title: 2006/235/EC: Council Decision of  27 February 2006  on the conclusion, on behalf of the European Community, of the Agreement between the European Community and the Swiss Confederation concerning the latter's participation in the European Environment Agency and the European Environment Information and Observation Network

text:
               28.3.2006

               EN

               Official Journal of the European Union

               L 90/36

         COUNCIL DECISION
   of 27 February 2006
   on the conclusion, on behalf of the European Community, of the Agreement between the European Community and the Swiss Confederation concerning the latter's participation in the European Environment Agency and the European Environment Information and Observation Network
   (2006/235/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), the first sentence of the first subparagraph of Article 300(3) and Article 300(4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               The activities of the European Environment Agency and the European Environment Information and Observation Network, established by Council Regulation (EEC) No 1210/90 (2), have already been extended to other European countries by means of bilateral agreements entered into by the Community, taking into account the transboundary nature of environmental issues and the importance of enhancing international cooperation in the field of environment.

               (2)

               On 20 July 2000, the Council authorised the Commission to negotiate with the Swiss Confederation an agreement concerning the participation in the European Environment Agency and the European Environment Information and Observation Network.

               (3)

               Subject to its conclusion at a later date, the Agreement was signed on behalf of the European Community on 26 October 2004.

               (4)

               The Agreement should be approved by the Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Swiss Confederation concerning the latter's participation in the European Environment Agency and the European Environment Information and Observation Network is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Community, give the notification provided for in Article 20 of the Agreement (3).
   Article 3
   The Community shall be represented by the Commission on the Joint Committee set up under Article 16 of the Agreement.
   The position to be taken by the Community as regards decisions of the Joint Committee shall be adopted by the Council, acting by qualified majority on a proposal from the Commission, for matters relating to the financial contribution of Switzerland and for any substantial derogation regarding the incorporation of acts of Community legislation to Annex I and for any amendment to Annex III.
   For all other decisions of the Joint Committee, including the regular incorporation of acts of Community legislation to Annex I, subject to any technical adjustment needed, and matters relating to the internal functioning of the Joint Committee, the Community position shall be adopted by the Commission.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 February 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  Not yet published in the Official Journal.

      (2)  OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1641/2003 of the European Parliament and of the Council (OJ L 245, 23.9.2003, p. 1).

      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               28.3.2006

               EN

               Official Journal of the European Union

               L 90/37

         AGREEMENT
   between the European Community and the Swiss Confederation concerning the participation of Switzerland in the European Environment Agency and the European Environment Information and Observation Network
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   and
   THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
   Hereinafter together referred to as the ‘Contracting Parties’,
   RECOGNISING the transboundary nature of environmental issues and the importance of enhancing international cooperation in the field of environment,
   TAKING INTO ACCOUNT Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network, as amended by Council Regulation (EC) No 933/1999 and Regulation (EC) No 1641/2003 of the European Parliament and of the Council,
   TAKING INTO ACCOUNT that the activities of the European Environment Agency and the European Environment Information and Observation Network have already extended to other European countries by means of bilateral agreements entered into by the European Community,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Switzerland shall participate fully in the European Environment Agency, hereinafter referred to as the ‘Agency’, and the European Environment Information and Observation Network (EIONET) and shall apply the acts listed in Annex I.
   Article 2
   Switzerland shall contribute financially to the activities referred to under Article 1 (Agency and EIONET) in accordance with the following:

               (a)

               The annual contribution for a given year shall be calculated on the basis of the Community subsidy to the budget of the Agency for that given year, divided by the number of Member States of the Community.

               (b)

               The further terms and conditions of the financial contribution of Switzerland are set out in Annex II.

         Article 3
   Switzerland shall participate fully, without the right to vote, in the Agency Management Board and shall be associated with the work of the Scientific Committee of the Agency.
   Article 4
   Switzerland shall, within six months from the entry into force of this Agreement, inform the Agency of the main component elements of its national information networks as set out in the acts listed in Annex I.
   Article 5
   Switzerland shall in particular designate from among the institutions referred to in Article 4 or from among other organisations established in its territory a ‘national focal point’ for coordinating and/or transmitting the information to be supplied at national level to the Agency and to the institutions or bodies forming part of the EIONET, including the topic centres referred to under Article 6.
   Article 6
   Switzerland may also, within the period laid down in Article 4, identify the institutions or other organisations established in its territory, which could be specifically entrusted with the task of cooperating with the Agency as regards certain topics of particular interest. An institution thus identified should be in a position to conclude an agreement with the Agency to act as a topic centre of the network for specific tasks. These centres shall cooperate with other institutions which form part of the network.
   Article 7
   Within six months of receiving the information referred to in Articles 4, 5 and 6, the Management Board of the Agency shall review the main elements of the network to take account of the participation of Switzerland.
   Article 8
   Switzerland should, subject to the condition that confidentiality is protected, provide data according to the obligations and practice established in the Agency work programme.
   Article 9
   The Agency may agree with the institutions or bodies designated by Switzerland and which form part of the network, as referred to in Articles 4, 5 and 6, upon the necessary arrangements, in particular contracts, for successfully carrying out the tasks which it may entrust to them.
   Article 10
   Environmental data supplied to or emanating from the Agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in Switzerland as it is afforded within the Community.
   Article 11
   The Agency shall have legal personality in Switzerland and it shall enjoy in Switzerland the most extensive legal capacity accorded to legal persons under its laws.
   Article 12
   Switzerland shall apply to the Agency the Protocol on the Privileges and Immunities of the European Communities, which is set out as Annex III.
   Article 13
   By way of derogation from Article 12(2)(a) of Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 on the Staff Regulations of Officials and the Conditions of Employment of other servants of the European Communities, nationals of Switzerland enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.
   Article 14
   The provisions relating to financial control by the Community in Switzerland concerning the participants in the activities of the Agency or EIONET are set out in Annex IV.
   Article 15
   The Contracting Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.
   Article 16
   1.   A Joint Committee, composed of representatives of the Contracting Parties, shall ensure the proper application of this Agreement. It shall meet upon request of a Contracting Party.
   2.   The Joint Committee shall hold an exchange of views on the implications of new Community legislation amending Regulation EEC No 1210/90 or any other legal instrument referred to in this Agreement, including, if appropriate, on any expected implications relating to the financial contribution laid down in Article 2 of this Agreement and Annex II thereto.
   3.   In accordance with the respective internal procedures of the Contracting Parties, the Joint Committee may adopt a decision amending the Annexes to this Agreement or decide any other measure to safeguard the proper functioning of this Agreement.
   4.   The Joint Committee shall act by mutual agreement.
   Article 17
   The Annexes to this Agreement, including the Appendix thereto, shall form an integral part thereof.
   Article 18
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the terms laid down in this Treaty and, on the other hand, to the territory of Switzerland.
   Article 19
   This Agreement is concluded for an unlimited period. Either Contracting Party may denounce this Agreement by notifying the other Contracting Party. This Agreement shall cease to apply six months after the date of such notification.
   Article 20
   This Agreement will be approved by the Contracting Parties in accordance with their own internal procedures. It shall enter into force on the first day of the second month following the day on which the Contracting Parties notify each other that the procedures necessary to this end have been completed.
   Article 21
   1.   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
   2.   The Maltese language version shall be authenticated by the Contracting Parties on the basis of an exchange of letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.
   IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.

      Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.
      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
      Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.
      'Εγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
      Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
      Fait à Luxembourg, le vingt-six octobre deux mille quatre.
      Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
      Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.
      Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
      Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwa tysiące czwartego.
      Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri
      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

         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
         Za Európske spoločenstvo
         za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

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

   ANNEX I
   Applicable acts
   Wherever acts specified in this Annex contain references to Member States of the European Community, or a requirement for a link with the latter, the references shall, for the purpose of this Agreement, be understood to apply equally to Switzerland or to the requirement of a link with Switzerland.

               —

               Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (OJ L 120, 11.5.1990, p. 1), as amended by:

                           —

                           Council Regulation (EC) No 933/1999 of 29 April 1999 (OJ L 117, 5.5.1999, p. 1);

                           —

                           Regulation (EC) No 1641/2003 of the European Parliament and of the Council of 22 July 2003 (OJ L 245, 29.9.2003, p. 1).

         ANNEX II
   Financial contribution of Switzerland to the European Environment Agency

               1.

               The financial contribution to be paid by Switzerland to the budget of the European Union to participate in the Agency will be calculated by dividing the annual Community subsidy to the Agency for a given year by the number of Member States of the Community.

               2.

               The contribution of Switzerland will be managed in accordance with the Financial Regulation applicable to the general budget of the European Communities.

               3.

               Travel costs and subsistence costs incurred by representatives and experts of Switzerland for the purposes of taking part in the Agency activities or meetings related to the implementation of the Agency's work programme shall be reimbursed by the Agency on the same basis as and in accordance with the procedures currently in force for the experts of the Member States of the Community.

               4.

               After the entry into force of this Agreement and at the beginning of each following year, the Commission of the European Communities, hereinafter referred to as ‘the Commission’, will send to Switzerland a call for funds corresponding to its contribution to the Agency under this Agreement. For the first calendar year of its participation Switzerland will pay a contribution calculated from the date of participation to the end of the year on a pro rata basis. For the following years the contribution will be in accordance with this Agreement.
               This contribution shall be expressed in euro and paid into a euro bank account of the Commission.

               5.

               Switzerland will pay its contribution according to the call for funds by 1 May provided that the call for funds is sent by the Commission before 1 April, or at the latest in a period of 30 days after the call for funds is sent.
               Any delay in the payment of the contribution shall give rise to the payment of interest by Switzerland on the outstanding amount from the due date. The interest rate corresponds to the rate applied by the European Central Bank, on the due date, for its operations in euro, increased by 1,5 percentage points.

         ANNEX III
   Protocol on the privileges and immunities of the European Communities
   THE HIGH CONTRACTING PARTIES,
   CONSIDERING that, in accordance with Article 28 of the Treaty establishing a Single Council and a Single Commission of the European Communities, these Communities and the European Investment Bank shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks,
   HAVE AGREED upon the following provisions, which shall be annexed to this Treaty.
   CHAPTER I
   PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN COMMUNITIES
   Article 1
   The premises and buildings of the Communities shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation.
   The property and assets of the Communities shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice.
   Article 2
   The archives of the Communities shall be inviolable.
   Article 3
   The Communities, their assets, revenues and other property shall be exempt from all direct taxes.
   The governments of the Member States shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Communities make, for their official use, substantial purchases the price of which includes taxes of this kind. These provisions shall not be applied, however, so as to have the effect of distorting competition within the Communities.
   No exemption shall be granted in respect of taxes and dues which amount merely to charges for public utility services.
   Article 4
   The Communities shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for their official use: articles so imported shall not be disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the government of that country.
   The Communities shall also be exempt from any customs duties and any prohibitions and restrictions on import and exports in respect of their publications.
   Article 5
   The European Coal and Steel Community may hold currency of any kind and operate accounts in any currency.
   CHAPTER II
   COMMUNICATIONS AND LAISSEZ PASSER
   Article 6
   For their official communications and the transmission of all their documents, the institutions of the Communities shall enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions.
   Official correspondence and other official communications of the institutions of the Communities shall not be subject to censorship.
   Article 7
   1.   Laissez passer in a form to be prescribed by the Council, which shall be recognized as valid travel documents by the authorities of the Member States, may be issued to members and servants of the institutions of the Communities by the Presidents of these institutions. These laissez passer shall be issued to officials and other servants under conditions laid down in the Staff Regulations of officials and the Conditions of Employment of other servants of the Communities.
   The Commission may conclude agreements for these laissez passer to be recognised as valid travel documents within the territory of third countries.
   2.   The provisions of Article 6 of the Protocol on the privileges and immunities of the European Coal and Steel Community shall, however, remain applicable to members and servants of the institutions who are at the date of entry into force of this Treaty in possession of the laissez passer provided for in that Article, until the provisions of paragraph 1 of this Article are applied.
   CHAPTER III
   MEMBERS OF THE EUROPEAN PARLIAMENT
   Article 8
   No administrative or other restriction shall be imposed on the free movement of Members of the European Parliament travelling to or from the place of meeting of the European Parliament.
   Members of the European Parliament shall, in respect of customs and exchange control, be accorded:

               (a)

               by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official missions;

               (b)

               by the government of other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official missions.

         Article 9
   Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties.
   Article 10
   During the sessions of the European Parliament, its Members shall enjoy:

               (a)

               in the territory of their own State, the immunities accorded to members of their parliament;

               (b)

               in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.

         Immunity shall likewise apply to Members while they are travelling to and from the place of meeting of the European Parliament.
   Immunity cannot be claimed when a Member is found in the act of committing an offence and shall not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.
   CHAPTER IV
   REPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES
   Article 11
   Representatives of Member States taking part in the work of the institutions of the Communities, their advisers and technical experts shall, in the performance of their duties and during their travel to and from the place of meeting, enjoy the customary privileges, immunities and facilities.
   This Article shall also apply to members of the advisory bodies of the Communities.
   CHAPTER V
   OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES
   Article 12
   In the territory of each Member State and whatever their nationality, officials and other servants of the Communities shall:

               (a)

               subject to the provisions of the Treaties relating, on the one hand, to the rules on the liability of officials and other servants towards the Communities and, on the other hand, to the jurisdiction of the Court in disputes between the Communities and their officials and other servants, be immune from legal proceedings in respect of acts performed by them in their official capacity, including their words spoken or written. They shall continue to enjoy this immunity after they have ceased to hold office;

               (b)

               together with their spouses and dependent members of their families, not be subject to immigration restrictions or to formalities for the registration of aliens;

               (c)

               in respect of currency or exchange regulations, be accorded the same facilities as are customarily accorded to officials of international organisations;

               (d)

               enjoy the right to import free of duty their furniture and effects at the time of first taking up their post in the country concerned, and the right to re export free of duty their furniture and effects, on termination of their duties in that country, subject in either case to the conditions considered to be necessary by the government of the country in which this right is exercised;

               (e)

               have the right to import free of duty a motor car for their personal use, acquired either in the country of their last residence or in the country of which they are nationals on the terms ruling in the home market in that country, and to re export it free of duty, subject in either case to the conditions considered to be necessary by the government of the country concerned.

         Article 13
   Officials and other servants of the Communities shall be liable to a tax for the benefit of the Communities on salaries, wages and emoluments paid to them by the Communities, in accordance with the conditions and procedure laid down by the Council, acting on a proposal from the Commission.
   They shall be exempt from national taxes on salaries, wages and emoluments paid by the Communities.
   Article 14
   In the application of income tax, wealth tax and death duties and in the application of conventions on the avoidance of double taxation concluded between Member States of the Communities, officials and other servants of the Communities who, solely by reason of the performance of their duties in the service of the Communities, establish their residence in the territory of a Member State other than their country of domicile for tax purposes at the time of entering the service of the Communities, shall be considered, both in the country of their actual residence and in the country of domicile for tax purposes, as having maintained their domicile in the latter country provided that it is a member of the Communities. This provision shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful occupation, and to children dependent on and in the care of the persons referred to in this Article.
   Movable property belonging to persons referred to in the preceding paragraph and situated in the territory of the country where they are staying shall be exempt from death duties in that country; such property shall, for the assessment of such duty, be considered as being in the country of domicile for tax purposes, subject to the rights of third countries and to the possible application of provisions of international conventions on double taxation.
   Any domicile acquired solely by reason of the performance of duties in the service of other international organisations shall not be taken into consideration in applying the provisions of this Article.
   Article 15
   The Council shall, acting unanimously on a proposal from the Commission, lay down the scheme of social security benefits for officials and other servants of the Communities.
   Article 16
   The Council shall, acting on a proposal from the Commission and after consulting the other institutions concerned, determine the categories of officials and other servants of the Communities to whom the provisions of Article 12, the second paragraph of Article 13, and Article 14 shall apply, in whole or in part.
   The names, grades and addresses of officials and other servants included in such categories shall be communicated periodically to the governments of the Member States.
   CHAPTER VI
   PRIVILEGES AND IMMUNITIES OF MISSIONS OF THIRD COUNTRIES ACCREDITED TO THE EUROPEAN COMMUNITIES
   Article 17
   The Member State in whose territory the Communities have their seat shall accord the customary diplomatic immunities and privileges to missions of third countries accredited to the Communities.
   CHAPTER VII
   GENERAL PROVISIONS
   Article 18
   Privileges, immunities and facilities shall be accorded to officials and other servants of the Communities solely in the interests of the Communities.
   Each institution of the Communities shall be required to waive the immunity accorded to an official or other servant wherever that institution considers that the waiver of such immunity is not contrary to the interests of the Communities.
   Article 19
   The institutions of the Communities shall, for the purpose of applying this Protocol, cooperate with the responsible authorities of the Member States concerned.
   Article 20
   Articles 12 to 15 and Article 18 shall apply to Members of the Commission.
   Article 21
   Articles 12 to 15 and Article 18 shall apply to the Judges, the Advocates General, the Registrar and the Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions of Article 3 of the Protocols on the Statute of the Court of Justice concerning immunity from legal proceedings of Judges and Advocates General.
   Article 22
   This Protocol shall also apply to the European Investment Bank, to the members of its organs, to its staff and to the representatives of the Member States taking part in its activities, without prejudice to the provisions of the Protocol on the Statute of the Bank.
   The European Investment Bank shall in addition be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. Similarly, its dissolution or liquidation shall not give rise to any imposition. Finally, the activities of the Bank and of its organs carried on in accordance with its Statute shall not be subject to any turnover tax.
   Article 23
   This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.
   The European Central Bank shall, in addition, be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. The activities of the Bank and of its organs carried on in accordance with the Statute of the European System of Central Banks and of the European Central Bank shall not be subject to any turnover tax.
   The above provisions shall also apply to the European Monetary Institute. Its dissolution or liquidation shall not give rise to any imposition.
   IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.
   Done at Brussels this eighth day of April in the year one thousand nine hundred and sixty-five.
   ANNEX IV
   Financial control as regards Swiss participants in activities of the European Environment Agency and EIONET
   Article 1
   Direct communication
   The Agency and the Commission shall communicate directly with all persons or entities established in Switzerland and participating in activities of the Agency or EIONET, as contractors, participants in Agency programmes, recipients of payments from the Agency or the Community budget, or subcontractors. Such persons may send directly to the Commission and to the Agency all relevant information and documentation which they are required to submit on the basis of the instruments referred to in this Agreement and of contracts or agreements concluded and any decisions taken pursuant to them.
   Article 2
   Audits
   1.   In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 and the financial regulation adopted by the Management Board of the Agency on 26 March 2003, with Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 and with the other instruments referred to in this Agreement, contracts or agreements concluded and decisions taken with beneficiaries established in Switzerland may provide for scientific, financial, technological or other audits to be conducted at any time on the premises of the beneficiaries and of their subcontractors by Agency and Commission officials or by other persons mandated by the Agency and the Commission.
   2.   Agency and Commission officials and other persons mandated by the Agency and the Commission shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including in electronic form. This right of access shall be stated explicitly in the contracts or agreements concluded to implement the instruments referred to in this Agreement.
   3.   The Court of Auditors of the European Communities is to have the same rights as the Commission.
   4.   The audits may take place until five years after the expiry of this Agreement or under the terms of the contracts or agreements concluded and the decisions taken.
   5.   The Swiss Federal Audit Office shall be informed in advance of audits conducted on Swiss territory. This information shall not be a legal condition for carrying out such audits.
   Article 3
   On-the-spot checks
   1.   Under this Agreement, the Commission (OLAF) shall be authorised to carry out on-the-spot checks and inspections on Swiss territory, under the terms and conditions set out in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996.
   2.   On-the-spot checks and inspections shall be prepared and conducted by the Commission in close cooperation with the Swiss Federal Audit Office or with other competent Swiss authorities appointed by the Swiss Federal Audit Office, which shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can provide all the requisite help. To that end, the officials of the competent Swiss authorities may participate in the on-the-spot checks and inspections.
   3.   If the Swiss authorities concerned so wish, the on-the-spot checks and inspections may be carried out jointly by the Commission and by them.
   4.   Where the participants in the programme resist an on-the-spot check or inspection, the Swiss authorities, acting in accordance with national rules, shall give the Commission inspectors such assistance as they need to allow them to discharge their duty in carrying out an on-the-spot check or inspection.
   5.   The Commission shall report as soon as possible to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which has come to its notice in the course of the on-the-spot check or inspection. In any event the Commission is required to inform the aforementioned authority of the result of such checks and inspections.
   Article 4
   Information and consultation
   1.   For the purposes of proper implementation of this Annex, the competent Swiss and Community authorities shall exchange information regularly and, at the request of one of the Parties, shall conduct consultations.
   2.   The competent Swiss authorities shall inform the Agency and the Commission without delay of any fact or suspicion which has come to their notice relating to an irregularity in connection with the conclusion and implementation of the contracts or agreements concluded in application of the instruments referred to in this Agreement.
   Article 5
   Confidentiality
   Information communicated or acquired in any form whatever pursuant to this Annex shall be covered by professional secrecy and protected in the same way as similar information is protected by Swiss law and by the corresponding provisions applicable to the Community institutions. Such information shall not be communicated to persons other than those within the Community institutions, in the Member States, or in Switzerland whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the financial interests of the Contracting Parties.
   Article 6
   Administrative measures and penalties
   Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the Agency or the Commission in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests.
   Article 7
   Recovery and enforcement
   Decisions taken by the Agency or the Commission within the scope of this Agreement which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland. The enforcement order shall be issued, without any further control than verification of the authenticity of the act, by the authority designated by the Swiss government, which shall inform the Agency or the Commission thereof. Enforcement shall take place in accordance with the Swiss rules of procedure. The legality of the enforcement decision shall be subject to control by the Court of Justice of the European Communities.
   Judgments given by the Court of Justice of the European Communities pursuant to an arbitration clause shall be enforceable on the same terms.


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32003D0907

2003/907/CFSP: Council Decision 2003/907/CFSP of 22 December 2003 implementing Common Position 2003/297/CFSP on Burma/Myanmar

Official Journal L 340 , 24/12/2003 P. 0081 - 0093

Council Decision 2003/907/CFSPof 22 December 2003implementing Common Position 2003/297/CFSP on Burma/MyanmarTHE COUNCIL OF THE EUROPEAN UNION,Having regard to Common Position 2003/297/CFSP of 28 April 2003 on Burma/Myanmar(1) and in particular Article 8 thereof, in conjunction with Article 23(2) of the Treaty on European Union,Whereas:(1) In accordance with Article 8 of Common Position 2003/297/CFSP, the Council, acting upon a proposal by a Member State or the Commission, is to adopt modifications to the list contained in the Annex to that Common Position of persons subject to the restrictive measures as required.(2) By Decision 2003/461/CFSP(2), the Council updated the list contained in the Annex to Common Position 2003/297/CFSP.(3) Because of the appointment of the new members of the Government of Burma/Myanmar on 25 August 2003, a further update of that list is necessary,HAS DECIDED AS FOLLOWS:Article 1The list of persons set out in the Annex to Common Position 2003/297/CFSP is hereby replaced by the list set out in the Annex.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 22 December 2003.For the CouncilThe PresidentA. Costa(1) OJ L 106, 29.4.2003, p. 36. Common Position as amended by Decision 2003/461/CFSP (OJ L 154, 21.6.2003, p. 116).(2) OJ L 154, 21.6.2003, p. 116.ANNEXList of persons referred to in Article 11. State Peace and Development Council (SPDC)>TABLE>2. Regional Commanders>TABLE>3. Deputy Regional Commanders>TABLE>4. Ministers>TABLE>5. Deputy Ministers>TABLE>6. Former Members of Government>TABLE>7. Other Tourism Related Appointments>TABLE>8. Ministry of Defence Senior Officers>TABLE>9. Members of the Office of the Chief of Military Intelligence (OCMI)>TABLE>10. Military Officers running Prisons and Police>TABLE>11. United Solidarity and Development Association (USDA)>TABLE>12. Persons who benefit from Govt. Eco. Policies>TABLE>13. State Economic Enterprises>TABLE>


title: Council Decision of 21 October 2010 on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/28

         COUNCIL DECISION
   of 21 October 2010
   on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2010/701/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 46 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, on the other part (1) (the Agreement), provides that the Stabilisation and Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in that Article.

               (2)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (3)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Stabilisation and Association Council set up by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, concerning the implementation of Article 46 of the Agreement, shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 84, 20.3.2004, p. 13.
    ---documentbreak---

               23.11.2010

               EN

               Official Journal of the European Union

               L 306/29

         Draft
   DECISION No …/… OF THE STABILISATION AND ASSOCIATION COUNCIL
   established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part,
   of …
   with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement
   THE STABILISATION AND ASSOCIATION COUNCIL,
   Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (1), and in particular Article 46 thereof,
   Whereas:

               (1)

               Article 46 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (the Agreement), provides for the coordination of the social security systems of the former Yugoslav Republic of Macedonia and the Member States and lays down the principles for such coordination.

               (2)

               Article 46 of the Agreement provides that the Stabilisation and Association Council shall adopt a Decision for the purpose of implementing the objectives set out in that Article.

               (3)

               With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

               (4)

               In applying this Decision, the right of workers with the nationality of the former Yugoslav Republic of Macedonia to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where these workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance the former Yugoslav Republic of Macedonia.

               (5)

               Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by workers of the former Yugoslav Republic of Macedonia in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 46 of the Agreement.

               (6)

               It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of the former Yugoslav Republic of Macedonia, in order to facilitate the application of the coordination rules.

               (7)

               To ensure the smooth functioning of the coordination of the social security systems of the Member States and of the former Yugoslav Republic of Macedonia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and the former Yugoslav Republic of Macedonia as well as between the person concerned and the institution of the competent State.

               (8)

               Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

         HAS ADOPTED THIS DECISION:
   PART I

      GENERAL PROVISIONS

   Article 1
   Definitions
   1.   For the purposes of this Decision:

               (a)

               ‘Agreement’ means the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part;

               (b)

               ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

               (c)

               ‘implementing Regulation’ means 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 (4);

               (d)

               ‘Member State’ means a Member State of the European Union;

               (e)

               ‘worker’ means,

                           (i)

                           for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                           (ii)

                           for the purposes of the legislation of the former Yugoslav Republic of Macedonia, a person pursuing an activity as an employed person within the meaning of that legislation;

               (f)

               ‘member of the family’ means,

                           (i)

                           for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                           (ii)

                           for the purposes of the legislation of the former Yugoslav Republic of Macedonia, a member of the family within the meaning of that legislation;

               (g)

               ‘legislation’ means,

                           (i)

                           in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision;

                           (ii)

                           in relation to the former Yugoslav Republic of Macedonia, the relevant legislation as applicable in the former Yugoslav Republic of Macedonia relating to the benefits covered by this Decision;

               (h)

               ‘benefits’ means,

                           —

                           old-age pensions,

                           —

                           survivors’ pensions,

                           —

                           pensions in respect of accidents at work and occupational diseases,

                           —

                           invalidity pensions related to accidents at work and occupational diseases,

                           —

                           family allowances;

               (i)

               ‘exportable benefits’ means,

                           (i)

                           in relation to the Member States:

                                       —

                                       old-age pensions,

                                       —

                                       survivors’ pensions,

                                       —

                                       pensions in respect of accidents at work and occupational diseases,

                                       —

                                       invalidity pensions related to accidents at work and occupational diseases,

                                 within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                           (ii)

                           in relation to the former Yugoslav Republic of Macedonia, the corresponding benefits provided under the legislation of the former Yugoslav Republic of Macedonia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision;

         2.   Other terms used in this Decision shall have the meaning which is assigned to them:

               (a)

               in relation to the Member States, in the Regulation and the implementing Regulation;

               (b)

               in relation to the former Yugoslav Republic of Macedonia, in the relevant legislation as applicable in the former Yugoslav Republic of Macedonia.

         Article 2
   Persons covered
   This Decision shall apply:

               (a)

               to workers who are nationals of the former Yugoslav Republic of Macedonia and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

               (b)

               to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

               (c)

               to workers who are nationals of a Member State who are or have been legally employed in the territory of the former Yugoslav Republic of Macedonia and who are or have been subject to the legislation of the former Yugoslav Republic of Macedonia, and their survivors; and

               (d)

               to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in the former Yugoslav Republic of Macedonia.

         Article 3
   Equality of treatment
   1.   Workers who are nationals of the former Yugoslav Republic of Macedonia and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
   2.   Workers who are nationals of a Member State and are legally employed in the former Yugoslav Republic of Macedonia and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the former Yugoslav Republic of Macedonia.
   PART II

      RELATIONS BETWEEN THE MEMBER STATES AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

   Article 4
   Waiving of residence clauses
   1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

               (i)

               for the purpose of a benefit under the legislation of a Member State, within the territory of the former Yugoslav Republic of Macedonia; or

               (ii)

               for the purpose of a benefit under the legislation of the former Yugoslav Republic of Macedonia, within the territory of a Member State.

         2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned, when these family members reside within the territory of the former Yugoslav Republic of Macedonia.
   3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the former Yugoslav Republic of Macedonia when these family members reside within the territory of a Member State.
   PART III

      MISCELLANEOUS PROVISIONS

   Article 5
   Cooperation
   1.   The Member States and the former Yugoslav Republic of Macedonia shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
   2.   For the purposes of this Decision, the authorities and institutions of the Member States and of the former Yugoslav Republic of Macedonia shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of the former Yugoslav Republic of Macedonia may agree to certain expenses being reimbursed.
   3.   The authorities and institutions of the Member States and of the former Yugoslav Republic of Macedonia may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
   4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
   5.   The persons concerned must inform the institutions of the competent Member State or the former Yugoslav Republic of Macedonia, where the latter is the competent State, and of the Member State of residence or the former Yugoslav Republic of Macedonia, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
   6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
   7.   The Member States and the former Yugoslav Republic of Macedonia may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Stabilisation and Association Council.
   Article 6
   Administrative checks and medical examinations
   1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
   2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in the former Yugoslav Republic of Macedonia or in the former Yugoslav Republic of Macedonia when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
   The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
   The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in the former Yugoslav Republic of Macedonia or in the former Yugoslav Republic of Macedonia when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
   The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   4.   One or more Member States and the former Yugoslav Republic of Macedonia may agree on other administrative provisions, subject to their informing the Stabilisation and Association Council thereof.
   5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
   Article 7
   Application of Article 118 of the Agreement
   Article 118 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.
   Article 8
   Special provisions for the application of the legislation of the former Yugoslav Republic of Macedonia
   The Stabilisation and Association Council may, if necessary, lay down special provisions for the application of the legislation of the former Yugoslav Republic of Macedonia in Annex II.
   Article 9
   Administrative procedures from existing bilateral agreements
   Administrative procedures contained in existing bilateral agreements between a Member State and the former Yugoslav Republic of Macedonia may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.
   Article 10
   Agreements supplementing the procedures for implementing this Decision
   One or more Member States and the former Yugoslav Republic of Macedonia may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.
   PART IV

      TRANSITIONAL AND FINAL PROVISIONS

   Article 11
   Transitional provisions
   1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
   2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
   3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
   4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or the former Yugoslav Republic of Macedonia concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
   5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or the former Yugoslav Republic of Macedonia.
   Article 12
   Annexes to this Decision
   1.   The Annexes to this Decision constitute an integral part thereof.
   2.   At the request of the former Yugoslav Republic of Macedonia, the Annexes may be amended by a decision of the Stabilisation and Association Council.
   Article 13
   Entry into force
   This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

      Done at …, …

            For the Stabilisation and Association Council

            The President

      (1)  OJ L 84, 20.3.2004, p. 13.

      (2)  OJ L 124, 20.5.2003, p. 1.

      (3)  OJ L 166, 30.4.2004, p. 1.

      (4)  OJ L 284, 30.10.2009, p. 1.
   ANNEX I

      LIST OF THE SPECIAL NON-CONTRIBUTORY CASH BENEFITS OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

   …
   ANNEX II

      SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

   …


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32003D0040

2003/40/EC: Council Decision of 10 December 2002 appointing an alternate member of the Committee of the Regions

Official Journal L 013 , 18/01/2003 P. 0022 - 0022

Council Decisionof 10 December 2002appointing an alternate member of the Committee of the Regions(2003/40/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions,Whereas the seat of an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Bas VERKERK, of which the Council was notified on 12 November 2002,Having regard to the proposal from the Netherlands Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr J.W. van der SLUYS is hereby appointed an alternate member of the Committee of the Regions in place of Mr Bas VERKERK for the remainder of his term of office, which expires on 25 January 2006.Done at Brussels, 10 December 2002.For the CouncilThe PresidentP. S. Møller(1) OJ L 24, 26.1.2002, p. 38.


title: 2012/41/EU: Council Decision of 23 January 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning the setting-up of a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods and defining its rules of procedure

text:
               27.1.2012

               EN

               Official Journal of the European Union

               L 24/1

         COUNCIL DECISION
   of 23 January 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning the setting-up of a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods and defining its rules of procedure
   (2012/41/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Articles 207(2) and 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol 10 to the Agreement was amended by Decision of the EEA Joint Committee No 76/2009 of 30 June 2009 (2), with a view to inserting a new Chapter IIa on customs security measures.

               (2)

               Article 9b of Protocol 10 provides that, in bilateral trade between the Contracting Parties, the application of customs security measures shall be waived, provided that there is an equivalent level of customs security on their respective territories.

               (3)

               Article 9f of Protocol 10 also provides that the EEA Joint Committee shall define the rules allowing the Contracting Parties to ensure the monitoring of the implementation of Chapter IIa of that Protocol and to verify whether the provisions of Chapter IIa of and Annexes I and II to that Protocol are complied with,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the Union in the EEA Joint Committee on the setting-up of a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods and defining its rules of procedure shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 23 January 2012.

            For the Council

            The President

         M. GJERSKOV

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 232, 3.9.2009, p. 40.

      DRAFT
      DECISION No …/2011 OF THE EEA JOINT COMMITTEE
      of …
      setting up a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods and defining its rules of procedure
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area (hereinafter ‘the EEA Agreement’), and in particular Article 92 and Article 94(3) thereof, and Article 9f(1) of Protocol 10 to the EEA Agreement,
      Whereas:

                  (1)

                  Protocol 10 to the EEA Agreement was amended by Decision of the EEA Joint Committee No 76/2009 of 30 June 2009 (1), with a view to inserting a new Chapter IIa on customs security measures.

                  (2)

                  Article 9b of Protocol 10 provides that, in bilateral trade between the Contracting Parties, the application of customs security measures shall be waived, provided that there is an equivalent level of customs security on their respective territories.

                  (3)

                  Article 9f of Protocol 10 also provides that the EEA Joint Committee shall define the rules allowing the Contracting Parties to ensure the monitoring of the implementation of Chapter IIa of that Protocol and to verify whether the provisions of Chapter IIa of and Annexes I and II to that Protocol are complied with,

            HAS ADOPTED THIS DECISION:
      Article 1
      1.   A Joint Working Group on Customs Security Measures (hereinafter ‘the Working Group’), is hereby established in order to ensure the monitoring of the implementation of the customs security provisions in Chapter IIa of Protocol 10 to the EEA Agreement and to verify whether the provisions of Chapter IIa of and Annexes I and II to that Protocol are complied with.
      2.   The Working Group shall operate in accordance with the rules of procedure specified in the Annex to this Decision.
      3.   The Working Group shall report to Joint Subcommittee I on the free movement of goods, as referred to in Article 15(1)(a) of the Rules of Procedure of the EEA Joint Committee (2).
      Article 2
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (3).
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels, … .

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 232, 3.9.2009, p. 40.

         (2)  Decision of the EEA Joint Committee No 1/94 of 8 February 1994 adopting the Rules of Procedure of the EEA Joint Committee (OJ L 85, 30.3.1994, p. 60).

         (3)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]

         ANNEX
         to Decision No …/2011 of the EEA Joint Committee

            RULES OF PROCEDURE OF THE JOINT WORKING GROUP ON CUSTOMS SECURITY MEASURES

         Article 1
         Composition
         The Working Group shall be composed of representatives of the European Union, representatives of the EFTA States and representatives of the Member States of the European Union.
         Article 2
         Tasks
         1.   The Working Group shall evaluate the equivalency of customs security measures defined in the legislation of the Contracting Parties. In particular, it shall monitor the implementation of the legislation concerning pre-arrival and pre-departure information, security-related customs controls and risk management and the legislation concerning authorised economic operators. It shall also exchange information on amendments to the legislation concerned.
         2.   The Working Group shall discuss the necessary technical amendments to Chapter IIa of Protocol 10.
         3.   Upon a request of one of the Contracting Parties, the Working Group shall organise a meeting of a group of experts to discuss a specific issue. The Working Group shall also review administrative procedures of the Contracting Parties. In order to carry out such a review, the Working Group may agree to organise on-the-spot visits.
         4.   Upon a request of one of the Contracting Parties, the Working Group shall examine any issue which it considers relevant for the implementation of the customs security measures defined in Chapter IIa of Protocol 10.
         Article 3
         Chairmanship
         The meetings of the Working Group shall be chaired alternately every 6 months by a representative of the European Union and by a representative of one of the EFTA States to which Chapter IIa of Protocol 10 applies.
         Article 4
         Meetings
         1.   The Working Group shall meet on a regular basis and at least once a year.
         2.   The meetings shall take place in Brussels or in any other place decided by the Chair of the Working Group.
         3.   The Chair shall convene the meetings of the Working Group. Invitations to the meeting shall be sent to the participants referred to in Article 1 at least 10 working days before the meeting. In urgent matters, invitations may be sent out at a shorter notice.
         4.   The working language of the Working Group shall be English.
         5.   The meetings shall not be public unless otherwise agreed.
         Article 5
         Agenda
         1.   The Chair shall draw up the provisional agenda for each meeting. The provisional agenda shall be sent to the participants referred to in Article 1 at least 10 working days before the meeting.
         2.   The Contracting Parties may request the inclusion of an agenda item either in writing to the Chair or prior to the adoption of the agenda on the day of the meeting.
         Article 6
         Minutes
         1.   Minutes from each meeting of the Working Group shall be drawn up under the responsibility of the Chair. The minutes shall indicate, with respect to each agenda item, the recommendations and/or the conclusions of the Working Group.
         2.   The draft minutes shall be exchanged between the Contracting Parties and agreed within 20 working days after the meeting.
         Article 7
         Expenses
         The representatives of the Contracting Parties and the experts from the customs administrations of the Member States of the European Union shall cover all expenses they incur as a result of their participation in the meetings of the Working Group.


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32001D0543

2001/543/CFSP: Council Decision of 16 July 2001 repealing Council Decision 1999/74/CFSP on the implementation of Joint Action 97/288/CFSP concerning the financing of a communication system to all members of the Nuclear Suppliers Group which are not Member States of the European Union

Official Journal L 194 , 18/07/2001 P. 0056 - 0056

Council Decisionof 16 July 2001repealing Council Decision 1999/74/CFSP on the implementation of Joint Action 97/288/CFSP concerning the financing of a communication system to all members of the Nuclear Suppliers Group which are not Member States of the European Union(2001/543/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 23(2),Having regard to Joint Action 97/288/CFSP on the European Union's contribution to the promotion of transparency in nuclear-related export controls(1),Whereas:(1) On 25 January 1999, the Council adopted Decision 1999/74/CFSP concerning the financing of a communication system to all members of the Nuclear Suppliers Group which are not Member States of the European Union(2) which was intended to implement Joint Action 97/288/CFSP by financing a secure fax and telephone system for all NSG members which are not Member States of the European Union and for the NSG Point of Contact, fully compatible with the system in use in the European Community.(2) On 15 May 2001, the Commission informed the Council that due to lack of interest by the countries concerned, it was impossible to implement the European Union's offer of the secure fax and telephone system in accordance with Decision 1999/74/CFSP.(3) The total amount of the costs claimed by the supplier for preparatory work already conducted under the contract totals EUR 41133,75.(4) The management of the outstanding expenditure under Decision 1999/74/CFSP is subject to the procedures and rules of the Community applying to budget matters.(5) Decision 1999/74/CFSP should accordingly be repealed,HAS DECIDED AS FOLLOWS:Article 1Decision 1999/74/CFSP is hereby repealed.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision shall be published in the Official Journal.Done at Brussels, 16 July 2001.For the CouncilThe PresidentL. Michel(1) OJ L 120, 12.5.1997, p. 1.(2) OJ L 23, 30.1.1999, p. 4.


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31997D0388

97/388/EC: European Parliament Decision of 24 April 1997 giving discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1995 financial year

Official Journal L 162 , 19/06/1997 P. 0054 - 0055

EUROPEAN PARLIAMENT DECISION of 24 April 1997 giving discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1995 financial year (97/388/EC) THE EUROPEAN PARLIAMENT,- Having regard to the Treaty establishing the European Community, and in particular Article 206 thereof,- Having regard to the statement of accounts of the European Foundation for the Improvement of Living and Working Conditions and the report of the Court of Auditors on this subject (C4-0051/97),- Having regard to the Council recommendation of 17 April 1997 (C4-0178/97),- Having regard to the report of the Committee on Budgetary Control (A4-0139/97),A. Whereas the Court of Auditors finds that the financial statements for the financial year ended 31 December 1995 are reliable and the underlying transactions are, as a whole, legal and regular,1. Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions:>TABLE>2. Recommends yet again the appointment of a part-time financial controller for the Centre, possibly on a shared basis with other appropriate agencies, working under the Commission's financial controller, as a means of reducing the excessive recourse to imprest accounts;3. In the absence of a local financial controller in the Foundation and in order to accelerate cumbersome procedures, asks the Commission to introduce a system whereby financial proposals can be submitted by the Foundation to the Commission's financial control service for examination and approval by electronic means;4. Accepts that the Foundation's practice of making transfers between titles of its own budget is not in contravention of its own financial regulation, but emphasizes that such transfers are in principle undesirable; proposes therefore the following guidelines:(a) on no account in any one budgetary year must more than 10 % of appropriations in Titles 1 and 2 or 5 % of appropriations in Title 3 be transferred out of the title concerned;(b) all proposals for transfers between chapters in different titles must receive the explicit approval of the Commission and be sent at the same time for information to both arms of the budgetary authority;5. In order to achieve more rigorous budgeting in agencies, calls on the Commission to look into the possibility of creating a central 'contingency fund` to be drawn upon and/or paid into by decentralized Community agencies following unforeseen budgetary costs or savings on salaries arising from exchange rate movements; requests a feasibility study on this possibility by 30 September 1997;6. Looks forward to the introduction of a new common account system for all agencies in 1998 in the expectation that some of the isolated anomalies and errors in the financial management of the Foundation detected by the Court of Auditors will thereby be prevented;7. Continues to look forward to the definitive resolution of the long-standing difficulties relating to the ownership of the land occupied by the Foundation; asks the Foundation to inform the European Parliament as soon as the legal formalities for the acquisition of the leasehold of the land have been completed;8. Expresses its general satisfaction as to the reliability of the 1995 accounts and the legality and regularity of the financial management of the Foundation;9. Gives discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1995 financial year, on the basis of the report of the Court of Auditors;10. Instructs its President to forward this Decision to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PRIESTLEYThe PresidentJosé María GIL-ROBLES


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31982D0032

82/32/EEC: Council Decision of 21 December 1981 on the provisional application to the State of Antigua and Barbuda of the arrangements provided for in Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community

Official Journal L 016 , 22/01/1982 P. 0038 - 0038

*****COUNCIL  DECISION  of 21 December 1981  on the provisional application to the State of Antigua and Barbuda of the arrangements provided for in Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community  (82/32/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (1), and in particular the second subparagraph of Article 142 (2) thereof,  Having regard to the proposal from the Commission,  Whereas, pursuant to the second subparagraph of Article 142 (2) of Decision 80/1186/EEC, the arrangements provided for therein may continue to apply provisionally, under conditions laid down by the Council, to countries and territories which become independent;  Whereas Antigua, which is mentioned in Annex I to the said Decision, achieved independence on 1 November 1981 as the state of Antigua and Barbuda;  Whereas it should be decided to continue to apply provisionally to that State the arrangements provided for in the abovementioned Decision;  Whereas the second ACP-EEC Convention is open, in accordance with the procedure laid down in Article 185 thereof, to accession by countries or territories referred to in Part 4 of the Treaty which have become independent; whereas such accession can take place only following a request by the State concerned and with the approval of the ACP-EEC Council of Ministers;  Whereas Antigua and Barbuda has submitted a request for accession to the second ACP-EEC Convention,  HAS DECIDED AS FOLLOWS:  Article 1  The arrangements laid down by Decision 80/1186/EEC shall continue to apply provisionally to Antigua and Barbuda until that State accedes to the second ACP-EEC Convention.  Article 2  Questions relating to the application to Antigua and Barbuda of Decision 80/1186/EEC shall be dealt with as necessary by direct contact between the competent authorities of that State and of the Community.  Article 3  This Decision shall take effect on 1 November 1981.  Done at Brussels, 21 December 1981.  For the Council  The President  N. RIDLEY  (1) OJ No L 361, 31. 12. 1980, p. 1.