Avis juridique important

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32001D0586

2001/586/EC: Council Decision of 18 June 2001 on the conclusion of the Agreement between the European Community and the Republic of Hungary concerning the participation of the Republic of Hungary in the European Environment Agency and the European environment information and observation network

Official Journal L 213 , 07/08/2001 P. 0038 - 0038

Council Decisionof 18 June 2001on the conclusion of the Agreement between the European Community and the Republic of Hungary concerning the participation of the Republic of Hungary in the European Environment Agency and the European environment information and observation network(2001/586/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 Hungary concerning the participation of the Republic of Hungary 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. 243.(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: 2014/253/EU: Decision of the European Parliament and of the Council of 16 April 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/2012/004 ES/Grupo Santana from Spain)

text:
               7.5.2014

               EN

               Official Journal of the European Union

               L 134/42

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 16 April 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/2012/004 ES/Grupo Santana from Spain)
   (2014/253/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 (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
   Having regard to Regulation (EU) no 1309/2013 of the European Parliament and the Council of 17 December 2013 on the European Globalisation Fund (2014-2020) and repealing Regulation (EC) no 1927/2006 (2), and in particular Article 23, second subparagraph, 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 (3), 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 (4), 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 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 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 on 16 May 2012 in respect of redundancies in the enterprise Grupo Santana and 15 suppliers and downstream producers and supplemented it by additional information up to 28 November 2013. 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 1 964 407.

               (4)

               Notwithstanding Regulation (EC) No 1927/2006 being repealed, it shall continue to apply for applications submitted up to 31 December 2013 by virtue of Article 23, second subparagraph of Regulation (EU) No 1309/2013.

               (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 2014, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 964 407 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 16 April 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         D. KOURKOULAS

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

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

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

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


Avis juridique important

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41999D0008

The Schengen acquis - Decision of the Executive Committee of 28 April 1999 on general principles governing the payment of informers (SCH/Com-ex (99) 8 rev. 2)

Official Journal L 239 , 22/09/2000 P. 0417 - 0419

DECISION OF THE EXECUTIVE COMMITTEEof 28 April 1999on general principles governing the payment of informers(SCH/Com-ex (99)8 Rev. 2)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Agreement implementing the Schengen Convention,Having regard to Articles 70 to 76 of the abovementioned Convention,HAS DECIDED AS FOLLOWS:The Executive Committee hereby approves the Decision of the Central Group of 22 March 1999 on the general principles governing payment of informers (SCH/C (99)25, SCH/Stup (98)72 Rev.).Luxembourg, 28 April 1999.The ChairmanC. H. SchapperSubject: General principles governing payment of informersSCH/Stup (98)72 Rev. 21. IntroductionInternational drug-related crime, other forms of serious crime and organised crime are a growing phenomenon which also affects the Schengen States.Criminals, particularly those involved in illicit trafficking in drugs, are adopting an increasingly professional approach and adapting flexibly to new geopolitical, legal, economic and technological circumstances, using entrepreneurial structures and interweaving illegal business dealings with legitimate commercial activities. They are also prepared to act ruthlessly to achieve their objectives, threatening or resorting to violence against people and property and seeking to manipulate politicians, businessmen and public officials, their main motivation being the maximisation of profits and the pursuit of power.The modus operandi of criminal networks involved in drugs is characterised by specialisation, division of labour and compartmentalisation. Illegal profits are "reinvested" in new criminal activities or injected into legitimate commercial activities in order to gain influence and create a criminal monopoly.Even special investigative methods are becoming increasingly ineffective. Actively obtaining information undercover and using operational investigative methods such as systematic evaluation have therefore become an increasingly important technique for identifying and fighting organised crime in the field of drugs. In this regard particular attention should be focused on the systematic, coordinated and targeted use of informers.Informers must gain the trust of the criminals so that they are in a position to shed light on the structure of criminal organisations and structures.That is why the Presidency carried out a survey in the Schengen States (see Doc. SCH/Stup (98)25). Doc. SCH/Stup (98)60 Rev. was subsequently distributed outlining the results. The survey showed that the law and, also in part, legal practice with regard to the payment of informers in the Schengen States differed widely. At its meeting of 21 October 1998 the Working Group on Drugs therefore agreed to draw up common non-binding guidelines for paying informers and guaranteeing them non-material benefits.The general principles governing payment of informers are to be used as non-mandatory guidelines within the Schengen area and are intended to contribute to the further improvement of customs and police cooperation in this sensitive sphere. They should also serve as benchmarks for those Schengen States currently engaged in drafting or amplifying similar regulations.2. GeneralInformers' motives for cooperating with police and customs authorities are frequently financial. They should therefore be provided with financial incentives that take market realities into account and correspond to their personal circumstances, reflect the skills required for the operation and are commensurate with the risk involved and the outcome of the investigation. Economic considerations are also a factor, since using informers often works out cheaper.Ensuring that the following guidelines are observed throughout the Schengen area would in particular permit compliance with tactical and legal requirements that apply to drugs investigations while also taking account of specific bilateral and regional features and the particular nature of the offence. This would also prevent incidentally the emergence of "informer tourism", with police forces and customs authorities which run informers competing with each other on a bilateral level or with other services throughout Schengen.3. PrinciplesThese principles shall be without prejudice to national provisions.Payments made to informers should be in reasonable proportion to the outcome of the investigation achieved as a result of criminal prosecution and/or the danger that is averted by the use of an informer on the one hand and the involvement of and personal risk incurred by the informer on the other. The financial incentive must not incite the informer to commit an offence.Particular criteria are as follows:- The quantity of information and the results it produces, for example the value and the importance of the drugs that are seized, the number and calibre of the criminals arrested and/or the value of the assets confiscated.- The quality of the information, for example strategically or tactically useful information about methods, logistical approach used by the criminals, aims of the criminal organisation, the way in which it responds to measures taken by the criminal justice authorities.- The personal characteristics of the informer, for example degree of involvement in the operation, particular difficulties, risks and dangers, trustworthiness and motivation.- The importance of the criminal hierarchy/organisation, or investigating the criminal activity of the members, their influence within the criminal milieu, degree of infiltration into public life, actual or potential damage caused, social relevance of the case and the degree to which it is rooted in the local criminal environment, the information also being used for strategic purposes.Payment for cooperating is generally case-specific. No attempt should be made to provide the informer with living expenses for an indefinite period.Informers may also benefit from special protective or post-operation measures (so-called witness protection) and arrangements may be made to provide social protection.Costs incurred by an informer (expenses) may be refunded in specific cases.Payment is made after completion of the assignment. Part payments may be made after parts of the assignment have been completed. Advances should not be paid.An informer's earnings are still subject to national tax and social security regulations.Generally speaking, the costs of using an informer are borne by the police or customs authority. If an investigation is to be conducted jointly by several Schengen bodies, agreement should be reached at an early stage on how the costs are to be shared. Contributions from third parties should not as a rule be included in the payment made to the informer.Non-material benefits may also be provided subject to the provisions of national law in force in the various Schengen States and counted as material contributions. The nature of the benefit, its importance to the informer and the cost to the State in providing it are the factors to be taken into account in this regard. Protecting the informer in dangerous situations, an easing of the detention regime and full or partial remission of sentence in accordance with national law also come into the category of non-material benefit.If an informer acts improperly, for example by not keeping to the agreement, committing a criminal offence in a particular case, knowingly or recklessly giving false information, culpably failing to follow received instructions or wilfully departing from tactical directives, payments may be reduced, withheld or recovered in their totality depending on the seriousness of the informer's misconduct. If two or more Schengen States are affected or might be affected in such a situation, the relevant national agencies should give provide notification ("warning") as soon as possible.The competent central authorities should exchange information on current criteria for payments in the different States.


title: 2011/138/EU: Council Decision of 28 February 2011 amending Decision 2010/248/EU adjusting the allowances provided for in Decision 2003/479/EC and Decision 2007/829/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council

text:
               4.3.2011

               EN

               Official Journal of the European Union

               L 59/41

         COUNCIL DECISION
   of 28 February 2011
   amending Decision 2010/248/EU adjusting the allowances provided for in Decision 2003/479/EC and Decision 2007/829/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council
   (2011/138/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 41(1) thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(2) thereof,
   Whereas:

               (1)

               Article 15(7) of Council Decision 2003/479/EC (1) and Article 15(6) of Council Decision 2007/829/EC (2) provide that the daily and monthly allowances of national experts and military staff on secondment to the General Secretariat of the Council are to be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Union officials in Brussels and Luxembourg.

               (2)

               Council Decision 2010/248/EU (3) applied the rates set in Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009 adjusting with effect from 1 July 2009 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (4), with effect from 1 May 2010.

               (3)

               By judgment dated 24 November 2010 in Case C-40/10, the Court of Justice annulled Article 2 and Articles 4 to 18 of Regulation (EU, Euratom) No 1296/2009 which set the rate of the 2009 annual adaptation at + 1,85 %. The Council, by means of Regulation (EU, Euratom) No 1190/2010 (5), amended Regulation (EU, Euratom) No 1296/2009, setting the rate of the 2009 annual adaptation at + 3,7 %.

               (4)

               Decision 2010/248/EU should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/248/EU is hereby amended as follows:

               (1)

               Article 1(1) is replaced by the following:
               ‘1.   In Article 15(1) of Decision 2003/479/EC and in Article 15(1) of Decision 2007/829/EC, the amounts EUR 30,75 and EUR 122,97 shall be replaced by EUR 31,89 and EUR 127,52 respectively.’;

               (2)

               Article 1(2) is replaced by the following:
               ‘2.   In Article 15(2) of Decision 2003/479/EC and in Article 15(2) of Decision 2007/829/EC, the table shall be replaced by the following:

                              “Distance between place of origin and place of secondment
                              (in km)

                              Amount in EUR

                              0 - 150

                              0,00

                              > 150

                              81,96

                              > 300

                              145,72

                              > 500

                              236,81

                              > 800

                              382,54

                              > 1 300

                              601,13

                              > 2 000

                              719,55” ’;

               (3)

               Article 1(3) is replaced by the following:
               ‘3.   In Article 15(4) of Decision 2003/479/EC the amount EUR 30,75 shall be replaced by EUR 31,89.’.

         Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 May 2010.

      Done at Brussels, 28 February 2011.

            For the Council

            The President

         FELLEGI T.

      (1)  OJ L 160, 28.6.2003, p. 72.

      (2)  OJ L 327, 13.12.2007, p. 10.

      (3)  OJ L 110, 1.5.2010, p. 31.

      (4)  OJ L 348, 29.12.2009, p. 10.

      (5)  OJ L 333, 17.12.2010, p. 1.


title: 2006/890/Euratom: Commission Decision of 4 December 2006 concerning the conclusion on behalf of the European Atomic Energy Community of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and of the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation (notified under document number C(2006) 5219)

text:
               8.12.2006

               EN

               Official Journal of the European Union

               L 343/85

         COMMISSION DECISION
   of 4 December 2006
   concerning the conclusion on behalf of the European Atomic Energy Community of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and of the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation
   (notified under document number C(2006) 5219)
   (2006/890/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101(2) thereof,
   Whereas:

               (1)

               In accordance with the directives adopted by the Council Decision of 10 April 2000, the Commission participated in the negotiations with the Russian Federation on an Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and a Protocol on Claims, Legal Proceedings and Indemnification.

               (2)

               A Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation (MNEPR) and the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a MNEPR were signed in Stockholm on 21 May 2003.

               (3)

               The Framework Agreement was signed by the European Community, the European Atomic Energy Community, Norway, Sweden, Denmark, Finland, Belgium, France, Germany, the United Kingdom, the Netherlands and Russia.

               (4)

               The MNEPR Framework Agreement establishes a multilateral legal framework for nuclear-related projects carried out by western countries in north-west Russia, and the Protocol on Claims, Legal Proceedings and Indemnification aims to settle issues of liability arising from activities undertaken in this context.

               (5)

               The MNEPR is designed to facilitate projects addressing problems regarding radioactive waste and spent nuclear fuel and decommissioning of nuclear submarines and icebreakers in the Russian Federation. It is focusing initially on the north-west region, but the Framework Agreement states that the MNEPR may also apply to projects or any other form of cooperation in other areas of nuclear activities, including nuclear safety, if so agreed by the Parties concerned.

               (6)

               The present bilateral Memorandum of Understanding signed between the European Commission on behalf of the Communities and the Russian Federation in 1995, covering the implementation of the Technical Assistance Programmes in the Field of Nuclear Safety and which address nuclear liability issues will not be applicable to projects under the new Instrument for Nuclear Safety Cooperation.

               (7)

               All the EU Member States which have signed the Framework Agreement have deposited their ratification instruments with the Depositories, the last one being the United Kingdom which ratified the Framework Agreement in April 2006.

               (8)

               The European Atomic Energy Community is now in a position to conclude the MNEPR Framework Agreement,

         HAS ADOPTED THIS DECISION:
   Sole Article
   1.   The Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation are hereby concluded on behalf of the European Atomic Energy Community.
   2.   The texts of the Framework Agreement and of the Protocol are attached to this decision.
   This Decision is addressed to the Member States.

      Done at Brussels, 4 December 2006.

            For the Commission

         Benita FERRERO-WALDNER

            Member of the Commission

   Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation
   The Government of the Kingdom of Belgium, the Government of the Kingdom of Denmark, the Government of the Republic of Finland, the Government of the French Republic, the Government of the Federal Republic of Germany, the Government of the Kingdom of the Netherlands, the Government of the Kingdom of Norway, the Government of the Russian Federation, the Government of the Kingdom of Sweden, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the European Community, and the European Atomic Energy Community (hereinafter referred to as the Parties),

      Noting the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management of 5 September 1997 (hereinafter referred to as the Joint Convention);

      Noting that the Joint Convention stipulates that spent fuel and radioactive waste within military or defence programmes should be managed in accordance with the objectives stated in that Convention even though they are excluded from it except as provided in Article 3 thereof;

      Noting also the Convention on Nuclear Safety of 17 June 1994;

      Recalling the importance the Joint Convention attaches to international cooperation in enhancing the safety of spent fuel and radioactive waste management through bilateral and multilateral mechanisms;

      Reaffirming the importance the Parties attach to the principles embodied in relevant international conventions on nuclear liability for the provision of international assistance in this field;

      Recognising the work of the Contact Expert Group for International Radwaste Projects established under the auspices of the International Atomic Energy Agency to deal with issues regarding international cooperation in radioactive waste management and related issues in the Russian Federation, and its contribution to the development of a comprehensive International Action Plan;

      Desiring to facilitate practical cooperation to enhance the safety of spent fuel and radioactive waste management in the Russian Federation, in particular through the implementation of projects in the Russian Federation that may be identified by the Contact Expert Group for International Radwaste Projects;

      Recalling the Declaration of Principles by members and observers of the Barents Euro-Arctic Council representing Denmark, Finland, France, Germany, Iceland, Italy, the Netherlands, Norway, Poland, the Russian Federation, Sweden, the United Kingdom and the United States regarding the Multilateral Nuclear Environmental Programme in the Russian Federation signed at Bodø (Norway) on 5 March 1999 in which the participants declared their readiness to negotiate a multilateral Framework Agreement covering the necessary conditions for the provision of international assistance in this field,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Multilateral Nuclear Environmental Programmein the Russian Federation (MNEPR)
   1.   The Parties hereby establish a framework to facilitate cooperation in the area of safety of spent nuclear fuel and radioactive waste management in the Russian Federation. This framework shall be referred to as the ‘Multilateral Nuclear Environmental Programme in the Russian Federation’ (MNEPR). The MNEPR shall apply to projects undertaken between contributors and recipients or any other form of cooperation agreed by them. It may also apply to projects or any other form of cooperation in other areas of nuclear activities, including nuclear safety, if so agreed by the Parties concerned.
   2.   The Parties shall seek to avoid duplication of assistance activities and to ensure that such activities are complementary to activities under other multilateral or bilateral funds, agreements, mechanisms or arrangements.
   Article 2
   Definitions
   For the purposes of this Agreement the following terms shall have the following meanings:

               Technical aid (assistance)

               :

               Any form of gratuitous aid and/or contribution provided under this Agreement or under any Implementing Agreement, or otherwise agreed to by the Russian Party and the Contributing Party or Parties (hereinafter referred to as ‘assistance’);

               Contributor

               :

               Any Party other than the Russian Party or any entity authorised by such Party to provide assistance under the MNEPR;

               Recipient

               :

               The Russian Party or any other Russian entity authorised by the Russian Party to serve as beneficiary of assistance and partner for the realisation of a project under the MNEPR;

               Implementing Agreement

               :

               An agreement between one or more recipients and one or more contributors for the provision of assistance for the realisation of a project under the MNEPR.

         Article 3
   Modes of cooperation under the MNEPR
   1.   Assistance under the MNEPR may be provided through:

               (a)

               Implementing Agreements between one or more recipients and any one of the contributors (Bilateral mode);

               (b)

               Implementing Agreements between one or more recipients and several contributors whereby a common financing arrangement will not be established (Multilateral simple mode);

               (c)

               Implementing Agreements between one or more recipients and several contributors whereby a common financing arrangement will be established (Multilateral funding mode); or

               (d)

               any other mechanism agreed by the recipient(s) and contributor(s) concerned.

         2.   Except as otherwise provided in this Agreement, the terms and conditions of this Agreement shall apply to all assistance provided under paragraph 1 of this Article. The provisions of this Agreement may also apply to activities undertaken before its entry into force if so agreed by the Parties involved in those activities.
   3.   The provision of assistance by the contributors under this Agreement shall be subject to the availability of appropriated funds.
   Article 4
   MNEPR Committee
   1.   To facilitate cooperation and to exchange information under the MNEPR, the Parties hereby establish the MNEPR Committee. The MNEPR Committee shall be composed of one authorised official/governmental representative of each of the Parties, who shall also serve as a contact point for all questions of relevance to the MNEPR.
   2.   The MNEPR Committee may:

               —

               discuss the development and implementation of projects and any other form of cooperation under this Agreement,

               —

               discuss relevant activities under other bilateral or multilateral agreements or arrangements,

               —

               coordinate funding for projects under Article 3(1)(c),

               —

               identify obstacles and problems encountered in the implementation of projects, and make recommendations regarding their resolution,

               —

               establish working groups as required for the functioning of the MNEPR Committee,

               —

               discuss and make recommendations on other matters relevant to the operation of MNEPR activities,
               and

               —

               invite States, intergovernmental organisations or regional economic integration organisations being subject to public international law to accede in accordance with Article 16.

         3.   The MNEPR Committee shall adopt its Rules of Procedure.
   4.   The MNEPR Committee shall elect two co-chairpersons for 12-month periods from among representatives of the Parties, one from among the Contributing Parties and one representing the Russian Party.
   5.   The MNEPR Committee may decide to admit as observers any interested State, intergovernmental organisation or regional economic integration organisation being subject to public international law not party to this Agreement. Where a coordinator has been designated according to Article 5, that coordinator shall be admitted as an observer to meetings of the MNEPR Committee, where relevant.
   6.   Decisions and recommendations of the MNEPR Committee shall be made by consensus.
   Article 5
   Coordinator of multilateral funding under the MNEPR
   1.   The Contributing Parties to a common financing arrangement, as referred to in Article 3.1(c), may designate a coordinator for such an arrangement.
   2.   The rights and obligations of the Contributing Parties under this Agreement apply equally to the Coordinator where the coordinator performs activities on behalf of the contributors.
   Article 6
   Specific undertakings
   1.   The Parties shall promote activities necessary for the implementation of projects under the MNEPR.
   2.   The Russian Party shall ensure the prompt issuance of, inter alia, licences, permits, approvals and the prompt customs clearances necessary for the efficient implementation of projects. The Russian Party shall ensure the provision of data and information necessary for the implementation of specific projects within the framework of this Agreement. The Russian Party shall grant access to sites and facilities necessary for the implementation of specific projects within the framework of this Agreement. Should such access be restricted according to the provisions of the legislation of the Russian Federation, mutually acceptable procedures shall be developed in the Implementing Agreements. The Implementing Agreements shall also define the procedures for, and the scope of, the information to be transferred.
   3.   The provision of assistance shall be complemented by Russian resources. Such resources may be contributed in kind or otherwise for the implementation of projects under the MNEPR.
   Article 7
   Claims, legal proceedings and indemnification
   1.   This Agreement is supplemented by a Protocol containing provisions on claims, legal proceedings and indemnification in respect of claims against contributors and their personnel or contractors, subcontractors, consultants, suppliers or subsuppliers of equipment, goods and services at any tier and their personnel, for any loss or damage of whatsoever nature arising from activities undertaken pursuant to this Agreement.
   2.   The Protocol and its Annex shall not apply to any Party that does not become a party to the Protocol.
   3.   Any Party that does not become a party to the Protocol may conclude with the Russian Party a separate agreement covering claims, legal proceedings and indemnification in respect of claims for any loss or damage of whatsoever nature arising from activities undertaken pursuant to this Agreement.
   Article 8
   Use and retransfer of assistance
   1.   Unless the written consent of the contributor has first been obtained, the recipient shall not transfer title to, or possession of, any assistance provided pursuant to this Agreement to any entity, other than an officer, employee or agent of that contributor or that recipient and shall not permit the use of such assistance for purposes other than those for which it has been furnished.
   2.   The Russian Party shall take all reasonable measures within its power to ensure the security of, ensure the appropriate use of, and prevent the unauthorised transfer of assistance provided pursuant to this Agreement.
   Article 9
   Exemption from taxes or similar charges
   1.   The Russian Party shall exempt assistance provided under this Agreement from customs duties, profits taxes, other taxes and similar charges. The Russian Party shall take all necessary steps to ensure that no local or regional taxes are levied on assistance provided under this Agreement. These steps will include the provision of letters from competent local and/or regional authorities confirming that no taxes will be levied on assistance provided under this Agreement. Such letters of confirmation covering localities and regions where projects under this Agreement will be carried out shall be deposited with at least one of the depositaries before the start of implementation of the projects.
   2.   The Russian Party shall exempt remuneration to foreign natural persons and to Russian citizens not ordinarily resident in the Russian Federation for work undertaken and services performed by such persons for the implementation of assistance under this Agreement from income tax, social security tax contributions, and similar charges within the territory of the Russian Federation. With regard to remuneration exempted by this paragraph, the Russian Party shall not have any obligations in terms of any charges and payments to the persons indicated in this paragraph, at the expense of the social security system or any other government funds.
   3.   The Contributing Parties and their personnel, their contractors, subcontractors, suppliers and subsuppliers may import into, and export out of, the Russian Federation equipment, supplies, materials or services required to implement this Agreement. In addition to the provisions regarding assistance, temporary importation and exportation shall not be subject to customs duties, license fees, undue restrictions, taxes or similar charges.
   4.   In addition to the preceding paragraphs, persons and entities participating in the implementation of the programmes in the framework of this Agreement within the territory of the Russian Federation are entitled to exemption from value added tax and other charges with regard to equipment and goods purchased within the territory of the Russian Federation for the implementation of the projects or the programmes in the framework of this Agreement, as well as works done and services rendered within the territory of the Russian Federation.
   5.   Imposition of taxation shall be regarded as a valid reason for suspension or termination of an assistance project, or not to initiate an assistance project.
   6.   The Russian Party shall be responsible for procedures ensuring the implementation of this Article.
   Necessary certificates shall be issued by the relevant competent authority.
   Article 10
   Accounts, audits and examinations
   1.   Each recipient shall maintain proper accounts of all assistance funding received from contributors, and furnish such accounts, together with full supporting documentation, to the contributor or contributors concerned at regular intervals, as specified in the relevant Implementing Agreement or as otherwise agreed.
   2.   Upon request, representatives of a contributor shall have the right, within 60 days of making the request, to examine the use of any assistance provided by that contributor in accordance with this Agreement, at sites of their location or use if possible, and shall have the right to audit and examine any and all related records or documentation for a period of seven years after the completion or early termination of the project in question, unless another period is specified in the Implementing Agreement. The practical details of such audits and examinations shall be set out in the Implementing Agreements.
   Article 11
   Intellectual property
   The Parties shall provide in Implementing Agreements, as appropriate, effective protection and allocation of rights to intellectual property transmitted or created under this Agreement.
   Article 12
   Status of personnel and entry and exit of personnel
   1.   The Russian Party shall facilitate the entry and exit of employees of the Contributing Parties to this Agreement and their personnel and contractors, subcontractors, consultants, suppliers and subsuppliers and their personnel into and out of the territory of the Russian Federation for the purpose of carrying out activities in accordance with this Agreement.
   2.   The Russian Party shall accredit military and civilian personnel of the Contributing Parties, including employees of the Commission of the European Communities present in the territory of the Russian Federation in order to carry out activities related to the provision of assistance under this Agreement, as administrative and technical personnel of the respective diplomatic missions, the mission of the Commission of the European Communities and the missions of intergovernmental organisations, in the Russian Federation. After entry into force of this Agreement, the Parties will consult on the number of such personnel covered by this paragraph. The accreditation of such personnel shall have no effect on the number of accredited personnel permitted at Russian diplomatic missions in the Contributing Parties.
   3.   The Russian Party guarantees that the contractors, subcontractors, consultants, suppliers, subsuppliers and their personnel as referred to in paragraph 1 of this Article may import and re-export out of the territory of the Russian Federation all of their personal household effects as well as foodstuffs for their personal use without being liable to any customs duties, taxes, or similar charges. Duty-free import into and re-export out of the Russian Federation of one motor vehicle per family is allowed, provided that the vehicle is used only within the period of the relevant contract and is re-exported at the end of this period.
   Article 13
   Settlement of disputes
   Any disagreement between two or more Parties concerning the interpretation of this Agreement, or its implementation, shall be resolved through consultations. Consultations shall take place not later than three months after one of the Parties submits such a request in writing to the other Party or Parties.
   Article 14
   Awarding of contracts
   In the event that a Party awards a contract for the acquisition of goods and services, including construction, to implement this Agreement, such contracts shall be awarded in accordance with the laws and regulations of that Party, or such other laws and regulations as that Party may choose. Russian companies can also be used as contractors or subcontractors.
   Article 15
   Modifications and amendments
   1.   Any modification or amendment to this Agreement, and any additional protocol to it, may be made by agreement among the Parties to this Agreement.
   2.   Any modification or amendment made pursuant to this Article shall be subject to ratification, acceptance or approval by all of the Parties. Modifications or amendments shall enter into force for all Parties 30 days following the date of receipt by at least one of the depositaries of the last notification of ratification, acceptance or approval.
   Article 16
   Accession
   1.   This Agreement shall be open for accession by any State, intergovernmental organisation or regional economic integration organisation being subject to public international law upon invitation by the MNEPR Committee.
   2.   This Agreement shall enter into force for the acceding Party 30 days following the date of receipt by at least one of the depositaries of the acceding Party's instrument of accession and the last of the notifications by the Parties expressing concurrence.
   Article 17
   Depositaries
   The Minister of Foreign Affairs of the Russian Federation and the Secretary General of the Organisation for Economic Cooperation and Development are hereby designated as depositaries. The depositaries shall fulfil their duties in accordance with Article 77 of the Vienna Convention on the Law of Treaties of 23 May 1969 and shall consult each other in the fulfilment of their duties.
   Article 18
   Entry into force, duration, withdrawal and termination
   1.   This Agreement shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with at least one of the depositaries. It shall enter into force on the 30th day following the date of receipt of such instruments from the Russian Party and from one other signatory, and shall remain in force for a period of five years from that date. For each signatory depositing such an instrument thereafter, this Agreement shall enter into force for it 30 days following the receipt by at least one of the depositaries of such instrument and shall remain in force until the expiration of its original five-year period.
   2.   This Agreement shall be extended automatically for further periods of five years. Any Party may request at least one of the depositaries at least 90 days before the expiration of the five-year period to convene a meeting of the Parties to consider the termination, modification or amendment of this Agreement
   3.   Any Party may withdraw from this Agreement upon giving 90 days written notification to at least one of the depositaries. The MNEPR Committee shall immediately be seized of the matter and shall make recommendations to the Parties on the further continuation of the Agreement.
   4.   The obligations under Articles 8 to 11, Article 12 first and third paragraphs, and Article 13 of this Agreement shall remain in effect regardless of any subsequent transfer of ownership of the object of cooperation, and regardless of any termination of, or withdrawal from, this Agreement, or the expiration of its validity.
   5.   Notwithstanding any termination of this Agreement, it shall continue to apply to any Implementing Agreement which the Parties to such Implementing Agreement agree to continue, for the duration of such Implementing Agreement.
   6.   Where a Party withdraws from this Agreement but continues to be a Party to an Implementing Agreement, this Agreement shall continue to apply to such Party with respect to its participation in such Implementing Agreement.
   7.   This Agreement shall be applied on a provisional basis from the date of its signature.

         Done at Stockholm on 21 May 2003 in the English, French and Russian languages, all texts being equally authentic, in two originals of which one shall be deposited in the archives of the Ministry of Foreign Affairs of the Russian Federation and one in the archives of the Organisation for Economic Cooperation and Development. Duly certified copies of this Agreement shall be transmitted to the signatories and acceding Parties. In the event of any dispute or divergence in relation to this Agreement the English text shall prevail for the purposes of interpretation.

    ---documentbreak---

               8.12.2006

               EN

               Official Journal of the European Union

               L 343/92

         PROTOCOL
   on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation
   The Government of the Kingdom of Belgium, the Government of the Kingdom of Denmark, the Government of the Republic of Finland, the Government of the French Republic, the Government of the Federal Republic of Germany, the Government of the Kingdom of the Netherlands, the Government of the Kingdom of Norway, the Government of the Russian Federation, the Government of the Kingdom of Sweden, the Government of the United Kingdom of Great Britain and Northern Ireland, the European Community, and the European Atomic Energy Community (hereinafter referred to as the Parties),

      Reaffirming their commitment to achieving the purposes of the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation signed on 21 May 2003 (hereinafter referred to as the Agreement),

      Convinced of the need to establish provisions ensuring that claims against the Contributing Parties and their personnel or contractors, subcontractors, consultants, suppliers or subsuppliers of equipment, goods or services at any tier and their personnel, for any loss or damage of whatsoever nature arising from activities undertaken pursuant to the Agreement are not brought by the Russian Party and, if brought by a third party, are indemnified by the Russian Party,
   HAVE AGREED AS FOLLOWS:
   Article 1
   1.   The definitions contained in Article 2 of the Agreement shall apply to this Protocol as fully and effectively as if they were set forth in full herein.
   2.   For the purposes of this Protocol, the following terms shall have the following meanings:

               nuclear incident

               :

               Any occurrence or series of occurrences having the same origin which causes nuclear damage.

               nuclear damage

               :

                           (i)

                           loss of life, any personal injury or any loss of, or damage to, property which arises out of or results from the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or radioactive products or waste in, or of nuclear material coming from, originating in, or sent to, a nuclear installation;

                           (ii)

                           any other loss or damage so arising or resulting if and to the extent that the law of the competent court so provides; and

                           (iii)

                           if the law of the State in which the nuclear installation of the liable operator is situated so provides, loss of life, any personal injury or any loss of, or damage to, property which arises out of or results from other ionising radiation emitted by any other source of radiation inside a nuclear installation.

         3.   For the purposes of this Protocol, whenever both nuclear damage and damage other than nuclear damage have been caused by a nuclear incident, or jointly by a nuclear incident and one or more other occurrences, such other damage shall, to the extent that it is not reasonably separable from the nuclear damage, be deemed, for the purposes of this Protocol, to be nuclear damage caused by that nuclear incident.
   Article 2
   1.   With the exception of claims for injury or damage against individuals arising from omissions or acts of such individuals done with intent to cause injury or damage, the Russian Party shall bring no claims or legal proceedings of any kind against the contributors and their personnel or contractors, subcontractors, consultants, suppliers or subsuppliers of equipment, goods or services at any tier and their personnel, for any loss or damage of whatsoever nature, including but not limited to personal injury, loss of life, direct, indirect and consequential damage to property owned by the Russian Federation arising from activities undertaken pursuant to the Agreement. This paragraph shall not apply to the enforcement of the express provisions of a contract.
   2.   With the exception of claims for nuclear damage against individuals arising from omissions or acts of such individuals done with intent to cause damage, the Russian Party shall provide for the adequate legal defence of and indemnify, and shall bring no claims or legal proceedings against the contributors and their personnel, or any contractors, subcontractors, consultants, suppliers, or subsuppliers of equipment, goods or services at any tier and their personnel in connection with third party claims, in any court or forum, arising from activities undertaken pursuant to the Agreement, for nuclear damage occurring within or outside the territory of the Russian Federation, that results from a nuclear incident occurring within the territory of the Russian Federation.
   3.   Upon request by a Party, the Russian Party or its authorised representative shall issue an indemnity confirmation letter to any contractor, subcontractor, consultant, supplier or subsupplier confirming the provisions of this Protocol. A standard form of such Indemnity Confirmation Letter is enclosed as an integral part of this Protocol.
   4.   The Parties may consult as appropriate, on claims and proceedings under this Article.
   5.   Any payments related to the indemnification in paragraph 2 of this Article shall be made promptly and shall be freely transferable to the beneficiary in its national currency.
   6.   Contributors, contractors, subcontractors, consultants, suppliers or subsuppliers of equipment, goods or services at any tier and their personnel may refer any dispute concerning the implementation of obligations under this Article to arbitration in accordance with UNCITRAL Arbitration Rules, if such dispute has not been resolved amicably within 90 days of its submission to the Russian Party. Any arbitration award shall be final and binding on the parties to the dispute.
   7.   Nothing in this Article shall be construed as acknowledging the jurisdiction of any court or forum outside the Russian Federation over third party claims to which paragraph 2 of this Article applies, except as provided for in paragraph 6 of this Article and in any other case where the Russian Federation has pledged itself to acknowledge and execute a legal decision on the basis of provisions of international agreements.
   8.   Nothing in this Article shall be construed as waiving the immunity of the Parties with respect to potential third party claims that may be brought against any of them.
   Article 3
   1.   This Protocol is open for signature by any signatory to the Agreement.
   2.   This Protocol is subject to ratification, acceptance or approval by signatories that are Parties to the Agreement. Instruments of ratification, acceptance or approval shall be deposited with at least one of the depositaries of the Agreement.
   3.   This Protocol shall be open to accession by any Party that has acceded to the Agreement.
   4.   Accession shall be effected by the deposit of an instrument of accession with at least one of the depositaries of the Agreement.
   5.   The depositaries of this Protocol shall be the depositaries of the Agreement and shall fulfil their duties in accordance with Article 77 of the Vienna Convention on the Law of Treaties of 23 May 1969 and shall consult each other in the fulfilment of their duties.
   Article 4
   1.   Subject to the entry into force of the Agreement, this Protocol shall enter into force on the 30th day following the date of receipt by at least one of the depositaries of the instruments of ratification, acceptance or approval referred to in Article 3(2) from the Russian Federation and from any other signatory to this Protocol and it shall remain in force for a period of five years from that date. For each signatory ratifying, accepting or approving thereafter, this Protocol shall enter into force for it on the 30th day following the receipt by at least one of the depositaries of the instruments of ratification, acceptance or approval referred to in Article 3(2) and it shall remain in force until the expiration of its original five-year period.
   2.   For each Party acceding to this Protocol, it shall enter into force for it 30 days following the receipt by at least one of the depositaries of the instrument of accession referred to in Article 3(4) and it shall remain in force until the expiration of the original five-year period mentioned in paragraph 1 of this Article.
   3.   This Protocol shall be extended automatically for further periods of five years. Any Party may request at least one of the depositaries, at least 90 days before the expiration of the five-year period, to convene a meeting of the Parties to consider the continuation, modification or amendment of this Protocol.
   4.   Any Party may withdraw from this Protocol upon giving 90 days written notification to at least one of the depositaries. The MNEPR Committee shall immediately be seized of the matter and shall make recommendations to the Parties on the further continuation of this Protocol and the Agreement.
   5.   The obligations under this Protocol shall remain in effect regardless of any subsequent transfer of ownership of the object of cooperation, and regardless of any termination of, or withdrawal from, this Protocol or the Agreement, or the expiration of their validity.

               6.

                           (a)

                           Notwithstanding any termination of this Protocol, it shall continue to apply to any Implementing Agreement which the Parties to such Implementing Agreement agree to continue, for the duration of such Implementing Agreement.

                           (b)

                           Where a Party withdraws from this Protocol but continues to be a Party to an Implementing Agreement, this Protocol shall continue to apply to such Party with respect to its participation in such Implementing Agreement.

         7.   Where,

               (a)

               the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 (hereinafter referred to as the Vienna Convention) and the Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention of 21 September 1988 (hereinafter referred to as the Joint Protocol) have both come into force for the Russian Federation, and

               (b)

               the Vienna Convention or the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960 and the Joint Protocol have both come into force for any other Party to this Protocol, such other Party may, in its discretion and by notice in writing to the Russian Federation, terminate the application of Article 2(2) of this Protocol as between it and the Russian Federation with respect to any activity undertaken pursuant to the Agreement to which these instruments apply. The Russian Federation and such other Party shall each inform the other in writing of the dates upon which such instruments come into force in their respective territories.

         8.   This Protocol shall be applied on a provisional basis from the date of its signature.

         Done at Stockholm on 21 May 2003 in the English, French and Russian languages, all texts being equally authentic, in two originals of which one shall be deposited in the archives of the Ministry of Foreign Affairs of the Russian Federation and one in the archives of the Organisation for Economic Cooperation and Development. Duly certified copies of this Protocol shall be transmitted to the signatories and acceding Parties. In the event of any dispute or divergence in relation to this Protocol the English text shall prevail for the purposes of interpretation (1).

      (1)  It may be useful to provide that a copy of the letter also be sent to the Government of the country in which the Contractor carries on business.
   ANNEX
   Model of an INDEMNITY CONFIRMATION LETTER to be provided by the Ministry of the Russian Federation for Atomic Energy to [contractor]
   Dear Sirs,
   The Government of the Russian Federation and [name of other Party] are Parties to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation (hereinafter referred to as the MNEPR Agreement) of 21 May 2003 to facilitate cooperation in the area of safety of spent nuclear fuel and radioactive waste in the Russian Federation. They are also Parties to the Protocol to the MNEPR Agreement on Claims, Legal Proceedings and Indemnification of 21 May 2003 (hereinafter referred to as the Protocol).
   The Ministry of the Russian Federation for Atomic Energy, acting on behalf of the Government of the Russian Federation, hereby acknowledges that [contractor] has entered into an [Implementing Agreement/Agreement/Contract] with [recipient] on [date] to provide assistance for the implementation of the MNEPR Project known as [project name]. The persons and entities identified in the attached list are the [contractor’s] personnel, subcontractors, suppliers, subsuppliers and consultants who will be providing equipment, goods or services pursuant to the [Implementing Agreement/Agreement/Contract]. [Contractor] may amend this list, from time to time, upon notification to the Ministry of the Russian Federation for Atomic Energy or its authorised representative for the implementation of the [project name].
   The Ministry of the Russian Federation for Atomic Energy, acting on behalf of the Government of the Russian Federation, confirms that in accordance with Articles 2(1) and 2(2) of the Protocol,

               (a)

               with the exception of claims for injury or damage against individuals arising from omissions or acts of such individuals done with intent to cause injury or damage, it will bring no claims or legal proceedings of any kind against [contractor] and its personnel or subcontractors, consultants, suppliers or subsuppliers of equipment, goods or services at any tier and their personnel identified in the attached list as amended from time to time, for any loss or damage of whatsoever nature, including but not limited to personal injury, loss of life, direct, indirect and consequential damage to property owned by the Russian Federation arising from activities undertaken pursuant to the MNEPR Agreement, it being agreed that this paragraph shall not apply to the enforcement of the express provisions of a contract; and

               (b)

               with the exception of claims for nuclear damage against individuals arising from omissions or acts of such individuals done with intent to cause damage, it shall provide for the adequate legal defence of, and indemnify, and shall bring no claims or legal proceedings against [contractor] and its personnel or any subcontractors, consultants, suppliers, or subsuppliers of equipment, goods or services at any tier and their personnel identified in the attached list as amended from time to time, in connection with third-party claims, in any court or forum, arising from activities undertaken pursuant to the MNEPR Agreement, for nuclear damage occurring within or outside the territory of the Russian Federation, that results from a nuclear incident occurring within the territory of the Russian Federation.

         The Ministry of the Russian Federation for Atomic Energy, acting on behalf of the Government of the Russian Federation, agrees that any dispute, controversy or claim arising out of or relating to this Indemnity Confirmation Letter, including its existence or validity, shall be referred to and finally resolved by arbitration in accordance with UNCITRAL Arbitration Rules if such dispute has not been resolved amicably within 90 days of its submission to the Government of the Russian Federation for resolution. The appointing authority for the purposes of the UNCITRAL Arbitration Rules shall be the Stockholm Chamber of Commerce. The place of arbitration shall be the Arbitration Institute of the Stockholm Chamber of Commerce, Stockholm, Sweden and Swedish law shall apply. Where the UNCITRAL Arbitration Rules do not provide for a particular situation the arbitration tribunal shall determine the course of action to be followed.
   This Indemnity Confirmation Letter shall enter into force upon signature by the Ministry of the Russian Federation for Atomic Energy, acting on behalf of the Government of the Russian Federation, and it shall remain in effect in accordance with the MNEPR Agreement and the Protocol.
   …
   (Signature)
   (Title)
   (Authorised representative of the Ministry of the Russian Federation for Atomic Energy)
   …
   (Date)


Avis juridique important

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31996D0230

96/230/EC: Council Decision of 19 March 1996 appointing a member of the Committee of the Regions

Official Journal L 077 , 27/03/1996 P. 0029 - 0029

COUNCIL DECISION of 19 March 1996 appointing a member of the Committee of the Regions (96/230/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decision of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),Whereas a seat as a member of the Committee has become vacant following the resignation of Mr Peter Radunski, notified to the Council on 4 March 1996;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole Article Mr Gerd Wartenberg is hereby appointed a member of the Committee of the Regions in place of Mr Peter Radunski for the remainder of the latter's term of office, which runs until 25 January 1998.Done at Brussels, 19 March 1996.For the CouncilThe PresidentW. LUCHETTI(1) OJ No L 31, 4. 2. 1994, p. 29.


title: 2009/478/EC: Council Decision of 6 April 2009 on the signing and provisional application of the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver

text:
               30.6.2009

               EN

               Official Journal of the European Union

               L 169/1

         COUNCIL DECISION
   of 6 April 2009
   on the signing and provisional application of the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver
   (2009/478/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular point 2(b)(i) of Article 62, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Council Regulation (EC) No 1932/2006 (1) amended Regulation (EC) No 539/2001 (2) listing the third countries whose nationals must be in possession of visas when crossing the external borders of the European Union (negative list), and those whose nationals are exempt from that requirement (positive list) by, inter alia, transferring Antigua and Barbuda from the negative to the positive list. Furthermore, Regulation (EC) No 1932/2006 provides that the exemption is to be applied only from the date of entry into force of an agreement on visa exemption to be concluded between the European Community and Antigua and Barbuda.

               (2)

               By decision of 5 June 2008, the Council authorised the Commission to negotiate an agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver.

               (3)

               Negotiations on the agreement were opened on 18 July 2008 and concluded on 16 October 2008.

               (4)

               The Agreement initialled in Brussels on 19 November 2008 should be signed and the attached declarations be approved. The Agreement should be applied on a provisional basis, pending the completion of the procedures for its formal conclusion.

               (5)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (hereinafter referred to as the Agreement) is hereby approved on behalf of the Community, subject to its conclusion.
   The text of the Agreement is attached to this Decision.
   Article 2
   The declarations attached to this Decision shall be approved on behalf of the Community.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.
   Article 4
   The Agreement shall be applied on a provisional basis as from the date of signature thereof (3), pending the completion of the procedures for its formal conclusion.

      Done at Luxembourg, 6 April 2009.

            For the Council

            The President

         J. POSPÍŠIL

      (1)  OJ L 405, 30.12.2006, p. 23.

      (2)  OJ L 81, 21.3.2001, p. 1.

      (3)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN
   The Contracting Parties take note of the close relationship between the European Community and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of these countries with the implementation, application and development of the Schengen acquis.
   In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, Liechtenstein, on the one hand, and Antigua and Barbuda, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in similar terms as this Agreement.
   JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED IN ARTICLE 3(2) OF THIS AGREEMENT
   Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purpose of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation/remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.
   This category should not cover:

               —

               businesspersons, i.e. persons travelling for the purpose of business deliberation (without being employed in the country of the other Contracting Party),

               —

               sportspersons and artists performing an activity on an ad-hoc basis,

               —

               journalists sent by the media of their country of residence, and

               —

               intra-corporate trainees.

         The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.
   JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF THREE MONTHS DURING A SIX MONTHS PERIOD FOLLOWING THE DATE OF FIRST ENTRY AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT
   The Contracting Parties agree that the maximum period of three months during a six months period following the date of first entry into the territory of Antigua and Barbuda or the Schengen area as provided by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the duration of which does not exceed three months in any six months period in total.
   JOINT DECLARATION ON THE INFORMATION OF THE CITIZENS ABOUT THE VISA WAIVER AGREEMENT
   Recognising the importance of transparency for the citizens of the European Union and Antigua and Barbuda, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.
    ---documentbreak---

               30.6.2009

               EN

               Official Journal of the European Union

               L 169/3

         AGREEMENT
   between the European Community and Antigua and Barbuda on the short-stay visa waiver
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’ and
   ANTIGUA AND BARBUDA, hereinafter referred to jointly as ‘the Contracting Parties’,
   WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,
   HAVING REGARD to Council Regulation (EC) No 1932/2006 of 21 December 2006, amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring six third countries, including Antigua and Barbuda to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States of the European Union (EU),
   BEARING IN MIND that Article 2 of Regulation (EC) No 1932/2006 states that for these six countries, the exemption from the visa requirement is to be applied only from the date of entry into force of an agreement on visa exemptions which is to be concluded by the European Community with the country in question,
   RECOGNISING that the citizens of several Member States are exempted from the visa requirement when travelling to Antigua and Barbuda for a period not exceeding 6 months, while those of other Member States are under the visa requirement,
   DESIRING to safeguard the principle of equal treatment of all EU citizens,
   TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for this category the relevant rules of Community law and national law of the Member States and the national law of Antigua and Barbuda on the visa obligation or exemption and on the access to employment continue to apply,
   TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the United Kingdom and Ireland,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose
   This Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Antigua and Barbuda when travelling to the territory of the other Contracting Party for a maximum period of three months during a six months period.
   Article 2
   Definitions
   For the purpose of this Agreement:

               (a)

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

               (b)

               ‘a citizen of the European Union’ shall mean a national of a Member State as defined in point (a);

               (c)

               ‘a citizen of Antigua and Barbuda’ shall mean any person who holds the citizenship of Antigua and Barbuda;

               (d)

               ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

         Article 3
   Scope of application
   1.   The citizens of the European Union holding a valid ordinary, diplomatic or service/official passport issued by a Member State may enter and stay without a visa in the territory of Antigua and Barbuda for the period of stay as defined in Article 4(1).
   The citizens of Antigua and Barbuda holding a valid ordinary, diplomatic or service/official passport issued by Antigua and Barbuda may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).
   2.   Paragraph 1 does not apply to persons travelling for the purpose of carrying out a paid activity.
   For this category of persons, each Member State individually may decide to impose the visa requirement on the citizens of Antigua and Barbuda or to withdraw it according to Article 4(3) of Regulation (EC) No 539/2001.
   For this category of persons, Antigua and Barbuda may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.
   3.   The visa waiver provided by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Antigua and Barbuda reserve the right to refuse entry into and short stay in their territories if one or more of these conditions are not met.
   4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.
   5.   Issues not covered by this Agreement shall be governed by Community law, national law of the Member States or by national law of Antigua and Barbuda.
   Article 4
   Duration of stay
   1.   The citizens of the European Union may stay in the territory of Antigua and Barbuda for a maximum period of three months during a six months period following the date of first entry into the territory of the country.
   2.   The citizens of Antigua and Barbuda may stay in the Schengen area for a maximum period of three months during a six months period following the date of first entry into the territory of any Member State fully applying the Schengen acquis. This period of three months during a period of six months shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.
   The citizens of Antigua and Barbuda may stay for a maximum period of three months during a six months period following the date of first entry in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the Schengen area.
   3.   This Agreement does not affect the possibility for Antigua and Barbuda and the Member States to extend the period of stay beyond three months in accordance with national law and Community law.
   Article 5
   Territorial application
   1.   As regards the French Republic, the provisions of this Agreement shall apply only to the European territory of the French Republic.
   2.   As regards the Kingdom of the Netherlands, the provisions of this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.
   Article 6
   Joint Committee for the management of the Agreement
   1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the Committee), composed of representatives of the European Community and representatives of Antigua and Barbuda. The Community shall be represented by the European Commission.
   2.   The Committee shall have, inter alia, the following tasks:

               (a)

               monitoring the implementation of this Agreement;

               (b)

               suggesting amendments or additions to this Agreement;

               (c)

               settling disputes arising from the interpretation or application of the provisions of this Agreement.

         3.   The Committee shall be convened whenever necessary at the request of one of the Contracting Parties.
   4.   The Committee shall establish its rules of procedure.
   Article 7
   Relation between this Agreement and existing bilateral visa waiver agreements between the Member States and Antigua and Barbuda
   This Agreement shall take precedence over the provisions of any bilateral agreements or arrangements concluded between individual Member States and Antigua and Barbuda, in so far as their provisions cover issues falling within the scope of this Agreement.
   Article 8
   Final provisions
   1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to above have been completed.
   2.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 5.
   3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.
   4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, protection of national security or protection of public health, illegal immigration or the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its entry into force. The Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party once the reasons for suspension no longer exist.
   5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.
   6.   Antigua and Barbuda may suspend or terminate this Agreement only in respect of all the Member States.
   7.   The Community may suspend or terminate this Agreement only in respect of all of its Member States.

      Done at Brussels, in duplicate, on 28 May 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

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

         За Антигуа и Барбуда
         Por Antigua y Barbuda
         Za Antiguu a Barbudu
         For Antigua and Barbuda
         Für Antigua und Barbuda
         Antigua ja Barbuda nimel
         Για την Αντίγκουα και Μπαρμπούντα
         For Antigua and Barbuda
         Pour Antigua-et-Barbuda
         Per Antigua e Barbuda
         Antigvas un Barbudas vārdā
         Antigvos ir Barbudos vardu
         Antigua és Barbuda részéről
         Għal Antigwa u Barbuda
         Voor Antigua en Barbuda
         W imieniu Antigui i Barbudy
         Por Antígua e Barbuda
         Pentru Antigua și Barbuda
         Za Antiguu a Barbudu
         Za Antigvo in Barbudo
         Antigua ja Barbudan puolesta
         För Antigua och Barbuda

      (1)  OJ L 405, 30.12.2006, p. 23.


Avis juridique important

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32003D0516

2003/516/EC: Council Decision of 6 June 2003 concerning the signature of the Agreements between the European Union and the United States of America on extradition and mutual legal assistance in criminal matters

Official Journal L 181 , 19/07/2003 P. 0025 - 0026

Council Decisionof 6 June 2003concerning the signature of the Agreements between the European Union and the United States of America on extradition and mutual legal assistance in criminal matters(2003/516/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,Whereas:(1) The Member States of the European Union cooperate in criminal matters with the United States of America on the basis of bilateral agreements, conventions, treaties, national law and arrangements.(2) The European Union is determined to improve this cooperation in order to be able to combat, in particular, transnational crime and terrorism in a more effective way.(3) The Council decided on 26 April 2002 to authorise the Presidency, assisted by the Commission, to enter into negotiations with the United States of America, and the Presidency negotiated two Agreements on international cooperation in criminal matters, one on mutual legal assistance and one on extradition, with the United States of America.(4) The Agreements should be signed on behalf of the European Union, subject to their subsequent conclusion. The European Union will, at the time of the signature make the following declaration:"The European Union states that it is in a process of development of an area of freedom, security and justice, which may have consequences that affect the Agreements with the United States. These developments will be considered carefully by the Union in particular as regards Article 10(2) of the Extradition Agreement. The Union will wish to consult with the United States in order to find solutions to any developments affecting the Agreements, including, if needed, through revision of the Agreements. The Union states that Article 10 does not constitute a precedent for negotiations with third states."(5) The Agreements foresee in their Article 3(2) that written instruments be exchanged between the United States of America and the Member States of the Union on the application of bilateral treaties. Article 3(3) of the Agreement on mutual legal assistance provides a similar obligation for those Member States that do not have a bilateral mutual legal assistance treaty with the United States. With a view to the drawing up of such written instruments the Member States should coordinate their action within the Council,HAS DECIDED AS FOLLOWS:Article 11. The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreements on behalf of the European Union, subject to their later conclusion.2. The text of the Agreements and the accompanying Explanatory Notes, the latter recording an understanding between the European Union and the United States of America, are annexed to this Decision.Article 21. The Member States shall take the necessary steps with a view to the drawing up of written instruments between them and the United States of America as contemplated in Article 3(2) of the Agreement on Extradition and Article 3(2) and (3) of the Agreement on Mutual Legal Assistance.2. The Member States shall coordinate their actions pursuant to paragraph 1 within the Council.Article 3In case of extension of the territorial application of the Agreements in accordance with Article 20(1)(b), second indent, of the Agreement on Extradition or Article 16(1)(b), second indent, of the Agreement on Mutual Legal Assistance, the Council shall decide by unanimity on behalf of the European Union.Article 4This Decision and its annexes shall be published in the Official Journal of the European Union.Done at Luxembourg, 6 June 2003.For the CouncilThe PresidentM. Chrisochoïdis


Avis juridique important

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32002D0681

2002/654/ECSC: Commission Decision of 8 July 2002 on the conclusion of an agreement between the European Coal and Steel Community and the Government of the Republic of Kazakhstan on trade in certain steel products (notified under document number C(2002) 2489)

Official Journal L 222 , 19/08/2002 P. 0019 - 0019

Commission Decisionof 8 July 2002on the conclusion of an agreement between the European Coal and Steel Community and the Government of the Republic of Kazakhstan on trade in certain steel products(notified under document number C(2002) 2489)(2002/654/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,Having regard to the opinion of the Consultative Committee,After the unanimous assent of the Council,Whereas:(1) Following the Council Decision of 19 November 2001, the Commission opened negotiations with the Government of the Republic of Kazakhstan, culminating in an Agreement concerning trade in certain steel products covered by the European Coal and Steel Community.(2) The Agreement establishes quantitative limits for the entry into free circulation in the Community of certain steel products for the years 2002 to 2004,HAS DECIDED AS FOLLOWS:Article 11. The Agreement with the Republic of Kazakhstan concerning trade in certain steel products is hereby approved on behalf of the European Coal and Steel Community.2. The text of the Agreement(1) is annexed to this Decision.Article 2The President of the Commission is hereby authorised to designate the persons empowered to sign the Agreement referred to in Article 1 in order to bind the European Coal and Steel Community.Done at Brussels, 9 July 2002.For the CommissionPascal LamyMember of the Commission(1) See page 20 of this Official Journal.


               21.9.2016

               EN

               Official Journal of the European Union

               C 346/110

         P8_TA(2015)0096
   Scrutiny of the declarations of financial interests of Commissioners-designate (interpretation of paragraph 1(a) of Annex XVI to the Rules of Procedure)
   European Parliament decision of 28 April 2015 concerning the scrutiny of the declarations of financial interests of Commissioners-designate (interpretation of paragraph 1(a) of Annex XVI to the Rules of Procedure) (2015/2047(REG))
   (2016/C 346/19)

      The European Parliament,

               —

               having regard to the letter of 9 April 2015 from the Chair of the Committee on Constitutional Affairs,

               —

               having regard to Rule 226 of its Rules of Procedure,

               1.

               Decides to append the following interpretation to paragraph 1(a) of Annex XVI to the Rules of Procedure:
               ‘Scrutiny of the declaration of financial interests of a Commissioner-designate by the committee responsible for legal affairs consists not only in verifying that the declaration has been duly completed but also in assessing whether a conflict of interests may be inferred from the content of the declaration. It is then for the committee responsible for the hearing to decide whether or not it requires further information from the Commissioner-designate.’

               2.

               Instructs its President to forward this decision to the Council and the Commission, for information.