title: 2014/815/EU: Decision of the European Parliament and of the Council of 22 October 2014 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2014/003 ES/Aragón food and beverage from Spain)

text:
               20.11.2014

               EN

               Official Journal of the European Union

               L 333/17

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 22 October 2014
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2014/003 ES/Aragón food and beverage from Spain)

      (2014/815/EU)

   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (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 Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof,
   Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 2 December 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), 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 (4), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market.

               (2)

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

               (3)

               Spain submitted an application to mobilise the EGF, in respect of redundancies (5) in 661 enterprises operating in the NACE Rev. 2 Division 56 (Food and beverage service activities) (6) in the NUTS 2 level region of Aragón (ES24), on 21 February 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 960 000 for the application submitted by Spain,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2014, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 960 000 in commitment and payment appropriations.
   Article 2
   This decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 22 October 2014

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         B. DELLA VEDOVA

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

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

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

      (4)  OJ L 167, 29.6.2009, p. 26.

      (5)  Within the meaning of Article 3(a) of the EGF Regulation.

      (6)  Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Rev. 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).


title: Council Decision 2005/765/CFSP of 3 October 2005 concerning the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel

text:
               29.10.2005

               EN

               Official Journal of the European Union

               L 288/59

         COUNCIL DECISION 2005/765/CFSP
   of 3 October 2005
   concerning the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 9 September 2005, the Council adopted Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh, Indonesia (Aceh Monitoring Mission — AMM) (1).

               (2)

               Article 7 of the Joint Action provides that the status of the Aceh Monitoring Mission staff in Indonesia, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of that Mission are to be agreed in accordance with the procedure laid down in Article 24 of the Treaty.

               (3)

               Following the authorisation of 18 July 2005 given by the Council to the Presidency, assisted where necessary by the Secretary-General/High Representative, in case of future EU civilian crisis management missions to open negotiations with Host States with a view to concluding agreements on the status of the European Union civilian crisis management missions on the basis of the Model Agreement on the Status of the European Union Civilian Crisis Management Mission in a Host State (SOMA), the Presidency, assisted by the Secretary-General/High Representative, negotiated an agreement in the form of an Exchange of Letters with the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel.

               (4)

               The agreement in the form of an Exchange of Letters should be approved on behalf of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel is hereby approved on behalf of the European Union.
   The text of the agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the agreement in order to bind the European Union.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.
   Article 4
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 3 October 2005.

            For the Council

            The President

         D. ALEXANDER

      (1)  OJ L 234, 10.9.2005, p. 13.
    ---documentbreak---

               29.10.2005

               EN

               Official Journal of the European Union

               L 288/60

         AGREEMENT
   in the form of an exchange of letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel
   Your Excellency,
   I have the honour to acknowledge receipt of your letter of 14 September 2005 and its annexes regarding the tasks, status, privileges and immunities of the Aceh Monitoring Mission (AMM), which reads as follows:
   ‘
         With reference to your letter dated 9 September 2005, I have the honour to confirm the tasks and mandate of the Aceh Monitoring Mission (AMM) which are set out in paragraph 2 of your letter as attached in Annex I.
         I should also like to convey to you that in order to facilitate the fulfilment of the mandate of the AMM established pursuant to the Memorandum of Understanding (MoU) between the Government of the Republic of Indonesia (GoI) and the Free Aceh Movement (GAM) signed at Helsinki on 15 August 2005, with a view to providing a peaceful, comprehensive and sustainable solution of the problem in Aceh within the unitary Republic of Indonesia, a legal framework is needed as a basis for the AMM to fulfil its mandate.
         Accordingly, I have the honour to propose such legal framework which would govern the status, privileges and immunities of the AMM and its personnel in fulfilling their mandate, which is set out in Annex II. For the GoI, this legal framework is based on Indonesian Law No 2 of 25 January 1982 concerning the Ratification of Convention on Special Missions, New York 1969.
         I would be grateful if you could confirm, on behalf of the European Union, your acceptance of those provisions, and also confirm your understanding that this letter and its Annexes, together with your reply, shall constitute a legally binding instrument between the Government of Indonesia and the European Union. This instrument shall enter into force on the day of signature of your reply. If your reply is received at a later date, the GoI will apply it provisionally as of 15 September 2005. It may be amended by mutual consent and will be terminated on 15 March 2006, unless extended for another period of up to six months by mutual consent.
         The provisions governing the status, privileges and immunities of the AMM and its personnel will remain applicable until the departure of all AMM personnel from the Republic of Indonesia and, if any, the final settlement of all outstanding claims pursuant to Section 16 of the Annex II.
         Please accept, Excellency, the assurances of my highest consideration.
         Yours sincerely,

               Yusril Ihza Mahendra
               Minister for Foreign Affairs a.i.

         ANNEX I
         Brussels, 9 September 2005
         Dear Minister,
         I refer to your letter of 12 July 2005 inviting the European Union to participate in an Aceh Monitoring Mission (AMM) and my reply of 22 July 2005, confirming the EU’s agreement in principle. I have the honour to inform you that the Council of the EU on 9 September 2005 adopted the Joint Action setting out the legal framework for the EU’s participation in the AMM.
         With reference to the Memorandum of Understanding (MoU) signed between the Government of Indonesia and the Free Aceh Movement on 15 August 2005 and the establishment of the Aceh Monitoring Mission (AMM), I would like to confirm that the AMM will carry out the following tasks:
         The AMM shall monitor the implementation of the commitments undertaken by the Parties to the MoU.
         In particular, the AMM shall:

                     (a)

                     monitor the demobilisation of GAM and decommissioning of its armaments,

                     (b)

                     monitor the relocation of non-organic military forces and non-organic police troops,

                     (c)

                     monitor the reintegration of active GAM members,

                     (d)

                     monitor the human rights situation and provide assistance in this field,

                     (e)

                     monitor the process of legislation change,

                     (f)

                     rule on disputed amnesty cases,

                     (g)

                     investigate and rule on complaints and alleged violations of the MoU,

                     (h)

                     establish and maintain liaison and good cooperation with the parties.

               If required, I would suggest that implementing arrangements are agreed upon by the AMM Head of Mission and representatives of your government.
         Consequently and following consultations between our representatives, I would like to invite you to initiate the Exchange of Letters regarding the status, privileges and immunities of the AMM and its personnel.
         I look forward to further close cooperation with you and your government.
         Please accept the assurances of my highest consideration.
         Yours sincerely,

            Javier SOLANA

         ANNEX II
         Provisions on the Status, Privileges and Immunities of the Aceh Monitoring Mission (AMM)
          1.   For the purposes of the legal framework of the AMM, the following definitions shall apply:

                     (a)

                     “AMM” or “the mission” shall mean the Aceh Monitoring Mission in the Province of Nanggroe Aceh Darussalam, established by the European Union and ASEAN Contributing Countries in accordance with the Memorandum of Understanding between the Government of the Republic of Indonesia (GoI) and the Free Aceh Movement (GAM) signed at Helsinki on 15 August 2005, including its components, elements, headquarters, personnel and facilities deployed on the territory of the Republic of Indonesia and assigned to the AMM;

                     (b)

                     “Head of Mission” shall mean the Head of Mission of AMM;

                     (c)

                     “AMM personnel” shall mean the Head of Mission/Principal Deputy Head of Mission, personnel seconded by EU Member States, other European States and ASEAN Contributing Countries, international staff recruited on a contractual basis by the AMM deployed for the preparation, support and implementation of the mission, and personnel on mission for a Sending State or an EU institution in the framework of the mission. It shall not include commercial contractors or personnel employed locally;

                     (d)

                     “Headquarters” shall mean the AMM main headquarters in Banda Aceh;

                     (e)

                     “Sending State” shall mean any EU Member State, other European States or ASEAN Contributing Country that has seconded personnel to the AMM;

                     (f)

                     “Facilities” shall mean all buildings, premises and land required for the conduct of the activities of the AMM, as well as for the accommodation of the AMM personnel;

                     (g)

                     “Personnel employed locally” shall mean personnel who are nationals of or permanently resident in the Republic of Indonesia.

                2.   General provisions

                     (a)

                     The AMM and AMM personnel shall respect the sovereignty, territorial integrity, national unity and political independence of the Republic of Indonesia in accordance with the Charter of the United Nations.

                     (b)

                     The AMM and AMM personnel shall maintain strict impartiality, objectivity and independence in the conduct of their mandate and tasks, and shall respect the national laws and regulations of the Republic of Indonesia, including the local laws and regulations of the Province of Nanggroe Aceh Darussalam.

                     (c)

                     In carrying out their mission, the personnel of AMM shall refrain from any activities not compatible with its nature and purpose. Such personnel are not to carry arms;

                     (d)

                     The AMM shall be autonomous with regard to the execution of its functions. The Host State shall respect the unitary nature of the AMM.

                     (e)

                     The Head of Mission shall regularly inform the Department of Foreign Affairs of the number and names of personnel deemed necessary to guarantee impartial, objective and credible monitoring of the entire implementation of the MoU between the GoI and GAM.

                3.   Identification

                     (a)

                     The AMM personnel shall be provided with and identified by the AMM identification card, which they shall be obliged to carry with them at all times. The AMM shall provide a specimen of an AMM identification card to the relevant authorities of GoI.

                     (b)

                     The vehicles and other mean of transport used by the AMM personnel shall be marked with the AMM emblem and must be notified to the local police. All means will only be used by AMM personnel and local personnel hired by the mission.

                     (c)

                     The AMM shall have the right to display the flags of the EU and of the ASEAN Contributing Countries at its main headquarters and its District Offices and on its other facilities, together with the flag of the Republic of Indonesia. The emblem of the AMM may be displayed on the AMM Mission premises, vehicles and civilian dress, as decided by the Head of Mission.

                4.   Entry/Exit Points and movement within the Host State’s territory

                     (a)

                     The AMM personnel and AMM assets and means of transport shall enter/exit the border of the Republic of Indonesia at official border entry/exit, sea ports and via the international air corridors. Exceptions for medical and emergency evacuations shall be the subject of arrangements pursuant to Section 19.

                     (b)

                     The GoI shall facilitate the entry into and the departure from the territory of the Republic of Indonesia for the AMM and AMM personnel, including the granting of the necessary permits for stay on the territory of the Republic of Indonesia for the duration of the mission. Except for passport control on entry into and departure from the territory of the Republic of Indonesia, the AMM personnel, with the identification card referred to in Section 3(a), shall be exempt from passport, customs control, visa and immigration regulations and any form of immigration inspection within the Republic of Indonesia.

                     (c)

                     The AMM personnel shall be exempt from the regulations of the Republic of Indonesia governing the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the territory of the Republic of Indonesia.

                     (d)

                     The AMM assets and means of transport entering, transiting or exiting the Republic of Indonesia’s territory in support of the AMM shall be exempt from any requirement to produce inventories or other customs documentation and from any inspection, unless there are serious grounds for presuming that they contain articles that are prohibited by the law or controlled by the quarantine regulations of the Republic of Indonesia. Such inspection shall be conducted only in the presence of the authorized representative of the AMM.

                     (e)

                     The AMM personnel may drive motor vehicle, navigate vessels and operate aircraft provided they have valid national or international driving licenses, ship masters certificates or pilot licenses, as appropriate. The GoI shall accept as valid, without tax or fee, such licenses, or certificates.

                     (f)

                     Vehicles and aircraft used for the purposes of the mission shall not be subject to local licensing or registration requirements. Relevant international and national standards and regulations concerning overflight, landing and air traffic control shall continue to apply. If necessary, implementing arrangements will be concluded pursuant to Section 19.

                     (g)

                     The AMM and AMM personnel together with their vehicles, aircraft or any other means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the Province of Nanggroe Aceh Darussalam, and the other parts of the territory of the Republic of Indonesia subject to Indonesia’s laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security.

                     (h)

                     For the purpose of the Mission, the AMM personnel, and local personnel employed by the AMM when travelling on official duties, may use roads, bridges ferries, airports and ports without payment of duties, fees, tolls, taxes or other charges, except on services provided by private sector. The AMM shall not be exempt from reasonable charges for services requested and received under the conditions that apply to those provided to the Republic of Indonesia’s personnel.

                5.   Privileges and immunities of AMM granted by the GoI

                     (a)

                     The AMM’s facilities shall be inviolable. The GoI’s agents shall not enter them without the consent of the Head of Mission.

                     (b)

                     The AMM’s facilities, their furnishings and other assets therein as well as their means of transport shall be immune from search, requisition, attachment or execution.

                     (c)

                     The AMM, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.

                     (d)

                     The AMM’s archives and documents, including multimedia support, either in conventional or in digital form, shall be inviolable at any time, wherever they may be.

                     (e)

                     The official correspondence of AMM shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.

                     (f)

                     The GoI will accord duty-free importation and exportation as well as exemption from internal taxation on products, property, material, and equipment imported into or acquired in host country by or for the AMM in connection with their official duties.

                     (g)

                     The GoI shall permit the entry of articles for the mission and grant them exemption from all custom duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services rendered.

                6.   Privileges and immunities of the AMM personnel granted by the GoI

                     (a)

                     The AMM personnel shall not be liable to any form of arrest or detention.

                     (b)

                     Papers, correspondence and property of the AMM personnel shall enjoy inviolability, except in case of measures of execution which are permitted pursuant to Section 6(f).

                     (c)

                     The AMM personnel shall enjoy immunity from the criminal jurisdiction of the Republic of Indonesia under all circumstances. The immunity from criminal jurisdiction of AMM personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be express.

                     (d)

                     The AMM personnel shall enjoy immunity from the civil and administrative jurisdiction of the Republic of Indonesia in respect of words spoken or written and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against the AMM personnel before any court of the Republic of Indonesia, the Head of Mission and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the Head of Mission and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was committed by the AMM personnel in the exercise of their official functions. If the act was committed in the exercise of official functions, the proceeding shall not be initiated. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the Head of Mission and the competent authority of the Sending State or EU institution is binding upon the jurisdiction of the Republic of Indonesia who may not contest it. The initiation of proceedings by the AMM personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

                     (e)

                     The AMM personnel are not obliged to give evidence as witnesses.

                     (f)

                     No measures of execution may be taken in respect of the AMM personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of the AMM personnel, which is certified by the Head of Mission to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings the AMM personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.

                     (g)

                     The immunity of the AMM personnel from the jurisdiction of the Republic of Indonesia does not exempt them from the jurisdictions of the respective Sending States.

                     (h)

                     The AMM personnel shall, with respect to services rendered for the AMM be exempt from social security provisions which may be in force in the Republic of Indonesia.

                     (i)

                     The AMM personnel shall be exempt from any form of taxation in the Republic of Indonesia on the salary and emoluments paid to them by the AMM or the Sending States, as well as on any income received from outside the GoI.

                     (j)

                     The GoI shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on articles for the personal use of the AMM personnel. The GoI shall also allow the export of such articles. For goods and services purchased on the domestic market the AMM personnel shall be exempt from VAT and taxes according to the laws of the Republic of Indonesia.

                     (k)

                     The personal baggage of the AMM personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of the AMM personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Republic of Indonesia. Such inspection shall be conducted only in the presence of the AMM personnel concerned or of an authorised representative of the AMM.

                7.   Personnel employed locally
         Personnel employed locally who are nationals of or permanently resident in the Host State shall enjoy privileges and immunities only to the extent admitted by the Republic of Indonesia. However, the Republic of Indonesia must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.
          8.   Criminal jurisdiction
         The competent authorities of a Sending State shall have the right to exercise on the territory of the Host State all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to its personnel according to the relevant law of the Sending State.
          9.   Security

                     (a)

                     The GoI, through its own capabilities, shall assume full responsibility for the security of the AMM personnel.

                     (b)

                     To that end, the GoI shall take all necessary measures for the protection, safety and security of the AMM and AMM personnel. Any specific provisions, proposed by the GoI, shall be agreed with the Head of Mission before implementation.

                     (c)

                     Medical evacuation for the AMM personnel may be provided by private contractors from major airfields; however, the GoI security forces shall be responsible for the medical evacuation from field locations in Province of Nanggroe Aceh Darussalam to major airfields. In situations of urgency, the AMM contractor may perform its medical evacuation tasks from field locations to the major airfields upon prior notification of the authorities of the GoI. Medical personnel of the GoI may accompany in the evacuation process.

               10.   Dress
         The AMM personnel shall wear civilian dress with distinctive AMM identification, subject to rules issued by the Head of Mission.
         11.   Cooperation and Access to Information and Media

                     (a)

                     The GoI shall provide full cooperation and support to the AMM and AMM personnel.

                     (b)

                     If requested and necessary for the accomplishment of the mission and relevant to the mandate of the AMM, the Host State shall provide AMM personnel with effective access to:

                                 —

                                 buildings, facilities, locations and official vehicles within the control of the Host State,

                                 —

                                 documents, materials and information within its control.

                           If required, supplementary arrangements as referred to in Section 19 shall be concluded.

                     (c)

                     The Head of Mission and the GoI shall consult regularly and take appropriate measures to ensure close and reciprocal liaison at every appropriate level. The GoI may appoint a liaison officer to the AMM.

                     (d)

                     The Head of Mission shall have free access to local, national and international media representatives to freely express his views in relation to AMM activities and the accomplishment of the mission. The same unhindered access to the Head of Mission or his spokesperson will be granted to the media.

                     (e)

                     The Head of Mission shall have the right to make use of and have access to the available broadcast systems and organizations and/or to produce and distribute his message by his own means to inform relevant audiences in the Province of Nanggroe Aceh Darussalam within the boundaries of his mission, subject to arrangements with the relevant broadcasting and media operators.

                     (f)

                     The AMM shall have legal capacity under Indonesian laws and regulations for the effective fulfilment of its mandate, in particular to allow the AMM to open bank accounts and to acquire or dispose of movable or immovable property and to be party to legal proceedings.

               12.   GoI support and contracting

                     (a)

                     The GoI agrees, if requested, to assist the AMM in finding suitable facilities.

                     (b)

                     The GoI shall provide free of charge, if required and available, facilities owned by the GoI, in so far as such facilities are requested for the conduct of administrative and operational activities of the AMM.

                     (c)

                     Within its means and capabilities, the GoI shall assist in the preparation, establishment and execution of and support for the Mission, including co-location facilities and equipment for the AMM experts.

                     (d)

                     The GoI’s assistance and support of the mission shall be provided under the same conditions as the assistance and support given to the GoI’s personnel.

                     (e)

                     The law applicable to contracts concluded by the AMM in the Republic of Indonesia shall be determined by the respective contracts.

               13.   Change to facilities

                     (a)

                     The AMM shall be authorized to construct, alter or otherwise modify facilities as required for its operational requirements, in consultation with the competent Indonesian authorities. Any objections on the part of the competent Indonesian authorities shall be notified to the AMM without delay.

                     (b)

                     No compensation shall be requested from AMM by the GoI for those constructions, alterations or modification.

               14.   Deceased AMM personnel

                     (a)

                     The Head of Mission shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased AMM personnel, as well of their personal property.

                     (b)

                     No autopsy shall be performed on any deceased members of the AMM without the agreement of the State concerned, and the presence of a representative of the AMM and/or the State concerned.

                     (c)

                     The GoI and the AMM shall cooperate to the fullest extent possible with a view to early repatriation of deceased AMM personnel.

               15.   Communications

                     (a)

                     The AMM shall have the right to use equipment necessary for the fulfilment of its mandate, such as maps and navigation tools, observation instruments, cameras, video tape recorders and other related equipment as appropriate.

                     (b)

                     The AMM may install and operate radio sending and receiving stations, as well as satellite systems. They shall cooperate with the GoI’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The GoI shall grant access to the frequency spectrum free of charge.

                     (c)

                     The AMM shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between the AMM facilities, including the laying of cables and land lines for the purpose of the operation, in consultation with the Indonesian authorities.

                     (d)

                     Within their own facilities the AMM may make the arrangements necessary for the conveyance of mail addressed to and from AMM and/or AMM personnel.

               16.   Claims for death, injury, damage and loss

                     (a)

                     The GoI, Sending States, the AMM and AMM personnel shall not be liable for any damage to or loss of civilian or government property which are related to operational necessities or caused by activities in connection with civil disturbances or protection of the AMM.

                     (b)

                     with a view to reaching an amicable settlement, claims for damage to or loss of civilian or government property not covered by paragraph 1, as well as claims for death or injury to persons and for damage to or loss of AMM property, shall be forwarded to the AMM via the competent authorities of the GoI, as far as damage sustained by legal or natural persons from the Republic of Indonesia is concerned, or to the competent authorities of the Republic of Indonesia, as far as damage sustained by the AMM and its personnel are concerned. Claims may concern both issues related to contractual or non-contractual liability.

                     (c)

                     Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of the AMM and representatives of the GOI. Settlement of claims shall be reached by common agreement.

               17.   Liaison and disputes

                     (a)

                     All issues arising in connection with the application of these Provisions shall be examined jointly by representative of the AMM and the GoI’s competent authorities.

                     (b)

                     Failing any prior settlement, disputes concerning the interpretation or application of these Provisions shall be settled exclusively by diplomatic means.

               18.   Other provisions

                     (a)

                     Whenever these Provisions refers ro the privileges, immunities and rights of the AMM and of the AMM personnel, the GoI shall be responsible for their implementation and for compliance with them on the part of the appropriate GOI local authorities.

                     (b)

                     Nothing in these Provisions is intended or shall be construed to derogate from any rights that may attach to any sending state.

               19.   Implementing arrangements
         For the purpose of the application of these Provisions, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the Head of Mission and the GoI's administrative authorities.
      ’
   I have the honour to confirm, on behalf of the European Union, that the contents of your letter and of its annexes are acceptable to the European Union and that your letter and its annexes, together with this reply, shall constitute a legally binding instrument, in accordance with your proposal. As set out in your letter, this instrument shall enter into force on the day of signature of this letter. I would also like to use this opportunity to thank the Government of Indonesia for having agreed to apply this instrument provisionally as of 15 September 2005.
   I should be obliged if you could acknowledge receipt of this letter.
   Please accept the assurances of my highest consideration.

      Javier SOLANA

      c.c: Dr. N. Hassan Wirajuda
      Minister for Foreign Affairs


Avis juridique important

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31999D0754

1999/754/EC: Council Decision of 12 November 1999 appointing a member of the Committee of the Regions

Official Journal L 300 , 23/11/1999 P. 0022 - 0022

COUNCIL DECISIONof 12 November 1999appointing a member of the Committee of the Regions(1999/754/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 Council Decisions of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as alternate member of the Committee of the Regions has become vacant following the death of Mr Edouard Juncker, Luxembourg member, as notified to the Council on 15 June 1999,Having regard to the proposal from the Luxembourg Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Nico Loes is hereby appointed an alternate member of the Committee of the Regions to replace Mr Edouard Juncker for the remainder of the latter's term of office, which runs until 25 January 2002.Done at Brussels, 12 November 1999.For the CouncilThe PresidentS. MÖNKÄRE(1) OJ L 28, 4.2.1998, p. 19.


title: DECISION NO 848/2004/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 29 APRIL 2004 ESTABLISHING A COMMUNITY ACTION PROGRAMME TO PROMOTE ORGANISATIONS ACTIVE AT EUROPEAN LEVEL IN THE FIELD OF EQUALITY BETWEEN MEN AND WOMEN

text:
30.4.2004          EN        Official Journal of the European Union                     L 157/ 18
_______________________________________________________________________________
              DECISION No 848/2004/EC OF THE EUROPEAN PARLIAMENT
                                      AND OF THE COUNCIL
                                           of 29 April 2004
                establishing a Community action programme to promote organisations
                                active at European level in the field of
                                  equality between men and women
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular, Article 13(2)
thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee 1,
Acting in accordance with the procedure laid down in Article 251 of the Treaty 2,
1
      OJ C 80, 30.3.2004, p. 115.
2
      Opinion of the European Parliament of 20 November 2003 (not yet published in the
      Official Journal), Council Common Position of 6 February 2004 (OJ C 95 E, 20.4.2004, p. 1),
      Position of the European Parliament of 30 March 2004 (not yet published in the Official
      Journal) and Council Decision of 20 April 2004.
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                          L 157/ 19
_______________________________________________________________________________
Whereas:
(1)    The principle of equality between men and women is a fundamental principle of Community
       law, laid down in Article 2 and Article 3(2) of the Treaty and clarified by the case-law of the
       Court of Justice of the European Communities. Under the Treaty, equality between men and
       women is one of the Community's specific tasks and objectives and the Community is
       actively to promote such equality in all fields of Community action.
(2)    Article 13(1) of the Treaty confers on the Council the power to take appropriate action to
       combat all discrimination based, inter alia, on sex. Pursuant to Article 13(2), when the
       Council adopts Community incentive measures, excluding any harmonisation of the laws
       and regulations of the Member States, to support action taken by the Member States in order
       to contribute to the achievement of that objective, it is to act in accordance with the
       procedure referred to in Article 251 of the Treaty.
(3)    Article 21 of the Charter of Fundamental Rights of the European Union prohibits any
       discrimination on grounds of sex and Article 23 lays down the principle of equality between
       men and women in all areas.
(4)    Experience of action at Community level has shown that promoting gender equality calls in
       practice for a combination of measures and, in particular, of legislation and practical action
       designed to reinforce one another.
(5)    The Commission's White Paper on European Governance advocates the participation of
       citizens in shaping and implementing policy, the involvement of civil society and civil
       society organisations, and more effective and transparent consultation of interested parties.
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                         L 157/ 20
_______________________________________________________________________________
(6)    The Fourth World Conference on Women held in Beijing adopted on 15 September 1995 a
       Declaration and a Platform for Action calling on governments, the international community
       and civil society to take strategic action to eliminate both discrimination against women and
       the barriers to gender equality.
(7)    By Decision 2001/51/EC 1, the Council established a Community Action Programme
       relating to the Community framework strategy on gender equality. These actions should be
       supplemented by support measures in the areas concerned.
(8)    Budget lines A-3037 (No ABB 040501) and A-3046 (No ABB 040503) of the general
       budget of the European Union for the year 2003 and preceding years were intended to
       support the European Women's Lobby and women's organisations working to promote
       equality between men and women.
(9)    Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the
       Financial Regulation applicable to the general budget of the European Communities 2,
       hereinafter referred to as "the Financial Regulation", requires the adoption of a basic act for
       existing support measures which is in line with its provisions.
(10)   The activities of certain organisations help to promote gender equality, particularly in the
       case of Community measures targeted specifically at women.
1
      OJ L 17, 19.1.2001, p. 22.
2
      OJ L 248, 16.9.2002, p. 1.
 ---pagebreak--- 30.4.2004         EN        Official Journal of the European Union                         L 157/ 21
_______________________________________________________________________________
(11)   The European Women's Lobby, in particular, which comprises most of the women's
       organisations in the 15 Member States and has over 3 000 members, plays a major role in
       promoting, monitoring and disseminating Community measures aimed at women with a
       view to achieving equality between men and women. Its activity serves the general
       European interest.
(12)   Consequently, a structured programme should be adopted to provide financial assistance to
       such organisations in the form of an operating grant for activities with aims of general
       European interest in the area of gender equality or with an objective which forms part of the
       European Union's policy in this area and in the form of certain grants for action.
(13)   This programme covers a wide geographic area owing to the fact that the new Treaty of
       Accession was signed on 16 April 2003 and that the Agreement on the European Economic
       Area (EEA) provides for increased cooperation in the field of gender equality between the
       European Community and its Member States, on the one hand, and the countries of the
       European Free Trade Association (EFTA), on the other. The EEA Agreement lays down the
       procedures for the participation of the EFTA States party to the EEA Agreement in
       Community programmes in this field. Furthermore, this programme should be opened up
       for participation by Romania and Bulgaria, in accordance with the conditions set out in their
       Europe Agreements, in their Additional Protocols and in the decisions of the respective
       Association Councils, and to Turkey in accordance with the conditions laid down in the
       Framework Agreement between the European Community and the Republic of Turkey on
       the general principles for the participation of the Republic of Turkey in Community
       programmes 1.
1
      OJ L 61, 2.3.2002, p. 29.
 ---pagebreak--- 30.4.2004         EN        Official Journal of the European Union                          L 157/ 22
_______________________________________________________________________________
(14)   The specific nature of organisations active at European level in the field of the promotion of
       equality between men and women should be taken into account when laying down the
       procedures for granting such assistance.
(15)   This Decision lays down, for the entire duration of the programme, a financial framework
       constituting the prime reference, within the meaning of point 33 of the Interinstitutional
       Agreement of 6 May 1999 between the European Parliament, the Council and the
       Commission on budgetary discipline and improvement of the budgetary procedure 1, for the
       budgetary authority during the annual budgetary procedure.
(16)   The Joint Declaration of the European Parliament, the Council and the Commission of
       24 November 2003 on the basic acts for grants provides, on an exceptional basis, for
       transitional clauses concerning the period of eligibility of expenditure to be introduced in
       this programme,
HAVE DECIDED AS FOLLOWS:
                                               Article 1
                                     Objective of the programme
1. This Decision hereby establishes a Community Action Programme (hereinafter referred to as
"the programme") to promote organisations active at European level in the field of equality between
men and women.
1
      OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the
      European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).
 ---pagebreak--- 30.4.2004          EN        Official Journal of the European Union                          L 157/ 23
_______________________________________________________________________________
2. The general objective of the programme is to support the activities of such organisations, of
which an ongoing programme of work or a specific action serves the general European interest in
the field of equality between men and women or pursues an objective which is part of the
European Union's policy in this area.
3. The programme shall start on 1 January 2004 and shall end on 31 December 2005.
                                                Article 2
                                        Access to the programme
1. In order to be eligible for a grant, an organisation active at European level in the field of
equality between women and men must comply with the provisions laid down in the Annex and its
activities must:
(a)    contribute to the development and implementation of Community actions to promote equality
       between men and women;
(b)    be in accordance with the principles underlying, and the legal provisions governing,
       Community action in the policy area of equality between men and women;
(c)    have transnational potential.
2. The organisation in question must have been legally established for more than one year, acting
alone or in the form of various coordinated associations.
 ---pagebreak--- 30.4.2004         EN        Official Journal of the European Union                           L 157/ 24
_______________________________________________________________________________
                                                Article 3
                                    Participation of third countries
In addition to organisations established in the Member States, participation in the programme shall
be open to organisations active at European level in the field of equality between men and women
which are established in:
(a)      Accession States which signed the Treaty of Accession on 16 April 2003;
(b)      the EFTA/EEA countries, in accordance with the conditions laid down in the
         EEA Agreement;
(c)      Romania and Bulgaria, on the basis that the conditions for their participation are to be laid
         down in accordance with the European Agreements, their additional Protocols and the
         Decisions of the respective Association Councils;
(d)      Turkey, on the basis that the conditions for its participation are to be laid down in
         accordance with the Framework Agreement between the European Community and the
         Republic of Turkey on the general principles for the participation of the Republic of
         Turkey in Community programmes.
 ---pagebreak--- 30.4.2004         EN          Official Journal of the European Union                         L 157/ 25
_______________________________________________________________________________
                                                 Article 4
                                        Selection of beneficiaries
1. Operating grants shall be awarded directly to the beneficiaries referred to in point 2.1 of the
Annex.
2. The award of an operating grant on the basis of an ongoing programme of work, or the award of
a grant for a specific action, to an organisation which is pursuing an objective of general European
interest forming part of the European Union's policy of promoting equality between men and
women must meet the general criteria laid down in the Annex. Organisations entitled to receive
grants under points 2.2 and 2.3 of the Annex shall be selected following a call for proposals.
                                                 Article 5
                                          Awarding of the grant
1. Operating grants awarded under points 2.1 and 2.2 of the Annex to organisations active at
European level in the field of equality between men and women may cover no more than 80% of
the organisation's total eligible expenditure for the calendar year for which the grant is awarded.
2. Pursuant to Article 113(2) of the Financial Regulation, and by reason of the nature of the
organisations covered by this Decision, a derogation shall be made from the principle of
degressivity for grants awarded under the programme.
 ---pagebreak--- 30.4.2004          EN       Official Journal of the European Union                           L 157/ 26
_______________________________________________________________________________
                                               Article 6
                                         Financial provisions
1. The financial framework for the implementation of the programme for the period from 2004 to
2005 shall be EUR 2,2 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the
financial perspective.
                                               Article 7
                                         Transitional clauses
For grants awarded in 2004, it will be possible for the period of eligibility of expenditure to start on
1 January 2004, provided that the expenditure does not precede the date on which the grant
application was lodged or the date on which the beneficiary's budgetary year starts.
During 2004, in the case of beneficiaries whose budgetary year starts before 1 March, an exception
may be granted to the obligation to sign the grant agreement within the first four months of the start
of the beneficiary's budgetary year, as referred to in Article 112(2) of the Financial Regulation. In
this case, the grant agreement should be signed by 30 June 2004 at the latest.
 ---pagebreak--- 30.4.2004          EN        Official Journal of the European Union                           L 157/ 27
_______________________________________________________________________________
                                                Article 8
                                       Monitoring and evaluation
By 31 December 2006 at the latest, the Commission shall submit a report to the European
Parliament and the Council on the achievement of the objectives of the programme. That report
shall be based on the results obtained by the beneficiaries and shall assess, in particular, their
effectiveness in achieving the objectives set out in Article 1 and the Annex.
                                                Article 9
                                            Entry into force
This Decision shall enter into force on the day following that of its publication in the
Official Journal of the European Union.
It shall apply from 1 January 2004.
Done at Strasbourg, 29.4.2004
       For the European Parliament                                     For the Council
               The President                                            The President
                  P. COX                                               M. McDOWELL
 ---pagebreak--- 30.4.2004         EN        Official Journal of the European Union                           L 157/ 28
_______________________________________________________________________________
                                                                                ANNEX
1.    Activities to be supported
      The general objective laid down in Article 1 is to reinforce Community action in the field of
      equality between men and women and the effectiveness of such action by offering financial
      support to organisations active at European level in the field of equality between women and
      men, including the European Women's Lobby.
1.1. The activities of organisations working to promote equality between men and women which
      may help reinforce and increase the effectiveness of Community action will include the
      following:
      –     the representation of interested parties at Community level,
      –     awareness-raising activities aimed at promoting gender equality, in particular through
            studies, campaigns and seminars,
      –     the dissemination of information on Community action to promote gender equality;
      –     action promoting, inter alia, the reconciliation of working and family life, the
            involvement of women in decision-making, the fight against gender-related violence,
            gender stereotyping and discrimination at work,
      –     measures fostering cooperation with women's organisations in third countries and
            raising awareness of the situation of women worldwide.
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                      L 157/ 29
_______________________________________________________________________________
1.2. Activities carried out by the European Women's Lobby in representing and coordinating
      non-governmental women's organisations, and in relaying information on women to the
      European institutions and non-governmental organisations, will include the following:
      –    following-up the Beijing Platform for Action (United Nations),
      –    working towards improving European legislation on gender equality and the inclusion
           of women in all policy areas,
      –    participation at meetings and conferences on gender equality,
      –    taking action to ensure that the views and interests of women are included in national
           and European policies, in particular by encouraging their participation in
           decision-making,
      –    reinforcing equality between men and women in the EU enlargement process and
           developing cooperation with women's organisations in the acceding Member States.
2.    Carrying-out of the activities to be supported
      The activities carried out by organisations which are eligible to receive a Community grant
      under the programme will come under one of the following strands:
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                        L 157/ 30
_______________________________________________________________________________
2.1. Strand 1: ongoing activities of the European Women's Lobby, whose members are inter alia,
      women's organisations in the Member States of the European Union, subject to observance of
      the following principles:
      –     it must be free to select its members,
      –     it must be free to pursue its activities in accordance with point 1.2.
2.2. Strand 2: ongoing activities of an organisation pursuing an objective of general European
      interest in the field of gender equality or an objective forming part of the European Union's
      policy in this area.
      In accordance with Article 2, this applies to a non-profit-making body carrying out its
      activities exclusively in order to achieve equality between women and men or an organisation
      with a wider aim which carries out part of its activities exclusively to promote equality
      between women and men.
      An annual operating grant may be awarded to support the implementation of such an
      organisation's ongoing programme of work.
2.3. Strand 3: specific actions of an organisation pursuing an objective of general European
      interest in the field of equality between women and men or an objective forming part of the
      European Union's policy in this area.
 ---pagebreak--- 30.4.2004         EN        Official Journal of the European Union                         L 157/ 31
_______________________________________________________________________________
3.    Selection of beneficiaries
3.1. An operating grant may be awarded directly to the European Women's Lobby under Strand 1
      of the programme upon approval of an appropriate workplan and budget.
3.2. Organisations entitled to receive an operating grant under Strand 2 of the programme will be
      selected on the basis of calls for proposals.
3.3. Organisations entitled to receive a grant for specific action under Strand 3 of the programme
      will be selected on the basis of calls for proposals.
4.    Checks and audits
4.1. The beneficiary of an operating grant is to keep available for the Commission all the
      supporting documents, including the audited financial statement, regarding expenditure
      incurred during the grant year, for a period of five years following the last payment. The
      beneficiary of a grant is to ensure that, where applicable, supporting documents in the
      possession of partners or members of the organisations are made available to the Commission.
 ---pagebreak--- 30.4.2004          EN        Official Journal of the European Union                           L 157/ 32
_______________________________________________________________________________
4.2. The Commission may arrange for an audit of the use made of the grant to be carried out either
      by its own staff or by any other qualified outside body of its choice. Such audits may be
      carried out at any time during the lifetime of the grant agreement and during a period of
      five years from the date of payment of the balance. Where appropriate, the audit findings
      may lead to recovery decisions by the Commission.
4.3. Commission staff and outside personnel authorised by the Commission are to have an
      appropriate right of access, in particular to the beneficiary's offices and to all such
      information, including information in electronic format, as may be needed in order to conduct
      such audits.
4.4. The Court of Auditors and the European Anti-Fraud Office (OLAF) are to enjoy the same
      rights, especially of access, as the Commission.
4.5. In order to protect the European Communities' financial interests against fraud and other
      irregularities, the Commission may carry out on-the-spot checks and inspections under the
      programme in accordance with Council Regulation (Euratom, EC) No 2185/96 1. Where
      necessary, investigations shall be conducted by the European Anti-Fraud Office (OLAF) and
      these shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of
      the Council 2.
1
      OJ L 292, 15.11.1996, p. 2.
2
      OJ L 136, 31.5.1999, p. 1.


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31994D0111

94/111/EC: Council Decision of 16 December 1993 on the conclusion of the Customs Convention on the Temporary Importation of Commercial Road Vehicles (1956) and the acceptance of the United Nations' resolution on the applicability of carnets de passage en douane and CPD carnets to commercial road vehicles

Official Journal L 056 , 26/02/1994 P. 0027 - 0027 Finnish special edition: Chapter 2 Volume 11 P. 0067  Swedish special edition: Chapter 2 Volume 11 P. 0067

COUNCIL DECISION of 16 December 1993 on the conclusion of the Customs Convention on the Temporary Importation of Commercial Road Vehicles (1956) and the acceptance of the United Nations' resolution on the applicability of carnets de passage en  douane and CPD carnets to commercial road vehicles (94/111/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community and in particular Article 113, in conjunction with Article 228 (2) thereof,  Having regard to the proposal from the Commission,  Whereas the Customs Convention on the Temporary Importation of Commercial Road Vehicles, negotiated under the auspices of the United Nations Organization and signed in Geneva on 18 May 1956, covers temporary import conditions and procedures for  commercial road vehicles in the customs territories of the Community and third countries and is a customs agreement which could effectively help expand international trade;  Whereas under Article 33 (2 bis), the Convention is open to accession by regional economic integration organizations;  Whereas moreover, all Member States of the Community are Contracting Parties to the Convention;  Whereas, if the Community is to become a Contracting Party, it must deposit an accession instrument with the Secretary-General of the United Nations Organization;  Whereas the current Community provisions on the temporary importation of road vehicles for commercial use comply with those of the Convention and there is therefore no need to enter any reservations with regard to Article 38 of the Convention;  Whereas it is appropriate to approve the Convention;  Whereas, it would be appropriate to accept at the same time the United Nations' resolution of 2 July 1993 on the applicability of carnets de passage en douane and CPD carnets to commercial road vehicles,  HAS DECIDED AS FOLLOWS:   Article 1  1.  The Customs Convention on the Importation of Commercial Road Vehicles is hereby approved on behalf of the Community.  The text of the Convention appears in Annex I.  2.  The United Nations' resolution of 2 July 1993 on the applicability of carnets de passage en douane and CPD carnets to commercial road vehicles are hereby accepted by the Community, subject to the conditions set out in Annex II to this Decision.   Article 2  1.  The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of accession to the Convention on behalf of the Community.  2.  The person so designated shall notify the Secretary-General of the United Nations of the acceptance of the resolution.  3.  The Commission is hereby authorized to transmit to the Secretary-General of the United Nations the information provided for in Article 33 (2)(bis) of the Convention, after first consulting the Member States and depositing the instrument of accession  referred to in paragraph 1.  Done at Brussels, 16 December 1993.  For the Council The President R. URBAIN


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31985D0149

85/149/EEC: Council Decision of 18 February 1985 concerning the conclusion of the Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of wood as a renewable raw material

Official Journal L 058 , 26/02/1985 P. 0021 Spanish special edition: Chapter 16 Volume 1 P. 0218  Portuguese special edition Chapter 16 Volume 1 P. 0218

*****COUNCIL  DECISION  of 18 February 1985  concerning the conclusion of the Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of wood as a renewable raw material  (85/149/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 82/402/EEC of 17 May 1982 adopting a research and development programme (1982 to 1985) in the raw materials sector (1), including a subprogramme on wood as a renewable raw material, and in particular Article 7 (1) thereof,  Having regard to Council Decision 83/329/EEC of 14 June 1983 on the conclusion of the Cooperation Agreement between the European Economic Community and the Kingdom of Sweden on a European research and development programme in the field of wood as a renewable raw material (2),  Having regard to the draft Decision submitted by the Commission,  Whereas, pursuant to Article 7 (2) of Decision 82/402/EEC and Article 10 (3) of the abovementioned Agreement, the Commission has negotiated an Agreement with the Swiss Confederation in order to coordinate the European programme and the Swiss programme; whereas this Agreement should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of wood as a renewable raw material 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 7 (1) of the Agreement (3).  Done at Brussels, 18 February 1985.  For the Council  The President  G. ANDREOTTI  (1) OJ No L 174, 21. 6. 1982, p. 23.  (2) OJ No L 185, 8. 7. 1983, p. 20.  (3) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


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32001D0591

2001/591/EC: Council Decision of 18 June 2001 on the conclusion of the Agreement between the European Community and the Republic of Estonia concerning the participation of the Republic of Estonia in the European Environment Agency and the European environment information and observation network

Official Journal L 213 , 07/08/2001 P. 0083 - 0083

Council Decisionof 18 June 2001on the conclusion of the Agreement between the European Community and the Republic of Estonia concerning the participation of the Republic of Estonia in the European Environment Agency and the European environment information and observation network(2001/591/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1), 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(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The European Environment Agency and the European environment information and observation network were established by Regulation (EEC) No 1210/90(3).(2) The Luxembourg European Council (December 1997) made participation in the Community programmes and agencies a way of stepping up the pre-accession strategy for the central and east European countries. In the case of the agencies, the European Council's conclusions provide that "the Community agencies in which applicant countries will be able to participate will be determined on a case-by-case basis".(3) The Helsinki European Council (December 1999) reaffirmed the inclusive nature of the accession process, which now comprises 13 candidate countries within a single framework with the candidate countries participating in the accession process on an equal footing.(4) The Council, on 14 February 2000, authorised the Commission to conduct negotiations on the participation in the European Environment Agency of the countries applying for accession. The Commission signed the Final Act of the negotiations on 9 October 2000.(5) The Agreement as referred to in this Decision should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Republic of Estonia concerning the participation of the Republic of Estonia in the European Environment Agency and the European environment information and observation network is approved on behalf of the Community.The text of the Agreement is set out as an Annex to this Decision.Article 2The President of the Council is authorised to designate the person(s) empowered to deposit the notification provided for in Article 18 of the Agreement.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 18 June 2001.For the CouncilThe PresidentM. Winberg(1) OJ C 120 E, 24.4.2001, p. 259.(2) Opinion delivered 31.5.2001 (not yet published in the Official Journal).(3) OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 933/1999 (OJ L 117, 5.5.1999, p. 1).


title: Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania

text:
               19.10.2017

               EN

               Official Journal of the European Union

               L 269/39

         COUNCIL DECISION (EU) 2017/1908
   of 12 October 2017
   on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(2) thereof,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               According to the first subparagraph of Article 4(2) of the 2005 Act of Accession, the provisions of the Schengen acquis other than those listed in Annex II to that Act, to which Bulgaria and Romania accede upon accession, are to apply in Bulgaria and Romania pursuant to a Council decision to that effect after verification that the necessary conditions for the application of all parts of the Schengen acquis have been met.

               (2)

               On 9 June 2011, the Council concluded, in accordance with the applicable Schengen evaluation procedures, that the conditions in all the areas of the Schengen acquis relating to Air Borders, Land Borders, Police Cooperation, Data Protection, the Schengen Information System, Sea Borders and Visas had been fulfilled by Bulgaria and Romania.

               (3)

               A simplified regime for controls of persons at the external borders was introduced in accordance with Decision No 565/2014/EU of the European Parliament and of the Council (2). That regime is based on the unilateral recognition by Bulgaria, Croatia, Cyprus and Romania of certain documents, notably Schengen visas, as equivalent to their national visas for transit through or intended stays on their territories, not exceeding 90 days in any 180-day period.

               (4)

               It is appropriate, as from the entry into force of this Decision, to allow Bulgaria and Romania access to consult, in a read-only mode, the Visa Information System (VIS) data without the right to enter, amend or delete data in the VIS. This is to facilitate their national visa application procedure to prevent fraud and any abuse of Schengen visas by verifying their validity and authenticity against the data stored in the VIS, to facilitate — with regard to third country nationals holding a Schengen visa — checks at border crossing points at external borders and within the territory of the Member States, to facilitate the determination of the Member State responsible for applications for international protection, to facilitate the examination of such applications, and to increase the level of internal security in the territory of the Member States by facilitating the fight against serious crime and terrorism. The access for the consultation and use of the VIS data should also assist in the identification of any person who may not, or may no longer, fulfil the conditions for entry to, or stay in, the territory of the Member States concerned.

               (5)

               It is therefore desirable to adopt a decision putting into effect the corresponding provisions of the VIS as referred to in the Annex, as well as all the subsequent developments of those provisions. The putting into effect of such provisions should be limited to the extent that they are related to the access for the consultation of VIS data in read-only format. Therefore, Bulgaria and Romania should be authorised to access the VIS data for consultation and in accordance with the procedures and conditions specified in the provisions put into effect. The Annex should contain the relevant acquis related to the access for consultation of VIS data. However, Regulation (EU) No 1077/2011 of the European Parliament and of the Council (3), Council Decision 2004/512/EC (4) and Commission Decision 2006/648/EC (5) already apply to Bulgaria and Romania. Therefore, they are not included in the Annex.

               (6)

               It is also desirable to set a date from which those provisions of the Schengen acquis relating to the VIS should start to apply as determined in accordance with Regulation (EC) No 767/2008 of the European Parliament and of the Council (6) with regard to Bulgaria and Romania. This should happen as soon as Bulgaria and Romania have notified the Commission that all related comprehensive testing to be carried out by eu-LISA has been successfully completed.

               (7)

               The lifting of checks at internal borders of the Member States concerned and their full participation in the Schengen acquis relating to the common policy on visas should be subject to a separate decision of the Council adopted by unanimity in accordance with Article 4(2) of the 2005 Act of Accession. Until the adoption of that decision, which will put into effect the provisions applicable in the field of short-stay visas other than those listed in the Annex to this Decision with regard to Bulgaria and Romania, and which include notably the Visa Code (7) and the provisions adopted for the purpose of its implementation, Bulgaria and Romania are not permitted to issue Schengen visas and are to continue to issue short-stay visas under their national law. Until the date set out in that Decision, restrictions on the use of the VIS resulting from this Decision, notably those concerning the right to introduce relevant data to it, should be maintained.

               (8)

               However, it is desirable to grant to the competent visa authorities of Bulgaria and Romania during that transitional period, access for consultation to VIS data in read-only format for the purposes of the examination of applications for short-stay visas issued by them under their national law and the decisions relating to those applications. This is to include the decision of whether to annul, revoke, extend or shorten the validity of the visa issued in accordance with their relevant national provisions.

               (9)

               Given that the verification in accordance with the applicable Schengen evaluation procedures concerning Bulgaria and Romania has already been completed pursuant to Article 4(2) of the 2005 Act of Accession, the verification under Article 1(1)(b) of Council Regulation (EU) No 1053/2013 (8) will not be carried out in respect of those Member States. Following the adoption of this Decision, the provisions listed in the Annex should only come into effect after Bulgaria and/or Romania have successfully undergone comprehensive tests carried out by eu-LISA and after these have been duly notified to the Commission. Moreover, it is desirable that Bulgaria and Romania invite experts from Member States and the Commission to perform reviews of the application of those provisions.

               (10)

               As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis
                   (9) which fall within the area referred to in Article 1, points B and G of Council Decision 1999/437/EC (10).

               (11)

               As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
                   (11) which fall within the area referred to in Article 1, points B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (12).

               (12)

               As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
                   (13) which fall within the area referred to in Article 1, points B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (14),

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The provisions of the Schengen acquis relating to the VIS referred to in the Annex shall apply to Bulgaria and Romania, amongst themselves and in their relations with the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden as well as with the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation. These provisions shall apply following the successful completion of all related comprehensive tests with regard to the provisions listed in the Annex to be carried out by eu-LISA, Bulgaria and Romania and the Commission being notified that those tests have been successfully completed. In addition, Bulgaria and Romania may invite experts from Member States and the Commission to perform reviews of the application of those provisions.
   2.   Until the adoption of the Council decision lifting the checks at internal borders of the Member States, the competent visa authorities of Bulgaria and Romania may access the VIS for consultation in read-only format, for the purposes of:

               (a)

               the examination of applications for short-stay visas to be issued by Bulgaria and Romania under their national law;

               (b)

               deciding upon those applications, including the decision whether to annul, revoke, extend or shorten the validity of the visa issued in accordance with their relevant national provisions.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from the date, to be determined by the Commission, when Bulgaria and Romania notify the Commission that the comprehensive tests referred to in Article 1(1) have been successfully completed.
   Article 3
   This Decision shall apply in accordance with the Treaties.

      Done at Luxembourg, 12 October 2017.

            For the Council

            The President

         U. REINSALU

      (1)  Opinion delivered on 4 October 2017 (not yet published in the Official Journal).

      (2)  Decision No 565/2014/EU of the European Parliament and of the Council of 15 May 2014 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Bulgaria, Croatia, Cyprus and Romania of certain documents as equivalent to their national visas for transit through or intended stays on their territories not exceeding 90 days in any 180-day period and repealing Decisions No 895/2006/EC and No 582/2008/EC (OJ L 157, 27.5.2014, p. 23).

      (3)  Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p. 1).

      (4)  Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p. 5).

      (5)  Commission Decision 2006/648/EC of 22 September 2006 laying down the technical specifications on the standards for biometric features related to the development of the Visa Information System (OJ L 267, 27.9.2006, p. 41).

      (6)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).

      (7)  Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).

      (8)  Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).

      (9)  OJ L 176, 10.7.1999, p. 36.

      (10)  Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

      (11)  OJ L 53, 27.2.2008, p. 52.

      (12)  Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

      (13)  OJ L 160, 18.6.2011, p. 21.

      (14)  Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

      ANNEX

         List of the provisions of the Schengen acquis related to VIS to be rendered applicable to Bulgaria and Romania

                  1.

                  Articles 1 and 126 to 130 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (‘the Schengen Convention’) (OJ L 239, 22.9.2000, p. 19) to the extent that they relate to other provisions referred to in this Annex;

                  2.

                  Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p. 5);

                  3.

                  The following provisions of Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60):

                              —

                              Chapter I with the exception of Article 6(1)

                              —

                              Article 15, which shall apply mutatis mutandis to the examination of applications for short-stay visas to be issued by Bulgaria and Romania under their national law, including decisions regarding those applications

                              —

                              Chapter III

                              —

                              Chapter V, with the exclusion of Article 31(2) and (3)

                              —

                              Chapter VI and VII with the exception of Article 50(6)

                  4.

                  Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129);

                  5.

                  Article 21(2), Article 37(1) and 43(5) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1);

                  6.

                  Commission Decision 2009/756/EC of 9 October 2009 laying down specifications for the resolution and use of fingerprints for biometric identification and verification in the Visa Information System (OJ L 270, 15.10.2009, p. 14);

                  7.

                  Commission Decision 2009/876/EC of 30 November 2009 adopting technical implementing measures for entering the data and linking applications, for accessing the data, for amending, deleting and advance deleting of data and for keeping and accessing the records of data processing operations in the Visa Information System (OJ L 315, 2.12.2009, p. 30), to the extent that this Decision relates to the examination of visa applications;

                  8.

                  Title II and the Annexes to Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1) to the extent that they relate to VIS.


title: 2013/16/EU: Decision of the European Parliament and of the Council of 12 December 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/018 ES/País Vasco Productos metálicos from Spain)

text:
               12.1.2013

               EN

               Official Journal of the European Union

               L 8/15

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 12 December 2012
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/018 ES/País Vasco Productos metálicos from Spain)
   (2013/16/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to 30 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Spain submitted an application on 28 December 2011 to mobilise the EGF, in respect of redundancies in 423 enterprises operating in the NACE Revision 2 Division 25 (‘Manufacture of fabricated metal products, except machinery and equipment’) in the NUTS II region of País Vasco (ES21), and supplemented it by additional information up to 5 September 2012. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 299 545.

               (5)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 299 545 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 12 December 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ C 139, 14.6.2006, p. 1.

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