title: 2007/822/EC: Council Decision of 8 November 2007 on the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on the facilitation of the issuance of visas

text:
               19.12.2007

               EN

               Official Journal of the European Union

               L 334/96

         COUNCIL DECISION
   of 8 November 2007
   on the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on the facilitation of the issuance of visas
   (2007/822/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(i) and (ii), 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,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Community an Agreement with Bosnia and Herzegovina on the facilitation of the issuance of visas.

               (2)

               The Agreement was signed, on behalf of the European Community, on 18 September 2007 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 18 September 2007.

               (3)

               The Agreement should be approved.

               (4)

               The Agreement establishes a Joint Committee for the management of the Agreement, which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case.

               (5)

               In accordance with the Protocol on the position of the United Kingdom and Ireland, and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (6)

               In accordance with the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and Bosnia and Herzegovina on the facilitation of the issuance of visas is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall give the notification provided for in Article 14(1) of the Agreement (2).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Community in the Joint Committee of experts established by Article 12 of the Agreement.
   Article 4
   The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 12(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 8 November 2007.

            For the Council

            The President

         R. PEREIRA

      (1)  Opinion delivered on 24 October 2007 (not yet published in the Official Journal).

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   AGREEMENT
   Between the European Community and Bosnia and Herzegovina on the facilitation of the issuance of visas
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’;
   and
   BOSNIA AND HERZEGOVINA,
   hereinafter referred to as ‘the Parties’,
   DESIRING, as a first concrete step towards the visa free travel regime, to facilitate people-to-people contacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties, by facilitating the issuing of visas to nationals of Bosnia and Herzegovina,
   BEARING IN MIND that, as from 21 July 2005, all EU citizens are exempted from the visa requirement when travelling to Bosnia and Herzegovina for a period of time not exceeding 90 days or transiting through the territory of Bosnia and Herzegovina,
   RECOGNISING that if Bosnia and Herzegovina were to reintroduce the visa requirement for EU citizens, the same facilitations granted under this agreement to the nationals of Bosnia and Herzegovina would automatically, on the basis of reciprocity, apply to EU citizens,
   RECOGNISING that visa facilitation should not lead to illegal migration and paying special attention to security and readmission,
   TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the United Kingdom and Ireland,
   TAKING INTO ACCOUNT the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the Kingdom of Denmark,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose and scope of application
   1.   The purpose of this Agreement is to facilitate the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the nationals of Bosnia and Herzegovina.
   2.   If Bosnia and Herzegovina were to reintroduce the visa requirement for EU citizens or certain categories of EU citizens, the same facilitations granted under this agreement to the nationals of Bosnia and Herzegovina would automatically, on the basis of reciprocity, apply to EU citizens concerned.
   Article 2
   General clause
   1.   The visa facilitations provided in this Agreement shall apply to nationals of Bosnia and Herzegovina only insofar as they are not exempted from the visa requirement by the laws and regulations of the Community or the Member States, the present agreement or other international agreements.
   2.   The national law of Bosnia and Herzegovina, or of the Member States or Community law shall apply to issues not covered by the provisions of this Agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures.
   Article 3
   Definitions
   For the purpose of this Agreement:

               (a)

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

               (b)

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

               (c)

               ‘national of Bosnia and Herzegovina’ shall mean a person who holds the nationality of Bosnia and Herzegovina;

               (d)

               ‘visa’ shall mean an authorisation issued by a Member State or a decision taken by such State which is required with a view to:

                           —

                           entry for an intended stay in that Member State or in several Member States of no more than 90 days in total,

                           —

                           entry for transit through the territory of that Member State or several Member States;

               (e)

               ‘legally residing person’ shall mean a national of Bosnia and Herzegovina authorised or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Community or national legislation.

         Article 4
   Documentary evidence regarding the purpose of the journey
   1.   For the following categories of nationals of Bosnia and Herzegovina the following documents are sufficient for justifying the purpose of the journey to the other Party:

               (a)

               for members of official delegations who, following an official invitation addressed to Bosnia and Herzegovina, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations:

                           —

                           a letter issued by an authority from Bosnia and Herzegovina confirming that the applicant is a member of its delegation travelling to the territory of the Member States to participate in the aforementioned events, accompanied by a copy of the official invitation;

               (b)

               for business people and representatives of business organisations:

                           —

                           a written request from a host legal person or company, organisation, or an office or branch of such legal person or company, State or local authorities of the Member States or organising committees of trade and industrial exhibitions, conferences and symposia held in the territories of the Member States, endorsed by the Foreign Trade Chamber of Bosnia and Herzegovina;

               (c)

               for representatives of civil society organisations when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes:

                           —

                           a written request issued by the host organisation, a confirmation that the person is representing the civil society organisation and the certificate on establishment of such organisation from the relevant Register issued by a State authority in accordance with the national legislation;

               (d)

               for drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Bosnia and Herzegovina:

                           —

                           a written request from the Foreign Trade Chamber of Bosnia and Herzegovina, stating the purpose, duration and frequency of the trips;

               (e)

               for members of train, refrigerator and locomotive crews in international trains, travelling to the territories of the Member States:

                           —

                           a written request from the competent railway company of Bosnia and Herzegovina stating the purpose, duration and frequency of the trips;

               (f)

               for journalists:

                           —

                           a certificate or other document issued by a professional organisation proving that the person concerned is a qualified journalist and a document issued by his/her employer stating that the purpose of the journey is to carry out journalistic work;

               (g)

               for persons participating in scientific, cultural and artistic activities, including university and other exchange programmes:

                           —

                           a written request from the host organisation to participate in those activities;

               (h)

               for pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school-related activities:

                           —

                           a written request or a certificate of enrolment from the host university, academy, institute, college or school or student cards or certificates of the courses to be attended;

               (i)

               for participants in international sports events and persons accompanying them in a professional capacity:

                           —

                           a written request from the host organisation: competent authorities, national sport federations or National Olympic Committees of the Member States;

               (j)

               for participants in official exchange programmes organised by twin cities:

                           —

                           a written request of the head of administration/mayor of these cities;

               (k)

               for close relatives — spouse, children (including adopted), parents (including custodians), grandparents and grandchildren — visiting nationals of Bosnia and Herzegovina legally residing in the territory of the Member States:

                           —

                           a written request from the host person;

               (l)

               for persons visiting for medical reasons and necessary accompanying persons:

                           —

                           an official document of the medical institution confirming necessity of medical care in this institution, the necessity of being accompanied, and proof of sufficient financial means to pay for the medical treatment;

               (m)

               for persons visiting for burial ceremonies:

                           —

                           an official document confirming the fact of death as well as confirmation of the family or other relationship between the applicant and the buried;

               (n)

               for representatives of the traditional religious communities in Bosnia and Herzegovina visiting diasporas of Bosnia in Herzegovina in the territory of the Member States:

                           —

                           a written request by the head of the religious community in Bosnia and Herzegovina, stating the purpose, duration and frequency of trips;

               (o)

               for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events held in the territory of the Member States:

                           —

                           a written request from the host organisation confirming that the person concerned is participating in the event;

               (p)

               for visiting military and civil burial grounds:

                           —

                           an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried;

               (q)

               for persons travelling for tourism:

                           —

                           a certificate or voucher from a travel agency or a tour operator accredited by Member States in the framework of the local consular cooperation confirming the booking of an organised trip.

         2.   The written request mentioned in paragraph 1 of this Article shall contain the following items:

               (a)

               for the invited person — name and surname, date of birth, sex, citizenship, number of the identity document, time and purpose of the journey, number of entries and where relevant the name of the spouse and children accompanying the invited person;

               (b)

               for the inviting person — name, surname and address; or

               (c)

               for the inviting legal person, company or organisation — full name and address, and:

                           —

                           if the request is issued by an organisation, the name and position of the person who signs the request,

                           —

                           if the inviting person is a legal person or company or an office or a branch of such legal person or company established in the territory of a Member State, the registration number as required by the national law of the Member State concerned.

         3.   For the categories of persons mentioned in paragraph 1 of this Article, all categories of visa are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Member States.
   Article 5
   Issuance of multiple-entry visas
   1.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of up to five years to the following categories of persons:

               (a)

               members of the Court of Bosnia and Herzegovina and the prosecutor office of Bosnia and Herzegovina, if they are not exempted from the visa requirement by the present Agreement, in the exercise of their duties, with a term of validity limited to their term of office if this is less than five years;

               (b)

               permanent members of official delegations who, following an official invitation addressed to Bosnia and Herzegovina, shall regularly participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

               (c)

               close relatives — spouse, children (including adopted), parents (including custodians) — visiting nationals of Bosnia and Herzegovina legally residing in the territory of the Member States with the term of validity limited to the duration of the validity of their authorisation for legal residence.

         2.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of up to one year to the following categories of persons, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the visited State and that there are reasons for requesting a multiple-entry visa:

               (a)

               members of official delegations who, following an official invitation addressed to Bosnia and Herzegovina, shall regularly participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

               (b)

               business people and representatives of business organisations who regularly travel to the Member States;

               (c)

               drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Bosnia and Herzegovina;

               (d)

               members of train, refrigerator and locomotive crews in international trains, travelling to the territories of the Member States;

               (e)

               journalists;

               (f)

               persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Member States;

               (g)

               students and post-graduate students who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes;

               (h)

               participants in international sports events and persons accompanying them in a professional capacity;

               (i)

               participants in official exchange programmes organised by twin cities;

               (j)

               persons needing to visit regularly for medical reasons and necessary accompanying persons;

               (k)

               representatives of the traditional religious communities in Bosnia and Herzegovina visiting diasporas of Bosnia in Herzegovina in the territory of the Member States, who regularly travel to the Member States;

               (l)

               representatives of civil society organisations travelling regularly to Member States for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes;

               (m)

               members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Member States.

         3.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of a minimum of two years and a maximum of five years to the categories of persons referred to in paragraph 2 of this Article, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited State and that the reasons for requesting a multiple-entry visa are still valid.
   4.   The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States.
   Article 6
   Fees for processing visa applications
   1.   The fee for processing visa applications of nationals of Bosnia and Herzegovina shall amount to EUR 35.
   The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 14(4).
   If Bosnia and Herzegovina were to reintroduce the visa requirement for EU citizens, the visa fee to be charged by Bosnia and Herzegovina shall not be higher than EUR 35 or the amount agreed if the fee is reviewed in accordance with the procedure provided for in Article 14(4).
   2.   Fees for processing the visa application are waived for the following categories of persons:

               (a)

               close relatives — spouses, children (including adopted), parents (including custodians), grandparents and grandchildren of nationals of Bosnia and Herzegovina legally residing in the territory of the Member States;

               (b)

               members of official delegations who, following an official invitation addressed to Bosnia and Herzegovina, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

               (c)

               members of the Court of Bosnia and Herzegovina and the prosecutor office of Bosnia and Herzegovina, if they are not exempted from the visa requirement by the present Agreement;

               (d)

               pupils, students, post-graduate students and accompanying teachers who undertake trips for the purpose of study or educational training;

               (e)

               children under six years of age;

               (f)

               disabled persons and the person accompanying them, if necessary;

               (g)

               persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment, and the person accompanying such person, or to attend a funeral of a close relative, or to visit a seriously ill close relative;

               (h)

               participants in international sports events and persons accompanying them in a professional capacity;

               (i)

               persons participating in scientific, cultural and artistic activities including university and other exchange programmes;

               (j)

               participants in official exchange programmes organised by twin cities;

               (k)

               journalists;

               (l)

               representatives of the traditional religious communities in Bosnia and Herzegovina visiting diasporas of Bosnia in Herzegovina in the territory of the Member States;

               (m)

               representatives of civil society organisations travelling to attend meetings, seminars, exchange programmes or training courses;

               (n)

               drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Bosnia and Herzegovina;

               (o)

               members of train, refrigerator and locomotive crews in international trains, travelling to the territories of the Member States;

               (p)

               pensioners;

               (q)

               members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events held in the territory of the Member States.

         Article 7
   Length of procedures for processing visa applications
   1.   Diplomatic missions and consular posts of the Member States shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa.
   2.   The period of time for taking a decision on a visa application may be extended to up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed.
   3.   The period of time for taking a decision on a visa application may be reduced to three working days or less in urgent cases.
   Article 8
   Departure in case of lost or stolen documents
   Citizens of the European Union and of Bosnia and Herzegovina who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of Bosnia and Herzegovina or the Member States, may leave that territory on the basis of valid identity documents entitling them to cross the border issued by diplomatic missions or consular posts of the Member States or of Bosnia and Herzegovina without any visa or other authorisation.
   Article 9
   Extension of visa in exceptional circumstances
   The nationals of Bosnia and Herzegovina who do not have the possibility to leave the territory of the Member States by the time stated in their visas for reasons of force majeure shall have the term of their visas extended free of charge in accordance with the legislation applied by the receiving State for the period required for their return to the State of their residence.
   Article 10
   Diplomatic passports
   1.   Nationals of Bosnia and Herzegovina, holders of valid diplomatic passports can enter, leave and transit through the territories of the Member States without visas.
   2.   Persons mentioned in paragraph 1 of this Article may stay in the territories of the Member States for a period not exceeding 90 days per period of 180 days.
   Article 11
   Territorial validity of visas
   Subject to the national rules and regulations concerning national security of the Member States and subject to EU rules on visas with limited territorial validity, nationals of Bosnia and Herzegovina shall be entitled to travel within the territory of the Member States on an equal basis with European Union citizens.
   Article 12
   Joint Committee for management of the Agreement
   1.   The Parties shall set up a Joint Committee of experts (hereinafter referred to as ‘the Committee’), composed of representatives of the European Community and of Bosnia and Herzegovina. The Community shall be represented by the Commission of the European Communities, assisted by experts from the Member States.
   2.   The Committee shall, in particular, have the following tasks:

               (a)

               monitoring the implementation of the present Agreement;

               (b)

               suggesting amendments or additions to the present Agreement;

               (c)

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

         3.   The Committee shall meet whenever necessary at the request of one of the Parties and at least once a year.
   4.   The Committee shall establish its rules of procedure.
   Article 13
   Relation of this Agreement with bilateral Agreements between Member States and Bosnia and Herzegovina
   1.   As from its entry into force, this Agreement shall take precedence over provisions of any bilateral or multilateral agreements or arrangements concluded between individual Member States and Bosnia and Herzegovina, insofar as the provisions of the latter agreements or arrangements cover issues dealt with by the present Agreement.
   2.   The provisions of bilateral Agreements or arrangements between individual Member States and Bosnia and Herzegovina signed before 1 January 2007 providing for the exemption of the holders of service passports from the visa requirement shall continue to apply for a period of five years from the entry into force of this Agreement without prejudice to the right of the Member States concerned or Bosnia and Herzegovina to denounce or suspend these bilateral agreements during this period of five years.
   Article 14
   Final clauses
   1.   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to above have been completed.
   2.   By way of derogation to paragraph 1 of this Article, the present agreement shall only enter into force on the date of the entry into force of the Agreement between the European Community and Bosnia and Herzegovina on readmission of persons if this date is after the date provided for in paragraph 1 of this Article.
   3.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 6 of this Article.
   4.   This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force after the Parties have notified each other of the completion of their internal procedures necessary for this purpose.
   5.   Each Party may suspend in whole or in part this Agreement for reasons of public order, protection of national security or protection of public health. The decision on suspension shall be notified to the other Party not later than 48 hours before its entry into force. The Party that has suspended the application of this Agreement shall immediately inform the other Party once the reasons for the suspension no longer apply.
   6.   Each Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.

      Done at Brussels on the eighteenth day of September in the year two thousand and seven in duplicate in each of the official languages of the Parties, each of these texts being equally authentic.

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

         За Босна и Херцеговина
         Por Bosnia y Herzegovina
         Za Bosnu a Hercegovinu
         For Bosnien-Hercegovina
         Für Bosnien und Herzegowina
         Bosnia ja Hertsegoviina nimel
         Για τη Вοσνία-Ερζεγοβίνη
         For Bosnia and Herzegovina
         Pour la Bosnie-et-Herzégovine
         Per la Bosnia-Erzegovina
         Bosnijos ir Hercegovinos vardu
         Bosnijas un Hercegovinas vārdā
         Bosznia és Hercegovina részéről
         Għall-Bożnja u Ħerzegovina
         Voor Bosnië en Herzegovina
         W imieniu Bośni i Hercegowiny
         Pela Bósnia e Herzegovina
         Pentru Bosnia și Herţegovina
         Za Bosnu a Hercegovinu
         Za Bosno in Hercegovino
         Bosnia ja Hertsegovinan puolesta
         För Bosnien och Hercegovina
         Za Bosnu i Hercegovinu
         За Босну и Херцеговину
         Za Bosnu i Hercegovinu

   ANNEX
   PROTOCOL TO THE AGREEMENT ON THE MEMBER STATES THAT DO NOT FULLY APPLY THE SCHENGEN ACQUIS

   Those Member States which are bound by the Schengen acquis but which do not yet issue Schengen visas, while awaiting the relevant decision of the Council to that end, shall issue national visas the validity of which is limited to their own territory.
   These Member States may unilaterally recognise Schengen visas and residence permits for the transit through their territory, in accordance with European Parliament and Council Decision No 895/2006/EC.
   As European Parliament and Council Decision No 895/2006/EC does not apply to Romania and Bulgaria, similar provisions will be proposed by the European Commission in order to enable these countries to unilaterally recognise Schengen visas and residence permits and other similar documents issued by other Member States not yet fully integrated into the Schengen area for the purpose of transit through their territory.
   JOINT DECLARATION CONCERNING DENMARK
   The Parties take note that the present Agreement does not apply to the procedures for issuing visas by the diplomatic missions and consular posts of the Kingdom of Denmark.
   In such circumstances, it is desirable that the authorities of Denmark and of Bosnia and Herzegovina conclude, without delay, a bilateral agreement on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Community and Bosnia and Herzegovina.
   JOINT DECLARATION CONCERNING THE UNITED KINGDOM AND IRELAND
   The Parties take note that the present Agreement does not apply to the territory of the United Kingdom and Ireland.
   In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and Bosnia and Herzegovina, conclude bilateral agreements on the facilitation of the issuance of visas.
   JOINT DECLARATION CONCERNING ICELAND AND NORWAY
   The Parties take note of the close relationship between the European Community and Norway and Iceland, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis.
   In such circumstances, it is desirable that the authorities of Norway, Iceland and Bosnia and Herzegovina conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Community and Bosnia and Herzegovina.
   JOINT DECLARATION CONCERNING SWISS CONFEDERATION AND LIECHTENSTEIN
   (if needed)
   If the Agreement between the EU, the EC and the Swiss Confederation concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis and the Protocols to this Agreement concerning Liechtenstein has entered into force by the time negotiations with Bosnia and Herzegovina have concluded, a similar declaration will also be made in respect of Switzerland and Liechtenstein.
   EUROPEAN COMMUNITY DECLARATION ON ACCESS OF VISA APPLICANTS AND HARMONISATION OF INFORMATION ON PROCEDURES FOR ISSUING SHORT-STAY VISAS AND DOCUMENTS TO BE SUBMITTED WHEN APPLYING FOR SHORT-STAY VISAS
   Recognising the importance of transparency for visa applicants, the European Community recalls that the legislative proposal on the recast of the Common Consular Instructions on visas for the diplomatic missions and consular posts has been adopted on 19 July 2006 by the European Commission and addresses the issue of conditions of access of visa applicants to diplomatic missions and consular posts of the Member States.
   Regarding the information to be provided to visa applicants the European Community considers that appropriate measures should be taken:

               —

               in general, to draw up basic information for applicants on the procedures and conditions for applying for visas and on their validity,

               —

               the European Community will draw up a list of minimum requirements in order to ensure that applicants from Bosnia and Herzegovina are given coherent and uniform basic information and are required to submit, in principle, the same supporting documents.

         The information mentioned above including the list of accredited travel agencies and tour operators in the framework of local consular cooperation is to be disseminated widely (on the notice boards of consulates, in leaflets, on websites, etc.).
   The diplomatic missions and consular posts of the Member States shall provide information about existing possibilities under the Schengen acquis for facilitation of the issuing of short-stay visas on a case-by-case basis.
   EUROPEAN COMMUNITY DECLARATION ON REVIEWING THE VISA REQUIREMENT FOR HOLDERS OF SERVICE PASSPORTS
   As the exemption of the holders of service passports from the visa requirement provided in bilateral Agreements or arrangements between individual Member States and Bosnia and Herzegovina which have been signed before 1 January 2007 shall only continue to apply for a period of five years from the entry into force of this Agreement without prejudice to the right of the Member States concerned or Bosnia and Herzegovina to denounce or suspend these bilateral agreements during this period of five years, the European Community will reassess the situation of the holders of service passports at the latest four years after the entry into force of this Agreement, in view of a possible amendment of the Agreement to that end in accordance with the procedure provided in Article 14(4).
   EUROPEAN COMMUNITY DECLARATION ON FACILITATIONS FOR FAMILY MEMBERS AND BONA FIDE APPLICANTS
   The European Community takes note of the suggestion of Bosnia and Herzegovina to give a wider definition to the notion of family members that should benefit from visa facilitation as well as of the importance that Bosnia and Herzegovina attaches to the simplification of movement of this category of persons.
   In order to ease the mobility of an extended number of persons which have family links (in particular sisters and brothers, and their children) with citizens of Bosnia and Herzegovina legally residing in the territories of Member States, the European Community invites the Member States’ consular offices to make full use of the existing possibilities in the acquis communautaire for facilitating the issuance of visas to this category of persons, including in particular, the simplification of documentary evidence requested for the applicants, exemptions from handling fees and where appropriate the issuing of multiple entry visas.
   In addition, the European Community also invites the Member States’ consular offices to make full use of these possibilities for the facilitation of the issuance of visas to bona fide applicants.


title: 2011/444/EU: Council Decision of 12 July 2011 determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts of employment and repealing Decision 2006/491/EC, Euratom

text:
               22.7.2011

               EN

               Official Journal of the European Union

               L 191/21

         COUNCIL DECISION
   of 12 July 2011
   determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts of employment and repealing Decision 2006/491/EC, Euratom
   (2011/444/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Staff Regulations of Officials of the European Union and the Conditions of employment of other servants of the European Union, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Article 2 of those Staff Regulations and Article 6 of those Conditions,
   Whereas:

               (1)

               Under the first subparagraph of Article 240(2) of the Treaty on the Functioning of the European Union, the General Secretariat of the Council comes under the responsibility of a Secretary-General.

               (2)

               A new decision should be adopted, determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts of employment, and Decision 2006/491/EC, Euratom (2) should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The powers conferred by the Staff Regulations of Officials on the appointing authority and by the Conditions of employment of other servants on the authority competent to conclude contracts of employment shall, as regards the General Secretariat of the Council, be exercised:

               (a)

               by the Council for the Secretary-General;

               (b)

               by the Council, on a proposal from the Secretary-General, for the application to Directors-General of Articles 1a, 30, 34, 41, 49, 50 and 51 of the Staff Regulations;

               (c)

               by the Secretary-General in other cases.
               The Secretary-General is authorised to delegate, in whole or in part, to the Director-General of Administration any or all of his powers as regards the application of the Conditions of employment of other servants and the application of the Staff Regulations to officials in the AST function group, except for powers in respect of the appointment and termination of service of officials and the engagement of other servants.

         Article 2
   Decision 2006/491/EC, Euratom is hereby repealed.
   Article 3
   This Decision enters into force on the date of its adoption.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  OJ L 56, 4.3.1968, p. 1.

      (2)  Council Decision of 27 June 2006 determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts of employment (OJ L 194, 14.7.2006, p. 29).


title: Request for defence of the immunity of Claudio Fava #European Parliament decision of 19 February 2008 on the request for defence of the immunity and privileges of Claudio Fava (2007/2155(IMM))

text:
               6.8.2009

               EN

               Official Journal of the European Union

               CE 184/110

         Tuesday 19 February 2008Request for defence of the immunity of Claudio Fava

      P6_TA(2008)0047

   European Parliament decision of 19 February 2008 on the request for defence of the immunity and privileges of Claudio Fava (2007/2155(IMM))
   2009/C 184 E/19

      The European Parliament,
   having regard to the request by Claudio Fava for defence of his immunity in connection with civil proceedings brought against him before the Marsala Civil Court, of 29 May 2007, announced in plenary sitting on 6 June 2007,
   having heard Claudio Fava in accordance with Rule 7(3) of its Rules of Procedure,
   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
   having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,
   having regard to Rules 6(3) and 7 of its Rules of Procedure,
   having regard to the report of the Committee on Legal Affairs (A6-0007/2008),

               1.

               Decides to defend the immunity and privileges of Claudio Fava;

               2.

               Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Italian Republic.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.


title: Commission Decision of 18 January 1974 derogating from High Authority recommendation No 1/64 concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community (fifty-eighth derogation)

text:
8. 11 . 74                                 Official Journal of the European Communities                               No L 300/29
                                                                       II
                                              (Acts whose publication is not obligatory)
                                                      COMMISSION
                                                     COMMISSION DECISION
                                                            of 18 January 1974
                derogating from High Authority recommendation No 1 /64 concerning an
                increase in the protective duty on iron and steel products at the external fron
                                                       tiers of the Community
                                                         ( fifty-eighth derogation)
                                                                (74/ 535/ ECSC)
THE COMMISSION OF THE EUROPEAN                                              Whereas, under the terms of the offer in question,
COMMUNITIES,                                                                annual ceilings are normally calculated on the bases
                                                                            of the value of cif imports in 1971 from countries
Having regard to the Treaty establishing the European                       benefiting from the system, other than those- already
Coal and Steel Community, and in particular Articles                        accorded preferential treatment by the Communities,
2 to 5 , 8 , 71 and 74 thereof ;
                                                                            plus 5 % of the value of cif imports from other coun
Having regard to High Authority recommendation                              tries, including those already enjoying such treat
No 1 /64 ( ! ) of 15 January 1964 to the Governments of                     ment ;
the Member States concerning an increase in the
protective duty on iron and steel products at the
external frontiers of the Community, and in particular                      Whereas the European Communities decides to apply
Article 3 thereof ;                                                         these tariff preferences from 1 July 1971 ;
Whereas the European Communities made an offer
within the framework of the UNCTAD concerning                               Whereas they were applied from 1 July 1971 to 31
the granting of tariff preferences for manufactures and                     December 1973 in the manner described above and
semi-manufactures from developing countries ;                               should continue to be applied during 1974 ;
whereas the preferential treatment envisaged by this
offer extends, as a general rule, to all industrial manu
factures and semi-manufactures in Chapters 25 to 99                         Whereas this offer of tariff preferences extends to a
of the Brussels Nomenclature originating in deve                           number of iron and steel products which are covered
loping countries ; whereas the preference takes the                         by the Treaty establishing the European Coal and
form of exemption from customs duties ; whereas pref                       Steel Community and were the subject of High
erential treatment is accorded to imports up to a                           Authority recommendation No 1 /64 of 15 January
ceiling calculated in terms of value for each product                        1 964 ;
on a uniform basis for all products ; whereas, with a
view to limiting the preference given to the more
competitive developing country or countries and                             Whereas the commercial policy objectives of this offer
reserving a substantial share for the less competitive,                     justify the authorization of a derogation from the obli
preferential imports from any one developing country                        gations arising under Article 1 of the abovementioned
may not, as a general rule, exceed 50 % of the ceiling                      recommendation to ;illow duty-free importation of
fixed for that product ;                                                    iron and steel products originating in the third coun
                                                                            tries concerned within the limits of the quotas and
(') OJ No 8 , 22 . 1 . 1964, p . 99 / 64 .                                  ceilings defined in Article 1 of this Decision ;
 ---pagebreak---  No L 300/30                             Official Journal of the European Communities                                         8 . 11 . 74
 Whereas, to this end, the import opportunities offered                 sion for single allocation of import opportunities
 by the Communities should be allocated among                           among the Member States ;
 Member States in such a way as to ensure equal and
                                                                        Whereas the Governments of the Member States have
 continuous access for all Community importers and
 the uninterrupted application of the preferential rates                been consulted on the derogation provided for by this
 envisaged to all the imports in question in all Member                 Decision ,
 States until such time as these import opportunities
 have been exhausted ;
                                                                        HAS ADOPTED THIS DECISION :
 Whereas time would be needed to calculate the alloca
 tions plus a reserve ; whereas this cannot be recon                                            Article 1
 ciled with the necessary continuity in the application
 of the tariff preferences in question ; whereas, under                 By way of derogation from the obligations arising
 these circumstances, recourse must again be had to                     under Article 1 of High Authority recommendation
 the standard scale which was used to allocate import                   No 1 /64 of 15 January 1964, the Member States are
 opportunities among the Member States in respect of                    hereby authorized to take, by common agreement the
 products covered by the Treaty establishing the Euro                  necessary steps to apply to imports of the iron and
 pean Economic Community ; whereas, for this new                        steel products listed below, originating in the coun
 period, it should once more be possible to make provi                 tries and territories set out in Annex A :
                                 1 . Tariff quotas with a nil rate of duty for the following products
      CCT                                                                                Quota attributed to
     heading                                      Description of goods                                         Member States
       No                                                                                ( in u.a .)
73.08               Iron or steel coils for re-rolling                                                 Germany                  3  066 250
                                                                                Benelux                   1 170 750
                                                                                France                   2  118 500
                                                                                Italy                     1 672 000
                                                                                Denmark                     557 500
                                                                                Ireland                     111 500
                                                                                United Kingdom           2 453  000
73.10              Bars and rods ( including wire rod), of iron or steel, hot-rolled,                  Germany                  1 809  775
                   forged, extruded, cold-formed or cold-finished (including precision                Benelux                     691 005
                   made) ; hollow mining drill steel :                                                 France                   1 250  390
                                                                                Italy                       987 150
                   A. Not further worked than hot-rolled or extruded                                   Denmark                     329 050
                                                                                Ireland                      65 810
                   D. Clad or surface-worked ( for example, polished, coated) :                        United Kingdom           1 447  820
                       I. Not further worked than clad :
                            a ) Hot-rolled or extruded
73,1               Angles, shapes and sections, of iron or steel, hot-rolled, forged,                  Germany                     899 250
                   extruded, cold-formed or cold-finished ; sheet piling of iron or                    Benelux                     343 350
                   steel , whether or not drilled , punched or made from assembled                     France                      621 300
                   elements :                                                                          Italy                       490 500
                                                                                Denmark                     163 500
                   A. Angles, shapes and sections :                                                    Ireland                      32 700
                                                                                United Kingdom              719 400
                          I. Not further worked than hot-rolled or extruded
                       IV. Clad or surface-worked ( for example, polished, coated ) :
                             a ) Not further worked than clad :
                                 1 . Hot-rolled or extruded
                   B. Sheet piling
 ---pagebreak--- 8. 11 . 74                          Official Journal of the European Communities                                     No L 300/ 31
      CCT                                                                                Quota attributed to
    heading                                    Description of goods                                         Member States
       No                                                                                (in u.a .)
73.13            Sheets and plates, of iron or steel, hot-rolled or cold-rolled :                    Germany               5  215 925
                                                                                Benelux               1  991 535
                 A. 'Electrical' sheets and plates                                                   France                3  603 730
                                                                                Italy                 2  845 050
                 B. Other sheets and plates :                                                        Denmark                  948 350
                                                                                Ireland                  189 670
                       I. Not further worked than hot-rolled
                                                                                United Kingdom        4 172 740
                      II. Not further worked than cold-rolled, of a thickness of :
                          b) More than 1 mm but less than 3 mm
                          c) 1 mm or less
                     III. Not further worked than burnished, polished or glazed
                     IV. Clad, coated or otherwise surface-treated :
                          b ) Tinned
                          c) Zinc-coated or lead-coated
                          d) Other (for example, copper-plated, artificially oxidized,
                             lacquered, nickel-plated, varnished, clad, parkerized,
                              printed) :
                       V. Otherwise shaped or worked :
                          a) Cut into shapes other than rectangular shapes, but not
                              further worked
                              2 . Other
            Imports originating i>n countries and territories already enjoying various preferential
            regimes granted by the nine ECSC Member States are not to be taken into account
            in the above tariff quotas .
                                         2. Nil rates of duty to the following products
                      CCT
                    heading                                           Description of goods
                       No
            73.07                           Blooms, billets, slabs and sheet bars (including tinplate bars), of
                                            iron or steel ; pieces roughly shaped by forging, of iron or steel :
                                            A. Blooms and billets :
                                                I. Rolled
                                            B. Slabs and sheet bars (including tinplate bars) :
                                                I. Rolled
            73.09                           Universal plates of iron or steel
            73.12                           Hoop and strip, of iron or steel, hot-rolled or cold-rolled :
                                            A. Not further worked than hot-rolled
                                            B. Not further worked than cold-rolled :
                                                I. In coils for the manufacture of tinplate
 ---pagebreak--- No L 300/32                Official Journal of the European Communities                                   8 . 11 . 74
                     CCT
                   heading                                    Description of goods
                     No
            73.12                 C. Clad, coated or otherwise surface-treated :
            (Cont'd)
                                     III. Tinned :
                                           a) Tinplate
                                      V. Other (for example, copper-plated, artificially oxidized, lac
                                           quered, nickel-plated, varnished, clad, parkerized, printed) :
                                           a) Not further worked than clad :
                                               1 . Hot-rolled
            73.15                Alloy steel and high carbon steel in the forms mentioned in head
                                 ing Nos 73.06 to 73.14 :
                                 A. High carbon steel :
                                        I. Ingots, blooms, billets, slabs and sheet bars :
                                           b) Other
                                                2. Blooms, billets, slabs and sheet bars
                                      III. Coils for re-rolling
                                      IV. Universal plates
                                       V. Bars and rods (including wire rod) and hollow mining
                                           drill steel ; angles, shapes and sections :
                                           b) Not further worked than hot-rolled or extruded
                                           d) Clad or surface-worked (for example, polished, coated) :
                                                1 . Not further worked than clad :
                                                    aa) Hot-rolled or extruded
                                      VI. Hoop and strip :
                                           a) Not further worked than hot-rolled
                                           c) Clad, coated or otherwise surface-treated :
                                               1 . Not further worked than clad :
                                                    aa ) Hot-rolled
                                     VII. Sheets and plates :
                                           a ) Not further worked than hot-rolled
                                           b) Not further worked than cold-rolled, of a thickness of :
                                               2. Less than 3 mm
                                           c) Polished, clad, coated or otherwise surface-treated
                                           d) Otherwise shaped or worked :
                                               1 . Cut into shapes other than rectangular shapes, but
                                                    not further worked
                                B. Alloy steel :
                                       I. Ingots, blooms, billets, slabs and sheet bars :
                                           b ) Other
                                               2 . Blooms, billets, slabs and sheet bars
 ---pagebreak--- 8 . 11 . 74                Official Journal of the European Communities                                   No L 300/33
                     CCT
                   heading                                   Description of goods
                     No
            73.15                     III. Coils for re-rolling
            (Cont'd)
                                     IV. Universal plates
                                       V. Bars and rods (including wire rod) and hollow mining
                                           drill steel ; angles, shapes and sections :
                                           b) Not further worked than hot-rolled or extruded
                                           d) Clad or surface-worked (for example, polished, coated) :
                                               1 . Not further worked than clad :
                                                   aa) Hot-rolled or extruded
                                      VI. Hoop and strip :
                                           a) Not further worked than hot-rolled
                                           c) Clad, coated or otherwise surface-treated :
                                               1 . Not further worked than clad :
                                                   aa) Hot-rolled
                                    VII. Sheets and plates :
                                           a) 'Electrical' sheets and plates
                                           b) Other sheets and plates :
                                               1 . Not futher worked than hot-rolled
                                               2. Not further worked than cold-rolled, of a thickness
                                                   of :
                                                   bb) Less than 3 mm
                                               3. Polished, clad, coated or otherwise surface-treated
                                               4. Otherwise shaped or worked :
                                                   aa) Cut into shapes other than rectangular shapes,
                                                        but not further worked
            73.16                Railway and tramway track construction material of iron or steel,
                                 the following : rails, check-rails, switch blades, crossings (or frogs),
                                 crossing pieces, point rods, rack rails, sleepers, fish-plates, chairs,
                                 chair wedges, sole plates (base plates), rail clips, bedplates, ties
                                 and other material specialized for joining or fixing rails :
                                 A. Rails
                                     II. Other
                                 B. Check-rails
                                 C. Sleepers
                                 D. Fish-plates and sole plates
                                     I. Rolled
 ---pagebreak---   No L 300/34                       Official Journal of the European Communities                              8 . 11 . 74
  Once imports into the Community as a whole of                Each Member State shall immediately inform the
  products originating in beneficiary countries and terri     Commission and the other Member States :
  tories have reached the ceiling defined below, the
  Member States may, by common agreement, re-intro           — if imports of a product reach the maximum of one
  duce the levying of duties throughout the Commu                 of the quotas or ceilings fixed in Article 1 ,
  nity. The ceiling shall be equal to a figure repre
  senting, for each category of product, the value in         — if imports of products       originating in one of the
                                                                   beneficiary countries    or territories reach the
  units of account of cif imports of the products in ques
                                                                   percentage, specified in Article 2, of the maximum
  tion into the Community in 1971 from the abovemen
  tioned countries and territories, other than those               of one of the quotas     or ceilings referred to in
                                                                   Article 1 .
  already accorded preferential tariff treatment by the
  Member States of the European Coal and Steel
  Community, plus 5 % of the value of cif imports in
  1971 from other countries, including those already                                   Article 4
  enjoying such preferential treatment. Imports already
  exempt from customs duty under such preferential
                                                               1.    This Decision shall be notified to the Govern
i arrangements shall not be set against this ceiling.
                                                               ments of the Member States and published in the Offi
                          Article 2
                                                               cial Journal of the European Communities. It shall
                                                               enter into force for each Government by virtue of its
  The Member States shall be required to ensure, in            notification .
  liaison with the Commission, that total imports into
  the Community under the tariff preferences provided          2.    It shall be valid until 31 December 1974.
  for in Article 1 are limited for each of these countries
  and territories to a fraction of the import opportuni
  ties offered by the Community as a whole.
  This fraction is hereby fixed at 50 % for all products
  with the exception of those of heading No 73.13 ; for        Done at Brussels, 18 January 1974.
  these the fraction is hereby fixed at 30 % .
                          Article 3                                                      For the Commission
  The Member States shall notify the Commission at                                            The President
  regular intervals of the imports actually set against the
  tariff quotas and ceilings provided for in Article 1 .                                Francois-Xavier ORTOLI
 ---pagebreak--- 8. 11 . 74                       Official Journal of the European Communities                         No L 300/35
                                                    ANNEX A
                List of developing countries and territories enjoying generalized tariff preferences
                                            INDEPENDENT COUNTRIES
           Afghanistan                                                   Malawi
           Algeria                                                       Malaysia
           Argentina                                                     Maldive Islands
           Bahamas                                                       Mali
           Bahrain                                                       Mauritania
           Bangladesh                                                    Mauritius
           Barbados                                                      Mexico
           Bhutan                                                        Morocco
           Bolivia                                                       Nauru
           Botswana                                                      Nepal
           Brazil                                                        Nicaragua
           Burma                                                         Niger
           Burundi                                                       Nigeria
           Cameroon                                                      Oman
           Central African Republic                                      Pakistan
           Chad                                                          Panama
           Chile                                                         Paraguay
           Colombia                                                      Peru
           Congo, People's Republic of                                   Philippines
           Costa Rica                                                    Qatar
           Cuba                                                          Rwanda
           Cyprus                                                        Saudi Arabia
           Dahomey                                                       Senegal
           Dominican Republic                                            Sierra Leone
           Ecuador                                                       Singapore
           Egypt, Arab Republic of                                       Somalia
           El Salvador                                                   Sri Lanka
           Equatorial Guinea                                             Sudan
           Ethiopia                                                      Swaziland
           Fiji                                                          Syria
           Gabon                                                         Tanzania
           Gambia                                                        Thailand
           Ghana                                                         Togo
           Guatemala                                                     Tonga
           Guinea                                                        Trinidad and Tobago
           Guyana                                                        Tunisia
           Haiti                                                         Uganda
           Honduras                                                      United Arab Emirates :
           India                                                            Abu Dhabi
           Indonesia                                                        Dubai
           Iran                                                             Ras al Khaimah
           Iraq                                                             Fujairah
           Ivory Coast                                                      Ajman
           Jamaica                                                          Sharjah
           Jordan                                                           Ummal Qaiwain
           Kenya                                                         Upper Volta
           Khmer Republic                                                Uruguay
           Korea (South)                                                 Venezuela
           Kuwait                                                        Vietnam , Republic of
           Laos                                                          Western Samoa
           Lebanon                                                       Yemen , People's Democratic Republic of
           Lesotho                                                       Yemen Arab Republic
           Liberia                                                       Yugoslavia
           Libya                                                         Zaire
           Malagasy Republic                                             Zambia
 ---pagebreak--- No L 300/36                               Official Journal of the European Communities                                                              8 . 11 . 74
                                                       COUNTRIES AND TERRITORIES
           dependent or administered, or for whose external relations Member States of the Commu
                                     nity or third countries are wholly or partly responsible
           Afars and Issas (Territory of the)
           Angola (including Cabinda)
           Australian Antarctic Territory
           Belize
           Bermuda
           British Antarctic Territory
           British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Des Roches)
           British Pacific Ocean (*)
           Brunei
           Cape Verde Islands
           Cayman Islands and Dependencies
           Christmas Island
           Cocos (Keeling) Islands
           Comoro Archipelago
           Corn Islands and Swan Islands
           Falkland Islands and Dependencies
           French Polynesia
           French Southern and Antarctic Territories
           Gibraltar
           Heard Island and MacDonald Islands
           Hong Kong
           Leeward Islands (2)
           Macao
           Mozambique
           Netherlands Antilles                                                         ^
           New Caledonia and Dependencies
           Norfolk Islands
           Pacific Islands administered by the United States of America or under United States trusteeship (3 )
           Papua-New Guinea
           Portuguese Guinea
           Portuguese Timor
           St Helena (including Ascension , Gough Island, and Tristan da Cunha)
           Saint Pierre and Miquelon
           Sao Tome and Principe
           Seychelles (including Amirantes)
           Sikkim
           Spanish territories in Africa
           Surinam
           Territories for which New Zealand is responsible (Cook Islands, Niuwe Island , Tokelau Islands and
           Ross Dependency)
           Turks and Caocos Islands
           Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
           Wallis and Futuna Islands
           Windward Islands (4)
            Note : The above lists may be amended subsequently to take account of changes in the international
                     status of countries or territories .
           (') Gilbert and Ellice Islands, British Solomon Islands , New Hebrides Condominium , and Pitcairn Islands .
           (') Antigua, Montserrat , St Kitts-Nevis-Anguilla , British Virgin Islands .
           (3) The Pacific Islands administered by the United States of America include : Guam , American Samoa ( including Swain 's Island ),
                Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific Islands ( the Caroline , Marianas and
                Marshall Islands).
           (■•) Dominica , Grenada , St Lucia , St Vincent .


title: Council Decision 2006/676/CFSP of 10 August 2006 concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Swiss Confederation on the participation of the Swiss Confederation in 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 (Operation EUFOR RD Congo)

text:
               7.10.2006

               EN

               Official Journal of the European Union

               L 276/110

      COUNCIL DECISION 2006/676/CFSP
   of 10 August 2006
   concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Swiss Confederation on the participation of the Swiss Confederation in 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 (Operation EUFOR RD Congo)
   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 27 April 2006, the Council adopted Joint Action 2006/319/CFSP (1) 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 (Operation EUFOR RD Congo).

               (2)

               Article 10(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of agreements to be concluded in accordance with the procedure laid down in Article 24 of the Treaty.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement in the form of an Exchange of Letters between the European Union and the Government of the Swiss Confederation on the participation of the Swiss Confederation in Operation EUFOR RD Congo.

               (4)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Union and the Government of the Swiss Confederation on the participation of the Swiss Confederation in 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 (Operation EUFOR RD Congo) is hereby approved on behalf of the European Union.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 10 August 2006.

            For the Council

            The President

         E. TUOMIOJA

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

         AGREEMENT

      in the form of an Exchange of Letters between the European Union and the Government of the Swiss Confederation on the participation of the Swiss Confederation in 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 (Operation EUFOR RD Congo)
      Brussels, 10 August 2006
      Dear Sir,
      I would like to thank you for your country's offer for a contribution to 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 (Operation EUFOR RD Congo). The offer shall constitute an important contribution to the Operation and I have the pleasure to inform you that the Council of the European Union has decided to accept Switzerland's offer for a contribution to Operation EUFOR RD Congo and to invite your country to be represented in the Committee of Contributors.
      As already indicated in my letter of 28 July 2006, Switzerland should conclude an agreement with the European Union on its participation in Operation EUFOR RD Congo. Pending the conclusion of the Draft Agreement between the European Union and the Swiss Confederation establishing a framework for the participation of the Swiss Confederation in the European Union crisis management operations, I would propose that the participation of Switzerland in the operation be governed by the provisions set out in Annex I to this letter.
      Should these provisions be agreeable to you, I would suggest that this letter, including Annex I to this letter, and your reply constitute the agreement between the European Union and Switzerland for Switzerland's participation in Operation EUFOR RD Congo, which shall enter into force on the date of signature of your reply.
      Accordingly, I also attach in Annex II, on behalf of the European Union Member States, a declaration on the waiver of claims by the European Union Member States. I kindly request that Switzerland make a parallel declaration according to the model set out in that Annex.
      Yours faithfully,

            For the European Union

         ANNEX I
         Provisions on the participation of the Swiss Confederation in 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 (Operation EUFOR RD Congo)

                     1.

                     The Swiss Confederation shall associate itself with 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) and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military operation, in accordance with these arrangements and any required implementing arrangements.

                     2.

                     The contribution of the Swiss Confederation to the EU military operation is without prejudice to the decision-making autonomy of the European Union.

                     3.

                     The Swiss Confederation shall ensure that its forces and personnel participating in the EU military operation undertake their mission in accordance with:

                                 —

                                 Joint Action 2006/319/CFSP and possible subsequent amendments,

                                 —

                                 the Operation Plan,

                                 —

                                 implementing measures.

                     4.

                     Forces and personnel seconded to the operation by the Swiss Confederation shall carry out their duties and conduct themselves solely with the interest of the EU military operation in mind.

                     5.

                     The Swiss Confederation shall inform the EU Operation Commander in due time of any change to its participation in the operation, including of the withdrawal of its contribution.

                     6.

                     The status of the forces and personnel contributed to the EU military operation by the Swiss Confederation shall be governed by the provisions on the status of forces applicable to EUFOR RD Congo.

                     7.

                     The status of the forces and personnel contributed to headquarters or command elements located outside the Democratic Republic of the Congo and Gabon shall be governed by arrangements between the headquarters and command elements concerned and the Swiss Confederation.

                     8.

                     Without prejudice to the provisions on the status of forces referred to in paragraph 6, the Swiss Confederation shall exercise jurisdiction over its forces and personnel participating in the EU military operation.

                     9.

                     The Swiss Confederation shall be responsible for answering any claims linked to participation in the EU military operation, from or concerning any of its forces and personnel. The Swiss Confederation shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.

                     10.

                     The Swiss Confederation undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military operation, and to do so when signing this agreement.

                     11.

                     The European Union undertakes to ensure that its Member States make a declaration as regards the waiver of claims, for the participation of the Swiss Confederation in the EU military operation, and to transmit this declaration when signing this agreement.

                     12.

                     The Swiss Confederation shall take appropriate measures to ensure that EU classified information is protected in accordance with the Council of the European Union's security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (2), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
                     Where the EU and the Swiss Confederation have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military operation.

                     13.

                     All personnel participating in the EU military operation shall remain under the full command of their national authorities.
                     National authorities shall transfer the operational and tactical command and/or control of their personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.

                     14.

                     The Swiss Confederation shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.

                     15.

                     The EU Operation Commander may, following consultations with the Swiss Confederation, at any time request the withdrawal of the Swiss Confederation's contribution.

                     16.

                     A Senior Military Representative (SMR) shall be appointed by the Swiss Confederation to represent its national contingent in the EU military operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day to day contingent discipline.

                     17.

                     The Swiss Confederation shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in paragraph 1 of these arrangements, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (3).
                     The Swiss Confederation shall not contribute to the common funding of the EU military operation.

                     18.

                     In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Swiss Confederation shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on the status of forces, as referred to in paragraph 6.

                     19.

                     Any necessary technical and administrative arrangements in pursuance of the implementation of these provisions shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authority of the Swiss Confederation.

                     20.

                     Should one of the Parties fail to comply with its obligations laid down in the previous provisions, the other Party shall have the right to terminate this agreement by serving a notice of one month.

                     21.

                     Disputes concerning the interpretation or application of these provisions shall be settled by diplomatic means between the Parties.

                     22.

                     These provisions shall apply for the duration of the Swiss Confederation's contribution to the operation.

         ANNEX II

            Declaration by the European Union Member States
            ‘The EU Member States applying 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 will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Swiss Confederation for injury, death of its personnel, or damage to, or loss of, any assets owned by themselves and used by the EU military operation if such injury, death, damage or loss:

                        —

                        was caused by personnel from the Swiss Confederation in the execution of their duties in connection with the EU military operation, except in case of gross negligence or wilful misconduct, or

                        —

                        arose from the use of any assets owned by the Swiss Confederation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU military operation personnel from the Swiss Confederation using those assets.’

            Declaration by the Government of the Swiss Confederation
            ‘The Government of the Swiss Confederation associating itself with 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 will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU military operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU military operation if such injury, death, damage or loss:

                        —

                        was caused by personnel in the execution of their duties in connection with the EU military operation, except in case of gross negligence or wilful misconduct, or

                        —

                        arose from the use of any assets owned by States participating in the EU military operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU military operation personnel using those assets.’

      Brussels, 10 August 2006
      Sir,
      I have the honour to acknowledge receipt of your letter of 10 August 2006 and the Annexes thereto regarding the provisions on the participation of the Swiss Confederation in 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 (Operation EUFOR RD Congo) which reads as follows:

         ‘I would like to thank you for your country's offer for a contribution to 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 (Operation EUFOR RD Congo). The offer shall constitute an important contribution to the Operation and I have the pleasure to inform you that the Council of the European Union has decided to accept Switzerland's offer for a contribution to Operation EUFOR RD Congo and to invite your country to be represented in the Committee of Contributors.
         As already indicated in my letter of 28 July 2006, Switzerland should conclude an agreement with the European Union on its participation in Operation EUFOR RD Congo. Pending the conclusion of the Draft Agreement between the European Union and the Swiss Confederation establishing a framework for the participation of the Swiss Confederation in the European Union crisis management operations, I would propose that the participation of Switzerland in the operation be governed by the provisions set out in Annex I to this letter.
         Should these provisions be agreeable to you, I would suggest that this letter, including Annex I to this letter, and your reply constitute the agreement between the European Union and Switzerland for Switzerland's participation in Operation EUFOR RD Congo, which shall enter into force on the date of signature of your reply.
         Accordingly, I also attach in Annex II, on behalf of the European Union Member States, a declaration on the waiver of claims by the European Union Member States. I kindly request that Switzerland make a parallel declaration according to the model set out in that Annex.’

      I have the honour to confirm, on behalf of the Government of the Swiss Confederation, that the contents of your letter and of its Annexes are acceptable to the Government of the Swiss Confederation and that your letter and its Annexes, together with this reply, shall constitute the agreement between the European Union and Switzerland for Switzerland's participation in Operation EUFOR RD Congo, which shall enter into force on the date of signature of this reply.
      I attach a declaration on the waiver of claims by the Government of the Swiss Confederation.
      Yours faithfully,

            For the Government of the Swiss Confederation

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

         (2)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2005/952/EC (OJ L 346, 29.12.2005, p. 18).

         (3)  OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision 2005/68/CFSP (OJ L 27, 29.1.2005, p. 59).


title: Political and Security Committee Decision (CFSP) 2015/2200 of 13 November 2015 extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia) (EUMM Georgia/1/2015)

text:
               28.11.2015

               EN

               Official Journal of the European Union

               L 313/40

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/2200
   of 13 November 2015
   extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia) (EUMM Georgia/1/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2010/452/CFSP of 12 August 2010 on the European Union Monitoring Mission in Georgia, EUMM Georgia (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Decision 2010/452/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions concerning the political control and strategic direction of the European Union Monitoring Mission in Georgia (EUMM Georgia), including the decision to appoint a Head of Mission.

               (2)

               On 16 December 2014, the Council adopted Decision 2014/915/CFSP (2), extending the mandate of EUMM Georgia from 15 December 2014 to 14 December 2016.

               (3)

               On 19 December 2014, the PSC adopted Decision EUMM Georgia/1/2014 (3), appointing Mr Kęstutis JANKAUSKAS as Head of Mission of EUMM Georgia from 15 December 2014 to 14 December 2015.

               (4)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Mr Kęstutis JANKAUSKAS as Head of Mission of EUMM Georgia from 15 December 2015 to 14 December 2016,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Kęstutis JANKAUSKAS as Head of Mission of EUMM Georgia is hereby extended until 14 December 2016.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 November 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 213, 13.8.2010, p. 43.

      (2)  Council Decision 2014/915/CFSP of 16 December 2014 amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia (OJ L 360, 17.12.2014, p. 56).

      (3)  Political and Security Committee Decision EUMM Georgia/1/2014 of 19 December 2014 on the appointment of the Head of the European Union Monitoring Mission in Georgia (EUMM Georgia) (OJ L 369, 24.12.2014, p. 78).