (1)  Opinion delivered on 24 October 2007 (not yet published in the Official Journal).

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

               (a)

               ‘Contracting Parties’ shall mean Bosnia and Herzegovina and the Community;

               (b)

               ‘National of Bosnia and Herzegovina’ shall mean any person who holds the nationality of Bosnia and Herzegovina in accordance with its national legislation;

               (c)

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

               (d)

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

               (e)

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

               (f)

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

               (g)

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

               (h)

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

               (i)

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

               (j)

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

               (k)

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

               (l)

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

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

               —

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

               —

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

         3.   Bosnia and Herzegovina shall also readmit persons who have been deprived of, or who have renounced, the nationality of Bosnia and Herzegovina since entering the territory of a Member State, unless such persons have at least been promised naturalisation by that Member State.
   4.   After Bosnia and Herzegovina has given a positive reply to the readmission application, the competent Diplomatic Mission or Consular Office of Bosnia and Herzegovina shall immediately and not later than within three working days, issue the travel document required for the return of the person to be readmitted, with a validity of 20 days. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent Diplomatic Mission or Consular Office of Bosnia and Herzegovina shall, within 14 calendar days, issue a new travel document with a period of validity of the same duration. If Bosnia and Herzegovina has not, within 14 calendar days, issued the new travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes (1).
   5.   In case the person to be readmitted possesses the nationality of a third state in addition to Bosnian and Herzegovinian nationality, the Requesting Member State shall take into consideration the will of the person to be readmitted to the state of his/her choice.
   Article 3
   Readmission of third-country nationals and stateless persons
   1.   Bosnia and Herzegovina shall readmit, upon application by a Member State and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Requesting Member State provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons

               (a)

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

               (b)

               illegally and directly entered the territory of the Member States after having stayed on, or transited through, the territory of Bosnia and Herzegovina.

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

               (a)

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

               (b)

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

                           —

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

                           —

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

                           —

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

         3.   Bosnia and Herzegovina shall also readmit, upon application by a Member State, former nationals of the Socialist Federal Republic of Yugoslavia who have acquired no other nationality and whose place of birth, and place of permanent residence on 6 April 1992, was in the territory of Bosnia and Herzegovina.
   4.   After Bosnia and Herzegovina has given a positive reply to the readmission application, the Requesting Member State issues the person whose readmission has been accepted the EU standard travel document for expulsion purposes (1).
   SECTION II.
   READMISSION OBLIGATIONS BY THE COMMUNITY
   Article 4
   Readmission of own nationals
   1.   A Member State shall readmit, upon application by Bosnia and Herzegovina and without further formalities other than those provided for in this agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Bosnia and Herzegovina provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of that Member State.
   2.   A Member State shall also readmit:

               —

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

               —

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

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

               (a)

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

               (b)

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

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

               (a)

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

               (b)

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

                           —

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

                           —

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

                           —

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

         3.   The readmission obligation in paragraph 1 is for the Member State that issued a visa or residence permit. If two or more Member States issued a visa or residence permit, the readmission obligation in paragraph 1 is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date. If no such documents can be presented, the readmission obligation in paragraph 1 is for the Member State of last exit.
   4.   After the Member State has given a positive reply to the readmission application, Bosnia and Herzegovina issues the person whose readmission has been accepted the travel document required for his or her return.
   SECTION III
   READMISSION PROCEDURE
   Article 6
   Principles
   1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 to 5 shall require the submission of a readmission application to the competent authority of the Requested State.
   2.   No readmission application shall be needed where the person to be readmitted is in possession of a valid travel document or identity card and, where applicable, a valid visa or residence permit of the Requested State.
   Article 7
   Readmission application
   1.   To the extent possible, the readmission application is to contain the following information:

               (a)

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

               (b)

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

               (c)

               photograph of the person to be readmitted.

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

               (a)

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

               (b)

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

         3.   A common form to be used for readmission applications is attached as Annex 6 to this Agreement.
   Article 8
   Means of evidence regarding nationality
   1.   Proof of nationality pursuant to Article 2(1) and Article 4(1) can be particularly furnished through the documents listed in Annex 1 to this Agreement, even if their period of validity has expired. If such documents are presented, the Member States and Bosnia and Herzegovina shall mutually recognise the nationality without further investigation being required. Proof of nationality cannot be furnished through false documents.
   2.   Prima facie evidence of nationality pursuant to Article 2(1) and Article 4(1) can be particularly furnished through the documents listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, the Member States and Bosnia and Herzegovina shall deem the nationality to be established, unless they can prove otherwise. Prima facie evidence of nationality cannot be furnished through false documents.
   3.   If none of the documents listed in Annexes 1 or 2 can be presented, the competent diplomatic and consular representations of the Requested State concerned shall, upon request, make arrangements to interview the person to be readmitted without undue delay, at the latest within three working days from the requesting day, in order to establish his or her nationality.
   Article 9
   Means of evidence regarding third-country nationals and stateless persons
   1.   Proof of the conditions for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5(1) shall be particularly furnished through the means of evidence listed in Annex 3 to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by the Member States and Bosnia and Herzegovina without any further investigation being required.
   2.   Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5(1) shall be particularly furnished through the means of evidence listed in Annex 4 to this Agreement; it cannot be furnished through false documents. Where such prima facie evidence is presented, the Member States and Bosnia and Herzegovina shall deem the conditions to be established, unless they can prove otherwise.
   3.   The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence permit for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence permit shall likewise provide prima facie evidence of the unlawful entry, presence or residence.
   4.   Proof of the conditions for the readmission of former nationals of the Socialist Federal Republic of Yugoslavia laid down in Article 3(3) shall be particularly furnished through the means of evidence listed in Annex 5a to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by Bosnia and Herzegovina without any further investigation being required.
   5.   Prima facie evidence of the conditions for the readmission of former nationals of the Socialist Federal Republic of Yugoslavia laid down in Article 3(3) shall be particularly furnished through the means of evidence listed in Annex 5b to this Agreement; it cannot be furnished through false documents. Where such prima facie evidence is presented, Bosnia and Herzegovina shall deem the conditions to be established, unless they can prove otherwise.
   6.   If none of the documents listed in Annex 5a and Annex 5b can be presented, the competent diplomatic and consular representations of Bosnia and Herzegovina shall, upon request, make arrangements to interview the person to be readmitted without undue delay or at the latest within three working days from the requesting day, in order to establish his or her nationality.
   Article 10
   Time limits
   1.   The application for readmission must be submitted to the competent authority of the Requested State within a maximum of one year after the Requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not, or does no longer, fulfil the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request by the Requesting State, be extended but only until the obstacles have ceased to exist.
   2.   A readmission application must be replied to in writing within 10 calendar days in all cases. This time limit begins to run with the date of receipt of the readmission request. If there was no reply within this time limit, the transfer shall be deemed to have been agreed to.
   3.   Where there are legal or factual obstacles to the application being replied to within 10 calendar days, this time limit may, upon duly motivated request, be extended up to a maximum of six calendar days. If there was no reply within the extended time limit, the transfer shall be deemed to have been approved.
   4.   Reasons shall be given for the refusal of a readmission request.
   5.   After agreement has been given or, where appropriate, after expiry of the time limit laid down in paragraph 2, the person concerned shall be transferred within three months. On request of the Requesting State, this time limit may be extended by the time taken to deal with legal or practical obstacles.
   Article 11
   Transfer modalities and modes of transportation
   1.   Before returning a person, the competent authorities of Bosnia and Herzegovina and the Member State concerned shall make arrangements in writing in advance regarding the transfer date, the point of entry, possible escorts and other information relevant to the transfer.
   2.   Transportation may take place by air, sea or land. Return by air shall not be restricted to the use of the national carriers of Bosnia and Herzegovina or the Member States and may take place by using scheduled or charter flights. In the event of escorted returns, such escorts shall not be restricted to authorised persons of the Requesting State, provided that they are authorised persons from Bosnia and Herzegovina or any Member State.
   Article 12
   Readmission in error
   The Requesting State shall take back any person readmitted by the Requested State if it is established, within a period of three months after the transfer of the person concerned, that the requirements laid down in Articles 2 to 5 of this Agreement are not met.
   In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and the Requested State shall also communicate all available information relating to the actual identity and nationality of the person to be taken back.
   SECTION IV
   TRANSIT OPERATIONS
   Article 13
   Principles
   1.   The Member States and Bosnia and Herzegovina should restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the State of destination directly.
   2.   Bosnia and Herzegovina shall allow the transit of third-country nationals or stateless persons if a Member State so requests, and a Member State shall authorise the transit of third-country nationals or stateless persons if Bosnia and Herzegovina so requests, if the onward journey in possible other States of transit and the readmission by the State of destination is assured.
   3.   Transit can be refused by Bosnia and Herzegovina or a Member State:

               (a)

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

               (b)

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

               (c)

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

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

               (a)

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

               (b)

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

               (c)

               envisaged point of entry, time of transfer and possible use of escorts;

               (d)

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

         A common form to be used for transit applications is attached as Annex 7 to this Agreement.
   2.   The Requested State shall, within five calendar days and in writing, inform the Requesting State of the admission, confirming the point of entry and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal.
   3.   If the transit operation takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.
   4.   The competent authorities of the Requested State shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.
   SECTION V
   COSTS
   Article 15
   Transport and transit costs
   Without prejudice to the right of the competent authorities to recover the costs associated with the readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the Requesting State.
   SECTION VI
   DATA PROTECTION AND NON-AFFECTION CLAUSE
   Article 16
   Data protection
   The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of Bosnia and Herzegovina or a Member State as the case may be. The processing and treatment of personal data in a particular case shall be subject to the domestic laws of Bosnia and Herzegovina and, where the controller is a competent authority of a Member State, to the provisions of Directive 95/46/EC (2) and of the national legislation of that Member State adopted pursuant to this Directive. Additionally the following principles shall apply:

               (a)

               personal data must be processed fairly and lawfully;

               (b)

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

               (c)

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

                           —

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

                           —

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

                           —

                           stop-overs and itineraries,

                           —

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

               (d)

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

               (e)

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

               (f)

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

               (g)

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

               (h)

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

               (i)

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

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

               —

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

               —

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

               —

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

               —

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

               —

               international conventions on extradition and transit,

               —

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

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

               (a)

               to monitor the application of this Agreement;

               (b)

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

               (c)

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

               (d)

               to recommend amendments to this Agreement and its Annexes.

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

               (a)

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

               (b)

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

               (c)

               means and documents additional to those listed in the Annexes 1 to 5 to this agreement.

         2.   The implementing Protocols referred to in paragraph 1 shall enter into force only after the readmission committee, referred to in Article 18, has been notified.
   3.   Bosnia and Herzegovina agrees to apply any provision of an implementing Protocol drawn up with one Member State also in its relations with any other Member State upon request of the latter.
   Article 20
   Relation to bilateral readmission agreements or arrangements of Member States
   The provisions of this Agreement shall take precedence over the provisions of any bilateral agreement or arrangement on the readmission of persons residing without authorisation which have been, or may under Article 19, be concluded between individual Member States and Bosnia and Herzegovina, in so far as the provisions of the latter are incompatible with those of this Agreement.
   SECTION VIII
   FINAL PROVISIONS
   Article 21
   Territorial application
   1.   Subject to paragraph 2, this Agreement shall apply to the territory in which the Treaty establishing the European Community is applicable and to the territory of Bosnia and Herzegovina.
   2.   This Agreement shall not apply to the territory of the Kingdom of Denmark.
   Article 22
   Entry into force, duration and termination
   1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective procedures.
   2.   This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed.
   3.   This Agreement is concluded for an unlimited period.
   4.   Each Contracting Party may, by officially notifying the other Contracting Party and after prior consultation of the committee referred to in Article 18, completely or partly, temporarily suspend the implementation of this Agreement with regard to third country nationals and stateless persons, for reasons of security, protection of public order or public health. The suspension shall enter into force on the second day following the day of such notification.
   5.   Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to apply six months after the date of such notification.
   Article 23
   Annexes
   Annexes 1 to 7 shall form an integral part of this Agreement.

      Done at Brussels on the eighteenth day of September in the year two thousand and seven in duplicate in each of the official languages of the Parties, each of these texts being equally authentic.

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

         За Босна и Херцеговина
         Por Bosnia y Herzegovina
         Za Bosnu a Hercegovinu
         For Bosnien-Hercegovina
         Für Bosnien und Herzegowina
         Bosnia ja Hertsegoviina nimel
         Γiα τη Βοσνία-Ερζεγοβίνη
         For Bosnia and Herzegovina
         Pour la Bosnie-et-Herzégovine
         Per la Bosnia-Erzegovina
         Bosnijos ir Hercegovinos vardu
         Bosnijas un Hercegovinas vārdā
         Bosznia és Hercegovina részéről
         Għall-Bożnja u Ħerzegovina
         Voor Bosnië en Herzegovina
         W imieniu Bośni i Hercegowiny
         Pela Bósnia e Herzegovina
         Pentru Bosnia și Herţegovina
         Za Bosnu a Hercegovinu
         Za Bosno in Hercegovino
         Bosnia ja Hertsegovinan puolesta
         För Bosnien och Hercegovina
         Za Bosnu i Hercegovinu
         За Босну и Херцеговину
         Za Bosnu i Hercegovinu

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

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

               —

               Passports or travel documents of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate passports including children’s passports),

               —

               identity cards of any kind (including temporary and provisional ones and military identity cards),

               —

               seamen’s registration books and skippers’ service cards,

               —

               citizenship certificates and other official documents supported by another official document which includes a photograph that mention or clearly indicate citizenship.

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

               —

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

               —

               driving licences or photocopies thereof,

               —

               birth certificates or photocopies thereof,

               —

               company identity cards or photocopies thereof,

               —

               statements by witnesses,

               —

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

               —

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

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

               —

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

               —

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

               —

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

               —

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

               —

               official statements made, in particular, by border authority staff and other witnesses who can testify to the person concerned crossing the border,

               —

               official statement by the person concerned in judicial or administrative proceedings.

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

               —

               Description issued by the relevant authorities of the Requesting State, of place and circumstances under which the person concerned has been intercepted after entering the territory of that State,

               —

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

               —

               reports/confirmation of information by family members, travelling companions, etc.,

               —

               statement by the person concerned.

         ANNEX 5
   LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OR AS PRIMA FACIE EVIDENCE OF THE CONDITIONS FOR THE READMISSION OF FORMER NATIONALS OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA
   (ARTICLES 3(3), 9(4) AND 9(5))
   Annex 5a (Documents considered as proof):

               —

               Birth certificates or photocopies thereof issued by the former Socialist Federal Republic of Yugoslavia,

               —

               public documents or photocopies thereof issued by Bosnia and Herzegovina or the former Socialist Federal Republic of Yugoslavia stating place of birth and/or place of permanent residence as required by Article 3(3).

         Annex 5b (Documents considered as prima facie evidence):

               —

               Other documents or certificates or photocopies thereof which point to the place of birth in the territory of Bosnia and Herzegovina,

               —

               Official statement by the person concerned in judicial or administrative proceedings.

         ANNEX 6

   ANNEX 7

   JOINT DECLARATION CONCERNING ARTICLES 3 AND 5
   The Parties will endeavour to return any third country national who does not, or who no longer, fulfils the legal conditions in force for entry to, presence in or residence on, their respective territories, to his or her country of origin.
   JOINT DECLARATION CONCERNING DENMARK
   The Contracting Parties take note that this Agreement does not apply to the territory of the Kingdom of Denmark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that Bosnia and Herzegovina and Denmark conclude a readmission agreement in the same terms as this Agreement.
   JOINT DECLARATION CONCERNING ICELAND AND NORWAY
   The Contracting Parties take note of the close relationship between the European Community and Iceland and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that Bosnia and Herzegovina concludes a readmission agreement with Iceland and Norway in the same terms as this Agreement.
   JOINT DECLARATION CONCERNING SWITZERLAND
   The Contracting Parties take note that the European Union, the European Community and Switzerland signed an agreement on Switzerland’s association with the implementation, application and development of the Schengen acquis. It is appropriate, once this association agreement enters into force, that Bosnia and Herzegovina concludes a readmission agreement with Switzerland in the same terms as this Agreement.


title: Decision (EU) 2015/738 of the European Parliament and of the Council of 29 April 2015 on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2014/017 FR/Mory-Ducros, from France)

text:
               8.5.2015

               EN

               Official Journal of the European Union

               L 117/47

         DECISION (EU) 2015/738 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 29 April 2015
   on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2014/017 FR/Mory-Ducros, from France)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in Regulation (EC) No 546/2009 of the European Parliament and of the Council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market.

               (2)

               Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (4) allows the mobilisation of the EGF within a maximum annual amount of EUR 150 million (2011 prices).

               (3)

               France submitted an application to mobilise the EGF, in respect of redundancies in Mory-Ducros SAS in France, on 6 October 2014 and supplemented it by additional information as provided by Article 8(3) of Regulation (EU) No 1309/2013. This application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of an amount of EUR 6 052 200 for the application submitted by France,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 6 052 200 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 29 April 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         Z. KALNIŅA-LUKAŠEVICA

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

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

      (3)  Regulation (EC) No 546/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (OJ L 167, 29.6.2009, p. 26).

      (4)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


title: Decision of the European Systemic Risk Board of 12 October 2016 amending Decision ESRB/2011/1 adopting the Rules of Procedure of the European Systemic Risk Board (ESRB/2016/13)

text:
               25.11.2016

               EN

               Official Journal of the European Union

               C 437/8

         DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD
   of 12 October 2016
   amending Decision ESRB/2011/1 adopting the Rules of Procedure of the European Systemic Risk Board
   (ESRB/2016/13)
   (2016/C 437/05)
   THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,
   Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular Article 6(4) thereof,
   Having regard to Council Regulation (EU) No 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board (2),
   Whereas:

               (1)

               Warnings and recommendations issued by the European Systemic Risk Board (ESRB) are legal instruments that need to be properly notified to their addressees. Article 19(2) of Decision ESRB/2011/1 of the European Systemic Risk Board (3) requires the Chair of the ESRB to sign ESRB warnings and recommendations.

               (2)

               Henceforth each ESRB warning and recommendation should be signed by the Head of the ESRB Secretariat in order to certify its conformity with the General Board’s decision.

               (3)

               Therefore, Decision ESRB/2011/1 should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Sole Article
   Amendments
   Decision ESRB/2011/1 is amended as follows:

               1.

               in Article 5, paragraph 4 is replaced by the following:
               ‘4.   The Chair of the ESRB shall submit the draft minutes to the members of the General Board for comments and approval by written procedure at the latest two weeks following the meeting or, if this is not possible, at the subsequent meeting. Once approved, they shall be signed by the Head of the ESRB Secretariat.’;

               2.

               in Article 10, paragraph 3 is replaced by the following:
               ‘3.   The Head of the ESRB Secretariat shall prepare the draft summary proceedings of the Steering Committee meetings and submit them for comments and approval to the members of the Steering Committee by written procedure, as a rule before the following General Board meeting. The summary proceedings shall be signed by the Head of the ESRB Secretariat.’;

               3.

               in Article 19, paragraph 2 is replaced by the following:
               ‘2.   ESRB warnings and recommendations shall be adopted by the General Board and signed by the Head of the ESRB Secretariat to certify their conformity with the General Board’s decision.’.

      Done at Frankfurt am Main, 12 October 2016.

            The Chair of the ESRB

         Mario DRAGHI

      (1)  OJ L 331, 15.12.2010, p. 1.

      (2)  OJ L 331, 15.12.2010, p. 162.

      (3)  Decision ESRB/2011/1 of the European Systemic Risk Board of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board (OJ C 58, 24.2.2011, p. 4).


Avis juridique important

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31983D0137

83/137/EEC: Commission Decision of 25 March 1983 amending Decision 78/636/EEC establishing an Advisory Committee on Industrial Research and Development

Official Journal L 093 , 13/04/1983 P. 0015 - 0016

*****COMMISSION  DECISION  of 25 March 1983  amending Decision 78/636/EEC establishing an Advisory Committee on Industrial Research and Development  (83/137/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas by Decision 78/636/EEC (1), as amended by Decision 81/1/EEC (2), the Commission created an Advisory Committee on Industrial Research and Development; whereas, it is appropriate to limit the Committee's term of office to one year, given that the structures and procedures adopted with regard to science, research and development are under review; whereas the provisions concerning the Committee's eight observer seats should be amended and the members and observers of the Committee be appointed for a one-year term of office; whereas, however, the observers of the Committee for European Development of Science and Technology (CODEST) will only be nominated at a later date,  HAS DECIDED AS FOLLOWS:  Article 1  Decision 78/636/EEC is hereby amended as follows:  1. Article 3 (3) is replaced by the following:  '3. Eight persons belonging to the following organizations may attend the Committee's meetings as observers:  three observers from the Committee for the European Development of Science and Technology (CODEST), set up by the Commission on 6 December 1982,  one observer from the European Industrial Research Management Association EIRMA,  one observer from the UNICE secretariat,  one observer from the ECPE secretariat,  one observer from the FEICRO secretariat,  one observer from the ETUC secretariat.'  2. Article 5 is replaced by the following:  'Article 5  The term of office of a Committee member and of an observer shall be one year. It shall be renewable.  After expiry of the one-year period, Committee members and observers shall remain in office until they have been replaced or their term has been renewed.  The appointment of a member or observer shall be terminated before the end of the one-year period if such a member or observer resigns, ceases to belong to the organization he represents, or dies. The appointment of a member or observer may also be terminated if the organization which proposed him as a candidate requests that he be replaced.  He shall be replaced for the remainder of his term in accordance with the procedure set out in Article 4.  His duties shall not entitle him to remuneration.'  Article 2  The candidates listed in the Annex are hereby appointed members or observers of the Advisory Committee on Industrial Research and Development.  Article 3  This Decision shall apply with effect from 1 January 1983.  Done at Brussels, 25 March 1983.  For the Commission  Étienne DAVIGNON  Vice-President  (1) OJ No L 203, 27. 7. 1978, p. 36.  (2) OJ No L 10, 10. 1. 1981, p. 18.  ANNEX  ADVISORY COMMITTEE ON INDUSTRIAL RESEARCH AND DEVELOPMENT  1.2.3,4 //   //   //   // Organization  // Seats  // Candidates for members  //  1.2.3.4 //   //   //   //  // Union of Industries of the European Community (UNICE)  // 17  // Argyros Stelios Bracke William Brouwers Victor Cantacuzène Jean de Montgolfier Philippe Finlay-Maxwell David Georgopoulos Alkis Hansen Hans-Erik Kreklau Carsten Lynch John Mawson Alan Ording Burchard Rossi Angelo Schummer Arthur Slot Douwe van Damme-van Weele M.A. Vitari Michele  // (GR) (B) (B) (F) (F) (UK) (GR) (DK) (D) (IRL) (UK) (D) (I) (L) (NL) (NL) (I)  // European Centre for Public Enterprise (ECPE)  // 4  // Balazard Jacques Dollond Steven Frigessi di Rattalma Guido Theenhaus Rolf  // (F) (UK) (I) (D)  // Federation of European Industrial Cooperative Research Associations (FEICRO)  // 3  // Berchem Ruetger Masi Oscar The Earl of Shannon  // (D) (I) (UK)  // European Trade Union Confederation (ETUC)  // 3  // (1) Brindeau Charles Svanholt Karen-Lisbeth  // (I) (F) (DK)  //   //   //   //  (1) This member will be appointed at a later date.  1.2.3,4 //   //   //   // Organization  // Seats  // Candidates for observers  //   //   //   // Committee for the European Development of Science and Technology (CODEST)  // 3  // (1)  // European Industrial Research Management Association (EIRMA)  // 1  // Schulz Reinhard  // Union of Industries of the European Community (UNICE)  // 1  // Cloquet Daniël  // European Centre for Public Enterprise (ECPE)  // 1  // Lambert Lamberto  // Federation of European Industrial Cooperative Research Organizations (FEICRO)  // 1  // Ellithorne Pamela  // European Trade Union Confederation (ETUC)  // 1  // Coldrick Peter  //   //   //  (1) These observers will be appointed at a later date.


title: 2013/474/EU: Council Decision of 23 September 2013 appointing three Czech members and two Czech alternate members of the Committee of the Regions

text:
               27.9.2013

               EN

               Official Journal of the European Union

               L 255/18

         COUNCIL DECISION
   of 23 September 2013
   appointing three Czech members and two Czech alternate members of the Committee of the Regions
   (2013/474/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Czech Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               Three members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Stanislav EICHLER, Mr Jaroslav PALAS and Ms Jana VAŇHOVÁ. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Radko MARTÍNEK and Mr Martin TESAŘÍK,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               a)

               as members:

                           —

                           Ms Jana VAŇHOVÁ, Náměstkyně hejtmana Ústeckého kraje

                           —

                           Mr Martin PŮTA, Hejtman Libereckého kraje

                           —

                           Mr Miroslav NOVÁK, Hejtman Moravskoslezského kraje

                     and

               b)

               as alternate members:

                           —

                           Dr Martin NETOLICKÝ, Ph.D., Hejtman Pardubického kraje

                           —

                           Mr Jiří ROZBOŘIL, Hejtman Olomouckého kraje.

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

      Done at Brussels, 23 September 2013.

            For the Council

            The President

         V. JUKNA

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

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42001D0934

Decision of the Representatives of the Governments of the Member States meeting within the Council of 19 December 2001 on certain measures applicable with regard to Kazakhstan concerning trade in certain steel products covered by the ECSC Treaty

Official Journal L 345 , 29/12/2001 P. 0078 - 0079

Decision of the Representatives of the Governments of the Member States meeting within the Councilof 19 December 2001on certain measures applicable with regard to Kazakhstan concerning trade in certain steel products covered by the ECSC Treaty(2001/934/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 1During the period 1 January 2002 to 30 June 2002, imports into all the Member States of steel products covered by the ECSC Treaty referred to in Annex I originating in Kazakhstan shall be subject to licensing. Licences shall be issued only within the limits defined in Article 2. Steel products originating in Kazakhstan, covered by a valid import licence issued pursuant to Commission Decision No 2744/1999/ECSC(1), and which were already sent to the Community before the date of entry into force of this Decision, shall be admitted within the quantitative limits applicable for the period from 1 January to 31 December 2001.Article 2Imports shall be authorised, for each product group and for the whole of the Community, up to quantitative limits indicated in Annex II.The period of validity of the import licence is hereby fixed at four months. Unused or partially used import licences may be renewed for two months.Article 3Member States shall issue licences according to rules agreed within the Steel Liaison Committee and inform the Commission thereof immediately. The Commission shall keep the Member States regularly informed of the extent to which the quantities have been used up.The Member States and the Commission shall confer in order to ensure that these quantities are not exceeded.Article 4Should an agreement between the European Coal and Steel Community and Kazakhstan on trade in certain steel products be concluded and enter into force during the period of application of this Decision, the provisions of that agreement together with any measures taken to give effect to it, shall, as from the date on which the agreement enters into force, replace the provisions of this Decision.Article 5This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply from 1 January 2002.Done at Brussels, 19 December 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 342, 31.12.1999, p. 17.ANNEX ISA Flat-rolled productsSA1. Coils7208 10 007208 25 007208 26 007208 27 007208 36 007208 37 907208 38 907208 39 907211 14 107211 19 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907225 20 207225 30 00SA1a Hot rolled coils for rerolling7208 37 107208 38 107208 39 10SA2. Heavy Plate7208 40 107208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107211 13 00SA3. Other flat rolled products7208 40 907208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 14 907211 19 907211 23 107211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907225 40 80ANNEX IIQUANTITATIVE LIMITS1 January 2002-30 June 2002>TABLE>


title: 2008/195/EC: Council Decision of 18 February 2008 on the conclusion of the Agreement between the European Community and the Kyrgyz Republic on certain aspects of air services

text:
               5.3.2008

               EN

               Official Journal of the European Union

               L 60/29

      COUNCIL DECISION

   of 18 February 2008
   on the conclusion of the Agreement between the European Community and the Kyrgyz Republic on certain aspects of air services
   (2008/195/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) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

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

               (2)

               The Commission has negotiated, on behalf of the Community, an Agreement with the Kyrgyz Republic on certain aspects of air services (the Agreement) 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)

               The agreement was signed on behalf of the European Community subject to its possible conclusion at a later date, in accordance with Council Decision 2007/470/EC (1).

               (4)

               The agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Kyrgyz Republic on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is authorised to designate the person empowered to make the notification provided for in Article 9.1 of the Agreement.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 179, 7.7.2007, p. 38.


title: Council Decision (CFSP) 2017/632 of 3 April 2017 amending Decision 2014/129/CFSP promoting the European network of independent non-proliferation think tanks in support of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

text:
               4.4.2017

               EN

               Official Journal of the European Union

               L 90/10

         COUNCIL DECISION (CFSP) 2017/632
   of 3 April 2017
   amending Decision 2014/129/CFSP promoting the European network of independent non-proliferation think tanks in support of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 March 2014, the Council adopted Decision 2014/129/CFSP (1).

               (2)

               Decision 2014/129/CFSP provides for a 36-month implementation period for projects covering specific activities from the date of conclusion of the financial agreement concluded between the Commission and the implementing entity (the ‘EU Non-Proliferation Consortium’).

               (3)

               On 9 December 2016, the EU Non-Proliferation Consortium requested the authorisation of the Union to extend that implementation period until 2 July 2017 in order to allow for the continuation of the implementation of the activities beyond the 36-month implementation period.

               (4)

               The continuation of the specific activities, as requested by the EU Non-Proliferation Consortium, can be performed without any resource implication.

               (5)

               Decision 2014/129/CFSP should therefore be amended to enable the full implementation of the activities contained therein by extending its duration accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/129/CFSP is hereby amended as follows:

               (1)

               point (a) of Article 1(3) is replaced by the following:

                           ‘(a)

                           providing means for the organisation of four annual consultative meetings and up to eight ad-hoc seminars for experts and practitioners on the full range of non-proliferation and disarmament issues covering both unconventional and conventional arms, with a view to submitting reports and/or recommendations to the representatives of the HR;’;

               (2)

               Article 5(2) is replaced by the following:
               ‘2.   It shall expire on 2 July 2017.’;

               (3)

               the Annex is amended as follows:

                           (a)

                           Section 3.1 is replaced by the following:‘3.1.
                              Project 1: Organisation of four annual consultative meetings and up to eight ad hoc seminars for diplomats and academic experts with a report and/or recommendations’;

                           (b)

                           the first sentence of Section 3.1.3 is replaced by the following:
                           ‘The project provides for the organisation of four annual consultative meetings and up to eight ad hoc expert seminars with the preparation of associated reports and/or recommendations.’;

                           (c)

                           in Section 3.2.3, the following indent is added:

                                       ‘—

                                       Preparatory activities to ensure the logistics of the next annual conference.’;

                           (d)

                           Section 4 is replaced by the following:
                           ‘4.   Duration

                           This Decision shall expire on 2 July 2017.’.

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

      Done at Luxembourg, 3 April 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2014/129/CFSP of 10 March 2014 promoting the European network of independent non-proliferation think tanks in support of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 71, 12.3.2014, p. 3).


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32004D0021

2004/21/EC: Commission Decision of 29 December 2003 fixing indicative allocations to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia under the European Agricultural Guidance and Guarantee Fund, Guarantee Section, for rural development measures for the period 2004 to 2006

Official Journal L 005 , 09/01/2004 P. 0087 - 0088

Commission Decisionof 29 December 2003fixing indicative allocations to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia under the European Agricultural Guidance and Guarantee Fund, Guarantee Section, for rural development measures for the period 2004 to 2006(2004/21/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(1), and in particular Article 46(2) thereof,Whereas:(1) The allocation of commitment appropriations for rural development measures integrated into Objective 1 programmes shall be co-financed by the EAGGF Guidance Section in accordance with Article 35(2), first indent, of Regulation (EC) No 1257/1999.(2) Community support for other rural development measures shall be co-financed by the EAGGF Guarantee Section in accordance with Article 47a(1) of Regulation (EC) No 1257/1999.(3) The European Council at its meeting in Copenhagen in December 2002 fixed the financial perspective pertaining to rural development and accompanying measures financed by the EAGGF Guarantee Section for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia for the period 2004 to 2006 (Annex I of the Presidency Conclusions).(4) According to Article 46(2) of Regulation (EC) No 1257/1999, the Commission shall make initial allocations to Member States for rural development measures co-financed under the EAGGF Guarantee Section, broken down on an annual basis and using objective criteria which take into account particular situations and needs, and efforts to be undertaken especially for the environment, job creation and maintenance of the landscape.(5) The indicative allocations expressed in 1999 prices appearing in the declaration annexed to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia(2) have been converted to current prices,HAS DECIDED AS FOLLOWS:Article 1The initial allocations to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia for rural development support co-financed by the EAGGF Guarantee Section for the period 2004 to 2006 shall be as set out in the Annex.Article 2This Decision shall enter into force subject to and on the date of entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.Done at Brussels, 29 December 2003.For the CommissionFranz FischlerMember of the Commission(1) OJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regulation (EC) No 1783/2003 (OJ L 270, 21.10.2003, p. 70).(2) OJ L 236, 23.9.2003, p. 974.ANNEXSupport for rural development (2004 to 2006)Annual allocation>TABLE>


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32003D0631

2003/631/EC: Council Decision of 25 August 2003 adopting measures concerning Liberia under Article 96 of the ACP-EC Partnership Agreement in a case of special urgency

Official Journal L 220 , 03/09/2003 P. 0003 - 0004

Council Decisionof 25 August 2003adopting measures concerning Liberia under Article 96 of the ACP-EC Partnership Agreement in a case of special urgency(2003/631/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 300(2) thereof,Having regard to the internal agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement(1), and in particular, Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) Council Decision 2002/274/EC of 25 March 2002 concluding consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement(2) provides for the adoption of the appropriate measures within the meaning of Article 96(2)(c) and of Article 97(3) of the ACP-EC Partnership Agreement.(2) The essential elements cited in Article 9 of the ACP-EC Partnership Agreement continue to be violated by the Government of Liberia and the current conditions in Liberia do not ensure respect for human rights, democratic principles and the rule of law.(3) The political and security situation in Liberia has deteriorated dramatically since the date of adoption of Decision 2002/274/EC. This situation constitutes therefore a case of special urgency within the meaning of Article 96(2)(b) of the ACP-EC Partnership Agreement.(4) It is consequently necessary to review the conditions under which funds set aside for Liberia can be made available in order to allow support to the peace process in Liberia in particular through possible support to peacekeeping operations, a demobilisation and reintegration programme, institution building and restoring democratic structures,HAS DECIDED AS FOLLOWS:Article 1The measures specified in the annexed draft letter addressed to the Minister of Foreign Affairs of Liberia are hereby adopted as appropriate measures in a case of special urgency within the meaning of Article 96(2)(b) and (c) of the ACP-EC Partnership Agreement. These measures shall expire on 31 December 2004. This date does not preclude any specific expiry date contained in the financial instruments covered by this Decision.Article 2The measures taken by the Community referred to in Article 2 of Decision 2002/274/EC shall no longer apply as from the entry into force of this Decision.The outcome of the consultations as set out in the draft letter annexed to Decision 2002/274/EC shall remain unaffected.Article 3This Decision shall enter into force on the day of its adoption.Article 4This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 25 August 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 317, 15.12.2000, p. 376.(2) OJ L 96, 13.4.2002, p. 23.ANNEXDRAFT LETTER TO THE MINISTER OF FOREIGN AFFAIRS OF LIBERIAH.E. Mr Monie CaptanMinister of Foreign AffairsLiberiaDear Minister,The European Union is deeply concerned about the prevailing security situation in your country and wishes to assist in returning peace and stability. It has therefore the intention to provide financial support to a peacekeeping operation in Liberia. The European Union also wishes to make funds available for other measures to accompany the peace process once a comprehensive peace agreement has been reached and signed.The Community has therefore decided to replace the measures as outlined in its letter No SGS 272745 of 27 March 2002 with the following new measures, motivated by a case of special urgency within the meaning of Article 96(2)(b) of the ACP-EC Partnership Agreement, as regards the implementation of its aid:- regular follow-up will be ensured by means of a close political dialogue involving the Presidency of the European Union and the European Commission, and six-monthly political reviews,- implementation of current projects funded under Article 72 of the ACP-EC Partnership Agreement, amounting at the moment to EUR 25 million and intended to meet the needs of displaced persons, will be continued,- contributions to regional projects, operations of a humanitarian nature, trade cooperation and trade-related preferences are not affected,- institution support to allow for the implementation of the measures aimed at fulfilling undertakings given within the consultations can be provided,- Chapter 1 of Annex 4 to the ACP-EC Partnership Agreement is suspended. The balances remaining for Liberia from the 8th EDF shall be available forthwith for implementation. The funds shall cover support to the peace process in Liberia that could include support to a peacekeeping operation in Liberia, a demobilisation and reintegration programme, institution building and restoring efficient democratic structures,- notification of the 9th EDF allocation will be made once the comprehensive peace agreement is in force and the signatory parties to the agreement have shown commitment to implement the agreement as foreseen. The decision to notify will be made following a six-monthly political review as set out in the first indent. The suspension of Chapter 1 of Annex 4 to the ACP-EC Partnership Agreement as set out in the preceding indent will not apply to the implementation of the 9th EDF allocation,- the Commission will continue to exercise the function of national authorising officer on behalf of the latter for the implementation of the balances remaining from the 8th EDF as provided for above.The European Union will continue to follow closely the situation in Liberia. We propose that our intensive political dialogue should continue, on the basis of Article 8 of the ACP-EC Partnership Agreement and on the basis of the outcome of the consultations as set out in our letter No SGS 272745 of 27 March 2002.Yours faithfully,For the CommissionFor the Council


title: 2009/901/EC: Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and the Federation of Saint Kitts and Nevis on the short-stay visa waiver

text:
               8.12.2009

               EN

               Official Journal of the European Union

               L 321/43

         COUNCIL DECISION
   of 30 November 2009
   on the conclusion of the Agreement between the European Community and the Federation of Saint Kitts and Nevis on the short-stay visa waiver
   (2009/901/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular point 2(b)(i) of Article 62, 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 Commission has negotiated on behalf of the European Community an Agreement with the Federation of Saint Kitts and Nevis on the short-stay visa waiver (hereinafter ‘the Agreement’).

               (2)

               The Agreement was signed on behalf of the Community on 28 May 2009 and has been provisionally applied since that date, subject to its conclusion at a later date, in accordance with Council Decision 2009/483/EC (2).

               (3)

               The Agreement should be approved.

               (4)

               The Agreement establishes a Joint Committee for the management of the Agreement, which should adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position on the adoption of those rules of procedure.

               (5)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Federation of Saint Kitts and Nevis on the short-stay visa waiver (3) is hereby approved on behalf of the Community.
   Article 2
   The President of the Council shall give the notification provided for in Article 8(1) of the Agreement (4).
   Article 3
   The Community shall be represented by the Commission, assisted by experts from Member States, in the Joint Committee of experts established by Article 6 of the Agreement.
   Article 4
   The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 6(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  Opinion of 20 October 2009 (not yet published in the Official Journal).

      (2)  OJ L 169, 30.6.2009, p. 37.

      (3)  For the text of the Agreement see OJ L 169, 30.6.2009, p. 38.

      (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.


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32004D0222

2004/222/EC: Council Decision of 19 February 2004 appointing an Austrian alternate member of the Committee of the Regions

Official Journal L 068 , 06/03/2004 P. 0024 - 0024

Council Decisionof 19 February 2004appointing an Austrian alternate member of the Committee of the Regions(2004/222/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Austrian Government,Whereas:(1) On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions(1).(2) A seat as an alternate member of the Committee of the Regions has fallen vacant following the resignation of Mr Ernst WOLLER, of which the Council was notified on 20 January 2004,HAS DECIDED AS FOLLOWS:Sole ArticleMr Markus LINHART, Bürgermeister (Bregenz), is hereby appointed an alternate member of the Committee of the Regions in place of Mr Ernst WOLLER for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 19 February 2004.For the CouncilThe PresidentM. McDowell(1) OJ L 24, 26.1.2002, p. 38.