title: 2005/16/EC: Council Decision of 22 December 2004 amending Decision 2003/631/EC adopting measures concerning Liberia under Article 96 of the ACP-EC Partnership Agreement in a case of special urgency

text:
               12.1.2005

               EN

               Official Journal of the European Union

               L 8/12

      COUNCIL DECISION

   of 22 December 2004
   amending Decision 2003/631/EC adopting measures concerning Liberia under Article 96 of the ACP-EC Partnership Agreement in a case of special urgency
   (2005/16/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the ACP-EC Partnership Agreement, which entered into force on 1 April 2003, and in particular Article 96 thereof,
   Having regard to the Internal agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (1), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Council Decision 2002/274/EC of 25 March 2002 concluding consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement (2), provides for the adoption of the appropriate measures within the meaning of Article 96(2)(c) and of Article 97(3) of the ACP-EC Partnership Agreement.

               (2)

               Council Decision 2003/631/EC of 25 August 2003 adopting measures concerning Liberia under Article 96 of the EC-ACP Partnership Agreement in a case of special urgency (3), provides for the adoption of new appropriate measures within the meaning of Article 96(2)(c) and of Article 97(3) of the ACP-EC Partnership Agreement.

               (3)

               The current conditions in Liberia do not yet ensure respect for democratic principles, governance and the rule of law.

               (4)

               It is consequently necessary to extend the validity period of the measures provided for in Decision 2003/631/EC and to continue the intensive political dialogue with the Government of Liberia,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The measures referred to in Article 1 of Decision 2003/631/EC shall expire on 30 June 2006. This date does not preclude any specific expiry date contained in the financial instruments covered by this Decision.
   The letter appearing in the Annex to this Decision shall be addressed to the Minister of Foreign Affairs of Liberia.
   Article 2
   The outcome of the consultations, as set out in the draft letter annexed to Decision 2002/274/EC, shall remain unaffected.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 December 2004.

            For the Council

            The President

         C. VEERMAN

      (1)  OJ L 317, 15.12.2000, p. 376.

      (2)  OJ L 96, 13.4.2002, p. 23.

      (3)  OJ L 220, 3.9.2003, p. 3.

      ANNEX

                  HE Mr Thomas Nimely Yaya

                  Minister of Foreign Affairs

                  Monrovia

                  Liberia

            Dear Minister,
      With its letter reference SGS3/7429 of 27 August 2003, the European Union informed the government of Liberia of its intentions to accompany the Liberian peace process on the basis of the Comprehensive Peace Agreement. The letter also stipulated that the European Union would closely follow the political development and transitional reform in your country and continue the intensive political dialogue on the basis of Article 8 of the ACP-EC Partnership Agreement and the outcome of the consultations as set out in our letter reference SGS 272745 of 27 March 2002.
      More than a year has passed since the National Transitional Government of Liberia took office following the signing of the Accra Comprehensive Peace Agreement in August 2003. It is now time to take stock of progress in the implementation of the comprehensive peace agreement and the undertakings that resulted from the aforementioned consultations.
      The European Union is pleased to note at this juncture that security and calm have returned to the country and that some initial steps to introduce democratic change and to reform the functioning of the public sector have been made. Serious concerns remain, however, over public finance and macro-economic management by the National Transitional Government of Liberia and the State-owned enterprises, and over the increasing level of corruption. Furthermore, the commissions created under the Comprehensive Peace Agreement have to date shown insufficient progress in the implementation of their mandates to improve governance and accountability. Further steps in addressing human rights issues are also required.
      In the light of the above, the European Union considers that the National Transitional Government of Liberia is not fully functional and operational and the appropriate measures can therefore not yet be completely revoked. This will be done once a democratically elected and accountable President and government have been installed.
      For this reason, the European Union has decided that Council Decision 2003/631/EC of 25 August 2003 shall be extended for a period of 18 months. During this period our intensive political dialogue should continue, on the basis of Article 8 of the ACP-EC Partnership Agreement and on the basis of the outcome of the consultations as set out in our letter reference SGS 272745 of 27 March 2002, with a view to continue improving respect for human rights, democracy, rule of law, and good governance. The dialogue shall involve the Presidency of the European Union and the European Commission and include six-monthly political reviews.
      Meanwhile, on the basis of the appropriate measures defined in Council Decision 2003/631/EC of 25 August 2003, support for the peace process and the Results Focused Transitional Framework shall continue.
      Yours faithfully,

            For the Commission

            For the Council


title: 2009/492/EC: Commission Decision of 22 June 2009 on a Community financial contribution towards Trust Fund 911100MTF/INT/003/EEC (TFEU 970089129) to assist the campaign against foot-and-mouth disease outside the Community

text:
               26.6.2009

               EN

               Official Journal of the European Union

               L 164/64

      COMMISSION DECISION

   of 22 June 2009
   on a Community financial contribution towards Trust Fund 911100MTF/INT/003/EEC (TFEU 970089129) to assist the campaign against foot-and-mouth disease outside the Community
   (2009/492/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 13 thereof,
   Whereas:

               (1)

               Decision 90/424/EEC lays down the procedure governing the Community’s financial contribution towards specific veterinary measures. Those measures are to include the campaign against foot-and-mouth disease. That Decision provides that any measure decided by the Community to assist the campaign against foot-and-mouth disease outside the Community, in particular with the view to protect areas at risk within the Community, may receive a Community financial contribution.

               (2)

               In the context of major epidemics of foot-and-mouth disease (FMD) in the late 1950s both within the Community and in neighbouring countries, the European Commission for the Control of Foot-and-Mouth Disease (EUFMD) was founded within the framework of the Food and Agriculture Organisation (FAO) of the United Nations.

               (3)

               In the 1960s, due to increased threats from the introduction of exotic strains of FMD into Europe, the Member Countries of the EUFMD were called to establish a Trust Fund aimed at emergency measures to be carried out in the Balkans, the main entrance route of the disease. That fund was later divided into Trust Fund 911100MTF/003/EEC supported by those Member Countries that were at the same time Member States of the Community and Trust Fund 909700MTF/004/MUL supported by member countries of EUFMD which at that time were not or are still not Member States of the Community.

               (4)

               Article 4 of Council Directive 90/423/EEC (2) provided for the cessation of prophylactic vaccination against FMD throughout the Community in 1991.

               (5)

               Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease (3) reconfirmed the prohibition of prophylactic vaccination while extending the possibility for the use of emergency vaccination against FMD.

               (6)

               A number of outbreaks of FMD reported since 1992, in particular in parts of the Community adjacent to endemically infected third countries, and a major epidemic in certain Member States in 2001 necessitate a high level of disease awareness and preparedness, including international cooperation.

               (7)

               In addition, outbreaks and, in some cases, severe epidemics have been recorded in third countries neighbouring the Member States during recent years which are liable to threaten the health status of Community susceptible livestock.

               (8)

               In the light of the emergence of new virus topotypes and regional deterioration of control measures, the Community, in close cooperation with the EUFMD and by using the Trust Fund 911100MTF/003/EEC, supported emergency vaccination campaigns in Turkey and in Transcaucasia.

               (9)

               The Community and the United Nations signed on 29 April 2003 a Financial and Administrative Framework Agreement, which provided the enabling environment for the Agreement between the Commission of the European Communities and the Food and Agriculture Organisation of the United Nations, signed on 17 July 2003.

               (10)

               In accordance with Commission Decision 2005/436/EC of 13 June 2005 on Community cooperation with the Food and Agriculture Organisation with particular regard to activities carried out by the European Commission for the Control of Foot-and-Mouth Disease (4) the Commission concluded the ‘Implementing Agreement MTF/INT/003/EEC911100 (TFEU970089129) on EC Funded Permanent Activities carried out by the FAO European Commission for the Control of Foot-and-Mouth Disease’ which was signed on 1 September 2005 and operated from 1 January 2005 until 31 December 2008.

               (11)

               It is appropriate to renew that Implementing Agreement and fix the Community contribution to the Trust Fund 911100MTF/INT/003/EEC.

               (12)

               In view of the successive enlargements of the European Union of 2004 and 2007, it is appropriate that that Community contribution be fixed at a maximum level of EUR 8 000 000 for a period of four years. The budget of the Trust Fund for 2009 should be made up of the final balance of its funds on 31 December 2008 and a Community contribution to bring the amount to an equivalent in USD of EUR 2 000 000. Subsequently expenditure should be replenished by annual transfers.

               (13)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The balance of Trust Fund 911100MTF/INT/003/EEC (TFEU 970089129) (the Trust Fund) as at 31 December 2008 shall be fixed at EUR 677 855.
   2.   The financial contribution from the Community to the Trust Fund shall be set at a maximum of EUR 8 000 000 for a period of four years from 1 January 2009.
   3.   The first instalment of the amount referred to in paragraph 2 for the year 2009 shall be made up of:

               (a)

               the balance referred to in paragraph 1;

               (b)

               a Community contribution of the amount necessary to bring the total amount of the Trust Fund to an equivalent in USD of EUR 2 000 000.

         4.   Expenditure incurred by the Trust Fund during the years 2009, 2010, 2011 and 2012 shall be replenished by annual Community contributions payable in 2010, 2011, 2012 and 2013 respectively. However, the payment of those contributions shall be subject to the existence of available funds in the Community budget.
   5.   The annual Community contributions provided for in paragraph 4 shall be based on the financial report produced by the European Commission for the Control of Foot-and-Mouth Disease (EUFMD) to either the annual Session of the Executive Committee or the biennial General Session of EUFMD, supported by detailed documentation in accordance with the rules of the Food and Agriculture Organisation (FAO).
   Article 2
   1.   An Implementing Agreement on the use and operation of the Trust Fund shall be concluded between the Commission and FAO for the period of four years, starting on 1 January 2009.
   2.   The Trust Fund shall be operated jointly by the Commission and the EUFMD in accordance with the Implementing Agreement referred to in paragraph 1.

      Done at Brussels, 22 June 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19.

      (2)  OJ L 224, 18.8.1990, p. 13.

      (3)  OJ L 306, 22.11.2003, p. 1.

      (4)  OJ L 151, 14.6.2005, p. 26.


title: Decision No E1 of 12 June 2009 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               24.4.2010

               EN

               Official Journal of the European Union

               C 106/9

         DECISION No E1
   of 12 June 2009
   concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/03
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
   Having regard to Article 72(d) of Regulation (EC) No 883/2004 on the coordination of social security systems, under which the Administrative Commission shall encourage as far as possible the use of new technologies,
   Having regard to Article 4 of Regulation (EC) No 987/2009, under which the ‘The transmission of data between the institutions or the liaison bodies shall be carried out by electronic means …’ and ‘The Administrative Commission shall lay down the structure, content, format and detailed arrangements for exchange of documents and structured electronic documents’,
   Having regard to Article 95 of Regulation (EC) No 987/2009, concerning the transitional period, stating that ‘Each Member State may benefit from a transitional period for exchanging data by electronic means …’ and that ‘These transitional periods shall not exceed 24 months from the date of entry into force of the implementing Regulation’,
   Whereas:

               (1)

               Article 95 of Regulation (EC) No 987/2009 empowers the Administrative Commission to lay down the practical arrangements for any necessary transitional periods, with a view to ensuring the necessary data exchange for the application of the basic Regulation and the implementing Regulation.

               (2)

               It is necessary to clarify the basic principles to be applied by institutions during the transitional period.

               (3)

               It is anticipated that after the date of entry into force of the new Regulations there will still be a significant number of claims in progress where entitlement arose under Council Regulation (EEC) No 1408/71 (3) before this date and that in relation to these claims it is proposed that the exchange of information will generally be based on the procedures contained in Regulation (EEC) No 1408/71 and Council Regulation (EEC) No 574/72 (4), including the use of E-forms.

               (4)

               Article 94(1) of Regulation (EC) No 987/2009 implies that a ‘double award’ is made in the circumstances of the previous recital, with the beneficiary receiving the higher award.

               (5)

               However, in practice, in the large majority of cases, if not all, an award based on the former Regulations will not be improved by the application of the new Regulations. It is considered accordingly that it is unrealistic to expect institutions in these circumstances to undertake duplicate procedures under Regulations (EEC) No 574/72 and (EC) No 987/2009.

               (6)

               Paragraph 5 of Decision No H1 (5) clarifies the status of certificates (E-forms) and the European Health Insurance Card (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009.

               (7)

               Within the transitional period it is entirely up to Member States to decide when they are ready to join the Electronic Exchange of Social Security Information (EESSI) as a whole or sector by sector.
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

         HAS DECIDED AS FOLLOWS:

               1.

               During the transitional period, the guiding principle shall be good cooperation between institutions, pragmatism and flexibility. Above all, the need to guarantee a seamless transition for citizens exercising their rights under the new Regulations is paramount.

               2.

               As from the date of entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009, paper versions of the Structured Electronic Documents (SEDs) will replace the E-forms based on Regulations (EEC) No 1408/71 and (EEC) No 574/72.

               3.

               Notwithstanding paragraph 2, Member States that have national electronic applications which produce E-forms or that have electronic exchanges in place (for example the Build projects), which cannot reasonably be changed in this time-frame, may continue to use them during the transitional period, as long as the rights of citizens under the new Regulations are fully guaranteed.

               4.

               In all cases, during the transitional period, an institution shall accept relevant information on any document issued by another institution, even if it is based on an outdated format, content or structure. In case of doubts concerning the rights of the citizen concerned, the institution shall contact the issuing institution in the spirit of good cooperation.

               5.

               As stated under paragraph 5 of Decision No H1, E-forms, documents and European Health Insurance Cards (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009 shall continue to be valid and be taken into account by the authorities of other Member States even after that date, until their own date of validity has expired or until they are withdrawn or replaced by the documents issued or communicated under Regulations (EC) No 883/2004 and (EC) No 987/2009.

               6.

               Each Member State may follow a flexible phased approach, sector by sector, in implementing the Electronic Exchange of Social Security Information (EESSI), as it becomes EESSI-enabled via its access point(s). A Member State may also choose to join EESSI only when all its sectors are enabled.

               7.

               Being ‘EESSI-enabled’ means that the sector/access point concerned can both send and receive all messages in that sector to/from other Member States’ access points.

               8.

               The information on which sector in which Member State is connected to EESSI shall be contained in a list accessible to national institutions and also reflected in the EESSI Directory. Member States shall inform the Administrative Commission in writing before the date of connection accordingly.

               9.

               During the transitional period the exchange of information between two Member States within a sector shall be either under EESSI or outside EESSI; there shall be no ‘mix and match’, without prejudice to any bilateral arrangements that may, for instance, concern joint testing or training or analogous reasons.

               10.

               A standardised layout for paper SEDs, to be agreed on by the Administrative Commission, shall be made accessible to institutions.

               11.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Gabriela PIKOROVÁ

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.

      (3)  OJ L 149, 5.7.1971, p. 2.

      (4)  OJ L 74, 27.3.1972, p. 1.

      (5)  See page 13 of this Official Journal.


Avis juridique important

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31999D0065

1999/65/EC: Council Decision of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998-2002)

Official Journal L 026 , 01/02/1999 P. 0046 - 0055

COUNCIL DECISION of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998-2002) (1999/65/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130j and the second paragraph of Article 130o thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),(1) Whereas the fifth framework programme of the European Community for research, technological development and demonstration activities (1998 to 2002) (hereinafter referred to as 'the fifth framework programme`) was adopted by Decision No 182/1999/EC of the European Parliament and Council (4); whereas the detailed rules for financial participation by the Community, as set out in Annex IV to that Decision, must be supplemented by other provisions to be laid down in accordance with Article 130j and the second paragraph of Article 130o of the Treaty;(2) Whereas the new provisions should be part of a complete, coherent and transparent framework so that the specific programmes implementing the fifth framework programme may be carried out in a harmonised manner;(3) Whereas the rules for the participation of undertakings, research centres and universities must be adapted to the nature of the research and technological development activities, including demonstration activities (hereinafter referred to as 'indirect RTD actions`); whereas, moreover, they may vary depending on whether the participant is based in a Member State, an Associated State or a third country and on its legal structure;(4) Whereas, under the fifth framework programme, the participation of legal entities of third countries should be envisaged, including on the basis of international agreements; whereas, however, the agreements concluded with the Community, in particular on the basis of Article 130m of the Treaty, must be implemented in accordance with the principle of reciprocity and the protection of intellectual and industrial property rights; whereas the Community's legal entities must accordingly enjoy genuine access to the research programmes of the third country concerned;(5) Whereas, in the specific case of small and medium-sized enterprises, particular stress should be laid on indirect RTD actions designed to encourage their participation, since they can contribute to the creation and maintenance of jobs and to innovation;(6) Whereas the Joint Research Centre (JRC) takes part in indirect RTD actions on the same basis as legal entities established in a Member State or in an Associated State;(7) Whereas the rules should be applied in a simple and efficient manner so as to minimise the administrative and financial burden on participants and the Commission, particularly with respect to the time taken to prepare proposals, conclude contract negotiations and make reimbursements;(8) Whereas the Community financial participation must be paid to the participants against justification of the eligible costs of the indirect RTD action, although other more appropriate methods may be used;(9) Whereas the RTD activities should be carried out in compliance with ethical principles;(10) Whereas the rules for the dissemination of research results must guarantee the protection of rights linked to obtaining and using knowledge;(11) Whereas the rules must take account of the interests of the Community and the legitimate interests of the parties to any contract concluded as a result of the selection of the proposal for an indirect RTD action;(12) Whereas, in the case of indirect RTD actions, the rules must, generally speaking, be adapted to the level of the Community financial participation or the proximity to the market of the RTD activity in question, including demonstration;(13) Whereas ownership of the knowledge resulting from indirect RTD actions is normally determined in accordance with the level of Community financial participation;(14) Whereas, in the case of indirect RTD actions, the knowledge must be used or, failing that, disseminated;(15) Whereas the primary responsibility for dissemination or use of research results rests with the contractors; whereas for projects closer to the market the rules must promote the use of results suitable for exploitation by the contractors; whereas the rules must otherwise promote the dissemination of suitable results, including those suitable for use which have not been exploited, to third parties, including Member States' and Associated States' governments, so as to facilitate the use of those results and avoid duplication of research efforts;(16) Whereas agreements concerning exclusive rights may be necessary to facilitate exploitation of the knowledge; whereas such agreements must comply with the applicable rules on competition;(17) Whereas, in the case of certain indirect RTD actions, a technological implementation plan must be produced by the contractors to enable the Commission to monitor the use and dissemination of the knowledge;(18) Whereas RTD activities should be carried out in accordance with the principles of sound financial management;(19) Whereas, to the extent necessary for achieving their objectives, the specific programmes may set out in greater detail or supplement the rules for the participation of undertakings, research centres and universities and for the dissemination of research results;(20) Whereas, in order to ensure coherence between the activities carried out under the fifth framework programme and those undertaken pursuant to Council Decision 1999/64/Euratom of 22 December 1998 concerning the fifth framework programme of the European Atomic Energy Community (Euratom) for research and training activities (1998-2002) (5), this Decision and Council Decision 1999/66/Euratom of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities and for the implementation of the fifth framework programme of the European Atomic Energy Community (Euratom) (1998 to 2002) (6) should be adopted simultaneously and for the same period,HAS DECIDED AS FOLLOWS:CHAPTER I GENERAL PROVISIONS Article 1 Definitions For the purposes of this Decision:(a) RTD activities means the research and technological development activities, including demonstration activities, described in Annex II to the fifth framework programme;(b) indirect RTD actions means one of the two ways of implementing RTD activities, as described in Annex IV to the fifth framework programme. Such actions are carried out by third parties under contracts concluded with the Community; the JRC may take part in such actions under the conditions laid down in Article 7;(c) direct RTD actions means one of the two ways of implementing RTD activities, as described in Annex IV to the fifth framework programme. Such actions are carried out by the JRC;(d) Associated State means a State which is party to an international agreement concluded with the Community, in particular on the basis of Article 130m of the Treaty, under which the State concerned makes a financial contribution to the fifth framework programme. The said agreement relates to cooperation in research, technological development and demonstration;(e) third country means a country which is neither a Member State nor an Associated State;(f) legal entity means:- any natural person, or- any legal person, provided that it has been established under Community law or the applicable national law and has been given legal personality or has the capacity, in its own name, to hold rights and obligations of all kinds, to conclude contracts and to be a party to legal proceedings;(g) international organisation means any association of States, other than the Community, established on the basis of a Treaty or similar act, having common institutions and an international legal personality distinct from that of its Member States;(h) potential user of RTD results means any legal entity, any international organisation or the JRC which, by virtue of its needs and capabilities - whether scientific, technological, economic or social - has a specific contribution to make to the use or the ensuring of the use of the results of indirect RTD actions;(i) small and medium-sized enterprises (hereinafter referred to as 'SMEs`) means enterprises which meet the criteria set out in Commission Recommendation 96/280/EC, (7) namely:- have fewer than 250 employees (full-time equivalents), and- have either an annual turnover not exceeding ECU 40 million or an annual balance-sheet total not exceeding ECU 27 million, and- conform to the criterion of independence as defined in the Recommendation;(j) knowledge means the results, including information, which result from RTD actions under the fifth framework programme;(k) dissemination means the disclosure of knowledge by any appropriate means other than the publication resulting from the formalities for protecting the knowledge, for the purposes of promoting scientific and technical progress;(l) use means the direct or indirect use of knowledge in research activities or for the purposes of exploitation;(m) exploitation means the use of knowledge for creating and marketing a product or process or for creating and providing a service;(n) pre-existing know-how means the information which is held by the proposes prior to the conclusion of a contract referred to in Article 12 of this Decision or acquired in parallel to it and necessary for the proper execution of an indirect RTD action, and the rights attaching thereto.Article 2 Interests of the Community The interests of the Community, as referred to in Articles 6, 15, 16, 17, 18 and 20, shall be assessed with particular regard to:(a) the objective of strengthening the international competitiveness of Community industry;(b) the objective of providing appropriate incentives for maintaining and creating jobs in the Community;(c) the objective of promoting sustainable development and improving the quality of life in the Community;(d) the needs of other Community policies in support of which the RTD actions are carried out;(e) the existence of scientific and technical cooperation agreements between the Community and third countries or international organisations.CHAPTER II RULES FOR THE PARTICIPATION OF UNDERTAKINGS, RESEARCH CENTRES AND UNIVERSITIES Article 3 Scope The rules laid down in this Chapter shall apply to the participation of legal entities and international organisations and of the JRC in indirect RTD actions.Section 1 Conditions for participation and financing Article 4 Number of participants in indirect RTD actions 1. Indirect RTD actions shall be carried out by:(a) at least two mutually independent legal entities established in two different Member States or in a Member State and an Associated State; or(b) at least one legal entity established in a Member State or in an Associated State and the JRC; or(c) one or several legal entities established in a third country or international organisations, acting in cooperation with the minimum number of legal entities established in a Member State or Associated State and the JRC, as required in points (a) or (b).2. Exceptionally, where the nature of the indirect RTD action or activity to be undertaken requires it to be carried out by a single participant, it must be carried out by:(a) a legal entity established in a Member State, in an Associated State or in a third country; or(b) an international organisation; or(c) the JRC.Article 5 Conditions for legal entities from the Member States and Associated States 1. Any legal entity established in a Member State or in an Associated State may take part in indirect RTD actions and receive funding from the fifth framework programme, provided that:- it is carrying out or is about to carry out a research, technological development or demonstration activity, or- it contributes to the dissemination and use of results in accordance with the specific programme on 'Promotion of innovation and encouragement of SME participation`, or- it is a potential user of RTD results,or, additionally for thematic networks and concerted actions,- it is instead in a position to contribute substantial added value to the quality of work to be undertaken by virtue of its knowledge of the relevant area of research.2. The conditions set out in paragraph 1 do not apply in the following cases:(a) for exploratory awards, where the legal entity must be an SME or, exceptionally, a potential user of RTD results. In the latter case, the entity will not normally receive funding from the fifth framework programme;(b) for cooperative research projects, where the legal entity must be an SME which is a potential user of RTD results but with little or no RTD capability of its own;(c) for accompanying measures, where the legal entity has the necessary technical know-how to carry out the indirect RTD action in question.3. Where an Associated State is only partially associated with the fifth framework programme, a legal entity in that country may only take part and receive financing under this Article in those specific programmes covered by the association agreement. Participation in specific programmes to which that country is not associated is subject to Article 6.4. Where the purpose of the indirect RTD action concerned so permits, any legal entity referred to in paragraphs 1 and 2 shall carry out the major part of the work within the Member States or Associated States.Article 6 Conditions for legal entities from third countries and for international organisations 1. Any legal entity established in a third European country or Mediterranean partner country and any international organisation may take part in indirect RTD actions on a project-by-project basis in conformity with the interests of the Community and without financing from the fifth framework programme, provided that:(a) the number of participations in the proposal for an indirect RTD action is in accordance with Article 4; and(b) it meets the conditions laid down in Article 5(1) and (2) for legal entities from the Member States and Associated States.This shall not apply to training fellowships as defined an Annex IV to the fifth framework programme.2. Legal entities established in other third countries may participate on the same terms provided that their participation is also of substantial added value or implementing all or part of the specific programmes in accordance with the objectives of that programme.3. Where an international agreement between the Community and a third country is necessary to provide access to high-quality programmes in the third country concerned and/or to ensure suitable IPR arrangements, participation of legal entities established in that third country shall be subject to the conclusion of such an agreement. Where such an agreement exists, participation shall additionally be subject to the principles, conditions and limits laid down therein.4. Any legal entity referred to in paragraphs 1, 2 and 3 may, exceptionally, participate with financing from the fifth framework programme provided that the financing is duly justified as being essential for achieving the objectives of the indirect RTD action in question.This shall not apply to training fellowships as defined in Annex IV to the fifth framework programme.5. In the case of RTD activities under the specific programme on 'Confirming the international role of Community research`, any legal entity which meets the conditions laid down in paragraph 1(a) and (b) may take part provided that it contributes to one of the objectives of the specific programme and its participation is in conformity with the interests of the Community.Community financing will be provided only for the activities specified in this specific programme and under the conditions laid down therein.6. Any international organisation may, exceptionally, receive financing from the fifth framework programme provided that:(a) in the case of indirect RTD actions other than accompanying measures,- the financing is duly justified as being essential for achieving the objectives of the indirect RTD action in question, and,- where any basic facility is to be used which is located in a third country, it is essential for carrying out the proposed work;(b) in the case of accompanying measures, it has the necessary technical skills and know-how, which are not readily accessible or are unavailable in the Member States or the Associated States.Article 7 Conditions for the JRC Subject to the internal budgetary and administrative measures necessary to enable the JRC to take part in indirect RTD actions, the JRC shall be bound by the same conditions and have the same rights and obligations as the legal entities established in a Member State or an Associated State taking part in indirect RTD actions.Article 8 Conditions relating to resources 1. Any legal entity, international organisation and the JRC must:- when filing its proposal for an indirect RTD action, have at least the potential resources needed for carrying it out,- when the contract is signed, demonstrate that it will have all the necessary resources as and when needed for carrying it out.2. The resources needed for carrying out the indirect RTD action shall comprise human resources, infrastructure, financial resources and, where appropriate, intangible property.Section 2 Procedures Article 9 Procedures to be applied 1. Indirect RTD actions other than accompanying measures shall be the subject of calls for proposals. These may be preceded by a call of expressions of interest of an informative nature. All such calls shall be published in the Official Journal of the European Communities and should also be disseminated through other appropriate channels.2. Accompanying measures shall, as appropriate, be the subject of:- calls for proposals, in accordance with procedures identical to those described in paragraph 1,- public procurement procedures, where the indirect RTD action consists of a purchase or a service, in accordance with the applicable provisions,- invitations to apply for appointment as an independent expert where the measure concerned requires the Commission to take account in a balanced fashion of the various research players, without prejudice to other procedures designed to achieve the same result in the case of the independent highly qualified experts appointed for the five-year evaluation referred to in Article 5(2) of the fIfth framework programme.In specific cases, for example for a contribution to the costs of conferences, workshops and seminars, spontaneous applications for a subsidy, addressed to the Commission by a legal entity or international organisation, may be supported by the Community.3. Indirect RTD actions carried out as pilot schemes shall be governed by procedures appropriate to those actions as set out in the relevant specific programme decisions.4. Subject to legal constraints and the need to respect requirements of transparency and equal treatment, the Commission shall keep the procedures for the submission, selection and adoption of proposals as short as reasonably achievable and keep the administrative costs of the applicants and of the Commission to the minimum level necessary.Article 10 Selection criteria and conditions applicable in accordance with the type of procedure 1. Proposals for indirect RTD actions resulting from calls for proposals and pilot schemes shall be selected in conformity with Annex I to the fifth framework programme on the basis of the conditions for participation set out in Articles 4 to 8 and the following criteria:(a) scientific excellence;(b) Community added value;(c) the potential contribution to furthering the economic and social objectives of the Community;(d) the innovative nature of the proposal for an indirect RTD action;(e) the prospects for disseminating/exploiting the results, as described in the plan for dissemination and use attached to the proposal for an indirect RTD action;(f) effective transnational cooperation;(g) effective and efficient management;(h) any additional criteria set out in the specific programme concerned.These criteria shall be applied in accordance with the category of indirect RTD action and with the nature of the RTD activity.Any project which contravenes the ethical principles laid down in the relevant international conventions and regulations shall not be selected.Proposals for accompanying measures which are subject to a public procurement procedure shall be evaluated on the basis of selection and award criteria defined in accordance with the relevant provisions.2. Applications for subsidies shall be selected on the basis of:- the relevant conditions for participation set out in Articles 4, 5, 6 and 8, and- their appropriateness and usefulness in contributing to the objectives and to the scientific and technological content of the fifth framework programme and/or of the specific programme concerned.3. Applicants responding to an invitation to apply shall be selected on the basis of the criteria set out in the relevant Commission Decision and of the relevant conditions for participation set out in Articles 4, 5 and 6.Section 3 Contracts Article 11 Community financial participation and eligible costs 1. In compliance with the provisions of Annex IV to the fifth framework programme, the Community financial participation shall consist of the reimbursement, in part or in whole, of the eligible costs of the indirect RTD action.2. A cost relating to an indirect RTD action shall be eligible where it is necessary for the action in question and is provided for in the contract. It shall be reimbursable by payment within a reasonable period provided that the amount has actually been spent and has been recorded in the accounts or the tax documents.In the appropriate circumstances, provisions should be made for advance payments.3. In the case of the research and technological development projects, demonstration projects and combined RTD/demonstration projects, recourse shall be had to additional eligible costs where, in the view of the Commission, the system of accounting used by the participant in an indirect RTD action does not enable the full costs of carrying out the indirect RTD action to be established with sufficient precision.4. Total eligible costs will be reimbursed by payments against justification of the actual costs of the indirect RTD action concerned. The documents substantiating these costs must be satisfactory. However, at the request of those taking part in the proposal for an indirect RTD action, general expenses may instead be calculated on a flat-rate basis by agreement with the Commission.At the request of those taking part in the proposal for an indirect RTD action and by agreement with the Commission, the contract can establish other conditions:(a) in the case of small-scale projects, fixed amounts determined on the basis of an assessment of the estimated costs of the work;(b) in other cases, fixed amounts linked to the demonstration of best efforts to complete contractually agreed objectives;(c) other arrangements involving flat- and composite-rate payments appropriate to specific projects.5. Additional eligible costs, as referred to in Annex IV to the fifth framework programme, shall comprise the following:- the additional eligible costs generated simply by taking part in the indirect RTD action,- a flat-rate contribution to the general expenses.Article 12 Contracts 1. Proposals for indirect RTD actions selected following any of the procedures set out in Article 9 shall be the subject of a contract.2. Contracts will be based on the relevant model contract drawn up by the Commission in consultation with Member States, taking account, where appropriate, of the different RTD activities involved.CHAPTER III RULES FOR THE DISSEMINATION AND USE OF RESEARCH RESULTS Article 13 Scope For the purpose of carrying out the specific programmes implementing the fifth framework programme, the rules for the dissemination and use of research results shall:- apply in compliance with international agreements concluded with the Community in particular under Article 130m of the Treaty,- take full account of pre-existing know-how including the relevant existing property rights without prejudice to the contents of the detailed rules of application provided for in Article 22 and of the contracts referred to in Article 12.Article 14 Adaptation of the rules for the dissemination and use of research results The rules for the dissemination and use of research results relating to knowledge resulting from work carried out under indirect RTD actions shall, as a general rule, be determined by the level of Community financing reflecting, where appropriate, the different RTD activities involved and the proximity to the market.The Community shall disseminate or promote the use of research results where it has financed indirect actions entirely.Article 15 Ownership of knowledge 1. Knowledge resulting from work carried out under direct RTD actions shall be the property of the Community.2. Knowledge resulting from work carried out under indirect RTD actions the full cost of which is borne by the Community shall, as a general rule, be the property of the Community.Knowledge resulting from work carried out under cooperative research projects shall be the property of the SMEs who have entrusted the resolution of their research problem to a third legal entity.Knowledge resulting from work carried out under other indirect RTD actions the full cost of which is not borne by the Community shall, as a general rule, be the property of the contractors who have carried out the work, including, where applicable, the Community, pursuant to Article 7.Any subsequent transfer of such intellectual property rights to a third party is for the contractors to decide subject to imposing a contractual responsibility to respect those obligations on them concerning their dissemination and use and, in particular, the interests of the Community.Article 16 Protection of knowledge Knowledge capable of industrial or commercial application shall be protected in an appropriate manner and for an appropriate period of time, with particular regard to the interests of the Community and of the contractors, and in accordance with the contractual provisions and any applicable legislation or convention.Article 17 Use of knowledge 1. The Community and the contractors shall use, or ensure that effective use is made of, any knowledge suitable for use in their possession, in conformity with the interests of the Community.2. The Commission shall ensure that all knowledge belonging to the contractors which is suitable for use is used effectively by them. Failing that, after a specified period of time, it must be disseminated by the contractors or, where appropriate, by the Commission.Article 18 Making knowledge available with a view to its use 1. As a general rule, knowledge resulting from work carried out under direct RTD actions, together with any information necessary for its use, should be made available to any interested legal entity established in a Member State or in an Associated State, provided that the entity undertakes to use the knowledge, or to ensure that it is used, in accordance with the interests of the Community. The making available of knowledge and information shall be subject to appropriate conditions, in particular concerning the payment of fees.2. Knowledge belonging to any of the contractors and resulting from work carried out under indirect RTD actions, together with any information necessary for its use, shall be made available to the other contractors in the same project, provided the legitimate interests, including commercial interests, of all the contractors are safeguarded.The detailed arrangements for making knowledge available to third parties with a view to its use shall take account of the interests of the Community and, in principle, the level of Community financial participation reflecting, where appropriate, the different RTD activities involved and the proximity to the market.3. The making available of such knowledge and information may be subject to appropriate conditions. It may give rise to specific agreements, notably concerning exclusive rights, in compliance with the applicable rules on competition. The grantor of rights shall in that context take into consideration the constraints and risks resulting for the recipient of rights from the investment needed for exploiting the knowledge.Article 19 Dissemination of knowledge 1. The Commission shall disseminate knowledge resulting from work carried out under direct RTD actions and which is suitable for dissemination.Particular account shall be taken of:(a) the need to safeguard intellectual and industrial property rights;(b) confidentiality;(c) the benefits of swift dissemination, for example in order to avoid duplication of research efforts.2. The Commission shall ensure that knowledge resulting from work carried out under indirect RTD actions and which is suitable for dissemination is disseminated through appropriate forums (e.g. scientific publications) by the contractors or, where appropriate, by the Commission itself.For indirect actions, in addition to (a), (b) and (c) above, particular account shall also be taken of:- the legitimate interests of the contractors, including commercial interests,- in principle, the level of Community financial participation.3. Subject to the conditions set out in paragraphs 1 and 2, Member States and Associated States shall, on request, for reasons of public and in specific cases, have access, without undue delay, to useful knowledge which is relevant to policy-making. General requirements in this respect shall be set out in the relevant calls for proposals and arrangements, or any exceptions to this principle, for individual projects shall be agreed in the contract.Article 20 Technological implementation plan 1. Depending on the nature of the RTD activity concerned, contractors taking part in work under indirect RTD actions shall produce a technological implementation plan. It shall reflect the broad outlines of the dissemination and use plan evaluated as part of the original proposal presented to the Commission for participation in indirect RTD actions.2. The technological implementation plan shall set out the conditions, including a timetable, under which the knowledge is to be disseminated and used. It shall be approved by the Commission, which shall assess its content with regard to the interests of the Community and of the contractors.3. The contractors shall inform the Commission of the steps taken to carry out this technological implementation plan. They shall justify any material subsequent change in the plan.CHAPTER IV FINAL PROVISIONS Article 21 Provisions which may be laid down in the specific programmes 1. The rules for the participation of undertakings, research centres and universities and for the dissemination and use of research results may be set out in greater detail or supplemented in the Council Decision adopting the specific programmes implementing the fifth framework programme.2. The first paragraph shall not apply in the case of the definitions set out in Article 1 or the training fellowships referred to in the second subparagraphs of Article 6(1) and (4).Article 22 Detailed rules of application The detailed rules for applying Articles 4, 8, 11 and 14 to 20 shall be drawn up and amended as necessary in accordance with the procedure provided for in Article 23.Article 23 Procedure for drawing up the rules of application 1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by qualified majority.If, within three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 24 Reports 1. The annual report which the Commission sends to the European Parliament and the Council in accordance with Article 130p of the Treaty shall contain information on the implementation of this Decision.2. Before the end of the fifth framework programme the Commission shall present a report to the Council on the application of this Decision.Article 25 Duration This Decision shall apply to direct RTD actions and indirect RTD actions implementing the fifth framework programme.Done at Brussels, 22 December 1998.For the CouncilThe PresidentC. EINEM(1) OJ C 40, 7.2.1998, p. 14.(2) OJ C 214, 10.7.1998, p. 51.(3) Opinion on the European Parliament of 28 May 1998 (OJ C 195, 22.6.1998), Council common position of 10 July 1998 (OJ C 262, 19.8.1998, p. 50) and Decision of the European Parliament of 8 October 1998 (OJ C 328, 26.10.1998).(4) See page 1 of this Official Journal.(5) See page 34 of this Official Journal.(6) See page 56 of this Official Journal.(7) OJ L 107, 30.4.1996, p. 4.


title: 2012/193/EU: Council Decision of 13 March 2012 on the conclusion, on behalf of the Union, of the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis

text:
               13.4.2012

               EN

               Official Journal of the European Union

               L 103/3

         COUNCIL DECISION
   of 13 March 2012
   on the conclusion, on behalf of the Union, of the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis

   (2012/193/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 74, 77 and 79 in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               Following the authorisation given to the Commission on 15 May 2006, negotiations with the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation regarding the participation by those States in the work of the committees which assist the Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis have been concluded.

               (2)

               In accordance with Council Decision 2012/192/EU (1), and subject to its conclusion at a later date, the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis (‘the Arrangement’) has been signed on behalf of the European Union on 22 September 2011.

               (3)

               The Arrangement should be concluded.

               (4)

               This Decision does not prejudice the position of the United Kingdom, under the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2).

               (5)

               This Decision does not prejudice the position of Ireland, under the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3).

               (6)

               This Decision shall not prejudice the position of Denmark, under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis (‘the Arrangement’) and the Joint Declaration attached thereto are hereby approved on behalf of the Union.
   The text of the Arrangement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit on behalf of the Union the instrument of approval provided for in Article 7(4) of the Arrangement in order to express the consent of the Union to be bound.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 13 March 2012.

            For the Council

            The President

         M. VESTAGER

      (1)  See page 1 of this Official Journal.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.
    ---documentbreak---

               13.4.2012

               EN

               Official Journal of the European Union

               L 103/4

         ARRANGEMENT
   between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis

   THE EUROPEAN UNION,
   and
   THE REPUBLIC OF ICELAND,
   hereinafter referred to as ‘Iceland’,
   THE PRINCIPALITY OF LIECHTENSTEIN,
   hereinafter referred to as ‘Liechtenstein’,
   THE KINGDOM OF NORWAY,
   hereinafter referred to as ‘Norway’ and
   THE SWISS CONFEDERATION,
   hereinafter referred to as ‘Switzerland’,
   Together hereinafter referred to as the ‘Associated States’,
   HAVING REGARD to the Agreement concluded on 18 May 1999 by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those States with the implementation, application and development of the Schengen acquis, hereinafter referred to as the ‘Association Agreement with Iceland and Norway’,
   HAVING REGARD to the Agreement signed on 26 October 2004 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, hereinafter referred to as the ‘Association Agreement with Switzerland’,
   HAVING REGARD to the Protocol signed on 28 February 2008 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, hereinafter referred to as the ‘Association Protocol with Liechtenstein’,
   HAVING REGARD to the Agreement in the form of an Exchange of Letters concluded on 18 May 1999 between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the committees which assist the European Commission in the exercise of its executive powers,
   HAVING REGARD to the Agreement in the form of an Exchange of Letters signed on 26 October 2004 between the Council of the European Union and the Swiss Confederation on the committees which assist the European Commission in the exercise of its executive powers,
   HAVING REGARD to the Declaration to the Association Protocol with Liechtenstein signed on 28 February 2008 on the participation in the committees which assist the European Commission in the exercise of its executive powers,
   CONSIDERING that new acts or measures of the Schengen acquis adopted by the European Commission, hereinafter referred to as the ‘Commission’, in the exercise of its executive powers, to which the procedures set out in this Arrangement have been applied, shall be applied simultaneously for the European Union and its Member States concerned and for the Associated States,
   CONSIDERING the need to ensure the application and uniform implementation of the new acts or measures of the Schengen acquis which requires participation of the Associated States in the work of the committees which assist the Commission in the exercise of its executive powers where the decisions on the acts or measures constituting a development of the Schengen acquis are taken,
   WHEREAS the Association Agreements do not address the detailed rules of the participation of the Associated States in the work of the committees which assist the Commission in the exercise of its executive powers where the decisions on the acts or measures constituting a development of the Schengen acquis are taken,
   WHEREAS the participation of the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein in the Committee which assists the Commission in the exercise of its executive powers established by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1) is currently laid down in the Agreement on the European Economic Area, while the participation of the Swiss Confederation in this Committee is laid down in the Exchange of Letters annexed to the Association Agreement with Switzerland,
   HAVE AGREED AS FOLLOWS:
   Article 1
   This Arrangement applies to the acts or measures amending or building upon the Schengen acquis adopted by the Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis.
   Article 2
   1.   The Associated States shall be associated as observers with the work of the committees which assist the Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis, hereinafter referred to as the ‘Schengen Comitology committees’, referred to in the Annex to this Arrangement.
   2.   When a new act amending or building upon the Schengen acquis establishes a new committee which assists the Commission in the exercise of its executive powers, the Associated States shall be associated with the work of this committee as from the entry into force of the act establishing the committee.
   3.   The list of the Schengen Comitology committees shall be regularly updated by the Commission and shall be published in the Official Journal of the European Union.
   Article 3
   1.   The representatives of the Associated States shall be associated with the work of the Schengen Comitology committees as outlined in this Article.
   2.   In the Schengen Comitology committees, the Associated States shall have the opportunity:

               —

               to explain the problems they encounter in respect of a particular act or measure regarding the implementation, application or development of the Schengen acquis or respond to the problems encountered by other delegations;

               —

               to express themselves on any questions concerning the drawing up and the development of provisions of concern to them or implementation thereof.

         3.   The Associated States shall have the right to make suggestions in the Schengen Comitology committees. After discussion, the Commission may consider such suggestions with a view to making a proposal or taking an initiative.
   4.   The Associated States shall not participate in the voting of the Schengen Comitology committees and shall withdraw when the Committee moves to a vote.
   5.   When the meetings of the Schengen Comitology committees are convened, the Associated States shall receive the agenda, the draft measures on which they are asked to give an opinion and any other relevant working documents at the same time as the Member States of the EU.
   6.   The principles and conditions concerning public access to the documents of the Schengen Comitology committees shall be the same as those applying to Commission documents (2).
   7.   For the purpose of the application of this Arrangement and when setting up the procedural aspects of the Schengen Comitology committees, the reference shall be made to this Article.
   Article 4
   When drafting proposals amending or building upon the provisions of the Schengen acquis the Commission shall informally seek advice from experts of the Associated States in the same way as it seeks advice from experts of the Member States of the European Union, hereinafter referred to as the ‘Member States’, for drawing up its proposals.
   Article 5
   1.   The adoption of new acts or measures constituting a development of the Schengen acquis shall be reserved to the competent institutions of the European Union (3).
   Subject to paragraph 3,

               —

               such acts or measures shall enter into force simultaneously for the European Union and its Member States concerned and for the Associated States, unless those acts or measures explicitly state otherwise,

               —

               the acceptance by each Associated State of such acts or measures creates rights and obligations between that Associated State, of the one part, the European Union and those of its Member States bound by those acts and measures, of the other part.

         2.   The adoption of the acts or measures referred to in paragraph 1 to which the procedures set out in this Arrangement have been applied shall be communicated to the Associated States.
   The adoption of acts or measures referred to in paragraph 1 shall be communicated to the Associated States by the Secretariat-General of the Commission, with reference to this Article, if the adoption of these acts or measures is notified to the Member States.
   If the adoption of acts or measures referred to in paragraph 1 is not notified to the Member States by the Secretariat-General of the Commission, the adoption of these acts or measures shall be communicated to the Associated States by the Directorate-General of the Commission responsible for the adoption of acts or measures concerned, referring to this Article.
   3.   Each Associated State shall decide independently whether to accept the content of the acts or measures referred to in paragraph 1 and whether to implement them into its internal legal order. These decisions shall be notified to the Commission within 30 days of the communication by the Commission of the acts or measures concerned.
   For the acceptance by the Associated States of the acts and measures referred to in paragraph 1 and the consequences for not accepting them, the following provisions shall apply:

               —

               Iceland and Norway — Article 8 of the Association Agreement with Iceland and Norway;

               —

               Switzerland — Article 7 of the Association Agreement with Switzerland;

               —

               Liechtenstein — Article 5 of the Association Protocol with Liechtenstein.

         Article 6
   1.   As regards administrative costs associated with the implementation of this Arrangement, the Associated States shall make an annual contribution to the general budget of the European Union in accordance with the percentage of the gross domestic product of their countries in relation to the gross domestic product of all participating States of an amount of EUR 500 000, subject to an annual adjustment to reflect the rate of inflation in the European Union.
   The amount of EUR 500 000 shall be adjusted by Exchange of Letters if the evolution of the number of the Schengen Comitology committees to which the Associated States participate or the frequency of meetings so require.
   2.   The travelling costs of the representatives who participate in the meetings of the Schengen Comitology committees shall not be reimbursed.
   Article 7
   1.   The Secretary-General of the Council of the European Union shall act as depositary of this Arrangement.
   2.   The European Union and the Associated States shall approve this Arrangement in accordance with their own procedures.
   3.   The entry into force of this Arrangement shall require approval by the European Union and by at least one Associated State.
   4.   This Arrangement shall enter into force between the European Union and the Associated State concerned on the first day of the second month following the deposit of the respective instrument of approval or ratification with the depositary.
   5.   As regards Liechtenstein, this Arrangement enters info force only once the Association Protocol with Liechtenstein has entered into force.
   Article 8
   1.   As regards Norway and Iceland, this Arrangement shall be terminated when the respective Association Agreement with Iceland or Norway is terminated.
   2.   As regards Switzerland, this Arrangement shall be terminated when the Association Agreement with Switzerland is terminated.
   3.   As regards Liechtenstein, this Arrangement shall be terminated when the Association Protocol with Liechtenstein is terminated.
   4.   The depositary shall be notified of termination.
   Article 9
   This Arrangement and the Joint Declaration shall be drawn up in one single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Icelandic and Norwegian languages, each text being equally authentic.

      Съставено в Брюксел на двадесет и втори септември две хиляди и единадесета година.
      Hecho en Bruselas, el veintidós de septiembre de dos mil once.
      V Bruselu dne dvacátého druhého září dva tisíce jedenáct.
      Udfærdiget i Bruxelles den toogtyvende september to tusind og elleve.
      Geschehen zu Brüssel am zweiundzwanzigsten September zweitausendelf.
      Kahe tuhande üheteistkümnenda aasta septembrikuu kahekümne teisel päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις είκοσι δύο Σεπτεμβρίου δύο χιλιάδες έντεκα.
      Done at Brussels on the twenty-second day of September in the year two thousand and eleven.
      Fait à Bruxelles, le vingt-deux septembre deux mille onze.
      Fatto a Bruxelles, addì ventidue settembre duemilaundici.
      Briselē, divi tūkstoši vienpadsmitā gada divdesmit otrajā septembrī.
      Priimta du tūkstančiai vienuoliktų metų rugsėjo dvidešimt antrą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-tizenegyedik év szeptember huszonkettedik napján.
      Magħmul fi Brussell, fit-tnejn u għoxrin jum ta' Settembru tas-sena elfejn u ħdax.
      Gedaan te Brussel, de tweeëntwintigste september tweeduizend elf.
      Sporządzono w Brukseli dnia dwudziestego drugiego września roku dwa tysiące jedenastego.
      Feito em Bruxelas, em vinte e dois de setembro de dois mil e onze.
      Întocmit la Bruxelles la douăzeci și doi septembrie două mii unsprezece.
      V Bruseli dňa dvadsiateho druhého septembra dvetisícjedenásť.
      V Bruslju, dne dvaindvajsetega septembra leta dva tisoč enajst.
      Tehty Brysselissä kahdentenakymmenentenätoisena päivänä syyskuuta vuonna kaksituhattayksitoista.
      Som skedde i Bryssel den tjugoandra september tjugohundraelva.
      Gjört í Brussel þann tuttugasta og annan september árið tvö þúsund og ellefu.
      Utferdiget i Brussel den tjueandre september to tusen og elleve.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         Fyrir hönd lýðveldisins Íslands

         Für das Fürstentum Liechtenstein

         For Kongeriket Norge

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera

      (1)  OJ L 281, 23.11.1995, p. 31.

      (2)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

      (3)  At the time of the signature of this Arrangement these acts or measures are adopted by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13) or are adopted in accordance with Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23) as last amended by Council Decision 2006/512/EC of 17 July 2006 (OJ L 200, 22.7.2006, p. 11).
   ANNEX
   List of the existing committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis:

               —

               The committee established by Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (1);

               —

               The committee established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (2) and by Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (3); this committee also assists the European Commission in the application of the following legal instruments:

                           —

                           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) (4);

                           —

                           Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (5);

                           —

                           Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (6);

               —

               The committee established by Council Decision 2004/201/JHA of 19 February 2004 on procedures for amending the Sirene Manual (7) and Council Regulation (EC) No 378/2004 of 19 February 2004 on procedures for amending the Sirene Manual (8) — to assist the European Commission in amending the Sirene manual;

               —

               The committee established by Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (9);

               —

               The committee established by Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (10) — to assist the European Commission in the field of external borders;

               —

               The committee ‘Solidarity and Management of Migration Flows’ established by Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (11);

               —

               The committee established by 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) (12) — the ‘Visa Committee’.

      (1)  OJ L 164, 14.7.1995, p. 1.

      (2)  OJ L 381, 28.12.2006, p. 4.

      (3)  OJ L 205, 7.8.2007, p. 63.

      (4)  OJ L 218, 13.8.2008, p. 60.

      (5)  OJ L 299, 8.11.2008, p. 1.

      (6)  OJ L 299, 8.11.2008, p. 43.

      (7)  OJ L 64, 2.3.2004, p. 45.

      (8)  OJ L 64, 2.3.2004, p. 5.

      (9)  OJ L 83, 1.4.2005, p. 48.

      (10)  OJ L 105, 13.4.2006, p. 1.

      (11)  OJ L 144, 6.6.2007, p. 22.

      (12)  OJ L 243, 15.9.2009, p. 1.
 ---documentbreak--- NA ---documentbreak---

               13.4.2012

               EN

               Official Journal of the European Union

               L 103/10

         JOINT DECLARATION BY THE CONTRACTING PARTIES ON THE SPECIFIC ASSOCIATION WITH THE IMPLEMENTATION, APPLICATION AND DEVELOPMENT OF THE SCHENGEN ACQUIS
   The Contracting Parties jointly declare that the specific association of the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation with the implementation, application and development of the Schengen acquis shall not be regarded as a legal or political precedent for any other field of cooperation between the European Union and those States.