title: 2005/798/EC: Council Decision of 14 November 2005 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on matters related to trade in wine

text:
               18.11.2005

               EN

               Official Journal of the European Union

               L 301/14

         COUNCIL DECISION
   of 14 November 2005
   concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on matters related to trade in wine
   (2005/798/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 23 October 2000 the Council authorised the Commission to negotiate an Agreement on trade in wine between the European Community and the United States of America.

               (2)

               The negotiations have been concluded and the Agreement between the European Community and the United States of America on trade in wine as well as an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on matters related to trade in wine was initialed by both Parties on 14 September 2005.

               (3)

               Certain derogations from the Community rules relating to wine-making practices and certain certification practices are provided for in particular in Council Regulation (EC) No 1037/2001 of 22 May 2001 authorising the offer and delivery for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999 (1) and in Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (2) in favour of wines originating in the United States.

               (4)

               The derogations will expire on 31 December 2005. Articles 4 and 9 of the Agreement on trade in wine will continue to treat wines originating in the United States in the same way but, in accordance with Article 17(2) of that Agreement, these provisions will only apply from the first day of the second month following receipt of the written notice referred to in Article 6(3) of that Agreement.

               (5)

               It was therefore necessary to negotiate a separate Agreement in the form of an Exchange of Letters to cover the period from 31 December 2005 until the date of application of Articles 4 and 9 of the Agreement on trade in wine.

               (6)

               The Agreement in the form of an Exchange of Letters should therefore be approved.

               (7)

               In order to facilitate the implementation of the Agreement in the form of an Exchange of Letters, the Commission should be authorised to adopt the necessary measures for its implementation, in accordance with the procedure laid down in Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (3), including any necessary prolongation of the derogation provided for in Regulation (EC) No 1037/2001,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the United States of America on matters related to trade in wine (hereinafter referred to as the Agreement) 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 is hereby authorised to designate the person empowered to sign the Agreement in order to bind the Community.
   Article 3
   The Commission is hereby authorised to adopt the necessary measures for implementation of the Agreement, in accordance with the procedure laid down in Article 75(2) of Regulation (EC) No 1493/1999, including any necessary prolongation of the derogation provided for in Regulation (EC) No 1037/2001.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 14 November 2005.

            For the Council

            The President

         T. JOWELL

      (1)  OJ L 145, 31.5.2001, p. 12. Regulation as amended by Regulation (EC) No 2324/2003 (OJ L 345, 31.12.2003, p. 24).

      (2)  OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 908/2004 (OJ L 163, 30.4.2004, p. 56).

      (3)  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1428/2004 (OJ L 263, 10.8.2004, p. 7).
    ---documentbreak---

               18.11.2005

               EN

               Official Journal of the European Union

               L 301/16

         AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   between the European Community and the United States of America on matters related to Trade in Wine
   Brussels,
   Sir,
   I have the honour to confirm the following understanding reached between the European Community (hereinafter the ‘Community’) and the United States of America (hereinafter the ‘United States’) in connection with the Agreement between the European Community and the United States of America on Trade in Wine (the ‘Wine Agreement’) initialed on 14 September 2005.
   1.   Taking into account the need not to disrupt trade in wine between the Parties pending the entry into force of the Wine Agreement, and in particular the date of application of its Articles 4 and 9 as provided for in its Article 17(2), the Community shall continue to apply:

               (a)

               its authorisations regarding wine-making practices in effect as of the date of this letter for wines originating in the United States set forth in Council Regulation (EC) No 1037/2001, and prolonged by Council Regulation (EC) No 2324/2003; and

               (b)

               the certification requirements in effect as of the date of this letter specified in Commission Regulation (EC) No 883/2001.

         2.   Provided that the conditions in paragraphs 1(a) and 1(b) are satisfied, the United States shall not restrict, on the basis of either wine-making practices or product specifications, the importation, marketing or sale of wine originating in the territory of the Community that is produced using wine-making practices and procedures that are authorised under laws, regulations and requirements of the Community as of the date of this letter, and the United States accepts those practices and procedures within the meaning of Section 2002(a)(1)(B) of US Public Law 108-429. This undertaking by the United States is with respect to wine that falls within the scope of the Wine Agreement and, in particular, Article 3 thereof. Measures taken by either Party for the protection of human health and safety are outside the scope of this undertaking. The agreement hereinafter described does not contain any requirement for a certification by the Community that the practices and procedures used to produce wine in the Community constitute proper cellar treatment within the meaning of Section 2002 of US Public Law 108-429.
   3.   Recognising that the Wine Agreement does not apply to wines with an alcohol content of less than 7 percent (7 %) by volume, but also recognising that such wine originating in the territory of the Community is produced using the wine-making practices and procedures that are authorised under laws, regulations and requirements of the Community listed in Annex I of the Wine Agreement, the United States accepts those practices and procedures with respect to such wine within the meaning of Section 2002(a)(1)(B) of US Public Law 108-429 for so long as either the conditions of paragraphs 1(a) and 1(b) above are satisfied or Articles 4 and 9 of the Wine Agreement are in force. Furthermore, the agreement hereinafter described does not contain any requirement for certification by the Community that the practices and procedures used to produce wine with an alcohol content of less than 7 percent (7 %) by volume in the Community constitute proper cellar treatment within the meaning of section 2002(a)(1)(B) of US Public Law 108-429. Measures taken by either Party for the protection of human health and safety are outside the scope of this undertaking.
   4.   Paragraphs 1 and 2 shall apply until the date of application of Articles 4 and 9 of the Wine Agreement, as provided for in Article 17(2) thereof, but no longer than for a period of three years from the date of entry into force of this agreement hereinafter described. Notwithstanding the foregoing, if Articles 4 and 9 are not in application within this three-year period, the period shall be extended for an additional two years.
   5.   Should either Party notify the other of its intention not to sign the Wine Agreement, or should it withdraw from the Wine Agreement, the agreement hereinafter described shall terminate twelve months after the date of receipt of notification by a Party that the other Party does not intend to sign the Wine Agreement, or on the date that withdrawal from the Wine Agreement under Article 14 thereof is effective, as applicable.
   6.   Either Party may withdraw from the present agreement hereinafter described at any time by providing written notification to the other Party. Withdrawal shall take effect twelve months after the date of receipt of the notification by the other Party, unless the notification specifies a later date or the notification is rescinded prior to the specified date.
   If the foregoing is acceptable to the United States, I have the honour to propose that this letter and your letter in reply confirming that you share this understanding shall constitute an agreement between the Community and the United States, which shall enter into force on the date of your letter in reply.
   Please accept, Sir, the assurance of my highest consideration.

         For the European Community

   Sir,
   I have the honor to acknowledge receipt of your letter of this date which reads as follows:

      ‘I have the honour to confirm the following understanding reached between the European Community (hereinafter the “Community”) and the United States of America (hereinafter the “United States”) in connection with the Agreement between the European Community and the United States of America on Trade in Wine (the “Wine Agreement”) initialled on 14 September 2005.
      1.   Taking into account the need not to disrupt trade in wine between the Parties pending the entry into force of the Wine Agreement, and in particular the date of application of its Articles 4 and 9 as provided for in its Article 17(2), the Community shall continue to apply:

                  (a)

                  its authorisations regarding wine-making practices in effect as of the date of this letter for wines originating in the United States set forth in Council Regulation (EC) No 1037/2001, and prolonged by Council Regulation (EC) No 2324/2003; and

                  (b)

                  the certification requirements in effect as of the date of this letter specified in Commission Regulation (EC) No 883/2001.

            2.   Provided that the conditions in paragraphs 1(a) and 1(b) are satisfied, the United States shall not restrict, on the basis of either wine-making practices or product specifications, the importation, marketing or sale of wine originating in the territory of the Community that is produced using wine-making practices and procedures that are authorised under laws, regulations and requirements of the Community as of the date of this letter, and the United States accepts those practices and procedures within the meaning of Section 2002(a)(1)(B) of US Public Law 108-429. This undertaking by the United States is with respect to wine that falls within the scope of the Wine Agreement and, in particular, Article 3 thereof. Measures taken by either Party for the protection of human health and safety are outside the scope of this undertaking. The agreement hereinafter described does not contain any requirement for a certification by the Community that the practices and procedures used to produce wine in the Community constitute proper cellar treatment within the meaning of Section 2002 of US Public Law 108-429.
      3.   Recognising that the Wine Agreement does not apply to wines with an alcohol content of less than 7 percent (7 %) by volume, but also recognising that such wine originating in the territory of the Community is produced using the wine-making practices and procedures that are authorised under laws, regulations and requirements of the EC listed in Annex I of the Wine Agreement, the United States accepts those practices and procedures with respect to such wine within the meaning of Section 2002(a)(1)(B) of US Public Law 108-429 for so long as either the conditions of paragraphs 1(a) and 1(b) above are satisfied or Articles 4 and 9 of the Wine Agreement are in force. Furthermore, the agreement hereinafter described does not contain any requirement for certification by the Community that the practices and procedures used to produce wine with an alcohol content of less than 7 percent (7 %) by volume in the Community constitute proper cellar treatment within the meaning of section 2002(a)(1)(B) of US Public Law 108-429. Measures taken by either Party for the protection of human health and safety are outside the scope of this undertaking.
      4.   Paragraphs 1 and 2 shall apply until the date of application of Articles 4 and 9 of the Wine Agreement, as provided for in Article 17(2) thereof, but no longer than for a period of three years from the date of entry into force of this agreement hereinafter described. Notwithstanding the foregoing, if Articles 4 and 9 are not in application within this three-year period, the period shall be extended for an additional two years.
      5.   Should either Party notify the other of its intention not to sign the Wine Agreement, or should it withdraw from the Wine Agreement, the agreement hereinafter described shall terminate twelve months after the date of receipt of notification by a Party that the other Party does not intend to sign the Wine Agreement, or on the date that withdrawal from the Wine Agreement under Article 14 thereof is effective, as applicable.
      6.   Either Party may withdraw from the present agreement hereinafter described at any time by providing written notification to the other Party. Withdrawal shall take effect twelve months after the date of receipt of the notification by the other Party, unless the notification specifies a later date or the notification is rescinded prior to the specified date.
      If the foregoing is acceptable to the United States, I have the honour to propose that this letter and your letter in reply confirming that you share this understanding shall constitute an agreement between the Community and the United States, which shall enter into force on the date of your letter in reply.’

   I have the honor to confirm that the United States of America shares the understanding set forth in your letter and to confirm that your letter and this letter in reply shall constitute an agreement between the United States of America and the European Community, which shall enter into force on the date of this reply.
   Please accept, Sir, the assurance of my highest consideration.

         For the United States of America


title: 2011/94/EU: Council Decision of 25 May 2010 on the signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States

text:
               12.2.2011

               EN

               Official Journal of the European Union

               L 38/33

         COUNCIL DECISION
   of 25 May 2010
   on the signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States
   (2011/94/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

               (2)

               On behalf of the Union, the Commission has negotiated an Agreement on certain aspects of air services (hereinafter ‘the Agreement’) with the United Mexican States in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

               (3)

               The Agreement negotiated by the Commission should be signed, subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States is hereby approved on behalf of the Union, subject to the conclusion of the Agreement.
   The text of the Agreement 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 on behalf of the Union subject to its conclusion.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 May 2010.

            For the Council

            The President

         M. SEBASTIÁN

    ---documentbreak---

               12.2.2011

               EN

               Official Journal of the European Union

               L 38/33

         AGREEMENT
   on certain aspects of air services between the European Union and the United Mexican States
   THE EUROPEAN UNION,
   of the one part, and
   THE UNITED MEXICAN STATES,
   of the other part,
   (hereinafter referred to as ‘the Parties’), in conformity with their respective competences;
   HAVING REGARD TO the provisions of the bilateral air service agreements between various Member States of the European Union and the United Mexican States,
   NOTING that on 5 June 2003, the Member States of the European Union authorised the European Commission to amend certain provisions of their bilateral air service agreements in an agreement between the European Union and third countries,
   NOTING that the European Union has exclusive competence with respect to several aspects that may be included in bilateral air service agreements which Member States of the European Union enter into or have entered into with third countries,
   RECOGNISING the importance of updating the relationship between Member States of the European Union and the United Mexican States as regards air services, so as to provide a solid legal basis for air services between the European Union and the United Mexican States and to ensure the continuity of such air services,
   UNDERLINING their interest in promoting free competition in the field of air services, and avoiding airlines entering into agreements the purpose of which is to hinder, restrict or distort competition,
   NOTING that it is not the purpose of the European Union to affect the balance between European Union air carriers and air carriers of the United Mexican States, nor to amend the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   References to nationals of a Member State of the European Union that is a Party to any of the bilateral agreements listed in Annex I shall be understood as references to nationals of the Member States of the European Union.
   2.   References to air carriers from a Member State of the European Union that is a Party to each of the bilateral agreements listed in Annex I shall be understood as references to air carriers designated by that Member State of the European Union.
   3.   This Agreement modifies certain provisions of existing bilateral air service agreements listed in Annex I, without affecting existing traffic rights.
   Article 2
   Designation by a Member State of the European Union
   1.   The provisions of paragraphs 2 and 3 of this Article shall supersede the corresponding provisions of the Articles listed in points (a) and (b) respectively of Annex II, as regards the designation of an air carrier by a Member State of the European Union, the authorisations and permissions granted by the United Mexican States, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   Upon receipt of a designation by a Member State of the European Union, the United Mexican States shall grant the relevant authorisations and permissions without delay, provided that:

               (a)

               the air carrier is established in the territory of the designating Member State of the European Union under the Treaty on the European Union and the Treaty on the Functioning of the European Union and has a valid operating licence in accordance with the law of the European Union; and

               (b)

               effective regulatory control of the air carrier is exercised and maintained by the Member State of the European Union responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (c)

               the air carrier is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union or nationals of such countries or by the countries listed in Annex III or nationals of those other countries.

         3.   The United Mexican States may refuse, revoke, suspend or limit the authorisations or permissions granted to an air carrier designated by a Member State of the European Union where one of the conditions mentioned in paragraph 2 is not met.
   In exercising the rights under this paragraph, the United Mexican States shall not discriminate between air carriers from the European Union on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions of paragraph 2 of this Article shall complement the Articles listed in Annex II, point (c).
   2.   Where a Member State of the European Union has designated an air carrier whose regulatory control is exercised and maintained by another Member State of the European Union, the rights of the United Mexican States under the safety provisions of the agreement between the Member State of the European Union that has designated the air carrier and the United Mexican States shall apply equally in respect of the adoption, exercise and maintenance of safety standards by that other Member State of the European Union and in respect of the operating authorisation for that air carrier.
   Article 4
   Compatibility with competition rules
   1.   None of the bilateral agreements between the United Mexican States and Member States of the European Union may:

               (a)

               favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition;

               (b)

               reinforce the effects of any such agreement, decision or concerted practice; or

               (c)

               delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.

         2.   Any provisions contained in the bilateral agreements listed in Annex I that are incompatible with paragraph 1 shall not apply.
   Article 5
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 6
   Revision and amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent, in writing. Those modifications shall enter into force in accordance with the procedure set out in Article 7(1) of this Agreement.
   Article 7
   Entry into force
   1.   This Agreement shall enter into force thirty (30) days after the date of the last note with which the Parties provide written notification, via diplomatic channels, that their respective internal procedures necessary for that effect have been concluded.
   2.   This Agreement shall apply to the bilateral agreements listed in Annex I, point (b) once the latter have entered into force.
   3.   This Agreement shall prevail in the event of a difference between the provisions of this Agreement and the bilateral agreements listed in Annex I.
   Article 8
   Termination
   1.   In the event of the termination of any of the bilateral agreements listed in Annex I, all provisions of this Agreement relating to the said agreement shall terminate simultaneously.
   2.   In the event of the termination of all of the bilateral agreements listed in Annex I, this Agreement shall terminate at the same time as the last of those agreements.

      IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.
      DONE in duplicate at Brussels, on the fifteenth day of December in the year two thousand and ten, in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish languages, each text being authentic. In the case of divergence, the Spanish text shall take precedence.

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

         За Съединените мексикански щати
         Por los Estados Unidos Mexicanos
         Za Spojené státy mexické
         For De Forenede Mexicanske Stater
         Für die Vereinigten Mexikanischen Staaten
         Mehhiko Ühendriikide nimel
         Για τις Ηνωμένες Πολιτείες του Μεξικού
         For the United Mexican States
         Pour les Etats-Unis mexicains
         Per gli Stati Uniti messicani
         Meksikas Savienoto Valstu vārdā –
         Meksikos Jungtinių Valstijų vardu
         A Mexikói Egyesült Államok részéről
         Għall-Istati Uniti Messikani
         Voor de Verenigde Mexicaanse Staten
         W imieniu Meksykańskich Stanów Zjednoczonych
         Pelos Estados Unidos Mexicanos
         Pentru Statele Unite Mexicane
         Za Spojené štáty mexické
         Za Združene države mehike
         Meksikon yhdysvaltojen puolesta
         För Mexikos förenta stater

   ANNEX I

      LIST OF BILATERAL AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT

               (a)

               Air service agreements between the United Mexican States and Member States of the European Union which, at the date of signature of this Agreement, have been concluded and/or signed:

                           —

                           Air Transport Agreement between the Government of the United Mexican States and the Federal Government of Austria, signed at Vienna, Austria on 27 March 1995, hereinafter referred to as the ‘Mexico-Austria Agreement’,

                           —

                           Air Transport Agreement between the Government of the United Mexican States and the Government of the Kingdom of Belgium, signed at Mexico City, on 26 April 1999, hereinafter referred to as the ‘Mexico-Belgium Agreement’,

                           —

                           Air Transport Agreement between the Government of the United Mexican States and the Government of the Czech and Slovak Federal Republic, signed at Mexico City, on 14 August 1990, hereinafter referred to as the ‘Mexico-Czech Republic Agreement’,

                           —

                           Air Transport Agreement between the Government of the United Mexican States and the Government of the French Republic, signed at Paris, France, on 18 May 1993, amended by the Agreement Modifying and Supplementing the Air Transport Agreement between the Government of the United Mexican States and the Government of the French Republic, concluded by exchange of notes dated in Paris and Mexico City on 13 January and 4 February 2004, hereinafter referred to as the ‘Mexico-France Agreement’,

                           —

                           Air Transport Agreement between the United Mexican States and the Federal Republic of Germany, signed at Mexico City, on 8 March 1967, hereinafter referred to as the ‘Mexico-Germany Agreement’,

                           —

                           Air Transport Agreement between the United Mexican States and the Italian Republic, signed at Mexico City on 23 December 1965, amended by the Agreement Modifying and Supplementing the Air Transport Agreement between the United Mexican States and the Italian Republic of 23 December 1965, concluded by exchange of notes dated Rome, Italy, 2 August and 7 December 2004, hereinafter referred to as the ‘Mexico-Italy Agreement’,

                           —

                           Agreement between the Government of the United Mexican States and the Government of the Grand-Duchy of Luxembourg on air transport, signed at Mexico City, on 19 March 1996, hereinafter referred to as the ‘Mexico-Luxembourg Agreement’,

                           —

                           Air Transport Agreement between the Government of the United Mexican States and the Government of the Kingdom of the Netherlands, signed at Mexico City, 6 December 1971, amended by the Agreement Modifying the Air Transport Agreement of 6 December 1971 between the Government of the United Mexican States and the Government of the Kingdom of the Netherlands, concluded by exchange of notes dated 24 August 1992 in Mexico City, hereinafter referred to as the ‘Mexico-Netherlands Agreement’,

                           —

                           Air Transport Agreement between the Government of the United Mexican States and the Government of the Republic of Poland, signed at Mexico City, on 11 October 1990, hereinafter referred to as the ‘Mexico-Poland Agreement’,

                           —

                           Agreement on Civil Air Transport between the Governments of Mexico and Portugal, signed at Lisbon, Portugal on 22 October 1948, hereinafter referred to as the ‘Mexico-Portugal Agreement’,

                           —

                           Air Transport Agreement between the Government of the United Mexican States and the Government of the Kingdom of Spain, signed at Mexico City, on 21 November 1978, hereinafter referred to as the ‘Mexico-Spain Agreement’,

                           —

                           Agreement between the Government of the United Mexican States and the Government of the United Kingdom of Great Britain and Northern Ireland concerning air services, signed at Mexico City, on 18 November 1988, hereinafter referred to as the ‘Mexico-United Kingdom Agreement’.

               (b)

               Air service agreements between the United Mexican States and Member States of the European Union which, at the date of signature of this Agreement, have not yet entered into force:

                           —

                           Air Transport Agreement between the United Mexican States and the Kingdom of Spain, signed at Madrid, Spain, on 8 April 2003.

         ANNEX II

      LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX I AND REFERRED TO IN ARTICLES 2 AND 3 OF THIS AGREEMENT

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Mexico-Austria Agreement,

                           —

                           Article 3 of the Mexico-Belgium Agreement,

                           —

                           Article 3 of the Mexico-Czech Republic Agreement,

                           —

                           Article 3 of the Mexico-France Agreement,

                           —

                           Article 3 of the Mexico-Germany Agreement,

                           —

                           Article 3 of the Mexico-Italy Agreement,

                           —

                           Article 3 of the Mexico-Luxembourg Agreement,

                           —

                           Article 3 of the Mexico-Netherlands Agreement,

                           —

                           Article 3 of the Mexico-Poland Agreement,

                           —

                           Article II of the Mexico-Portugal Agreement,

                           —

                           Article 3 of the Mexico-Spain Agreement,

                           —

                           Article 4 of the Mexico-United Kingdom Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4 of the Mexico-Austria Agreement,

                           —

                           Article 5 of the Mexico-Belgium Agreement,

                           —

                           Article 4 of the Mexico-Czech Republic Agreement,

                           —

                           Article 4 of the Mexico-France Agreement,

                           —

                           Article 4, first sentence, of the Mexico-Germany Agreement,

                           —

                           Article 4 of the Mexico-Italy Agreement,

                           —

                           Article 4 of the Mexico-Luxembourg Agreement,

                           —

                           Article 4 of the Mexico-Netherlands Agreement,

                           —

                           Article 4 of the Mexico-Poland Agreement,

                           —

                           Article VII of the Mexico-Portugal Agreement,

                           —

                           Article 4 of the Mexico-Spain Agreement,

                           —

                           Article 5 of the Mexico-United Kingdom Agreement.

               (c)

               Safety:

                           —

                           Article 6 of the Mexico-Austria Agreement,

                           —

                           Article 7 of the Mexico-Belgium Agreement,

                           —

                           Article 6 of the Mexico-Czech Republic Agreement,

                           —

                           Article 6a of the Mexico-France Agreement,

                           —

                           Article 6a of the Mexico-Italy Agreement,

                           —

                           Article 6 of the Mexico-Luxembourg Agreement,

                           —

                           Article 6 of the Mexico-Netherlands Agreement,

                           —

                           Article V of the Mexico-Portugal Agreement,

                           —

                           Article 8 of the Mexico-United Kingdom Agreement.

         ANNEX III

      LIST OF OTHER COUNTRIES REFERRED TO IN ARTICLE 2 OF THIS AGREEMENT

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area).

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area).

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area).

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


Important legal notice

|

31983D0414

83/414/EEC: Council Decision of 25 July 1983 on the accession of the Community to the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts, as amended by the Protocol to the Conference of the representatives of the States Parties to the Convention signed in Warsaw on 11 November 1982

Official Journal L 237 , 26/08/1983 P. 0004 - 0004 Finnish special edition: Chapter 15 Volume 4 P. 0127  Spanish special edition: Chapter 04 Volume 2 P. 0129  Swedish special edition: Chapter 15 Volume 4 P. 0127  Portuguese special edition Chapter 04 Volume 2 P. 0129  Special edition in Czech Chapter 04 Volume 01 P. 73  - 73 Special edition in Estonian Chapter 04 Volume 01 P. 73  - 73 Special edition in Hungarian Chapter 04 Volume 01 P. 73  - 73 Special edition in Lithuanian Chapter 04 Volume 01 P. 73  - 73 Special edition in Latvian Chapter 04 Volume 01 P. 73  - 73 Special edition in Maltese Chapter 04 Volume 01 P. 73  - 73 Special edition in Polish Chapter 04 Volume 01 P. 73  - 73 Special edition in Slovakian Chapter 04 Volume 01 P. 73  - 73 Special edition in Slovenian Chapter 04 Volume 01 P. 73  - 73

		Council Decisionof 25 July 1983on the accession of the Community to the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts, as amended by the Protocol to the Conference of the representatives of the States Parties to the Convention signed in Warsaw on 11 November 1982(83/414/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,Having regard to the proposal from the Commission [1],Having regard to the opinion of the European Parliament [2],Whereas the management and conservation of the living resources of the Baltic Sea and the Belts requires international regulation;Whereas, to this end, a Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts, hereinafter referred to as "the Gdansk Convention", was signed in Gdansk on 13 September 1973 and entered into force on 28 July 1974;Whereas the Community exclusively is competent to take conservation measures for the living resources of the sea not only in an autonomous manner but also by contractual undertakings with third countries and within the framework of international organizations;Whereas the two Member States which are Contracting Parties to the Gdansk Convention, namely the Kingdom of Denmark and the Federal Republic of Germany, submitted in 1977 to the Polish Government, depositary of the Convention, proposals for the amendment of the latter to permit the accession by the Community;Whereas the States Parties to the Gdansk Convention signed on 11 November 1982 a Protocol containing proposals for amendments to the Convention inter alia the said Danish-German proposal;Whereas these amendments will enter into force 90 days after the Depository Government has received notifications of acceptance of the amendments from all Parties; whereas after this entry into force the Community may accede to the Gdansk Convention;Whereas in order to contribute to the conservation of the living resources in the area covered by the Gdansk Convention and in which Community fishermen carry on their activities, it is necessary for the Community to accede to the Convention,HAS DECIDED AS FOLLOWS:Article 1The accession of the European Economic Community to the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts, as amended by the Protocol to the Conference of the representatives of the States Parties to the Convention, signed in Warsaw on 11 November 1982, is hereby approved by the Community.The texts of the Convention and the Protocol are attached to this Decision.Article 2The President of the Council shall deposit the instrument of accession with the Government of the Polish People's Republic in accordance with Article XVIII of the Convention [3].Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 25 July 1983.For the CouncilThe PresidentC. Simitis[1] OJ No C 117, 30. 4. 1983, p. 4.[2] Opinion delivered on 8 July 1983 (not yet published in the Official Journal).[3] The date of entry into force of the Convention with respect to the Community will be published in the Official Journal of the European Communities by the General Secretariat of the Council.--------------------------------------------------


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32004D0239

2004/239/EC,Euratom: Council and Commission Decision of 23 February 2004 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part

Official Journal L 084 , 20/03/2004 P. 0001 - 0002

Council and Commission Decisionof 23 February 2004concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part(2004/239/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof, in conjunction with Article 300(2), first subparagraph, last sentence and Article 300(3), second subparagraph thereof(1),Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,Having regard to the proposal from the Commission(2),Having regard to the assent of the European Parliament(3),Having regard to the approval of the Council granted pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,Whereas:(1) The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, was signed on behalf of the European Community, in Luxembourg on 9 April 2001, in accordance with Council Decision of 4 April 2001 subject to its conclusion.(2) The commercial provisions contained in this Agreement are of an exceptional nature, connected with the policy implemented within the framework of the stabilisation and association process and will not constitute, for the European Union, any precedent in the commercial policy of the Community with regard to third countries other than those of the Western Balkans.(3) The provisions of this Agreement that fall within the scope of Part Three, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Community, until the United Kingdom or Ireland notifies the former Yugoslav Republic of Macedonia that it has become bound as part of the European Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol on the position of Denmark annexed to those Treaties.(4) This Agreement should be approved,HAVE DECIDED AS FOLLOWS:Article 1The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, the Annexes and Protocols annexed thereto and the declarations attached to the Final Act are hereby approved on behalf of the European Community and the European Atomic Energy Community.The texts referred to in the first paragraph are attached to this Decision.Article 21. The position to be taken by the Community within the Stabilisation and Association Council and within the Stabilisation and Association Committee, when the latter is empowered to act by the Stabilisation and Association Council, shall be determined by the Council, on a proposal by the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties.2. The President of the Council shall, in accordance with Article 109 of the Stabilisation and Association Agreement, preside over the Stabilisation and Association Council. A representative of the Commission shall preside over the Stabilisation and Association Committee, in accordance with the Rules of Procedure thereof.3. The decision to publish the decisions of the Stabilisation and Association Council and the Stabilisation and Association Committee in the Official Journal of the European Union shall be taken on a case-by-case basis by the Council and the Commission respectively.Article 3The President of the Council is hereby authorised to designate the person(s) empowered, on behalf of the European Community, to deposit the act of notification provided for in Article 127 of the Agreement. The President of the Commission shall deposit the said acts of notification on behalf of the European Atomic Energy Community.Done at Brussels, 23 February 2004.For the CouncilThe PresidentB. CowenFor the CommissionThe PresidentRomano Prodi(1) The European Community has taken over all rights and obligations of the European Coal and Steel Community, following the latter's expiry on 23 July 2002 (OJ L 194, 23.7.2002, p. 35).(2) OJ C 213 E, 31.7.2001, p. 23.(3) OJ C 27 E, 31.1.2002, p. 59.


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32002D0154

2002/154/EC: Decision No 179 of 18 April 2000 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 111, E 111 B, E 113 to E 118 and E 125 to E 127) (Text with EEA relevance)

Official Journal L 054 , 25/02/2002 P. 0001 - 0038

Decision No 179of 18 April 2000on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 111, E 111 B, E 113 to E 118 and E 125 to E 127)(Text with EEA relevance)(2002/154/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their family moving within the Community(1), under which it is the duty of the Administrative Commission to deal with all administrative matters arising from Regulation (EEC) No 1408/71 and subsequent regulations,Having regard to Article 2(1) of Council Regulation (EEC) No 574/72(2) fixing the procedure for implementing Regulation (EEC) No 1408/71, under which it is the duty of the Administrative Commission to draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations,Having regard to Council Regulation (EC) No 1606/98(3) amending Regulations (EEC) No 1408/71 and (EEC) No 547/72 with a view to extending them to cover special schemes for civil servants,Having regard to Council Regulation (EC) No 307/1999(4) amending Regulations (EEC) No 1408/71 and (EEC) No 547/72 with a view to extending them to cover students,Whereas it is necessary to amend Decisions No 153(5) and No 168(6) concerning the model forms necessary for the application of the Regulations;Whereas these model forms should also be adapted for the purpose of taking account of the amendments which have been introduced into the national legislation of Member States;Whereas the Agreement on the European Economic Area of 2 May 1992, supplemented by the Protocol of 17 March 1993, Annex VI, implements Regulations (EEC) No 1408/71 and (EEC) No 574/72 within the European Economic Area;Whereas, by Decision of the EEA Joint Committee, the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 will be adapted and used within the European Economic Area;Whereas, for practical reasons, identical forms should be used within the Community and within the European Economic Area;Whereas the language in which the forms should be issued is the subject of Recommendation No 15 of the Administrative Commission,HAS DECIDED AS FOLLOWS:1. The model forms E 111, E 111 B, E 113 to E 118, E 125 and E 126 reproduced in Decision No 153 and E 127 reproduced in Decision No 168 shall be replaced by the models appended hereto.2. The competent authorities of the Member States shall make available to the parties concerned (rightful claimants, institutions, employers, etc.) the forms according to the models appended hereto.3. Each form shall be available in the official languages of the Community and laid out in such manner that the different versions are perfectly superposable, thereby making it possible for all addressees (rightful claimants, institutions, employers, etc.) to receive the form printed in their own language.4. This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.The Chairman of the Administrative CommissionSebastião Pinto Pizarro(1) OJ L 149, 5.7.1971, p. 2.(2) OJ L 74, 27.3.1972, p. 1.(3) OJ L 209, 25.7.1998, p. 1.(4) OJ L 38, 12.2.1999, p. 1.(5) OJ L 244, 19.9.1994, p. 22.(6) OJ L 195, 11.7.1998, p. 37.>PIC FILE= "L_2002054EN.000302.TIF">>PIC FILE= "L_2002054EN.000401.TIF">>PIC FILE= "L_2002054EN.000501.TIF">>PIC FILE= "L_2002054EN.000701.TIF">>PIC FILE= "L_2002054EN.000801.TIF">>PIC FILE= "L_2002054EN.000901.TIF">>PIC FILE= "L_2002054EN.001001.TIF">>PIC FILE= "L_2002054EN.001101.TIF">>PIC FILE= "L_2002054EN.001201.TIF">>PIC FILE= "L_2002054EN.001301.TIF">>PIC FILE= "L_2002054EN.001401.TIF">>PIC FILE= "L_2002054EN.001501.TIF">>PIC FILE= "L_2002054EN.001701.TIF">>PIC FILE= "L_2002054EN.001801.TIF">>PIC FILE= "L_2002054EN.001901.TIF">>PIC FILE= "L_2002054EN.002101.TIF">>PIC FILE= "L_2002054EN.002201.TIF">>PIC FILE= "L_2002054EN.002301.TIF">>PIC FILE= "L_2002054EN.002401.TIF">>PIC FILE= "L_2002054EN.002501.TIF">>PIC FILE= "L_2002054EN.002601.TIF">>PIC FILE= "L_2002054EN.002701.TIF">>PIC FILE= "L_2002054EN.002901.TIF">>PIC FILE= "L_2002054EN.003001.TIF">>PIC FILE= "L_2002054EN.003101.TIF">>PIC FILE= "L_2002054EN.003301.TIF">>PIC FILE= "L_2002054EN.003401.TIF">>PIC FILE= "L_2002054EN.003501.TIF">>PIC FILE= "L_2002054EN.003701.TIF">>PIC FILE= "L_2002054EN.003801.TIF">


title: Council Decision 2012/812/CFSP of 20 December 2012 amending Common Position 2003/495/CFSP on Iraq

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 352/54

         COUNCIL DECISION 2012/812/CFSP
   of 20 December 2012
   amending Common Position 2003/495/CFSP on Iraq
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 29 thereof,
   Whereas:

               (1)

               On 7 July 2003, the Council adopted Common Position 2003/495/CFSP on Iraq (1) in implementation of United Nations Security Council (UNSC) Resolution 1483 (2003).

               (2)

               On 15 December 2010, the UNSC adopted Resolution 1956 (2010) by which it decided that the full proceeds from the Development Fund for Iraq should be transferred to the Government of Iraq’s successor arrangements account or accounts and that the Development Fund for Iraq should be terminated no later than 30 June 2011.

               (3)

               Common Position 2003/495/CFSP should therefore be amended to permit the transfer of frozen funds, other financial assets or economic resources to the successor arrangements to the Development Fund for Iraq put in place by the Government of Iraq under the conditions set out in Security Council Resolutions 1483 (2003) and 1956 (2010).

               (4)

               Common Position 2003/495/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Common Position 2003/495/CFSP is hereby amended as follows:
   Article 2 is replaced by the following:

      ‘Article 2
      All funds or other financial assets or economic resources:

                  (a)

                  of the previous Government of Iraq or its State bodies, corporations or agencies located outside Iraq on the date of 22 May 2003, as designated by the Committee established pursuant to Security Council Resolution 661 (1990); or

                  (b)

                  that have been removed from Iraq, or acquired by Saddam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled directly or indirectly by them or by persons acting on their behalf or at their direction, as designated by the Committee established pursuant to Security Council Resolution 661 (1990);

            shall be frozen without delay and, unless those funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative or arbitral lien or judgement, in which case they may be used to satisfy such lien or judgement, Member States shall immediately cause their transfer to the successor arrangements to the Development Fund for Iraq put in place by the Government of Iraq under the conditions set out in Security Council Resolutions 1483 (2003) and 1956 (2010).’

   Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 December 2012.

            For the Council

            The President

         E. FLOURENTZOU

      (1)  OJ L 169, 8.7.2003, p. 72.