title: 2005/914/EC: Council Decision of  21 November 2005  on the conclusion of a Protocol amending 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, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community

text:
               20.12.2005

               EN

               Official Journal of the European Union

               L 333/44

         COUNCIL DECISION
   of 21 November 2005
   on the conclusion of a Protocol amending 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, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community
   (2005/914/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 28 February 2005 the Council authorised the Commission to enter into negotiations with the former Yugoslav Republic of Macedonia to amend the preferential arrangements as regards imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community under the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (1) (hereinafter referred to as the SAA).

               (2)

               These negotiations have been successfully concluded and the Protocol amending the SAA should be concluded by the Community.

               (3)

               The measures necessary for the implementation of this Protocol should be adopted by the Commission in accordance with the same procedure as that provided for as regards the implementation of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (2),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol amending 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, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community is hereby approved on behalf of the Community.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol in order to bind the Community.
   Article 3
   The Commission shall adopt the detailed rules for implementing the Protocol in accordance with the procedure as laid down in Article 42 of Regulation (EC) No 1260/2001.

      Done at Brussels, 21 November 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 84, 20.3.2004, p. 13.

      (2)  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
    ---documentbreak---

               20.12.2005

               EN

               Official Journal of the European Union

               L 333/45

         PROTOCOL
   amending 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, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’,
   of the one part, and
   THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
   of the other part,
   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, (hereinafter referred to as the ‘SAA’) was signed in Luxembourg on 9 April 2001 and entered into force on 1 April 2004.

               (2)

               Negotiations have taken place to alter the preferential arrangements in the SAA with regard to imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community.

               (3)

               Appropriate amendments to the SAA should be adopted,

         HAVE AGREED AS FOLLOWS:
   Article 1
   The SAA is hereby amended as follows:

               1.

               Article 27 shall be amended as follows:

                           (a)

                           the first subparagraph of paragraph 1 shall be replaced by the following:
                           ‘1.   The Community shall abolish the custom duties and charges having equivalent effect on imports of agricultural products originating in the former Yugoslav Republic of Macedonia, other than those of heading Nos 0102, 0201, 0202, 1701, 1702 and 2204 of the Combined Nomenclature.’;

                           (b)

                           the following subparagraph shall be added to paragraph 2:
                           ‘The Community shall apply duty-free access on import into the Community for products originating in the former Yugoslav Republic of Macedonia of headings 1701 and 1702 of the Combined Nomenclature, within the limit of an annual tariff quota of 7 000 tonnes (net weight).’

               2.

               In the table in Annex I to Protocol 3, the references to products falling under heading 1702 of the Combined Nomenclature shall be deleted.

         Article 2
   This Protocol shall form an integral part of the SAA.
   Article 3
   This Protocol shall enter into force on the first day of the month following the date of signature.
   Article 4
   This Protocol shall be drawn up in duplicate in each of the official languages of the contracting parties, each of these texts being equally authentic.

      Done at Brussels, 21 November 2005.

            For the European Community

            For the former Yugoslav Republic of Macedonia

 ---documentbreak--- NA ---documentbreak---

               20.12.2005

               EN

               Official Journal of the European Union

               L 333/46

         AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community
   Brussels, 13 December 2005

               H. E. Mr Sasko STEFKOV

               Ambassador

               Head of the Mission of the former Yugoslav Republic of Macedonia to the European Union

         Dear Sir,
   I have the honour to propose that, if it is acceptable to your Government, this letter and your confirmation shall together take the place of signature of the Protocol amending 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, on a tariff quota for the imports of sugar products originating in the former Yugoslav Republic of Macedonia into the Community.
   The text of the aforementioned Protocol, herewith annexed, has been approved by Decision of the Council of the European Union on 21 November 2005. In accordance with its Article 3 this Protocol shall therefore enter into force on the first day of the month following the date on which the Council receives your letter of confirmation.
   Please accept, Sir, the assurance of my highest consideration.

         For the European Community

   Brussels, 13 December 2005
   Dear Sirs,
   I have the honour to acknowledge receipt of your letter regarding the signature of the Protocol amending the Stabilization and Association Agreement between the European Communities and their Member States and the Republic of Macedonia on a tariff quota for the import of sugar and sugar products originating in the Republic of Macedonia into the Community.
   I confirm the acceptance of my Government that this letter and your letter shall together take place of the signature of the Protocol.
   We note that the Protocol has been approved by Decision of the Council of the European Union on 21 November 2005 and that in accordance with its Article 3 this Protocol shall enter into force on the first day of the month following the date on which the Council receives our letter of confirmation.
   However, I declare that the Republic of Macedonia does not accept the denomination used for my country in the abovementioned Protocol, having in view that the constitutional name of my country is the Republic of Macedonia.
   Please accept, Sirs, the assurances of my highest consideration.

         Ambassador,

      Saško Stefkov

   Brussels, 13 December 2005

               H. E. Mr Sasko STEFKOV

               Ambassador

               Head of the Mission of the former Yugoslav Republic of Macedonia to the European Union

               Av. Louise 209 A

               1050 — BRUSSELS

         Dear Sir,
   I have the honour to acknowledge receipt of your letter of today's date.
   The European Union notes that the Exchange of Letters between the European Union and the Former Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the Protocol amending 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, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community, has been accomplished and that this cannot be interpreted as acceptance or recognition by the European Union in whatever form or content of a denomination other than the ‘former Yugoslav Republic of Macedonia’.
   Please accept, Sir, the assurance of my highest consideration.

         For the European Community


title: 2008/328/EC: Council Decision of 18 April 2008 amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS)

text:
               25.4.2008

               EN

               Official Journal of the European Union

               L 113/21

      COUNCIL DECISION

   of 18 April 2008
   amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS)
   (2008/328/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Article 119 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (the 1990 Schengen Convention) (1),
   Whereas:

               (1)

               The provisions of Article 119 of the 1990 Schengen Convention provide that the costs arising from the installation and operation of C.SIS, referred to in the provisions of Article 92(3), shall be borne jointly by the Contracting Parties.

               (2)

               The financial obligations arising from the installation and operation of the C.SIS are regulated by a specific Financial Regulation, as modified by the Decision of the Schengen Executive Committee of 15 December 1997 amending the Financial Regulation on C.SIS (2) (hereinafter C.SIS Financial Regulation).

               (3)

               The C.SIS Financial Regulation applies to Denmark, Finland and Sweden, and to Iceland and Norway by virtue of Council Decision 2000/777/EC (3), as well as to the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic by virtue of Council Decision 2007/471/EC (4).

               (4)

               The Swiss Confederation is to participate in the provisions of the Schengen acquis related to the Schengen Information System from a date to be set by the Council in accordance with Article 15(1) of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
                   (5) (hereinafter the Agreement).

               (5)

               From that date onwards the Swiss Confederation should participate in the C.SIS Financial Regulation.

               (6)

               It is reasonable that the Swiss Confederation contributes to historical C.SIS costs. However, since the Agreement was signed on 26 October 2004, it is considered appropriate that it should contribute historical costs in relation to the installation of the C.SIS from 1 January 2005. It is also considered reasonable that it contribute to operating costs from 1 January 2008.

               (7)

               As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis
                   (6) which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/EC (7) on certain arrangements for the application of that Agreement.

               (8)

               As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement, which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/146/EC (8) and 2008/149/JHA (9).

               (9)

               As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement, which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/261/EC (10) and 2008/262/JHA (11).

               (10)

               The United Kingdom is taking part in this Decision, in accordance with Article 5 of 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 Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (12).

               (11)

               Ireland is taking part in this Decision, in accordance with Article 5 of 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 Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis
                   (13).

               (12)

               As regards the Republic of Cyprus, this Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

               (13)

               This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 4(2) of the 2005 Act of Accession,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In Title I, point 3 of the C.SIS Financial Regulation, the following indent shall be added:

               ‘—

               in the case of the Swiss Confederation, the contribution shall only be calculated on the basis of the costs incurred for the installation of the C.SIS from 1 January 2005. The Swiss Confederation shall also contribute to the operating costs of the C.SIS from 1 January 2008.’

         Article 2
   This Decision shall take effect from the date of its adoption.
   It shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 18 April 2008.

            For the Council

            The President

         D. MATE

      (1)  OJ L 239, 22.9.2000, p. 19.

      (2)  OJ L 239, 22.9.2000, p. 444.

      (3)  OJ L 309, 9.12.2000, p. 24.

      (4)  OJ L 179, 7.7.2007, p. 46.

      (5)  OJ L 53, 27.2.2008, p. 52.

      (6)  OJ L 176, 10.7.1999, p. 36.

      (7)  OJ L 176, 10.7.1999, p. 31.

      (8)  Council Decision of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

      (9)  Council Decision of 28 January 2008 on the conclusion on behalf of the European Union of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 50).

      (10)  OJ L 83, 26.3.2008. p. 3.

      (11)  OJ L 83, 26.3.2008. p. 5.

      (12)  OJ L 131, 1.6.2000, p. 43.

      (13)  OJ L 64, 7.3.2002, p. 20.


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31978D0897

78/897/EEC: Council Decision of 30 October 1978 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Bank for International Settlements concerning the mobilization of claims held by Member States under the medium-term financial assistance arrangements

Official Journal L 316 , 10/11/1978 P. 0021 - 0021 Finnish special edition: Chapter 10 Volume 1 P. 0018  Greek special edition: Chapter 10 Volume 1 P. 0174  Swedish special edition: Chapter 10 Volume 1 P. 0018  Spanish special edition: Chapter 10 Volume 1 P. 0069  Portuguese special edition Chapter 10 Volume 1 P. 0069

COUNCIL DECISION  of 30 October 1978  concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Bank for International Settlements concerning the mobilization of claims held by Member States under the medium-term financial assistance arrangements  (78/897/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 71/143/EEC of 22 March 1971 setting up machinery for medium-term financial assistance (1), as last amended by Decision 78/49/EEC (2), and in particular Articles 1 and 4 thereof,  Having regard to the recommendation from the Commission,  Having regard to the opinion of the Monetary Committee of 28 February 1978,  Whereas Decision 78/49/EEC made provision, in cases where one or more Member States which are creditors under the medium-term financial assistance system experience difficulties or are seriously threatened with difficulties as regards their balance of payments, for the mobilization of the claims held by that State or those States ; whereas it provided that mobilization of the claims could be carried out by inter alia refinancing from outside the system, either by concerted action by Member States with other international organizations, or by an agreement made with such organizations;  Whereas the Bank for International Settlements is the organization able to provide such refinancing,  HAS DECIDED AS FOLLOWS:    Article 1 1. The Agreement in the form of an exchange of letters between the European Economic Community and the Bank for International Settlements concerning the mobilization of claims held by Member States under the medium-term financial assistance arrangements is hereby approved on behalf of the Community.  2. The text of the Agreement is annexed to this Decision.   Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.     Done at Luxembourg, 30 October 1978.  For the Council  The President  J. ERTL  (1)OJ No L 73, 27.3.1971, p. 15. (2)OJ No L 14, 18.1.1978, p. 14.      AGREEMENT in the form of an exchange of letters between the European Economic Community and the Bank for International Settlements concerning the mobilization of claims held by the Member States under the medium-term financial assistance arrangements A. Letter from the Bank for International Settlements  Sir,  The BIS could conclude stand-by credit agreements with the creditor countries' central banks if they should so request.  These agreements could be concluded up to the total amount of the contribution paid into the mechanism by the creditor country, with an overall limit of 2 725 million units of account, corresponding to half of the total of future commitment ceilings of the member countries.  The practical details of each stand-by agreement would be determined by agreement between the BIS and the central bank in question. However, certain conditions, which the BIS would be prepared to apply, can be indicated already:  The initial commitment of the BIS for each stand-by credit would be for two years with the option of renewal for other periods, the total not to exceed five years.  On the opening of credits, and whenever they are renewed, the BIS would take a commission. It would also be understood that, in order to allow it to carry out the necessary adjustments to its own liquidity, the first drawings would not take place until one month after the conclusion of the stand-by agreement. Drawings would be in the currencies available to the BIS at the time the agreements were concluded, most probably in US dollars ; they would be for periods to be negotiated in the light of the Bank's resources, probably three or six months. The conditions would be equivalent to those applied by the BIS at the time for transactions concluded on similar terms, i.e. at close to market rates. Normally, these rates should be only slightly above Libor. However, if the BIS should itself have to have recourse to the market to procure the necessary funds, the rate applied could reach a maximum equivalent to Libor plus an appropriate margin.  I should be obliged if you would inform me whether the Council of the European Communities is in agreement with the above.  Please accept, Sir, the assurance of my highest consideration.  For the Bank for International Settlements   B. Letter from the Community  Sir,  I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:  "The BIS could conclude stand-by credit agreements with the creditor countries' central banks if they should so request.  These agreements could be concluded up to the total amount of the contribution paid into the mechanism by the creditor country, with an overall limit of 2 725 million units of account, corresponding to half of the total of future commitment ceilings of the member countries.  The practical details of each stand-by agreement would be determined by agreement between the BIS and the central bank in question. However, certain conditions, which the BIS would be prepared to apply, can be indicated already:  The initial commitment of the BIS for each stand-by credit would be for two years with the option of renewal for other periods, the total not to exceed five years.  On the opening of credits, and whenever they are renewed, the BIS would take a Commission. It would also be understood that, in order to allow it to carry out the necessary adjustments to its own liquidity, the first drawings would not take place until one month after the conclusion of the stand-by agreement. Drawings would be in the currencies available to the BIS at the time the agreements were concluded, most probably in US dollars ; they would be for periods to be negotiated in the light of the Bank's resources, probably three or six months. The conditions would be equivalent to those applied by the BIS at the time for transactions concluded on similar terms, i.e. at close to market rates. Normally, these rates should be only slightly above Libor. However, if the BIS should itself have to have recourse to the market to procure the necessary funds, the rate applied could reach a maximum equivalent to Libor plus an appropriate margin.  I should be obliged if you would inform me whether the Council of the European Communities is in agreement with the above."  I have the honour to inform you that the Council of the European Communities is in agreement with the contents of your letter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Council of  the European Communities


title: Council Decision of 7 March 1978 replacing a member of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

text:
No L 72/20                        Official Journal of the European Communities                       14 . 3 . 78
                                                  COUNCIL DECISION
                                                    of 7 March 1978
           replacing a member of the Administrative Board of the European Foundation
                         for the Improvement of Living and Working Conditions
                                                      (78 /271 / EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community,
           Having regard to Council Regulation ( EEC) No 136.5/ 75 of 26 May 1975 on the creation
           of a European Foundation for the Improvement of Living and Working Conditions ('),
           and in particular Article 6 thereof,
           Having regard to the Council Decision of 15 March 1976 appointing, for the period
           ending 14 March 1979, members of the Administrative Board of the European Founda
           tion for the Improvement of Living and Working Conditions,
           Whereas the Council was informed on 17 February 1978 that a seat as member of the
           Administrative Board of the abovementioned Foundation in the 'employers' representa
           tives' category had become vacant as a result of the resignation of Mr Watson ;
           Having regard to the nomination submitted by the Commission on 17 February 1978 ,
           HAS DECIDED AS FOLLOWS :
                                                       Sole Article
           Mr W. H. Taylor is hereby appointed a member of the Administrative Board of the Euro
           pean Foundation for the Improvement of Living and Working Conditions in placc of Mr
           Watson for the remainder of the latter's term of office, which runs until 14 March 1979 .
           Done at Brussels , 7 March 1978 .
                                                                       For the Council
                                                                        The President
                                                                      K. B. ANDERSEN
           (') OJ No L 139 , 30 . 5 . 1975 , p. 1


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32001D0797

2001/797/EC: Council Decision of 23 July 2001 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Estonia terminating Protocol 1 on trade in textile and clothing products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part

Official Journal L 301 , 17/11/2001 P. 0035 - 0035

Council Decisionof 23 July 2001concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Estonia terminating Protocol 1 on trade in textile and clothing products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part(2001/797/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) The Commission has negotiated on behalf of the Community a bilateral Agreement in the form of an Exchange of Letters to terminate the Protocol 1 on trade in textile and clothing products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part(1).(2) The Agreement in the form of an Exchange of Letters should be approved on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Estonia terminating Protocol 1 on trade in textile and clothing products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 23 July 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 68, 9.3.1998, p. 3.


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32001D0506

2001/506/EC: Council Decision of 26 June 2001 on the accession of the European Community to United Nations Economic Commission for Europe Regulation No 104 on the approval of retro-reflecting markings for heavy and long vehicles and their trailers

Official Journal L 183 , 06/07/2001 P. 0034 - 0034

Council Decisionof 26 June 2001on the accession of the European Community to United Nations Economic Commission for Europe Regulation No 104 on the approval of retro-reflecting markings for heavy and long vehicles and their trailers(2001/506/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreements of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ("Revised 1958 Agreement")(1), and in particular Article 3(3) and the second indent of Article 4(2) thereof,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament(2),Whereas:(1) The standard requirements of United Nations Economic Commission for Europe Regulation No 104 on the approval of retro-reflecting markings for heavy and long vehicles and their trailers is intended to remove technical barriers to the trade in motor vehicles between the Contracting Parties in respect of retro-reflecting markings and ensure a high level of safety and environmental protection.(2) Regulation No 104 has been notified to the Contracting Parties and has entered into force in respect of all the Contracting Parties who did not serve notice of their disagreement by the date or dates specified therein as a Regulation appended to the Revised Agreement of 1958.(3) Regulation No 104 should be incorporated into the Community approval system for motor vehicles and should thus be added to the legislation in force within the Community,HAS DECIDED AS FOLLOWS:Sole ArticleThe European Community shall accede to United Nations Economic Commission for Europe Regulation No 104 on the approval of retro-reflecting markings for heavy and long vehicles and their trailers.The text of the Regulation is attached hereto(3).Done at Luxembourg, 26 June 2001.For the CouncilThe PresidentT. Östros(1) OJ L 346, 17.12.1997, p. 78.(2) Assent given on 15 May 2001 (not yet published in the Official Journal).(3) This Regulation shall be published in a future Official Journal.


title: 2006/617/EC: Council Decision of 24 July 2006 on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community

text:
               22.9.2006

               EN

               Official Journal of the European Union

               L 262/34

      COUNCIL DECISION

   of 24 July 2006
   on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community
   (2006/617/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62 point 2, Article 63 point 3 and Article 66, in conjunction with the first subparagraph of Article 300(2) and 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 elements of the Protocol which are subject to Community competence were negotiated by the Commission, with the approval of the Council, on behalf of the Community.

               (2)

               The Council instructed the Commission to negotiate the accession of the Community to the international agreement in question.

               (3)

               Negotiations were successfully concluded and the resulting instrument was signed by the Community on 12 December 2000 in accordance with Council Decision 2001/87/EC of 8 December 2000 (2).

               (4)

               Some Member States are parties to the Protocol while the ratification process is under way in other Member States.

               (5)

               This Decision is without prejudice to the position of the United Kingdom and Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union and under 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, hence the UK and Ireland are not bound by this Decision to the extent that it concerns the exercise of an external power by the Community in fields where its internal legislation does not bind the UK and/or Ireland.

               (6)

               This Decision is without prejudice to the position of Denmark under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, hence Denmark does not take part in its adoption and is not bound by it.

               (7)

               The conclusion of the Convention was approved on behalf of the Community by Council Decision 2004/579/EC of 29 April 2004 (3), which is a condition for the Community to become a Party to the Protocol, pursuant to Article 37(2) of the Convention.

               (8)

               The other conditions permitting the Community to deposit the instrument of approval provided for in Article 36(3) of the Convention and Article 21(3) of the Protocol have been fulfilled.

               (9)

               In so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty, the conclusion of the Protocol should be approved on behalf of the Community.

               (10)

               In so far as the provisions of the Protocol fall within the scope of Articles 179 and 181a of the Treaty, the conclusion of the Protocol on behalf of the Community should be approved by means of a separate decision of the Council (4).

               (11)

               The Community should, when depositing the instrument of approval, also deposit a declaration on the extent of the Community's competence with respect to matters governed by the Protocol under Article 21(3) of the Smuggling Protocol,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol against the smuggling of migrants by land, air and sea, supplementing the United Nations Convention against transnational organised crime, as set out in Annex I, is hereby approved on behalf of the European Community.
   The Community's instrument of formal confirmation shall comprise a declaration of competence according to Article 21(3) of the Protocol as set out in Annex II.
   Article 2
   This Decision shall apply in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty.
   Article 3
   The President of the Council is authorised to designate the person empowered to deposit the instrument of formal confirmation in order to bind the Community.
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 24 July 2006.

            For the Council

            The President

         K. RAJAMÄKI

      (1)  Not yet Published In the Official Journal.

      (2)  OJ L 30, 1.2.2001, p. 44.

      (3)  OJ L 261, 6.8.2004, p. 69.

      (4)  See page 24 of this Official Journal.

      ANNEX I

         PROTOCOL
         against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime
         PREAMBLE
         THE STATES PARTIES TO THIS PROTOCOL,
         DECLARING that effective action to prevent and combat the smuggling of migrants by land, sea and air requires a comprehensive international approach, including cooperation, the exchange of information and other appropriate measures, including socio-economic measures, at the national, regional and international levels,
         RECALLING General Assembly resolution 54/212 of 22 December 1999, in which the Assembly urged Member States and the United Nations system to strengthen international cooperation in the area of international migration and development in order to address the root causes of migration, especially those related to poverty, and to maximize the benefits of international migration to those concerned, and encouraged, where relevant, interregional, regional and subregional mechanisms to continue to address the question of migration and development,
         CONVINCED of the need to provide migrants with humane treatment and full protection of their rights,
         TAKING INTO ACCOUNT the fact that, despite work undertaken in other international forums, there is no universal instrument that addresses all aspects of smuggling of migrants and other related issues,
         CONCERNED at the significant increase in the activities of organised criminal groups in smuggling of migrants and other related criminal activities set forth in this Protocol, which bring great harm to the States concerned,
         ALSO CONCERNED that the smuggling of migrants can endanger the lives or security of the migrants involved,
         RECALLING General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organised crime and of discussing the elaboration of, inter alia, an international instrument addressing illegal trafficking in and transporting of migrants, including by sea,
         CONVINCED that supplementing the United Nations Convention against Transnational Organised Crime with an international instrument against the smuggling of migrants by land, sea and air will be useful in preventing and combating that crime,
         HAVE AGREED AS FOLLOWS:
         I.   GENERAL PROVISIONS
         Article 1
         Relation with the United Nations Convention against Transnational Organised Crime
         1.   This Protocol supplements the United Nations Convention against Transnational Organised Crime. It shall be interpreted together with the Convention.
         2.   The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein.
         3.   The offences established in accordance with article 6 of this Protocol shall be regarded as offences established in accordance with the Convention.
         Article 2
         Statement of purpose
         The purpose of this Protocol is to prevent and combat the smuggling of migrants, as well as to promote cooperation among States Parties to that end, while protecting the rights of smuggled migrants.
         Article 3
         Use of terms
         For the purposes of this Protocol:

                     (a)

                     ‘smuggling of migrants’ shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;

                     (b)

                     ‘illegal entry’ shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State;

                     (c)

                     ‘fraudulent travel or identity document’ shall mean any travel or identity document:

                                 (i)

                                 that has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a State; or

                                 (ii)

                                 that has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or

                                 (iii)

                                 that is being used by a person other than the rightful holder;

                     (d)

                     ‘vessel’ shall mean any type of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water, except a warship, naval auxiliary or other vessel owned or operated by a Government and used, for the time being, only on government non-commercial service.

               Article 4
         Scope of application
         This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 6 of this Protocol, where the offences are transnational in nature and involve an organised criminal group, as well as to the protection of the rights of persons who have been the object of such offences.
         Article 5
         Criminal liability of migrants
         Migrants shall not become liable to criminal prosecution under this Protocol for the fact of having been the object of conduct set forth in article 6 of this Protocol.
         Article 6
         Criminalisation
         1.   Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally and in order to obtain, directly or indirectly, a financial or other material benefit:

                     (a)

                     the smuggling of migrants;

                     (b)

                     when committed for the purpose of enabling the smuggling of migrants:

                                 (i)

                                 producing a fraudulent travel or identity document;

                                 (ii)

                                 procuring, providing or possessing such a document;

                     (c)

                     enabling a person who is not a national or a permanent resident to remain in the State concerned without complying with the necessary requirements for legally remaining in the State by the means mentioned in subparagraph (b) of this paragraph or any other illegal means.

               2.   Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:

                     (a)

                     subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;

                     (b)

                     participating as an accomplice in an offence established in accordance with paragraph 1 (a), (b) (i) or (c) of this article and, subject to the basic concepts of its legal system, participating as an accomplice in an offence established in accordance with paragraph 1 (b) (ii) of this article;

                     (c)

                     organising or directing other persons to commit an offence established in accordance with paragraph 1 of this article.

               3.   Each State Party shall adopt such legislative and other measures as may be necessary to establish as aggravating circumstances to the offences established in accordance with paragraph 1 (a), (b) (i) and (c) of this article and, subject to the basic concepts of its legal system, to the offences established in accordance with paragraph 2 (b) and (c) of this article, circumstances:

                     (a)

                     that endanger, or are likely to endanger, the lives or safety of the migrants concerned; or

                     (b)

                     that entail inhuman or degrading treatment, including for exploitation, of such migrants.

               4.   Nothing in this Protocol shall prevent a State Party from taking measures against a person whose conduct constitutes an offence under its domestic law.
         II.   SMUGGLING OF MIGRANTS BY SEA
         Article 7
         Cooperation
         States Parties shall cooperate to the fullest extent possible to prevent and suppress the smuggling of migrants by sea, in accordance with the international law of the sea.
         Article 8
         Measures against the smuggling of migrants by sea
         1.   A State Party that has reasonable grounds to suspect that a vessel that is flying its flag or claiming its registry, that is without nationality or that, though flying a foreign flag or refusing to show a flag, is in reality of the nationality of the State Party concerned is engaged in the smuggling of migrants by sea may request the assistance of other States Parties in suppressing the use of the vessel for that purpose. The States Parties so requested shall render such assistance to the extent possible within their means.
         2.   A State Party that has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law and flying the flag or displaying the marks of registry of another State Party is engaged in the smuggling of migrants by sea may so notify the flag State, request confirmation of registry and, if confirmed, request authorisation from the flag State to take appropriate measures with regard to that vessel. The flag State may authorise the requesting State, inter alia:

                     (a)

                     to board the vessel;

                     (b)

                     to search the vessel; and

                     (c)

                     if evidence is found that the vessel is engaged in the smuggling of migrants by sea, to take appropriate measures with respect to the vessel and persons and cargo on board, as authorised by the flag State.

               3.   A State Party that has taken any measure in accordance with paragraph 2 of this article shall promptly inform the flag State concerned of the results of that measure.
         4.   A State Party shall respond expeditiously to a request from another State Party to determine whether a vessel that is claiming its registry or flying its flag is entitled to do so and to a request for authorisation made in accordance with paragraph 2 of this article.
         5.   A flag State may, consistent with article 7 of this Protocol, subject its authorisation to conditions to be agreed by it and the requesting State, including conditions relating to responsibility and the extent of effective measures to be taken. A State Party shall take no additional measures without the express authorisation of the flag State, except those necessary to relieve imminent danger to the lives of persons or those which derive from relevant bilateral or multilateral agreements.
         6.   Each State Party shall designate an authority or, where necessary, authorities to receive and respond to requests for assistance, for confirmation of registry or of the right of a vessel to fly its flag and for authorisation to take appropriate measures. Such designation shall be notified through the Secretary-General to all other States Parties within one month of the designation.
         7.   A State Party that has reasonable grounds to suspect that a vessel is engaged in the smuggling of migrants by sea and is without nationality or may be assimilated to a vessel without nationality may board and search the vessel. If evidence confirming the suspicion is found, that State Party shall take appropriate measures in accordance with relevant domestic and international law.
         Article 9
         Safeguard clauses
         1.   Where a State Party takes measures against a vessel in accordance with article 8 of this Protocol, it shall:

                     (a)

                     ensure the safety and humane treatment of the persons on board;

                     (b)

                     take due account of the need not to endanger the security of the vessel or its cargo;

                     (c)

                     take due account of the need not to prejudice the commercial or legal interests of the flag State or any other interested State;

                     (d)

                     ensure, within available means, that any measure taken with regard to the vessel is environmentally sound.

               2.   Where the grounds for measures taken pursuant to article 8 of this Protocol prove to be unfounded, the vessel shall be compensated for any loss or damage that may have been sustained, provided that the vessel has not committed any act justifying the measures taken.
         3.   Any measure taken, adopted or implemented in accordance with this chapter shall take due account of the need not to interfere with or to affect:

                     (a)

                     the rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea; or

                     (b)

                     the authority of the flag State to exercise jurisdiction and control in administrative, technical and social matters involving the vessel.

               4.   Any measure taken at sea pursuant to this chapter shall be carried out only by warships or military aircraft, or by other ships or aircraft clearly marked and identifiable as being on government service and authorised to that effect.
         III.   PREVENTION, COOPERATION AND OTHER MEASURES
         Article 10
         Information
         1.   Without prejudice to articles 27 and 28 of the Convention, States Parties, in particular those with common borders or located on routes along which migrants are smuggled, shall, for the purpose of achieving the objectives of this Protocol, exchange among themselves, consistent with their respective domestic legal and administrative systems, relevant information on matters such as:

                     (a)

                     embarkation and destination points, as well as routes, carriers and means of transportation, known to be or suspected of being used by an organised criminal group engaged in conduct set forth in article 6 of this Protocol;

                     (b)

                     the identity and methods of organisations or organised criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol;

                     (c)

                     the authenticity and proper form of travel documents issued by a State Party and the theft or related misuse of blank travel or identity documents;

                     (d)

                     means and methods of concealment and transportation of persons, the unlawful alteration, reproduction or acquisition or other misuse of travel or identity documents used in conduct set forth in article 6 of this Protocol and ways of detecting them;

                     (e)

                     legislative experiences and practices and measures to prevent and combat the conduct set forth in article 6 of this Protocol; and

                     (f)

                     scientific and technological information useful to law enforcement, so as to enhance each other's ability to prevent, detect and investigate the conduct set forth in article 6 of this Protocol and to prosecute those involved.

               2.   A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.
         Article 11
         Border measures
         1.   Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect the smuggling of migrants.
         2.   Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of the offence established in accordance with article 6, paragraph 1 (a), of this Protocol.
         3.   Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.
         4.   Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.
         5.   Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.
         6.   Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.
         Article 12
         Security and control of documents
         Each State Party shall take such measures as may be necessary, within available means:

                     (a)

                     to ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and

                     (b)

                     to ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use.

               Article 13
         Legitimacy and validity of documents
         At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for purposes of conduct set forth in article 6 of this Protocol.
         Article 14
         Training and technical cooperation
         1.   States Parties shall provide or strengthen specialised training for immigration and other relevant officials in preventing the conduct set forth in article 6 of this Protocol and in the humane treatment of migrants who have been the object of such conduct, while respecting their rights as set forth in this Protocol.
         2.   States Parties shall cooperate with each other and with competent international organisations, non-governmental organisations, other relevant organisations and other elements of civil society as appropriate to ensure that there is adequate personnel training in their territories to prevent, combat and eradicate the conduct set forth in article 6 of this Protocol and to protect the rights of migrants who have been the object of such conduct. Such training shall include:

                     (a)

                     improving the security and quality of travel documents;

                     (b)

                     recognizing and detecting fraudulent travel or identity documents;

                     (c)

                     Gathering criminal intelligence, relating in particular to the identification of organised criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol, the methods used to transport smuggled migrants, the misuse of travel or identity documents for purposes of conduct set forth in article 6 and the means of concealment used in the smuggling of migrants;

                     (d)

                     improving procedures for detecting smuggled persons at conventional and non-conventional points of entry and exit; and

                     (e)

                     the humane treatment of migrants and the protection of their rights as set forth in this Protocol.

               3.   States Parties with relevant expertise shall consider providing technical assistance to States that are frequently countries of origin or transit for persons who have been the object of conduct set forth in article 6 of this Protocol. States Parties shall make every effort to provide the necessary resources, such as vehicles, computer systems and document readers, to combat the conduct set forth in article 6.
         Article 15
         Other prevention measures
         1.   Each State Party shall take measures to ensure that it provides or strengthens information programmes to increase public awareness of the fact that the conduct set forth in article 6 of this Protocol is a criminal activity frequently perpetrated by organised criminal groups for profit and that it poses serious risks to the migrants concerned.
         2.   In accordance with article 31 of the Convention, States Parties shall cooperate in the field of public information for the purpose of preventing potential migrants from falling victim to organised criminal groups.
         3.   Each State Party shall promote or strengthen, as appropriate, development programmes and cooperation at the national, regional and international levels, taking into account the socio-economic realities of migration and paying special attention to economically and socially depressed areas, in order to combat the root socio-economic causes of the smuggling of migrants, such as poverty and underdevelopment.
         Article 16
         Protection and assistance measures
         1.   In implementing this Protocol, each State Party shall take, consistent with its obligations under international law, all appropriate measures, including legislation if necessary, to preserve and protect the rights of persons who have been the object of conduct set forth in article 6 of this Protocol as accorded under applicable international law, in particular the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
         2.   Each State Party shall take appropriate measures to afford migrants appropriate protection against violence that may be inflicted upon them, whether by individuals or groups, by reason of being the object of conduct set forth in article 6 of this Protocol.
         3.   Each State Party shall afford appropriate assistance to migrants whose lives or safety are endangered by reason of being the object of conduct set forth in article 6 of this Protocol.
         4.   In applying the provisions of this article, States Parties shall take into account the special needs of women and children.
         5.   In the case of the detention of a person who has been the object of conduct set forth in article 6 of this Protocol, each State Party shall comply with its obligations under the Vienna Convention on Consular Relations, (1) where applicable, including that of informing the person concerned without delay about the provisions concerning notification to and communication with consular officers.
         Article 17
         Agreements and arrangements
         States Parties shall consider the conclusion of bilateral or regional agreements or operational arrangements or understandings aimed at:

                     (a)

                     establishing the most appropriate and effective measures to prevent and combat the conduct set forth in article 6 of this Protocol; or

                     (b)

                     enhancing the provisions of this Protocol among themselves.

               Article 18
         Return of smuggled migrants
         1.   Each State Party agrees to facilitate and accept, without undue or unreasonable delay, the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who is its national or who has the right of permanent residence in its territory at the time of return.
         2.   Each State Party shall consider the possibility of facilitating and accepting the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who had the right of permanent residence in its territory at the time of entry into the receiving State in accordance with its domestic law.
         3.   At the request of the receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who has been the object of conduct set forth in article 6 of this Protocol is its national or has the right of permanent residence in its territory.
         4.   In order to facilitate the return of a person who has been the object of conduct set forth in article 6 of this Protocol and is without proper documentation, the State Party of which that person is a national or in which he or she has the right of permanent residence shall agree to issue, at the request of the receiving State Party, such travel documents or other authorisation as may be necessary to enable the person to travel to and re-enter its territory.
         5.   Each State Party involved with the return of a person who has been the object of conduct set forth in article 6 of this Protocol shall take all appropriate measures to carry out the return in an orderly manner and with due regard for the safety and dignity of the person.
         6.   States Parties may cooperate with relevant international organisations in the implementation of this article.
         7.   This article shall be without prejudice to any right afforded to persons who have been the object of conduct set forth in article 6 of this Protocol by any domestic law of the receiving State Party.
         8.   This article shall not affect the obligations entered into under any other applicable treaty, bilateral or multilateral, or any other applicable operational agreement or arrangement that governs, in whole or in part, the return of persons who have been the object of conduct set forth in article 6 of this Protocol.
         IV.   FINAL PROVISIONS
         Article 19
         Saving clause
         1.   Nothing in this Protocol shall affect the other rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and the principle of non-refoulement as contained therein.
         2.   The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are the object of conduct set forth in article 6 of this Protocol. The interpretation and application of those measures shall be consistent with internationally recognised principles of non-discrimination.
         Article 20
         Settlement of disputes
         1.   States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.
         2.   Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organisation of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.
         3.   Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.
         4.   Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
         Article 21
         Signature, ratification, acceptance, approval and accession
         1.   This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.
         2.   This Protocol shall also be open for signature by regional economic integration organisations provided that at least one member State of such organisation has signed this Protocol in accordance with paragraph 1 of this article.
         3.   This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organisation may deposit its instrument of ratification, acceptance or approval if at least one of its Member States has done likewise. In that instrument of ratification, acceptance or approval, such organisation shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organisation shall also inform the depositary of any relevant modification in the extent of its competence.
         4.   This Protocol is open for accession by any State or any regional economic integration organisation of which at least one Member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organisation shall declare the extent of its competence with respect to matters governed by this Protocol. Such organisation shall also inform the depositary of any relevant modification in the extent of its competence.
         Article 22
         Entry into force
         1.   This Protocol shall enter into force on the 90th day after the date of deposit of the 40th instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organisation shall not be counted as additional to those deposited by member States of such organisation.
         2.   For each State or regional economic integration organisation ratifying, accepting, approving or acceding to this Protocol after the deposit of the 40th instrument of such action, this Protocol shall enter into force on the 30th day after the date of deposit by such State or organisation of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.
         Article 23
         Amendment
         1.   After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.
         2.   Regional economic integration organisations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their Member States that are Parties to this Protocol. Such organisations shall not exercise their right to vote if their member States exercise theirs and vice versa.
         3.   An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
         4.   An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party 90 days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
         5.   When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.
         Article 24
         Denunciation
         1.   A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
         2.   A regional economic integration organisation shall cease to be a Party to this Protocol when all of its member States have denounced it.
         Article 25
         Depositary and languages
         1.   The Secretary-General of the United Nations is designated depositary of this Protocol.
         2.   The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
         IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorised thereto by their respective Governments, have signed this Protocol.

         (1)  Ibid., vol. 596, Nos 8638 to 8640.

      ANNEX II

         Declaration concerning the competence of the European Community with regard to matters governed by the Protocol Against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention Against Transnational Organised Crime
         Article 21(3) of the Protocol provides that the instrument of accession of a regional economic integration organisation shall contain a declaration specifying the matters governed by the Protocol in respect of which competence has been transferred to the organisation by its Member States which are Parties to the Protocol.
         The Protocol against the smuggling of migrants by land, air and sea shall apply, with regard to the competences transferred to the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof and the Protocols annexed to it.
         This declaration is without prejudice to the position of the United Kingdom and Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union and under 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.
         This declaration is equally without prejudice to the position of Denmark under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community.
         Pursuant to Article 299, this declaration is also not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Protocol by the Member States concerned on behalf of and in the interests of those territories. In accordance with the provision referred to above, this declaration indicates the competence that the Member States have transferred to the Community under the Treaties in matters governed by the Protocol. The scope and the exercise of such Community competence are, by their nature, subject to continuous development as the Community further adopts relevant rules and regulations, and the Community will complete or amend this declaration, if necessary, in accordance with Article 21(3) of the Protocol.
         The Community points out that it has competence with regard to the crossing of external borders of the Member States, regulating standards and procedures when carrying out checks on persons at such borders and rules on visas for intended stays of no more than three months. The Community is also competent for measures on immigration policy regarding conditions of entry and residence and measures to counter illegal immigration and illegal residence, including repatriation of illegal residents. Moreover, it can take measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission, in the aforementioned areas. In these fields the Community has adopted rules and regulations and, where it has done so, it is hence solely for the Community to enter into external undertakings with third States or competent international organisations.
         In addition, Community policy in the sphere of development cooperation complements policies pursued by Member States and includes provisions to prevent and combat smuggling of migrants.


title: Council Decision of 16 June 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part

text:
L 169/10        EN                Official Journal of the European Union                      30.6.2008
                                                     II
      (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)
                                            DECISIONS
                                             COUNCIL
                                       COUNCIL DECISION
                                            of 16 June 2008
                              concerning the signing and conclusion
                                     of the Interim Agreement
                                on trade and trade-related matters
                      between the European Community, of the one part,
                         and Bosnia and Herzegovina, of the other part
                                             (2008/474/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 in
conjunction with Article 300(2), first subparagraph, and Article 300(3), first sentence thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)      Pending the entry into force of the Stabilisation and Association Agreement between the
         European Communities and their Member States, of the one part, and Bosnia and
         Herzegovina, of the other part, signed in Luxembourg on 16 June 2008, it is necessary to
 ---pagebreak--- 30.6.2008         EN                 Official Journal of the European Union                   L 169/11
          approve the Interim Agreement on trade and trade-related matters between the European
          Community, of the one part, and Bosnia and Herzegovina, of the other part (hereinafter
          referred to as the Agreement).
(2)       The commercial provisions contained in the 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 Agreement should therefore be signed and approved,
HAS DECIDED AS FOLLOWS:
                                                   Article 1
The Interim Agreement on trade and trade-related matters between the European Community, of the
one part, and Bosnia and Herzegovina, of the other part, the Annexes and Protocols annexed
thereto, and the joint declaration and the declaration by the Community attached to the Final Act,
are hereby approved on behalf of the Community.
The texts referred to in the first paragraph are attached to this Decision.
 ---pagebreak--- L 169/12         EN               Official Journal of the European Union                  30.6.2008
                                                Article 2
The President of the Council is hereby authorised to designate the person(s) empowered, on behalf
of the Community, to sign the Agreement and to deposit the instrument of approval provided for in
Article 58 of the Agreement.
Done at Luxembourg, 16 June 2008.
                                               For the Council
                                               The President
                                               D. RUPEL
                                              ___________


Important legal notice

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E1998C1105(01)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 337 , 05/11/1998 P. 0006 - 0006

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (98/C 337/06)>TABLE>


Avis juridique important

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31991D0319

91/319/EEC: Council Decision of 18 June 1991 revising the programme for the improvement of the business environment and the promotion of the development of enterprises, and in particular small and medium-sized enterprises, in the Community

Official Journal L 175 , 04/07/1991 P. 0032 - 0033

COUNCIL DECISION  of 18 June 1991  revising the programme for the improvement of the business environment and the promotion of the development of enterprises, and in particular small and medium-sized enterprises, in the Community  (91/319/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parl iament (2),  Having regard to the opinion of the Economic and Social committee (3),  Whereas on 28 July 1989 the Council adopted Decision 89/490/EEC on the improvement of the business environment and the promotion of the development of enterprises, and in particular small and medium-sized enterprises, in the Community (4);  Whereas Article 7 of that Decision states that for the period 1990 to 1993 the initial amount deemed necessary is estimated at ECU 110 million, and that a further estimated amount, of ECU 25 million, may be deemed necessary for expenditure in the same  period should the Council so decide following a review of the programme;  Whereas a review of the programme has shown that it is necessary to give this policy a new dimension with a view to the completion of the internal market and other means contained in the Single European Act;  Whereas that review concerns in particular support for the activities of small and medium-sized enterprises (SMEs) in dealing with concrete economic realities and the many and growing forms of cooperation between businesses, which is a basic element in  the completion of the internal market, given the importance of SMEs not only in economic activity in general and the development of the regions but also of the role they play in terms of dynamism, productivity, adaptability and innovation;  Whereas the programme has been reinforced by specific measures to develop SMEs under the Structural Funds; whereas assessments and studies on defining the concept of small and medium-sized enterprises should be continued; whereas certain pilot schemes  should be reinforced, including projects for grouping SMEs together for various purposes; whereas the feasibility study on setting up a European monitoring centre for SMEs should confirm that this will be an instrument for facilitating the definition of  enterprise policy, on the basis, inter alia, of action concerning statistics effort and an assessment of the impact of Community measures; whereas, in order to stimulate the instruments available or to be set up to assist SMEs, specific considerations  concerning the prospects of the achievement of the internal market ought to be included in the annual evaluation report provided for in Article 6 of Decision 89/490/EEC;  Whereas this new approach, based on the ascertained efficacy of the action so far undertaken, implies a strategy for the qualitative and quantitative development of the instruments available to business and thus justifies recourse being had to the ECU  25 million deemed necessary for this purpose;  Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  In order to improve the business environment and promote the development of enterprises, and in particular small and medium-sized enterprises, the programme of assistance to SMEs is hereby revised in accordance with Article 7 of Decision  89/490/EEC.  This revision concerns in particular the expansion and increase in efficiency of the measures set out in Article 2 and in the Annex to Decision 89/490/EEC.  Article 2  For the period up to 31 December 1993, a further amount of ECU 25 million, as provided for in Article 7 of Decision 89/490/EEC, is deemed necessary in order to achieve the aims set out in Article 1.  The appropriations for implementing the programme shall be determined each year under the budgetary procedure.  Article 3  In addition to the Commission's own annual assessments, an evaluation of the results achieved from all aspects of the programme shall be conducted for the Commission by independent experts. A report, together with any comments by the  Commission, shall be submitted to the European Parliament and the Council before 1 November 1992. Done at Luxembourg, 18 June 1991. For the Council  The President  G. WOHLFART  (1) OJ No C 13, 19. 1. 1991, p. 5. (2) OJ No C 106, 22. 4. 1991, p. 95. (3) OJ No C 102, 18. 4. 1991, p. 16. (4) OJ No L 239, 16. 8. 1989, p. 33.


title: 87/461/EEC: Council Decision of 23 July 1987 concerning the provisional application of the Agreed Minute modifying the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products

text:
 5 . 9 . 87                                  Official Journal of the European Communities                               No L 255 / 177
                                                         COUNCIL DECISION
                                                             of 23 July 1987
               concerning the provisional application of the Agreed Minute modifying the Agreement between the
                   European Economic Community and the Kingdom of Thailand on trade in textile products
                                                             ( 87 / 461 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  HAS DECIDED AS FOLLOWS :
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113                                                   Article 1
thereof,
                                                                           Pending the completion of the procedures necessary for its
Having regard to the proposal from the Commission ,                        conclusion , the Agreed Minute modifying the Agreement on
                                                                           trade in textile products between the European Economic
Whereas pending the completion of the procedures necessary                 Community and the Kingdom of Thailand shall be applied
for its conclusion , the Agreement between the European                    provisionally in the Community , with effect from 1 January
Economic Community and the Kingdom of Thailand on                          1987 , provided that there is reciprocal provisional
trade in textile products , initialled on 28 June 1986 , has been          application on the part of the Kingdom of Thailand .
provisionally applied since 1 January 1987 in accordance ,
having regard to the Community , with the Council Decision                 The text of the Agreed Minute is attached to this
of 11 December 1986 ( 1 );                                                 Decision .
Whereas that Agreement provides for the possibility of
re-examining , in the light of recent trade developments ,
                                                                                Article 2
quantitative adjustments to the quotas for certain categories ,
in order to allow for classification changes with a view to the
introduction of the Harmonized System ;                                    The Commission is invited to seek the agreement of the
                                                                           Government of the Kingdom of Thailand on the provisional
Whereas , at the end of consultations between the                          application of the Agreed Minute referred to in Article 1 and
Community and the Kingdom of Thailand , an Agreed                          to notify the Council thereof.
Minute modifying the quota on category 4 products provided
for in the Agreement was initialled on 10 April 1987 ;
Whereas pending the completion of the procedures necessary                 Done at Brussels , 23 July 1987 .
for the conclusion of the Agreement and the Agreed Minute ,
the Agreed Minute should be applied provisionally , with                                                         For the Council
effect from 1 January 1987 , provided that there is a
                                                                                The President
reciprocal provisional application on the part of the
Kingdom of Thailand ,                                                                                K. E. TYGESEN
(') See page 126 of this Official Journal .