title: Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria

text:
               24.9.2011

               EN

               Official Journal of the European Union

               L 247/17

         COUNCIL DECISION 2011/628/CFSP
   of 23 September 2011
   amending Decision 2011/273/CFSP concerning restrictive measures against Syria
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 9 May 2011, the Council adopted Decision 2011/273/CFSP concerning restrictive measures against Syria. (1)

               (2)

               In light of the seriousness of the situation in Syria, the Union has decided to adopt additional restrictive measures against the Syrian regime.

               (3)

               Investment in key sectors in the oil industry in Syria should be prohibited.

               (4)

               The delivery of Syrian denominated banknotes and coinage to the Central Bank of Syria should be prohibited.

               (5)

               Additional persons and entities should be subject to the restrictive measures set out in Decision 2011/273/CFSP.

               (6)

               The information relating to certain persons on the list in the Annex to that Decision should be updated.

               (7)

               Decision 2011/273/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/273/CFSP is hereby amended as follows:

               (1)

               Article 2b is replaced by the following:
               ‘Article 2b
               The following shall be prohibited:

                           (a)

                           the granting of any financial loan or credit to enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria;

                           (b)

                           the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or in Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature;

                           (c)

                           the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control.’;

               (2)

               The following Articles are added:
               ‘Article 2c
               1.   The prohibitions in Article 2a shall be without prejudice to the execution, until 15 November 2011, of obligations provided for in contracts concluded before 2 September 2011.
               2.   The prohibitions in Article 2b(a) and (b) respectively:

                           (i)

                           shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 23 September 2011;

                           (ii)

                           shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 23 September 2011.

                     Article 2d
               The delivery of Syrian denominated banknotes and coinage to the Central Bank of Syria shall be prohibited.’;

               (3)

               Article 4(3)(e) is replaced by the following:

                           ‘(e)

                           necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, humanitarian workers and related assistance, or evacuations from Syria;’.

         Article 2
   The persons and entities listed in Annex I to this Decision shall be added to the list set out in the Annex to Decision 2011/273/CFSP.
   Article 3
   In the Annex to Decision 2011/273/CFSP, the entries for the following persons:

               (1)

               Emad GHRAIWATI;

               (2)

               Tarif AKHRAS;

               (3)

               Issam ANBOUBA,

         shall be replaced by the entries set out in Annex II to this Decision.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 September 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 121, 10.5.2011, p. 11.

      ANNEX I

         Persons and entities referred to in Article 2

         Persons

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Tayseer Qala Awwad

                  DoB: 1943; PoB Damascus

                  Minister of Justice. Associated with the Syrian regime, including by supporting its policies and practices of arbitrary arrest and detention.

                  23.09.2011

                  2.

                  Dr. Adnan Hassan Mahmoud

                  DoB: 1966; PoB Tartous

                  Minister of Information. Associated with the Syrian regime, including by supporting and promoting its information policy.

                  23.09.2011

         Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Addounia TV (a.k.a. Dounia TV)

                  Telephone: +963-11-5667274, +963-11-5667271,
                  Fax: +963-11-5667272
                  Website: http://www.addounia.tv

                  Addounia TV has incited violence against the civilian population in Syria.

                  23.09.2011

                  2.

                  Cham Holding

                              Cham Holding Building Daraa Highway - Ashrafiyat Sahnaya Rif Dimashq – Syria P.O Box 9525

                              Tel +963 (11) 9962 +963 (11) 668 14000 +963 (11) 673 1044

                              Fax +963 (11) 673 1274

                              Email info@chamholding.sy

                              www.chamholding.sy

                  Controlled by Rami Makhlouf; largest holding company in Syria, benefiting from and supporting the regime.

                  23.09.2011

                  3.

                  El-Tel Co. (a.k.a. El-Tel Middle East Company)

                              Address: Dair Ali Jordan Highway, P.O.Box 13052, Damascus – Syria

                              Telephone: +963-11-2212345

                              Fax: +963-11-44694450

                              Email: sales@eltelme.com

                              Website: www.eltelme.com

                  Manufacturing and supplying telecommunication equipment for the Army.

                  23.09.2011

                  4.

                  Ramak Constructions Co.

                              Address: Daa'ra Highway, Damascus, Syria

                              Telephone: +963-11-6858111

                              Mobile: +963-933-240231

                  Construction of military barracks, border post barracks and other buildings for Army needs.

                  23.09.2011

                  5.

                  Souruh Company (a.k.a. SOROH Al Cham Company)

                              Address: Adra Free Zone Area

                              Damascus – Syria

                              Telephone: +963-11-5327266

                              Mobile: +963-933-526812

                              +963-932-878282

                              Fax:+963-11-5316396

                              Email: sorohco@gmail.com

                              Website: http://sites.google.com/site/sorohco

                  Investment in local military industrial projects, manufacturing weapons parts and related items. 100 % of the company is owned by Rami Makhlouf.

                  23.09.2011

                  6.

                  Syriatel

                              Thawra Street, Ste Building 6ème étage, BP 2900

                              Tel: +963 11 61 26 270

                              Fax: +963 11 23 73 97 19

                              Email: info@syriatel.com.sy;

                              Website: http://syriatel.sy/

                  Controlled by Rami Makhlouf; provides financial support to the regime: through its licensing contract it pays 50 % of its profits to the Government.

                  23.09.2011

      ANNEX II

         Persons referred to in Article 3

                  Name

                  Identifying information (date of birth, place of birth …)

                  Reasons

                  Date of listing

                  1.

                  Emad GHRAIWATI

                  DoB: March 1959; PoB: Damascus, Syria

                  President of the Damascus Chamber of Industry (Zuhair Ghraiwati Sons). Provides economic support to the Syrian regime.

                  2.9.2011

                  2.

                  Tarif AKHRAS

                  DoB: 1949; PoB: Homs, Syria

                  Founder of the Akhras Group (commodities, trading, processing and logistics), Homs. Provides economic support to the Syrian regime.

                  2.9.2011

                  3.

                  Issam ANBOUBA

                  DoB: 1949; PoB: Lattakia, Syria

                  President of Issam Anbouba Est. for agro-industry. Provides economic support to the Syrian regime.

                  2.9.2011


Avis juridique important

|

32002D0628

2002/628/EC: Council Decision of 25 June 2002 concerning the conclusion, on behalf of the European Community, of the Cartagena Protocol on Biosafety

Official Journal L 201 , 31/07/2002 P. 0048 - 0049

Council Decisionof 25 June 2002concerning the conclusion, on behalf of the European Community, of the Cartagena Protocol on Biosafety(2002/628/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 promotion of measures at international level to deal with regional or worldwide environmental problems, including the conservation and sustainable use of biological diversity, is one of the objectives of the European Community's policy on the environment, in accordance with Article 174 of the Treaty.(2) By Decision 93/626/EEC(3) the European Community concluded the Convention on Biological Diversity under the auspices of the United Nations Environment Programme.(3) In 1995 the Council authorised the Commission to participate, on behalf of the Community, in the negotiations on a Protocol on Biosafety, under Article 19(3) of the Convention on Biological Diversity. The Commission participated in those negotiations, together with the Member States.(4) The Cartagena Protocol on Biosafety was adopted in Montreal on 29 January 2000.(5) The Protocol provides a framework, based on the precautionary principle, for the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health and specifically focussing on transboundary movements.(6) The European Community and fourteen Members States signed the Protocol on 24 May 2000, during the fifth meeting of the Parties to the Convention on Biological Diversity held in Nairobi. Luxembourg signed the Protocol on 11 July 2000.(7) According to Article 34 of the Convention on Biological Diversity, any protocol to that Convention is subject to ratification, acceptance or approval by States and by regional economic integration organisations.(8) The Cartagena Protocol on Biosafety contributes to the achievement of the objectives of the environmental policy of the Community. It is therefore appropriate that this Protocol be concluded on behalf of the Community as soon as possible,HAS DECIDED AS FOLLOWS:Article 1The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is hereby approved on behalf of the European Community.The text of the Protocol is set out in Annex A to this Decision.Article 21. The President of the Council is authorised to designate the person or persons empowered to deposit the instrument of approval on behalf of the European Community with the Secretary General of the United Nations, in accordance with Articles 34 and 41 of the Convention on Biological Diversity.2. The President of the Council is hereby authorised to designate the person or persons empowered to deposit, on behalf of the European Community, the declaration of competence set out in Annex B to this Decision, in accordance with Article 34(3) of the Convention on Biological Diversity.Done at Luxembourg, 25 June 2002.For the CouncilThe PresidentJ. Matas i Palou(1) OJ C 181 E, 30.7.2002, p. 258.(2) Opinion delivered on 11 June 2002 (not yet published in the Official Journal).(3) OJ L 309, 13.12.1993, p. 1.


Avis juridique important

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32004D0008

2004/8/EC: Commission Decision of 5 November 2003 amending Decision 2001/528/EC establishing the European Securities Committee (Text with EEA relevance)

Official Journal L 003 , 07/01/2004 P. 0033 - 0033

Commission Decisionof 5 November 2003amending Decision 2001/528/EC establishing the European Securities Committee(Text with EEA relevance)(2004/8/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) In June 2001, the Commission adopted Decisions 2001/527/EC(1) and 2001/528/EC(2), setting up the Committee of European Securities Regulators and the European Securities Committee respectively.(2) Decision 2001/528/EC established the European Securities Committee in its advisory capacity. Pursuant to Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse)(3), the European Securities Committee may act as regulatory committee within the meaning of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4).(3) In its Resolutions of 5 February 2002 and 21 November 2002, the European Parliament endorsed the four-level regulatory framework advocated in the Final Report of the Committee of Wise Men on the regulation of European securities markets and called for certain aspects of that approach to be extended to the banking and insurance sectors, subject to a clear Council commitment to guarantee a proper institutional balance.(4) On 3 December 2002, the Council invited the Commission to take steps in order to transfer to the structures already established in the securities field the present functions and powers held by the UCITS (undertakings for collective investment in transferable securities) Contact Committee, set up by Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS)(5), as last amended by Directive 2001/108/EC of the European Parliament and of the Council(6).(5) The Commission has proposed a directive of the Council and the European Parliament, amending, inter alia, Directive 85/611/EEC to delete the functions of the UCITS Contact Committee under Article 53 of that Directive and to transfer those laid down under Article 53a of the same Directive to the European Securities Committee.(6) Such an amendment will require a corresponding and simultaneous amendment of the competences of the European Securities Committee, as defined in Article 2 of Decision 2001/528/EC,HAS DECIDED AS FOLLOWS:Article 1Decision 2001/528/EC is amended as follows:Article 2 is replaced by the following:"Article 2The role of the Committee shall be to advise the Commission on policy issues as well as on draft proposals the Commission might adopt in the field of securities, including on undertakings for collective investment in transferable securities (UCITS)."Article 2This Decision shall enter into force on the same day as the entry into force of any directive amending the functions of the UCITS Contact Committee to transfer them to the European Securities Committee.Done at Brussels, 5 November 2003.For the CommissionFrederik BolkesteinMember of the Commission(1) OJ L 191, 13.7.2001, p. 43.(2) OJ L 191, 13.7.2001, p. 45.(3) OJ L 96, 12.4.2003, p. 16.(4) OJ L 184, 17.7.1999, p. 23.(5) OJ L 375, 31.12.1985, p. 3.(6) OJ L 41, 13.2.2002, p. 35.


Avis juridique important

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31998D0489

98/489/EC: Council Decision of 6 July 1998 concerning the conclusion of the International Cocoa Agreement, 1993, on behalf of the Community

Official Journal L 220 , 07/08/1998 P. 0001 - 0024

COUNCIL DECISION of 6 July 1998 concerning the conclusion of the International Cocoa Agreement, 1993, on behalf of the Community (98/489/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228(2) thereof,Having regard to the proposal from the Commission,Whereas the International Cocoa Agreement, 1993, has been signed by the Community and its Member States;Whereas, by Council Decision 94/109/EC of 7 February 1994 concerning the signing and provisional application of the International Cocoa Agreement, 1993, on behalf of the Community (1), the Community, in its capacity as an importing member, notified the Secretary-General of the United Nations Organisation of its intention to apply the Agreement provisionally pending completion of the internal procedures required for its conclusion;Whereas most of the Member States of the Community have notified provisional application of the Agreement pending the deposit, jointly with the Community, of the instruments of ratification, acceptance or approval;Whereas the ratification, acceptance or approval procedures in the Member States have reached a stage that is sufficiently advanced for the instruments of ratification, acceptance or approval to be deposited jointly,HAS DECIDED AS FOLLOWS:Article 1The International Cocoa Agreement, 1993, is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to deposit the instrument of approval on behalf of the Community.Done at Brussels, 6 July 1998.For the CouncilThe PresidentR. EDLINGER(1) OJ L 52, 23.2.1994, p. 25.


European Parliament decision on the request for waiver of the immunity of Vladimír Železný (2004/2173(IMM))


title: Commission Decision of 13 December 2012 amending Decision 2007/134/EC establishing the European Research Council

text:
               14.12.2012

               EN

               Official Journal of the European Union

               C 385/10

         COMMISSION DECISION
   of 13 December 2012
   amending Decision 2007/134/EC establishing the European Research Council
   2012/C 385/06
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (1), and in particular Aricles 2 and 3 thereof,
   Having regard to Council Decision 2006/972/EC of 19 December 2006 concerning the specific programme ‘Ideas’ implementing the Seventh Framework Programme (2007-2013) of the European Community for research, technological development and demonstration activities (2), and in particular Article 4(2) and (3) thereof,
   Whereas:

               (1)

               By Decision 2007/134/EC of 2 February 2007 establishing the European Research Council (3), the Commission established the European Research Council (hereinafter referred to as ‘the ERC’) as the means for implementing the specific programme ‘Ideas’. The ERC consists of an independent Scientific Council supported by a dedicated implementation structure and is established until 31 December 2013.

               (2)

               The Scientific Council consists of scientists, engineers and scholars of the highest repute, appointed by the Commission, and acting in their personal capacity, independent of any outside influence. It is composed of 22 members and acts according to the mandate provided for it in Article 3 of Decision 2007/134/EC.

               (3)

               By Decision 2009/357/EC of 27 April 2009 amending Decision 2007/134/EC establishing the European Research Council (4), the Commission replaced three members following their resignation. By Decision 2011/12/EU of 12 January 2011 amending Decision 2007/134/EC establishing the European Research Council (5), the Commission replaced seven members after their end of term of office.

               (4)

               The mandate of 10 of the members of the Scientific Council expires on 1 February and 26 April 2013 and there is a need for the staged renewal of the Scientific Council membership.

               (5)

               The staged renewal of the Scientific Council should take place according to the provisions of Article 4(6) and (7) of Decision 2007/134/EC, which state, inter alia, that members shall be appointed for a term of four years, renewable once on a basis of a rotating system, which shall ensure the continuity of the work of the Scientific Council and that a member may be appointed for a period of less than the maximum term to allow a staged rotation of membership.

               (6)

               According to Article 4(4) of Decision 2007/134/EC, future members shall be appointed by the Commission based on the factors and criteria set out in Annex I to that Decision and following an independent and transparent procedure for their identification, agreed with the Scientific Council, including a consultation of the scientific community and a report to the European Parliament and the Council. For this purpose, a high level standing Identification Committee of independent experts was set up as an expert group with honoraria paid under the operational budget of the specific programme ‘Ideas’. The Committee made recommendations for the staged renewal of the Scientific Council membership that have been accepted.

               (7)

               According to Article 4(4) of Decision 2007/134/EC, the appointment of future members shall be published in accordance with Regulation (EC) No 45/2001 (6).

               (8)

               Decision 2007/134/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Annex II of Decision 2007/134/EC is replaced by the text set out in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 December 2012.

            For the Commission

         Máire GEOGHEGAN-QUINN

            Member of the Commission

      (1)  OJ L 412, 30.12.2006, p. 1.

      (2)  OJ L 54, 22.2.2007, p. 81.

      (3)  OJ L 57, 24.2.2007, p. 14.

      (4)  OJ L 110, 1.5.2009, p. 37.

      (5)  OJ L 9, 13.1.2011, p. 5.

      (6)  OJ L 8, 12.1.2001, p. 1.


title: Council Decision of 23 January 2017 appointing a member of the Scientific and Technical Committee

text:
               27.1.2017

               EN

               Official Journal of the European Union

               C 27/10

         COUNCIL DECISION
   of 23 January 2017
   appointing a member of the Scientific and Technical Committee
   (2017/C 27/07)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134(2) thereof,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               By Decision 2013/412/Euratom (1), the Council appointed the members of the Scientific and Technical Committee (‘the Committee’) for the period 25 July 2013 to 24 July 2018.

               (2)

               Following the resignation of Mr Frank-Peter WEISS, a seat on the Committee has become vacant. A new member should therefore be appointed for the remainder of the term of office of Mr Frank-Peter WEISS,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Uwe STOLL is hereby appointed member of the Scientific and Technical Committee until 24 July 2018.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 January 2017.

            For the Council

            The President

         R. GALDES

      (1)  Council Decision 2013/412/Euratom of 22 July 2013 renewing the membership of the Scientific and Technical Committee and repealing the Decision of 13 November 2012 appointing the members of the Scientific and Technical Committee (OJ L 205, 1.8.2013, p. 11).


title: Council Decision 2006/475/CFSP of  12 June 2006  concerning the conclusion of the Agreement between the European Union and the Gabonese Republic on the status of the European Union-led forces in the Gabonese Republic

text:
               8.7.2006

               EN

               Official Journal of the European Union

               L 187/42

         COUNCIL DECISION 2006/475/CFSP
   of 12 June 2006
   concerning the conclusion of the Agreement between the European Union and the Gabonese Republic on the status of the European Union-led forces in the Gabonese Republic
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 25 April 2006, the United Nations Security Council adopted Resolution 1671 (2006), authorising the temporary deployment of a European Union force (EUFOR RD Congo) to support MONUC during the period encompassing the elections in the Democratic Republic of the Congo. The United Nations Security Council further requested all United Nations Member States, in particular those in the vicinity of the Democratic Republic of the Congo, to provide all necessary support to facilitate the swift deployment of EUFOR RD Congo and, in particular, to ensure the free, unhindered and expeditious movement to the Democratic Republic of the Congo of its personnel, as well as equipment, provisions, supplies and other goods, including vehicles and spare parts, which are for its exclusive and official use.

               (2)

               On 27 April 2006, the Council adopted Joint Action 2006/319/CFSP on the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (1) (Operation EUFOR RD Congo).

               (3)

               Following a request by the Secretary-General/High Representative (SG/HR) of 27 April 2006, the Government of the Gabonese Republic in a letter of 18 May 2006 stated its agreement to the stationing of European Union-led forces on the territory of the Gabonese Republic for the purposes of the operation.

               (4)

               Following authorisation by the Council on 23 May 2005, in accordance with Article 24 of the Treaty on European Union, the Presidency, assisted by the SG/HR, negotiated an Agreement between the European Union and the Gabonese Republic on the status of the European Union-led forces in the Gabonese Republic.

               (5)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Gabonese Republic on the status of the European Union-led forces in the Gabonese Republic is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 12 June 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  OJ L 116, 29.4.2006, p. 98.
    ---documentbreak---

               8.7.2006

               EN

               Official Journal of the European Union

               L 187/43

         TRANSLATION
   AGREEMENT
   between the European Union and the Gabonese Republic on the status of the European Union-led forces in the Gabonese Republic
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE GABONESE REPUBLIC, hereinafter referred to as ‘the Host State’,
   of the other part,
   Together hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               United Nations Security Council Resolution 1671 (2006) of 25 April 2006,

               —

               Council Joint Action 2006/319/CFSP of 27 April 2006 on the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (1) (EUFOR RD Congo),

               —

               that this Agreement will not affect the Parties' rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   This Agreement shall apply to the European Union-led Forces and to their personnel.
   2.   This Agreement shall apply only within the territory of the Host State.
   3.   For the purpose of this Agreement:

               (a)

               ‘European Union-led Forces (EUFOR)’ shall mean EU military headquarters and national contingents contributing to the operation, their equipment and their means of transport;

               (b)

               ‘operation’ shall mean the preparation, establishment, execution and support of the military mission further to the mandate arising out of United Nations Security Council Resolution 1671 (2006) of 25 April 2006;

               (c)

               ‘EU Force Commander’ shall mean the Commander in the theatre of operations or in the Host State;

               (d)

               ‘EU military headquarters’ shall mean the military headquarters and elements thereof in the cantonments under the authority of EU military commanders exercising the military command or control of the operation;

               (e)

               ‘national contingents’ shall mean units and elements belonging to the Member States of the European Union and to other States participating in the operation;

               (f)

               ‘EUFOR personnel’ shall mean the civilian and military personnel assigned to EUFOR as well as personnel deployed for the preparation of the operation and personnel on mission for a Sending State or an EU institution in the framework of the operation, present, except as otherwise provided in this Agreement, within the territory of the Host State, with the exception of personnel employed locally and personnel employed by international commercial contractors;

               (g)

               ‘personnel employed locally’ shall mean personnel who are nationals of or permanently resident in the Host State;

               (h)

               ‘facilities’ shall mean all premises, accommodation and land required for EUFOR and EUFOR personnel;

               (i)

               ‘Sending State’ shall mean a State providing a national contingent for EUFOR.

         Article 2
   General provisions
   1.   EUFOR and EUFOR personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the operation.
   2.   EUFOR shall regularly inform the government of the Host State of the number of EUFOR personnel stationed within the Host State's territory.
   Article 3
   Identification
   1.   EUFOR personnel must carry passports or military identity cards with them at all times.
   2.   EUFOR vehicles, aircraft, vessels and other means of transport shall carry distinctive EUFOR identification markings and/or registration plates, of which the relevant Host State authorities shall be notified.
   3.   EUFOR shall have the right to display the flag of the European Union and markings such as military insignia, titles and official symbols, on its facilities, vehicles and other means of transport. The uniforms of EUFOR personnel shall carry a distinctive EUFOR emblem. National flags or insignia of the constituent national contingents of the operation may be displayed on the EUFOR facilities, vehicles and other means of transport and uniforms, as decided by the EU Force Commander.
   Article 4
   Border crossing and movement within the Host State's territory
   1.   EUFOR personnel shall enter the Host State's territory only on presentation of the documents provided for in Article 3(1) or, in the case of first entry, of an individual or collective movement order issued by EUFOR. They shall be exempt from passport and visa regulations, immigration inspections and customs control thereafter on entering, leaving or within the Host State's territory.
   2.   EUFOR personnel shall be exempt from the Host State's regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State's territory.
   3.   EUFOR assets and means of transport entering, transiting or exiting the Host State's territory in support of the operation shall be exempt from any requirement to produce inventories or other customs documentation, and from any inspection.
   4.   EUFOR personnel may drive motor vehicles, navigate vessels and operate aircraft within the Host State's territory provided they have valid national, international or military driving licences, ship master's certificates or pilot licences, as appropriate.
   5.   For the purpose of the operation, the Host State shall grant EUFOR and EUFOR personnel freedom of movement and freedom to travel within its territory, including its territorial sea and its air space. Freedom of movement within the territorial sea of the Host State shall include stopping and anchoring under any circumstances.
   6.   For the purpose of the operation, EUFOR may carry out within the Host State territory, including its territorial sea and its air space, any exercise or practice with weapons as well as the launching, landing or taking on board of any aircraft or military device.
   7.   For the purpose of the operation, EUFOR submarines are not required to navigate on surface and to show their flag in the territorial sea of the Host State.
   8.   For the purpose of the operation, EUFOR may use public roads, bridges, ferries, airports and ports without the payment of duties, fees, tolls, taxes and similar charges. EUFOR shall not be exempt from reasonable charges for services requested and received.
   Article 5
   Privileges and immunities of EUFOR granted by the Host State
   1.   EUFOR's facilities shall be inviolable. The Host State's agents shall not enter them without the consent of the EU Force Commander.
   2.   EUFOR's facilities, their furnishings and other assets therein as well as its means of transport shall be immune from search, requisition, attachment or execution.
   3.   EUFOR, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.
   4.   EUFOR's archives and documents shall be inviolable at any time, wherever they may be.
   5.   The official correspondence of EUFOR shall be inviolable. Official correspondence means all correspondence relating to the operation and its functions.
   6.   In respect of purchased and imported goods, services provided and facilities used by it for the purposes of the operation, EUFOR shall be exempt from all national, regional and communal dues, taxes and charges of similar nature. EUFOR shall not be exempt from dues, taxes or charges that represent payment for services rendered.
   7.   The Host State shall permit the entry of articles for the operation and grant them exemption from all custom duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services rendered.
   Article 6
   Privileges and immunities of EUFOR personnel granted by the Host State
   1.   EUFOR personnel shall not be liable to any form of arrest or detention.
   2.   Papers, correspondence and property of EUFOR personnel, shall enjoy inviolability, except in case of measures of execution which are permitted pursuant to paragraph 6.
   3.   EUFOR personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances.
   The immunity from criminal jurisdiction of EUFOR personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be express.
   4.   EUFOR personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EUFOR personnel before any Host State court, the EU Force Commander and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the EU Force Commander and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was committed by EUFOR personnel in the exercise of their official functions.
   If the act was committed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 15 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the EU Force Commander and the competent authority of the Sending State or EU institution is binding upon the jurisdiction of the Host State which may not contest it.
   The initiation of proceedings by EUFOR personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
   5.   EUFOR personnel are not obliged to give evidence as witnesses.
   6.   No measures of execution may be taken in respect of EUFOR personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EUFOR personnel, which is certified by the EU Force Commander to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgement, decision or order. In civil proceedings EUFOR personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   7.   The immunity of EUFOR personnel from the jurisdiction of the Host State does not exempt them from the jurisdictions of the respective Sending States.
   8.   EUFOR personnel shall with respect to services rendered for EUFOR be exempt from social security provisions which may be in force in the Host State.
   9.   EUFOR personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUFOR or the Sending States, as well as on any income received from outside the Host State.
   10.   The Host State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on articles for the personal use of EUFOR personnel.
   The personal baggage of EUFOR personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of EUFOR personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Host State. Such inspection shall be conducted only in the presence of the concerned EUFOR personnel or of an authorised representative of EUFOR.
   Article 7
   Personnel employed locally
   Personnel employed locally shall enjoy privileges and immunities only to the extent admitted by the Host State. However, the Host State shall exercise its jurisdiction over that personnel in such a manner as not to interfere unduly with the performance of the functions of the operation.
   Article 8
   Criminal jurisdiction
   The competent authorities of a Sending State shall have the right to exercise on the territory of the Host State all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all EUFOR personnel subject to the relevant law of the Sending State.
   Article 9
   Uniform and arms
   1.   The wearing of uniform shall be subject to rules adopted by the EU Force Commander.
   2.   EUFOR military personnel may carry arms and ammunition on condition that they are authorised to do so by their orders.
   Article 10
   Host State support and contracting
   1.   The Host State agrees, if requested, to assist EUFOR in finding suitable facilities.
   2.   The Host State shall, as far as it is able to, provide, free of charge, facilities of which it is the owner, insofar as such facilities are requested for the conduct of administrative and operational activities of EUFOR.
   3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment, and execution of and support for the operation.
   4.   The law applicable to contracts concluded by EUFOR in the Host State shall be determined by the contract.
   5.   The contract may stipulate that the dispute settlement procedure referred to in Article 15(3) and (4) shall be applicable to disputes arising from the application of the contract.
   Article 11
   Change to facilities
   1.   EUFOR shall be authorised to construct, alter or otherwise modify facilities as requested for its operational requirements.
   2.   No compensation shall be requested from EUFOR by the Host State for those constructions, alterations or modification.
   Article 12
   Deceased EUFOR personnel
   1.   The EU Force Commander shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUFOR personnel, as well as that of their personal property.
   2.   No autopsy shall be performed on any deceased member of EUFOR without the agreement of the State concerned and the presence of a representative of EUFOR and/or the State concerned.
   3.   The Host State and EUFOR shall cooperate to the fullest extent possible with a view to early repatriation of deceased EUFOR personnel.
   Article 13
   Security of EUFOR and military police
   1.   EUFOR is hereby authorised to take the measures necessary to protect its installations, including those used for its training, against any external attack or intrusion.
   2.   The EU Force Commander may establish a military police unit in order to maintain order in EUFOR facilities.
   3.   The military police unit may also, in consultation and cooperation with the military police or the police of the Host State, act outside those facilities to ensure the maintenance of good order and discipline among EUFOR personnel.
   Article 14
   Communications
   1.   EUFOR may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State's competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum free of charge.
   2.   EUFOR shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUFOR facilities, including the laying of cables and land lines for the purpose of the operation.
   3.   Within its own facilities EUFOR may make the arrangements necessary for the conveyance of mail addressed to and from EUFOR and/or EUFOR personnel.
   Article 15
   Claims for death, injury, damage and loss
   1.   EUFOR and EUFOR personnel shall not be liable for any damage to or loss of civilian or government property which are caused by activities related to the protection of EUFOR.
   2.   With a view to reaching an amicable settlement, claims for damage to or loss of civilian or government property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EUFOR property, shall be forwarded to EUFOR via the competent authorities of the Host State, as far as claims brought by legal or natural persons from the Host State are concerned, or to the competent authorities of the Host State, as far claims brought by EUFOR are concerned.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUFOR and representatives of the Host State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall:

               (a)

               for claims up to and including EUR 40 000, be settled by diplomatic means between the Host State and EU representatives;

               (b)

               for claims above the amount referred to in point (a), be submitted to an arbitration tribunal, the decisions of which shall be binding.

         5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EUFOR and the third one being appointed jointly by the Host State and EUFOR. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUFOR on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Communities.
   6.   An administrative arrangement shall be concluded between EUFOR and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.
   Article 16
   Liaison and disputes
   1.   All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of EUFOR and the Host State's competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and EU representatives.
   Article 17
   Other provisions
   1.   Whenever this Agreement refers to the privileges, immunities and rights of EUFOR and of EUFOR personnel, the Government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State local authorities.
   2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to an EU Member State or to any other State contributing to EUFOR under other agreements.
   Article 18
   Implementing arrangements
   For purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the EU Force Commander and the Host State's administrative authorities.
   Article 19
   Entry into force and termination
   1.   This Agreement shall enter into force on the day on which it is signed and shall remain in force until the date of departure of the last EUFOR element and of the last EUFOR personnel, as notified by EUFOR.
   2.   Notwithstanding paragraph 1, the provisions contained in Articles 4(8), 5(1-3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(8-10), 10(2), 11 and 15 shall be deemed to have applied from the date on which the first EUFOR personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
   3.   This Agreement may be amended by written agreement between the Parties.
   4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at Libreville, on 16 June 2006 in four original copies in French,

            For the European Union

            For the Host State

      (1)  OJ L 116, 29.4.2006, p. 98.


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31992D0482

92/482/EEC: Council Decision of 28 September 1992 providing financial assistance for Albania

Official Journal L 287 , 02/10/1992 P. 0025 - 0026 Finnish special edition: Chapter 11 Volume 20 P. 0020  Swedish special edition: Chapter 11 Volume 20 P. 0020

COUNCIL DECISION  of 28 September 1992  providing financial assistance for Albania  (92/482/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1), submitted following consultation with the Monetary Committee,  Having regard to the opinion of the European Parliament (2),  Whereas Albania is undertaking fundamental political and economic reforms and has decided to adopt a market economy model;  Whereas trade, commercial and economic links between the Community and Albania are expected to develop within the framework of the 1992 Cooperation Agreement;  Whereas financial assistance from the Community will be instrumental in supporting the adjustment and reform efforts of Albania, will strengthen mutual confidence and will bring Albania closer to the Community;  Whereas Albania is a low-income country eligible for highly concessional loans from the World Bank and the International Monetary Fund (IMF) and whereas the Group of 24 (G-24) agreed to consider complementary financial assistance particularly through  long-term grants or loans on concessional terms, as soon as the IMF has reached an agreement on a stabilization and reform programme with Albania;  Whereas the Albanian authorities have requested financial assistance from the IMF, the G-24 countries and the Community;  Whereas, over and above the estimated financing which could be provided by the IMF, the World Bank and official bilateral creditors in the context of the 12-month stand-by arrangement expected to be agreed between Albania and the IMF, a financial gap of  some US$ 165 million remains to be covered in order to avoid an additional degree of import compression which would jeopardize the achievement of the policy objectives underlying the Government's reform effort;  Whereas the Commission, as coordinator of assistance from the G-24 has invited them to provide highly concessional financial assistance to Albania in order to support that country's adjustment and reform efforts;  Whereas taking into account the economic and financial situation of Albania, this financial assistance intended to support that country's balance of payments should take the form of grants;  Whereas the Community grant should be managed by the Commission;  Whereas the EEC Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Community shall grant to Albania financial assistance of a maximum amount of ECU 70 million in the form of a grant, with a view to ensuring a sustainable balance of payments situation and strengthening the reserve position of that  country.  2. This grant will be managed by the Commission in full consultation with the Monetary Committee and in a manner consistent with any Agreement reached between the IMF and Albania.  Article 2  1. The Commission is empowered to negotiate with the Albanian authorities, after consultation with the Monetary Committee, the economic policy conditions attached to the grant. These conditions shall be consistent with any agreement as  referred to in Article 1 (2) and with arrangements made by the G-24.  2. The Commission shall verify at regular intervals, in collaboration with the Monetary Committee and in close coordination with the G-24 and the IMF, that the economic policy in Albania is in accordance with the objectives of this grant and that the  conditions of the latter are being fulfilled.  Article 3  1. The grant shall be made available to Albania in two instalments. A first instalment of ECU 35 million shall be released as soon as a 'stand-by arrangement' has been concluded between Albania and the IMF. The second instalment shall be paid  not before the first quarter of 1993, subject to Article 2 (2) and subject to satisfactory progress being recorded in Albania's application of the 'stand-by arrangement'.  2. The funds shall be paid to the National Bank of Albania.  Article 4  At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation, on the implementation of this Decision. Done at Brussels, 28 September 1992. For the Council  The President  N. LAMONT   (1) OJ No C 188, 25. 7. 1992, p. 5 and OJ No C 225, 1. 9. 1992, p. 4. (2) Opinion delivered on 18 September 1992 (not yet published in the Official Journal).


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31996D0083

96/83/Euratom, ECSC, EC: Commission Decision of 8 January 1996 adjusting the weightings applicable from 1 February 1994 to the remuneration of officials of the European Communities serving in third countries

Official Journal L 020 , 26/01/1996 P. 0067 - 0068

COMMISSION DECISION of 8 January 1996 adjusting the weightings applicable from 1 February 1994 to the remuneration of officials of the European Communities serving in third countries (96/83/Euratom, ECSC, EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,Having regard to the Staff Regulations of the Officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EC, Euratom) No 3161/94 (2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EC, Euratom, ECSC) No 2356/95 (3) laid down the weightings to be applied from 1 January 1994 to the remuneration of officials serving in third countries, payable in the currency of their country of employment;Whereas some of these weightings should be adjusted with effect from 1 February 1994 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,HAS DECIDED AS FOLLOWS:Sole Article With effect from 1 February 1994 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Union for the month preceding the date referred to in the first paragraph.Done at Brussels, 8 January 1996.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ No L 56, 4. 3. 1968, p. 1.(2) OJ No L 335, 23. 12. 1994, p. 1.(3) OJ No L 241, 10. 10. 1995, p. 1.ANNEX >TABLE>


title: Decision No 1150/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the period 2007-2013 the Specific Programme Drug prevention and information as part of the General Programme Fundamental Rights and Justice

text:
               3.10.2007

               EN

               Official Journal of the European Union

               L 257/23

      DECISION No 1150/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 25 September 2007
   establishing for the period 2007-2013 the Specific Programme ‘Drug prevention and information’ as part of the General Programme ‘Fundamental Rights and Justice’
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               According to the Treaty, a high level of human health should be ensured in the definition and implementation of all Community policies and activities. Community action is required to include a contribution to the attainment of a high level of health protection.

               (2)

               Community action should complement national policies directed towards improving public health, obviating sources of danger to human health and reducing health-related harm associated with drug dependence, including information and prevention policies.

               (3)

               Given that, according to research, the morbidity and the mortality associated with drug dependence affects a sizeable number of European citizens, the health-related harm associated with drug dependence constitutes a major problem for public health.

               (4)

               The Communication from the Commission to the Council and the European Parliament on the results of the final evaluation of the EU Drugs Strategy and Action Plan on Drugs (2000 to 2004) pointed out the need regularly to involve civil society in the formulation of the EU’s policies on drugs.

               (5)

               Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003 to 2008) (4) includes the development of strategies and measures on drug dependence, as one of the important lifestyle-related health determinants.

               (6)

               In Recommendation 2003/488/EC of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence (5), the Council recommended that Member States set as a public health objective the prevention of drug dependence and the reduction of related risks, and that they develop and implement comprehensive strategies accordingly.

               (7)

               In December 2004, the European Council endorsed the EU Drugs Strategy 2005 to 2012, which covers all European Union drug-related activities and sets main targets. These targets include the attainment of a high level of health protection, well-being and social cohesion by preventing and reducing drug use, dependence and drug-related harm to health and society.

               (8)

               The Council adopted the EU Drugs Action Plan (2005 to 2008) (6) as a crucial instrument for transposing the EU Drugs Strategy 2005 to 2012 into concrete actions. The ultimate aim of the Action Plan is to reduce significantly the prevalence of drug use among the population and to reduce the social harm and health damage caused by the use of and trade in illicit drugs.

               (9)

               The specific programme, ‘Drug prevention and information’, established under this Decision (hereinafter referred to as ‘the Programme’) aims at implementing targets identified by the EU Drugs Strategy 2005 to 2012 and the EU Drugs Action Plans 2005 to 2008 and 2009 to 2012, by supporting projects aimed at preventing drug use, including by addressing reduction of drug-related harm and treatment methods taking into account the latest scientific knowledge.

               (10)

               It is important and necessary to recognise the serious, immediate and long-term implications of drugs for health, for psychological and social development including the equal opportunities of those concerned, for individuals, families and communities, and to recognise the high social and economic costs to society as a whole.

               (11)

               Special attention should be paid to the prevention of drug use among young people who are the most vulnerable in the population. The main challenge in prevention is to encourage young people to adopt healthy lifestyles.

               (12)

               The European Community can bring added value to the actions to be undertaken by Member States in the field of drug prevention and information, including treatment and reduction of drug-related harm, by complementing those actions and by promoting synergies.

               (13)

               In accordance with Article 7(3) of Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7), the European Parliament should be informed by the Commission of committee proceedings relating to the implementation of this programme. In particular, the European Parliament should receive the draft annual programme when it is submitted to the management committee. In addition, the European Parliament should receive the results of voting and summary records of the meetings of that Committee.

               (14)

               Complementarity with the technical expertise of the European Monitoring Centre for Drugs and Drug Addiction (hereinafter referred to as ‘the Centre’) should be assured by making use of methodology and best practices developed by the Centre and by its involvement in the preparation of the annual work programme.

               (15)

               Since the objectives of this Decision cannot, because of the need for an exchange of information at Community level and for the Community-wide dissemination of good practices, be sufficiently achieved by the Member States and can therefore, due to the need for a coordinated and multidisciplinary approach and by reason of the scale and effects of the Programme, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

               (16)

               Bearing in mind the importance of visibility of the Community funding, the Commission should provide guidance to ensure that any authority, non-governmental organisation, international organisation or other entity receiving a grant under the Programme acknowledges properly the support received.

               (17)

               This Decision lays down for the entire duration of the Programme, a financial envelope constituting the prime reference within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (8) for the budgetary authority during the annual budgetary procedure.

               (18)

               Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9), (hereinafter referred to as ‘the Financial Regulation’), and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (10), which safeguard the Community’s financial interests, should be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

               (19)

               Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (11), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (12) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (13).

               (20)

               The Financial Regulation requires a basic act to be provided to cover operating grants.

               (21)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC, with a distinction being made between those measures which are subject to the management procedure and those which are subject to the advisory procedure, the advisory procedure being in certain cases, with a view to increased efficiency, the more appropriate.

               (22)

               In order to ensure the effective and timely implementation of the Programme, this Decision should apply from 1 January 2007,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Establishment and scope of the Programme
   1.   This Decision establishes the Specific Programme ‘Drug prevention and information’, (hereinafter referred to as ‘the Programme’), as part of the General Programme ‘Fundamental Rights and Justice’, in order to contribute to ensuring a high level of human health protection and to reducing drug-related health damage.
   2.   The Programme shall cover the period from 1 January 2007 to 31 December 2013.
   Article 2
   General objectives
   The Programme shall have the following general objectives:

               (a)

               to prevent and reduce drug use, dependence and drug-related harm;

               (b)

               to contribute to the improvement of information on drug use; and

               (c)

               to support the implementation of the EU Drugs Strategy.

         Article 3
   Specific objectives
   The Programme shall have the following specific objectives:

               (a)

               to promote transnational actions to:

                           (i)

                           set up multidisciplinary networks;

                           (ii)

                           ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practices, including through training, study visits and staff exchange;

                           (iii)

                           raise awareness of the health and social problems caused by drug use and to encourage an open dialogue with a view to promoting a better understanding of the phenomenon of drugs; and

                           (iv)

                           support measures aimed at preventing drug use, including by addressing reduction of drug-related harm and treatment methods taking into account the latest state of scientific knowledge;

               (b)

               to involve civil society in the implementation and development of the EU Drugs Strategy and EU Action plans; and

               (c)

               to monitor, implement and evaluate the implementation of specific actions under the Drugs Action Plans 2005 to 2008 and 2009 to 2012. The European Parliament is involved in the evaluation process through its participation in the Commission’s evaluation steering group.

         Article 4
   Actions
   With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the Programme shall support the following types of action under the conditions set out in the annual work programme referred to in Article 9(2):

               (a)

               specific actions taken by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts' meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support to and animation of networks of national experts, analytical, monitoring and evaluation activities;

               (b)

               specific transnational projects of Community interest presented by at least two Member States, or at least one Member State and one other state which may either be an acceding or a candidate country under the conditions set out in the annual work programme; or

               (c)

               the activities of non-governmental organisations or other entities pursuing an aim of general European interest regarding the general objectives of the Programme under the conditions set out in the annual work programme.

         Article 5
   Participation
   The following countries may participate in the actions of the Programme:

               (a)

               the EFTA States which are party to the EEA Agreement, in accordance with the provisions of that Agreement; and

               (b)

               the candidate countries and the western Balkan countries included in the stabilisation and association process in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.

         Candidate countries not participating in the Programme may be associated with projects where this would contribute to their preparation for accession, as may other third countries or international organisations not participating in the Programme where this serves the aim of the projects.
   Article 6
   Target groups
   1.   The Programme is targeted at all groups that directly or indirectly deal with the phenomenon of drugs.
   2.   With regard to drugs, youth, women, vulnerable groups and people living in socially disadvantaged areas are groups at risk and shall be identified as target groups. Other target groups include teachers and educational staff, parents, social workers, local and national authorities, medical and paramedical staff, judicial staff, law enforcement and penitentiary authorities, non-governmental organisations, trade unions and religious communities.
   Article 7
   Access to the Programme
   Access to the Programme shall be open to public or private organisations and institutions (local authorities at the relevant level, university departments and research centres) working in the area of information on and prevention of drug use including the reduction and treatment of drug-related harm.
   Bodies and organisations which are profit-oriented shall have access to grants under the Programme only in conjunction with non-profit or state organisations.
   Article 8
   Types of intervention
   1.   Community financing may take the following legal forms:

               (a)

               grants; or

               (b)

               public procurement contracts.

         2.   Community grants shall be awarded further to calls for proposals, save in duly substantiated exceptional cases as provided for in the Financial Regulation, and shall be provided through operating grants and grants to actions.
   The annual work programme shall specify the minimum rate of the annual expenditure to be awarded to grants and the maximum rate of co-financing.
   3.   Furthermore, provision is made for expenditure for accompanying measures, through public procurement contracts, in which case Community financing shall cover the purchase of goods and services. This shall cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.
   Article 9
   Implementing measures
   1.   The Commission shall implement the Community financial support in accordance with the Financial Regulation.
   2.   To implement the Programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt an annual work programme taking into account the technical expertise of the Centre. The Programme shall set out the specific objectives, thematic priorities, a description of accompanying measures referred to in Article 8 and, if necessary, a list of other actions.
   The first annual work programme shall be adopted by 23 January 2008.
   3.   The annual work programme shall be adopted in accordance with the management procedure referred to in Article 10(3).
   4.   The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria:

               (a)

               conformity of the proposed action with the annual work programme, the objectives set out in Articles 2 and 3 and the types of action set out in Article 4;

               (b)

               quality of the proposed action in terms of its design, organisation, presentation and expected results;

               (c)

               amount requested for Community financing and its appropriateness in relation to expected results; and

               (d)

               impact of the expected results on the objectives set out in Articles 2 and 3 and on the actions referred to in Article 4.

         5.   Applications for operating grants as referred to in Article 4(c) shall be assessed in the light of:

               (a)

               their consistency with the Programme objectives;

               (b)

               the quality of the planned activities;

               (c)

               the likely multiplier effect on the public of these activities;

               (d)

               the geographic and social impact of the activities carried out;

               (e)

               citizen involvement in the organisation of the bodies concerned;

               (f)

               the cost/benefit ratio of the activity proposed.

         6.   Decisions related to proposed actions referred to in Article 4(a) shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(3). Decisions related to projects and activities referred to in Article 4(b) and (c) respectively shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 10(2).
   Decisions on applications for grants involving profit-oriented bodies or organisations shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(3).
   Article 10
   Committee
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   3.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
   Article 11
   Complementarity
   1.   Synergies and complementarity shall be sought with other Community instruments, in particular with the General Programme ‘Security and Safeguarding Liberties’, the 7th Research and Development Framework Programme and the Community Programme on Public Health. Complementarity with the methodology and best practices developed by the Centre shall be assured, in particular with regard to the statistical element of information on drugs.
   2.   The Programme may share resources with other Community instruments, in particular the General Programmes ‘Security and Safeguarding Liberties’, ‘Solidarity and Management of Migration Flows’ and the 7th Research and Development Framework Programme in order to implement actions meeting the objectives of all the programmes.
   3.   Operations financed under this Decision shall not receive financial support for the same purpose from other Community financial instruments. The Commission shall require that the beneficiaries of the Programme provide the Commission with information about financing received from the general budget of the European Union and from other sources, as well as information about ongoing applications for financing.
   Article 12
   Budgetary resources
   1.   The financial envelope for the implementation of this Decision from 1 January 2007 to 31 December 2013 shall be EUR 21 350 000.
   2.   The budgetary resources allocated to the actions provided for in the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   Article 13
   Monitoring
   1.   The Commission shall ensure that for any action financed by the Programme, the beneficiary submits technical and financial reports on the progress of work and that a final report is submitted within three months of the completion of the action. The Commission shall determine the form and content of the reports.
   2.   The Commission shall ensure that the contracts and agreements resulting from the implementation of the Programme provide in particular for supervision and financial control by the Commission (or any representative authorised by it), if necessary by means of on-the-spot checks, including sample checks, and audits by the Court of Auditors.
   3.   For a period of five years following the last payment in respect of any action, the Commission shall require that the beneficiary of financial support keeps available for the Commission all the supporting documents regarding expenditure on the action.
   4.   On the basis of the results of the reports and on-the-spot checks referred to in paragraphs 1 and 2, the Commission shall, if necessary, adjust the scale or the conditions of allocation of the financial support originally approved and also the timetable for payments.
   5.   The Commission shall take every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation.
   Article 14
   Protection of Community financial interests
   1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts wrongly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/1999.
   2.   For the Community actions financed under this Decision, Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the Programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by the Communities, by an unjustified item of expenditure.
   3.   The Commission shall reduce, suspend or recover the amount of financial support granted for an action, if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.
   4.   If the time limits have not been observed or if only part of the allocated financial support is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial support and require repayment of sums already paid.
   5.   The Commission shall ensure that any undue payment is repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.
   Article 15
   Evaluation
   1.   The Programme shall be monitored regularly in order to follow the implementation of activities carried out under it.
   2.   The Commission shall ensure the regular, independent, external evaluation of the Programme.
   3.   The Commission shall provide the European Parliament and the Council with:

               (a)

               an annual presentation on the implementation of the Programme;

               (b)

               an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the Programme not later than 31 March 2011;

               (c)

               a Communication on the continuation of the Programme not later than 30 August 2012; and

               (d)

               an ex-post evaluation report not later than 31 December 2014.

         Article 16
   Publication of projects
   Each year, the Commission shall publish the list of projects financed under the Programme with a short description of each project.
   Article 17
   Visibility
   The Commission shall lay down guidelines to ensure the visibility of the financing granted under this Decision.
   Article 18
   Entry into force
   This Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2007, with the exception of Article 9(2) and (3) and Article 10(3), which shall apply from the date when this Decision enters into force.

      Done at Strasbourg, 25 September 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         M. LOBO ANTUNES

      (1)  OJ C 69, 21.3.2006, p. 1.

      (2)  OJ C 192, 16.8.2006, p. 25.

      (3)  Opinion of the European Parliament of 14 December 2006 (not yet published in the Official Journal), Council Common Position of 23 July 2007 (not yet published in the Official Journal) and position of the European Parliament of 6 September 2007 (not yet published in the Official Journal).

      (4)  OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

      (5)  OJ L 165, 3.7.2003, p. 31.

      (6)  OJ C 168, 8.7.2005, p. 1.

      (7)  OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (8)  OJ C 139, 14.6.2006, p. 1.

      (9)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (10)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

      (11)  OJ L 312, 23.12.1995, p. 1.

      (12)  OJ L 292, 15.11.1996, p. 2.

      (13)  OJ L 136, 31.5.1999, p. 1.


Avis juridique important

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31999D0325

1999/325/EC: Council Decision of 10 May 1999 providing macro-financial assistance to Bosnia and Herzegovina

Official Journal L 123 , 13/05/1999 P. 0057 - 0059

COUNCIL DECISIONof 10 May 1999providing macro-financial assistance to Bosnia and Herzegovina(1999/325/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal of the Commission(1),Having regard to the opinion of the European Parliament(2),(1) Whereas the Commission consulted the Monetary Committee before submitting its proposal;(2) Whereas Bosnia and Herzegovina is undertaking fundamental institutional and political reforms to establish common institutions and policies; whereas Bosnia and Herzegovina is making substantial efforts to promote economic reform and establish an open market economy, which is essential order to create jobs, improve living conditions for the people and allow the return of refugees and displaced persons;(3) Whereas within the Regional Approach defined by the Council, it is desirable to support efforts made to ensure a stable political and economic environment in Bosnia and Herzegovina, with a view to evolving towards the development of a relationship of full cooperation with the Community;(4) Whereas financial assistance of an exceptional nature from the Community should be instrumental in supporting the implementation of common institutions and policies in Bosnia and Herzegovina consistent with the Dayton peace agreement, while strengthening mutual confidence and bringing Bosnia and Herzegovina closer to the Community;(5) Whereas Bosnia and Herzegovina has agreed with the International Monetary Fund (IMF) on a comprehensive set of economic and institutional policy reform measures to be supported by a 12-month upper credit tranche Stand-By Arrangement (SBA); whereas the SBA will be followed or replaced by an Enhanced Structural Adjustment Facility (ESAF);(6) Whereas Bosnia and Herzegovina has agreed with the World Bank on a set of structural adjustment measures to be backed by two highly concessional structural adjustment loans and credits in the areas of public finance reform, and enterprise and banking privatisation;(7) Whereas the authorities of Bosnia and Herzegovina have requested financial assistance from the international financial institutions, the Community, and other bilateral donors; whereas, over and above the estimated financing which could be provided by the IMF and the World Bank, an important residual financing gap remains to be covered in the coming months in order to strengthen the country's reserve position and support the policy objectives attached to the authorities' reform effort;(8) Whereas an the fourth Donors' Pledging Conference on Bosnia and Herzegovina on 7 and 8 May 1998, the international community welcomed the agreements reached with the Bretton Woods institutions and decided to support strongly the economic reform and reconstruction programmes of Bosnia and Herzegovina in the form of firm financial pledges;(9) Whereas the authorities of Bosnia and Herzegovina have committed themselves to discharge fully all outstanding financial obligations of all public entities of Bosnia and Herzegovina towards the European Community and the European Investment Bank, and to accept the responsibility by way of guarantee of those obligations that are not yet due;(10) Whereas the present exceptional Community macro-financial assistance to Bosnia and Herzegovina aims to help ease the country's external financial constraints, supporting the balance of payments and strengthening the reserve position;(11) Whereas Bosnia and Herzegovina being a low-income country eligible for highly concessional loans and facilities from the World Bank and the IMF, this macro-financial assistance requires substantial elements of concessionality;(12) Whereas the strengthening of Bosnia and Herzegovina's common institutions and the reform of its economic system are two of the priorities identified by the Peace Implementation Conference held in Madrid in December 1998;(13) Whereas the statement by the European Union on Bosnia and Herzegovina of 8 June 1998 recognises that the future of the country lies with Europe;(14) Whereas the inclusion of a grant component in this assistance is without prejudice to the powers of the budgetary authority;(15) Whereas this assistance should be managed by the Commission;(16) Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Article 11. The Community shall make available to Bosnia and Herzegovina an exceptional macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country's reserve position.2. The loan component of this assistance shall amount to a maximum principal of EUR 20 million with a grace period of 10 years and a maximum maturity of 15 years. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Bosnia and Herzegovina in the form of a loan.3. The grant component of this assistance shall amount to a maximum of EUR 40 million of the 1999 to 2000 period.4. The Community financial assistence shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and Bosnia and Herzegovina.5. The implementation of this assistance is conditional upon clearance in full by Bosnia and Herzegovina of outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by Bosnia and Herzegovina of responsibility by way of guarantee of those obligations that are not yet due.Article 21. The Commission is empowered to agree with the authorities of Bosnia and Herzegovina, after consultation with the Economic and Financial Committee, the economic and institutional policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreement referred to in Article 1(4).2. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in coordination with the IMF, that the economic and institutional policy in Bosnia and Herzegovina is in accordance with the objectives of this macro-financial assistance and that its conditions are being fulfilled.Article 31. The loan and grand components of this assistance shall be made available to Bosnia and Herzegovina in at least two successive tranches. Subject to the provisions of Article 2, the first tranche shall be released on the basis of a successful completion of the first review of the 12-month SBA between the IMF and Bosnia and Herzegovina, subject to the provisions of Article 1(5).2. Subject to the provisions of Article 2, the second tranche shall be released on the basis of a satisfactory track record in the implementation of the SBA with the IMF and not before three months after the release of the first tranche.3. The funds shall be paid to the Central Bank of Bosnia and Herzegovina.Article 41. The borrowing and lending operations referred to in Article 1(2) shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risks, or in any other commercial risk.2. The Commission shall take the necessary steps, if Bosnia and Herzegovina so requests, to ensur that an early repayment clause is included in the loan terms and conditions and that it may be exercised.3. At the request of Bosnia and Herzegovina, and where circumstances permit an improvement in the interest rate on the loan, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Bosnia and Herzegovina.5. The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraph 2 and 3 at least once a year.Article 5At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation of the implementation of this Decision.Done at Brussels, 10 May 1999.For the CouncilThe PresidentH. EICHEL(1) OJ C 396, 19.12.1998, p. 16.(2) Opinion delivered on 12 March 1999 (not yet published in the Official Journal).