Avis juridique important

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31979D0006

79/6/EEC: Council Decision of 18 December 1978 accepting the Customs Cooperation Council recommendation of 13 June 1978 concerning the amendment of Articles XIV (a) and XVI (d) of the Convention on nomenclature for the classification of goods in customs tariffs

Official Journal L 006 , 10/01/1979 P. 0023 - 0023 Finnish special edition: Chapter 2 Volume 2 P. 0135  Greek special edition: Chapter 02 Volume 7 P. 0030  Swedish special edition: Chapter 2 Volume 2 P. 0135  Spanish special edition: Chapter 02 Volume 5 P. 0138  Portuguese special edition Chapter 02 Volume 5 P. 0138

COUNCIL DECISION  of 18 December 1978  accepting the Customs Cooperation Council recommendation of 13 June 1978 concerning the amendment of Articles XIV (a) and XVI (d) of the Convention on nomenclature for the classification of goods in customs tariffs  (79/6/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28 and 113 thereof,  Having regard to the recommendation from the Commission,  Whereas the nine Member States are Contracting Parties to the Brussels Convention of 15 December 1950 on nomenclature for the classification of goods in customs tariffs ; whereas the Common Customs Tariff is based on that nomenclature;  Whereas the Customs Cooperation Council may recommend amendments to the Convention to its Contracting Parties ; whereas on 13 June 1978 it recommended amendments to Articles XIV (a) and XVI (d) of the Convention;  Whereas, under the Convention, the Belgian Ministry of Foreign Affairs communicates the draft text of every recommended amendment to all Contracting Parties and to the Governments of all other signatory or acceding States and the text is deemed to be accepted if no objection is notified by any Contracting Party within six months from the date of communication ; whereas, if no objection is notified, the amendment enters into force six months after the expiry of that period;  Whereas the Belgian Ministry of Foreign Affairs communicated the text of the recommendation of 13 June 1978 to the Contracting Parties on 30 June 1978, to take effect from 1 July 1978 ; whereas, if no objection is notified to all or part of the text, the recommendation will be deemed to have been accepted at 31 December 1978 and will enter into force on 1 July 1979;  Whereas there is no objection to be made to any part of the recommendation,  HAS DECIDED AS FOLLOWS:    Sole Article The Customs Cooperation Council recommendation of 13 June 1978 concerning the amendment of Articles XIV (a) and XVI (d) of the Convention on nomenclature for the classification of goods in customs tariffs is hereby accepted for application as from 1 July 1979.     Done at Brussels, 18 December 1978.  For the Council  The President  H.-D. GENSCHER


title: Political and Security Committee Decision CHAD/2/2008 of 18 March 2008 on the setting-up of the Committee of Contributors for the European Union military operation in the Republic of Chad and in the Central African Republic

text:
               17.4.2008

               EN

               Official Journal of the European Union

               L 107/60

      POLITICAL AND SECURITY COMMITTEE DECISION CHAD/2/2008
   of 18 March 2008
   on the setting-up of the Committee of Contributors for the European Union military operation in the Republic of Chad and in the Central African Republic
   (2008/313/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular third subparagraph of Article 25 thereof,
   Having regard to Council Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (1) (Operation EUFOR Tchad/RCA), and in particular Article 10(5) thereof,
   Whereas:

               (1)

               Under Article 10(5) of Joint Action 2007/677/CFSP, the Council authorised the Political and Security Committee (PSC) to take relevant decisions on the setting-up of a Committee of Contributors for Operation EUFOR Tchad/RCA.

               (2)

               The European Council Conclusions of Nice of 7, 8 and 9 December 2000 and Brussels of 24 and 25 October 2002 laid down the arrangements for the participation of third States in crisis management operations and the setting-up of a Committee of Contributors.

               (3)

               The Committee of Contributors will play a key role in the day-to-day management of Operation EUFOR Tchad/RCA. It will be the main forum where contributing States collectively address questions relating to the employment of their forces in the operation. The PSC, which exercises the political control and strategic direction of the operation, will take account of the views expressed by the Committee of Contributors.

               (4)

               In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Establishment and terms of reference
   A Committee of Contributors for the European Union military operation in the Republic of Chad and in the Central African Republic (CoC) is hereby established. Its terms of reference are laid down in the European Council Conclusions of Nice and Brussels.
   Article 2
   Composition
   1.   The CoC members shall be as follows:

               —

               representatives of all Member States,

               —

               representatives of third States participating in the operation and providing significant military contributions, as referred to in the Annex.

         2.   The EU Operation Commander, the Director General of the European Union Military Staff, or their representatives and representatives of the Commission shall attend the CoC meetings.
   3.   Third persons may be invited for relevant parts of the discussion, as appropriate.
   Article 3
   Chair
   Without prejudice to the prerogatives of the Presidency, the CoC for this operation shall be chaired by the Secretary General/High Representative or his representative in close consultation with the Presidency and the Chairman of the European Union Military Committee (CEUMC) or his representative.
   Article 4
   Meetings
   1.   The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a member.
   2.   The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. A summary of the meeting shall be circulated after each meeting.
   Article 5
   Procedure
   1.   Except as provided in paragraph 3 and without prejudice to the competencies of the PSC and the responsibilities of the EU Operation Commander:

               —

               unanimity of the representatives of States contributing to the operation shall apply when the CoC takes decisions on the day-to-day management of the operation,

               —

               unanimity of the CoC members shall apply when the CoC makes recommendations on possible adjustments to operational planning, including possible adjustment to objectives.

         The abstention of a member shall not preclude unanimity.
   2.   The Chair shall establish that the majority of the representatives of States entitled to take part in the deliberations is present.
   3.   All procedural questions shall be settled by the simple majority of the members present at the meeting.
   4.   Denmark shall not take part in any decision of the Committee.
   Article 6
   Confidentiality
   1.   The Council Security Regulations shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance.
   2.   The deliberations of the CoC shall be covered by the obligation of professional secrecy, except insofar as the CoC unanimously decides otherwise.
   Article 7
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 March 2008.

            For the Political and Security Committee

            The Chairperson

         M. IPAVIC

      (1)  OJ L 279, 23.10.2007, p. 21.

      ANNEX
      List of the third State(s) referred to in Article 2(1)

                  —

                  Albania


title: Council Decision (CFSP) 2017/345 of 27 February 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               28.2.2017

               EN

               Official Journal of the European Union

               L 50/59

         COUNCIL DECISION (CFSP) 2017/345
   of 27 February 2017
   amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (1) concerning restrictive measures against the Democratic People's Republic of Korea (the ‘DPRK’) which, inter alia, implemented United Nations Security Council Resolution (‘UNSCR’) 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).

               (2)

               On 30 November 2016, the UN Security Council adopted UNSCR 2321 (2016), expressing its gravest concern at the nuclear test conducted by the DPRK on 9 September 2016 in violation of the relevant UN Security Council resolutions, further condemning the DPRK's ongoing nuclear and ballistic-missile activities in serious violation of the relevant UN Security Council resolutions, and determining that there continues to exist a clear threat to international peace and security in the region and beyond.

               (3)

               In UNSCR 2321 (2016), the UN Security Council expresses its concern that the personal luggage and checked baggage of individuals entering or departing from the DPRK may be used to transport items the supply, sale or transfer of which is prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016), and clarifies that such luggage and baggage constitute ‘cargo’ for the purposes of implementing paragraph 18 of UNSCR 2270 (2016), thereby referring to the obligation to inspect the cargo.

               (4)

               In UNSCR 2321 (2016), the UN Security Council calls upon Member States to reduce the number of staff at DPRK diplomatic missions and consular posts.

               (5)

               In UNSCR 2321 (2016), the UN Security Council expresses its concern that prohibited items may be transported to and from the DPRK by rail and by road and underscores that the obligation in paragraph 18 of UNSCR 2270 (2016) to inspect cargo within or transiting through Member States' territories includes cargo being transported by rail and by road.

               (6)

               UNSCR 2321 (2016) notes that for the purpose of its implementation and that of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), the term ‘transit’ includes, but is not limited to, the travel of individuals through a State's international airport terminals en route to a destination in another State, regardless of whether such individuals pass through customs or passport control at that airport.

               (7)

               UNSCR 2321 (2016) introduces a maximum aggregate of coal that may be imported from the DPRK, and establishes a mechanism for monitoring and verifying this. As part of this mechanism, Member States that import coal from the DPRK are called upon to periodically review the UN website to ensure that the total aggregate for imports of coal has not been reached.

               (8)

               UNSCR 2321 (2016) recalls that DPRK diplomatic agents are prohibited from practising any professional or commercial activity for personal profit in the receiving State.

               (9)

               In UNSCR 2321 (2016), the UN Security Council expresses concern that DPRK nationals are sent to work in other States for the purpose of earning hard currency that the DPRK uses for its nuclear and ballistic-missile programmes, and calls upon States to exercise vigilance over this practice.

               (10)

               In UNSCR 2321 (2016), the UN Security Council reiterates its concern that bulk cash may be used to evade measures imposed by the Security Council, and calls upon Member States to be alert to that risk.

               (11)

               UNSCR 2321 (2016) expresses the UN Security Council's commitment to a peaceful, diplomatic and political solution to the situation and reaffirms its support to the Six Party Talks and calls for their resumption.

               (12)

               UNSCR 2321 (2016) affirms that the DPRK's actions are to be kept under continuous review and that the UN Security Council is prepared to strengthen, modify, suspend or lift the measures as necessary in light of the DPRK's compliance, and that it is determined to take further significant measures in the event of a further DPRK nuclear test or launch.

               (13)

               Further action by the Union is needed in order to implement certain measures provided for in this Decision.

               (14)

               Member States should share relevant information with the other Member States to support the effective EU-wide implementation of the provisions of this Decision.

               (15)

               Decision (CFSP) 2016/849 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision (CFSP) 2016/849 is amended as follows:

               (1)

               in Article 1(1), the following points are added:

                           ‘(h)

                           certain other items, materials, equipment, goods and technology listed pursuant to paragraph 4 of UNSCR 2321 (2016);

                           (i)

                           any other item listed in the conventional arms dual-use list adopted by the Sanctions Committee pursuant to paragraph 7 of UNSCR 2321 (2016).’;

               (2)

               Article 4(1) is replaced by the following:
               ‘1.   The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of gold, titanium ore, vanadium ore, rare-earth minerals, copper, nickel, silver and zinc, shall be prohibited, whether or not originating in the territory of the DPRK.’;

               (3)

               the following Article is inserted:
               ‘Article 6a
               1.   The procurement of statues from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited, whether or not originating in the territory of the DPRK.
               2.   Paragraph 1 shall not apply where the Sanctions Committee has granted approval in advance on a case-by-case basis.
               3.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.’;

               (4)

               the following Article is inserted:
               ‘Article 6b
               1.   The direct or indirect supply, sale or transfer to the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of helicopters and vessels shall be prohibited, whether or not originating in the territories of the Member States.
               2.   Paragraph 1 shall not apply where the Sanctions Committee has granted approval in advance on a case-by-case basis.
               3.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.’;

               (5)

               Article 7 is replaced by the following:
               ‘Article 7
               1.   The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of coal, iron, and iron ore, shall be prohibited, whether or not originating in the territory of the DPRK. The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
               2.   Paragraph 1 shall not apply with respect to coal that, as confirmed by the procuring Member State on the basis of credible information, originated from outside the DPRK and was transported through the DPRK solely for export from the port of Rajin (Rason), provided that that Member State notifies the Sanctions Committee in advance and such transactions are unrelated to generating revenue for the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016) or by this Decision.
               3.   Paragraph 1 shall not apply with respect to total exports to all UN Member States of coal originating in the DPRK that in aggregate do not exceed 53 495 894 US dollars or 1 000 866 metric tons, whichever is lower, between the date of adoption of UNSCR 2321 (2016) and 31 December 2016, and to total exports to all UN Member States of coal originating in the DPRK that in aggregate do not exceed 400 870 018 US dollars or 7 500 000 metric tons per year, whichever is lower, beginning on 1 January 2017, provided that the procurements:

                           (a)

                           involve no individuals or entities that are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016), including designated individuals or entities, individuals or entities acting on their behalf or at their direction, entities owned or controlled by them, directly or indirectly, or individuals or entities assisting in the evasion of sanctions; and

                           (b)

                           are exclusively for livelihood purposes of DPRK nationals and are unrelated to generating revenue for the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016).

                     4.   A Member State that procures coal directly from the DPRK shall notify the Sanctions Committee of the aggregate amount of the volume of such procurement for each month no later than 30 days after the conclusion of that month on the form set out in Annex V to UNSCR 2321 (2016). The Member State shall also communicate the information notified in this regard to the Sanctions Committee to the other Member States and to the Commission.
               5.   Paragraph 1 shall not apply to transactions in iron and iron ore that are determined to be exclusively for livelihood purposes and unrelated to generating revenue for the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016).’;

               (6)

               Article 10 is replaced by the following:
               ‘Article 10
               1.   The provision of public or private financial support for trade with the DPRK, including the granting of export credits, guarantees or insurance, to DPRK nationals or entities involved in such trade shall be prohibited.
               2.   Paragraph 1 shall not apply if the Sanctions Committee has granted approval in advance on a case-by-case basis for the provision of financial support.’;

               (7)

               Article 14 is replaced by the following:
               ‘Article 14
               1.   The opening of branches, subsidiaries or representative offices of DPRK banks, including the Central Bank of the DPRK, its branches and subsidiaries, and of other financial entities referred to in Article 13, point 2, in the territories of Member States shall be prohibited.
               2.   Existing branches, subsidiaries and representative offices of the entities referred to in paragraph 1 in the territories of the Member States shall be closed within 90 days of the adoption of UNSCR 2270 (2016).
               3.   Unless approved in advance by the Sanctions Committee, it shall be prohibited for DPRK banks, including the Central Bank of the DPRK, its branches and subsidiaries, and for other financial entities referred to in Article 13, point 2, to:

                           (a)

                           establish new joint ventures with banks under the jurisdiction of Member States;

                           (b)

                           take an ownership interest in banks under the jurisdiction of Member States; or

                           (c)

                           establish or maintain correspondent banking relationships with banks under the jurisdiction of Member States.

                     4.   Existing joint ventures, ownership interests and correspondent banking relationships with DPRK banks shall be terminated within 90 days of the adoption of UNSCR 2270 (2016).
               5.   Financial institutions within the territories of Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries, branches or banking accounts in the DPRK.
               6.   Existing representative offices, subsidiaries or banking accounts in the DPRK shall be closed within 90 days of the adoption of UNSCR 2321 (2016).
               7.   Paragraph 6 shall not apply if the Sanctions Committee determines on a case-by-case basis that such offices, subsidiaries or accounts are required for the delivery of humanitarian assistance, the activities of diplomatic missions in the DPRK pursuant to the Vienna Conventions on Diplomatic and Consular Relations, the activities of the UN or its specialised agencies or related organisations, or any other purposes in accordance with UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016).’;

               (8)

               Article 16(6) is replaced by the following:
               ‘(6)   Member States shall take the necessary measures to seize and dispose of, such as through destruction, rendering inoperable or unusable, storage, or transferring to a State other than the originating or destination States for disposal, items the supply, sale, transfer, or export of which is prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016), that are identified in inspections, in accordance with their obligations under applicable UN Security Council resolutions, including UNSCR 1540 (2004).’;

               (9)

               the following Article is inserted:
               ‘Article 18a
               1.   A Member State that is a flag State of a vessel designated by the Sanctions Committee shall, if the Committee has so specified, de-flag the vessel.
               2.   A Member State that is the flag State of a vessel designated by the Sanctions Committee shall, if the Committee has so specified, direct the vessel to a port identified by the Committee, in coordination with the port State.
               3.   Member States shall, if the designation by the Sanctions Committee has so specified, prohibit entry into their ports of a vessel, except in case of an emergency or if the vessel is returning to the port of origin.
               4.   Member States shall, if the designation by the Sanctions Committee has so specified, make a vessel subject to an asset freeze.
               5.   Annex IV shall contain the vessels referred to in paragraphs 1 to 4 of this Article designated by the Sanctions Committee in accordance with paragraph 12 of UNSCR 2321 (2016).’;

               (10)

               Article 20 is amended as follows:

                           (a)

                           paragraph 2 is replaced by the following:
                           ‘2.   Paragraph 1 shall not apply where the Sanctions Committee grants approval in advance on a case-by-case basis.’;

                           (b)

                           paragraph 3 is deleted;

               (11)

               the following Article is inserted:
               ‘Article 20a
               The procurement of vessel or aircraft services from the DPRK shall be prohibited.’;

               (12)

               Article 21 is replaced by the following:
               ‘Article 21
               Member States shall de-register any vessel that is owned, controlled, or operated by the DPRK, and shall not register any such vessel that has been de-registered by another State pursuant to paragraph 24 of UNSCR 2321 (2016).’;

               (13)

               Article 22 is replaced by the following:
               ‘Article 22
               1.   It shall be prohibited to register vessels in the DPRK, to obtain authorisation for a vessel to use the DPRK flag, to own, lease, operate, or provide any vessel classification, certification or associated service, or to insure any vessel flagged by the DPRK.
               2.   Paragraph 1 shall not apply where the Sanctions Committee has granted approval in advance on a case-by-case basis.
               3.   The provision by nationals of Member States or from the territories of Member States of insurance or reinsurance services to vessels owned, controlled, or operated, including through illicit means, by the DPRK, shall be prohibited.
               4.   Paragraph 3 shall not apply where the Sanctions Committee determines on a case-by-case basis that the vessel is engaged in activities exclusively for livelihood purposes which will not be used by DPRK individuals or entities to generate revenue or exclusively for humanitarian purposes.’;

               (14)

               in Article 23, the following paragraph is added:
               ‘12.   Member States shall take the necessary measures to restrict the entry into or transit through their territories of members of the Government of the DPRK, officials of that Government, and members of the DPRK armed forces, if such members or officials are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016).’;

               (15)

               the following Article is inserted:
               ‘Article 24a
               1.   Where a Member State determines that an individual is working on behalf of or at the direction of a DPRK bank or financial institution, the Member State shall expel the individual from its territory for the purpose of repatriation to the individual's State of nationality, consistent with applicable law.
               2.   Paragraph 1 shall not apply where the presence of the individual is required for the fulfilment of a judicial process or exclusively for medical, safety or other humanitarian purposes, or when the Sanctions Committee has determined on a case-by-case basis that the expulsion of the individual would be contrary to the objectives of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016).’;

               (16)

               Article 30 is replaced by the following:
               ‘Article 30
               1.   Member States shall take the necessary measures to exercise vigilance and prevent specialised teaching or training of DPRK nationals, within their territories or by their nationals, in disciplines which would contribute to the DPRK's proliferation-sensitive nuclear activities and the development of nuclear-weapon delivery systems, including teaching or training in advanced physics, advanced computer simulation and related computer sciences, geospatial navigation, nuclear engineering, aerospace engineering, aeronautical engineering and related disciplines, advanced materials science, advanced chemical engineering, advanced mechanical engineering, advanced electrical engineering and advanced industrial engineering.
               2.   Member States shall suspend scientific and technical cooperation involving persons or groups officially sponsored by or representing the DPRK except for medical exchanges unless:

                           (a)

                           in the case of scientific or technical cooperation in the fields of nuclear science and technology, aerospace and aeronautical engineering and technology, or advanced manufacturing production techniques and methods, the Sanctions Committee has determined on a case-by-case basis that a particular activity will not contribute to the DPRK's proliferation sensitive nuclear activities or ballistic-missile-related programmes; or

                           (b)

                           in the case of all other scientific or technical cooperation, the Member State engaging in scientific or technical cooperation determines that the particular activity will not contribute to the DPRK's proliferation sensitive nuclear activities or ballistic-missile-related programmes and notifies the Sanctions Committee in advance of such determination.’;

               (17)

               the following Article is inserted:
               ‘Article 31a
               It shall be prohibited for a DPRK diplomatic mission or consular post, and their DPRK members, to own or control banking accounts in the Union, except for one account in the Member State or Member States in which the mission or post is hosted or to which their members are accredited.’;

               (18)

               the following Article is inserted:
               ‘Article 31b
               1.   It shall be prohibited for real property to be leased or otherwise be made available to the DPRK, or for it to be used by or for the benefit of the DPRK, for any purpose other than diplomatic or consular activities.
               2.   It shall also be prohibited to lease from the DPRK real property which is situated outside the territory of the DPRK.’;

               (19)

               Article 33(1) is replaced by the following:
               ‘1.   The Council shall implement modifications to Annexes I and IV on the basis of determinations made by the Security Council or by the Sanctions Committee.’;

               (20)

               the following Article is inserted:
               ‘Article 36a
               By way of derogation from the measures imposed by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016), provided that the Sanctions Committee has determined that an exemption is necessary to facilitate the work of international and non-governmental organisations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population in the DPRK, the competent authority of a Member State shall grant the necessary authorisation.’;

               (21)

               Annex IV as set out in the Annex to this Decision is added.

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

      Done at Brussels, 27 February 2017.

            For the Council

            The President

         K. MIZZI

      (1)  Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79).

      ANNEX

            ‘ANNEX IV
            List of vessels referred to in Article 18a’


Avis juridique important

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32004D0055

2004/55/EC: Decision of the European Parliament and of the Council of 22 December 2003 appointing the independent supervisory body provided for in Article 286 of the EC Treaty (European Data Protection Supervisor)

Official Journal L 012 , 17/01/2004 P. 0047 - 0047

Decision of the European Parliament and of the Councilof 22 December 2003appointing the independent supervisory body provided for in Article 286 of the EC Treaty(European Data Protection Supervisor)(2004/55/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 286 thereof,Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(1), and in particular Article 42 thereof,Having regard to the proposal of a list of candidates drawn up by the Commission on 22 April 2003, in accordance with Article 42(1) of Regulation (EC) No 45/2001, following a public call for candidates, with a view to the appointment of the European Data Protection Supervisor and the Assistant Supervisor,Whereas:Article 42 of Regulation (EC) No 45/2001 provides that the European Parliament and the Council shall appoint by common accord the European Data Protection Supervisor and the Assistant Supervisor, for a term of five years,HAVE DECIDED AS FOLLOWS:Article 1The following are appointed for a term of five years, with effect from the date of publication of this Decision:- European Data Protection Supervisor: Mr Peter Johan HUSTINX,- Assistant Supervisor: Mr Joaquin BAYO DELGADO.Article 2This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 22 December 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentA. Matteoli(1) OJ L 8, 12.1.2001, p. 1.


Avis juridique important

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31984D0649

84/649/EEC: Commission Decision of 21 December 1984 accepting an undertaking given in connection with the anti-dumping investigation concerning imports of oxalic acid originating in Brazil and terminating the investigation as regards the exporter concerned

Official Journal L 340 , 28/12/1984 P. 0080 - 0081

*****COMMISSION  DECISION  of 21 December 1984  accepting an undertaking given in connection with the anti-dumping investigation concerning imports of oxalic acid originating in Brazil and terminating the investigation as regards the exporter concerned  (84/649/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas,  A. Provisional action  (1) The Commission, by Regulation (EEC) No 2553/84 (2), imposed a provisional anti-dumping duty on imports of oxalic acid originating in Brazil. By the same Regulation an undertaking offered by the German Democratic Republic exporter was accepted by the Commission and the proceeding as it concerned Spain was terminated.  B. Subsequent procedure  (2) Following the imposition of the provisional anti-dumping duty, only one Brazilian exporter concerned made written submissions making known its views on the duty.  This exporter also requested to be informed of certain facts and essential considerations on the basis of which the Commission intended to recommend definitive action, and this request was granted.  C. Dumping  (3) No new evidence on dumping has been received since the imposition of the provisional duty and the Commission, therefore, considers its findings on dumping as set out in Regulation (EEC) No 2553/84 to be definitive.  D. Injury  (4) Although this Brazilian exporter alleged that the Community industry was not being injured by the dumped imports, no fresh evidence regarding injury to the Community industry has been submitted.  The Commission has therefore confirmed the conclusions on injury reached in Regulation (EEC) No 2553/84.  (5) In the Commission's view, therefore, the facts as finally determined show that the injury being caused by dumped imports of oxalic acid originating in Brazil, taken in isolation from that caused by other factors, has to be considered as material.  E. Community interest  (6) No new information has been submitted regarding Community interests subsequent to the imposition of the provisional duty and the Commission's conclusions on Community interest in Regulation (EEC) No 2553/84 therefore remain unchanged.  In these circumstances, protection of the Community's interest calls for the imposition of a definitive anti-dumping duty on imports of oxalic acid originating in Brazil.  F. Undertaking  (7) The exporter was informed of the main findings of the preliminary investigation and commented on them. An undertaking was subsequently offered by this exporter concerning its exports of oxalic acid to the Community.  The effect of the said undertaking will be to increase export prices to the Community to the level which the Commission, having taken into account the selling price necessary to provide an adequate return to Community producers, the purchase price of the Community importers and their costs and profit margin and the prices of non-dumped imports of the product concerned in the Community considered necessary to eliminate  injury caused by the dumped imports. This increase in no case exceeds the dumping margins found in the investigation.  (8) In these circumstances, the undertaking offered is considered acceptable and the investigation may, therefore, be terminated without imposition of a definitive anti-dumping duty, as far as this exporter is concerned.  No objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking given by Industrias Quimicas e Explosivos SA, Lorena, Brazil, in connection with the anti-dumping investigation concerning imports of oxalic acid falling within Common Customs Tariff subheading ex 29.15 A 1, corresponding to NIMEXE code ex 29.15-11, originating in Brazil is hereby accepted.  Article 2  The anti-dumping investigation referred to in Article 1 is hereby terminated, as it concerns Industrias Quimicas e Explosivos SA.  Done at Brussels, 21 December 1984.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 239, 7. 9. 1984, p. 8.


title: 2013/180/EU: Council Decision of 22 April 2013 appointing the members of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice of the European Union

text:
                  23.4.2013

                  EN

                  Official Journal of the European Union

                  L 111/48

         COUNCIL DECISION
         of 22 April 2013
         appointing the members of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice of the European Union
         (2013/180/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to the Treaty establishing the European Atomic Energy Community, in particular Article 106a(1) thereof,
         Having regard to the Protocol on the Statute of the Court of Justice of the European Union, and in particular Article 3(3) of Annex I thereto,
         Having regard to Council Decision 2005/49/EC, Euratom of 18 January 2005 concerning the operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice (1), and in particular point 3 of the Annex to that Decision,
         Having regard to the recommendation of the President of the Court of Justice of 13 December 2012,
         Whereas:

                     (1)

                     Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice of the European Union provides for the setting up of a committee comprising seven persons chosen from among former members of the Court of Justice and the General Court and lawyers of recognised competence. By virtue of Article 3(3), the committee's membership is determined by the Council, acting by a qualified majority on a recommendation by the President of the Court of Justice.

                     (2)

                     Point 3 of the Annex to Council Decision 2005/49/EC, Euratom provides that the Council is to nominate the president of that committee.

                     (3)

                     These provisions should be applied,

               HAS ADOPTED THIS DECISION:

            Article 1
            For a period of four years from 10 November 2012, the following shall be appointed members of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice of the European Union:

                        Ms Pernilla LINDH, President

                        Mr Pranas KŪRIS

                        Mr Ján MAZÁK

                        Mr Jörg PIRRUNG

                        Mr Mihalis VILARAS

                        Mr Roel BEKKER

                        Ms Elena Simina TĂNĂSESCU.

            Article 2
            This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

            Done at Luxembourg, 22 April 2013.

                  For the Council

                  The President

               E. GILMORE

            (1)  OJ L 21, 25.1.2005, p. 13.


title: 2009/488/EC,Euratom: Commission Decision of 11 June 2009 on the conclusion of a Memorandum of Understanding between the European Commission and the European Organization for Nuclear Research (CERN) (Text with EEA relevance)

text:
               24.6.2009

               EN

               Official Journal of the European Union

               L 161/13

         COMMISSION DECISION
   of 11 June 2009
   on the conclusion of a Memorandum of Understanding between the European Commission and the European Organization for Nuclear Research (CERN)
   (Text with EEA relevance)
   (2009/488/EC, Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               An Administrative Arrangement between the European Community and the European Organization for Nuclear Research (CERN) was signed on 10 October 1994.

               (2)

               Exploratory discussions emphasised the appropriateness for the Commission to reinforce and upgrade cooperation with CERN in view of the recent developments with regard to the European Research Area (ERA).

               (3)

               A new arrangement in the form of a Memorandum of Understanding has been accordingly drafted to cover issues such as reinforced cooperation through joint activities to consolidate and further develop ERA and implement and follow up the European Strategy for Particle Physics, as well as consultations and exchange of information on issues of mutual interest, in particular in relation to the consolidation and further development of the European Research Area and to the European Strategy for Particle Physics, including for the latter, related contacts with CERN non-Member States.

               (4)

               A standing entitlement is granted to the Commission to attend the European Strategy Sessions of the CERN Council and take the floor at these sessions, while the observer status granted in 1985 to the European Communities at the CERN Council is maintained (1).

               (5)

               No financial implications or legal obligations incur from the present Memorandum of Understanding,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Memorandum of Understanding in annex between the European Commission and the European Organization for Nuclear Research (CERN) is approved. Accordingly, it will replace the Administrative Arrangement of 10 October 1994.
   Article 2
   The Commissioner for Science and Research Janez Potočnik signs the Memorandum of Understanding between the European Commission and the European Organization for Nuclear Research on behalf of the Commission.

      Done at Brussels, 11 June 2009.

            For the Commission

         Janez POTOČNIK

            Member of the Commission

      (1)  CERN Council Decision of 27/28 June 1985.
   ANNEX

      MEMORANDUM OF UNDERSTANDING
      between the European Commission and the European Organization for Nuclear Research
      The European Commission, hereinafter referred as ‘the Commission’, and the European Organization for Nuclear Research, an Intergovernmental Organisation whose seat is at Geneva, Switzerland, hereinafter referred as ‘CERN’ (jointly hereinafter referred as ‘the two Sides’),
      CONSIDERING

                  —

                  The Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community whereby cooperation in the field of research, technological development and demonstration with third countries and international organisations is promoted,

                  —

                  The Convention for the Establishment of a European Organization for Nuclear Research dated 1 July 1953, as revised on 18 January 1971, hereinafter referred as ‘the Convention’, and in particular Article II through which the signatories of the Convention have entrusted collaboration among European States in fundamental research in particle physics, as the branch of physics that addresses the fundamental constituents of matter and the forces that act on them, including through international cooperation, to CERN,

                  —

                  The Framework Programmes of the European Community for research, technological development and demonstration activities,

                  —

                  The 2007 Green Paper on new perspectives for the European Research Area (ERA) (1), which calls for greater cooperation and strengthened partnership with intergovernmental research organisations such as CERN (2), notably as regards research programming, training and mobility of researchers, research infrastructures, intellectual property and international cooperation,

                  —

                  The European Strategy for Particle Physics adopted unanimously on 14 July 2006:

                              —

                              by which the CERN Council (3) defines, updates and follows up the European research strategy for both accelerator as well as non-accelerator-based Particle Physics, which includes the representation of the CERN Member States in discussions with other countries and world regions regarding, inter alia, Research Infrastructures for Particle Physics,

                              —

                              and which acknowledges the need to strengthen relations between CERN and the European Union on issues related to the aforementioned Strategy,

                  —

                  The new organisational structures approved by the CERN Council in September 2007 and March 2008 for defining, updating and following-up the European Strategy (CERN/2732/rev and CERN/2779) which include dedicated ‘European Strategy Sessions’ of the CERN Council,

            RECOGNISING
      The respective responsibilities of the two Sides in the aforementioned areas which are mutually reinforcing,
      HAVE DECIDED AS FOLLOWS:

                  1.

                  The two Sides intend to cooperate, with due regard to their respective competences, to consolidate and further develop the European Research Area, notably concerning research programming, training and mobility of researchers, research infrastructures, management of intellectual property and international collaboration. For this purpose, they may develop joint activities.

                  2.

                  The two Sides intend to cooperate, with due regard to their respective competences, in the following up and the implementation of the European Strategy for Particle Physics. For this purpose, they may develop joint activities.

                  3.

                  With due regard to their respective competences, institutional settings and operational frameworks, the two Sides will inform and consult each other, as appropriate, on issues of mutual interest, in particular in relation to the consolidation and further development of the European Research Area and to the European Strategy for Particle Physics, including, for the latter, related contacts with CERN non-Member States.

                  4.

                  Subject to its own procedures, the CERN Council will grant the Commission standing entitlement to attend its European Strategy Sessions and take the floor at these sessions.

                  5.

                  The observer status granted in 1985 to the European Communities at the CERN Council is maintained (4).

                  6.

                  The Commission will grant CERN the right to propose candidates for membership of relevant expert and advisory bodies. These experts will be nominated by the Commission subject to its own rules and procedures.

                  7.

                  The two Sides will establish contact points and mechanisms for communication to reach the aim foreseen by the present Memorandum of Understanding.

                  8.

                  The two Sides will meet annually to take stock of progress and possibly discuss further ways to enhance mutual collaboration, including joint activities, or explore potential synergies.

                  9.

                  The two Sides will agree on the questions related to the interpretation and implementation of the present Memorandum of Understanding.

                  10.

                  The Administrative Arrangement of 10 October 1994 is replaced by the present Memorandum of Understanding.

         Done in duplicate at Brussels, 17 June 2009.

               For CERN

            Torsten ÅKESSON

               President of the CERN Council

            Rolf-Dieter HEUER

               Director-General of the CERN

               For the Commission

            Janez POTOČNIK

               Member of the Commission

      (1)  ‘The Green Paper on the European Research Area’ refers to the Commission Green Paper ‘European Research Area: New Perspectives’, adopted on 4 April 2007 (COM(2007) 161 final).

      (2)  An Administrative Agreement was signed by the Commission and CERN on 10 October 1994.

      (3)  The CERN Council is the decision-making body of CERN, which determines the organisation's policy in scientific, technical and administrative matters (Article V of the Convention).

      (4)  An Observer Status was granted to the European Communities at the CERN Council by decision taken by the latter on 27/28 June 1985.


Avis juridique important

|

32000D0468

2000/468/EC: European Parliament Decision of 13 April 2000 on granting discharge to the Commission in respect of the implementation of the budget of the European Coal and Steel Community (ECSC) for the 1998 financial year

Official Journal 040 , 07/02/2001 P. 0392 - 0393

European Parliament Decisionof 13 April 2000on granting discharge to the Commission in respect of the implementation of the budget of the European Coal and Steel Community (ECSC) for the 1998 financial year(2000/468/EC)THE EUROPEAN PARLIAMENT,Having regard to the report of the European Court of Auditors on the financial statements of the European Coal and Steel Community at 31 December 1998(1),Having regard to the Court of Auditor's Annual Report on the ECSC for the financial year 1998 (including the statement of assurance concerning the ECSC), together with the Commission's reply (C5-0153/2000)(2),Having regard to the special report of the Court of Auditors on the management and control of interest-rate subsidies by the Commission with the Commission's replies(3),Having regard to the ECSC Treaty, and in particular Article 78g thereof,Having regard to Rule 93 and Annex V to its Rules of Procedure,Having regard to the report of the Committee on Budgetary Control (A5-0092/2000),1. Proposes granting discharge to the Commission in respect of management of the ECSC for the 1998 financial year, but requires the following reports to be submitted before 15 August 2000:(a) a report by OLAF on the follow-up to allegations of fraud communicated in November 1998 to the Commission and transmitted to the Guardia di Finanza in Italy in October 1999;(b) an evaluation report by the Commission on buildings acquired with ECSC funds, including criteria used and explanations as to why and how buildings were acquired and disposed of;(c) an evaluation report by the Commission on loans granted to officials from ECSC funds, including criteria used and explanations as to who decided on the granting of loans and the category and nationality of officials who benefited from loans.2. Instructs its President to forward this decision and the resolution containing its comments to the Commission, the Council, the Court of Auditors, the ECSC Consultative Committee and each of the other institutions and to have them published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ C 240, 25.8.1999, p. 24.(2) OJ C 338, 25.11.1999.(3) OJ C 217, 29.7.1999.


title: 2010/464/CFSP: Council Decision 2010/464/CFSP of 6 August 2010 on the signing and conclusion of the Agreement between the European Union and the Republic of Uganda on the Status of the European Union-led Mission in Uganda

text:
               24.8.2010

               EN

               Official Journal of the European Union

               L 221/1

         COUNCIL DECISION 2010/464/CFSP
   of 6 August 2010
   on the signing and conclusion of the Agreement between the European Union and the Republic of Uganda on the Status of the European Union-led Mission in Uganda
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union (hereinafter referred to as ‘TEU’), in particular Article 37 thereof, and the Treaty on the Functioning of the European Union (hereinafter referred to as ‘TFEU’), in particular Article 218(5) and the first subparagraph of Article 218(6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter referred to as ‘HR’),
   Whereas:

               (1)

               On 15 February 2010, the Council adopted Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (1) (EUTM Somalia).

               (2)

               Article 9 of that Decision provides that the status of the EU-led units and personnel, including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, may be the subject of an agreement concluded pursuant to Article 37 of the TEU and in accordance with the procedure laid down in Article 218(3) of the TFEU.

               (3)

               Following authorisation by the Council on 11 March 2010, the HR, assisted by the General Secretariat of the Council, negotiated an Agreement between the European Union and the Republic of Uganda on the Status of the European Union-led Mission in Uganda (hereinafter referred to as ‘the Agreement’).

               (4)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Uganda on the Status of the European Union-led Mission in Uganda is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 August 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 44, 19.2.2010, p. 16.
    ---documentbreak---

               24.8.2010

               EN

               Official Journal of the European Union

               L 221/2

         AGREEMENT
   between the European Union and the Republic of Uganda on the Status of the European Union-led Mission in Uganda
   THE EUROPEAN UNION,
   hereinafter referred to as ‘the Union’,
   of the one part, and
   THE REPUBLIC OF UGANDA,
   hereinafter referred to as ‘the Host State’,
   of the other part,
   together hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:
   that in its Resolution 1897 (2009) on the situation in Somalia, adopted on 30 November 2009, the United Nations Security Council (UNSC) recalled its previous Resolutions in support of Somalia and reaffirmed its respect for the sovereignty, territorial integrity, political independence and unity of Somalia,
   that the UNSC further emphasised that Somalia’s long-term security rests with the effective development by the Transitional Federal Government (TFG) of the National Security Force and Somali Police Force, in the framework of the Djibouti Agreement and in line with a national security strategy,
   the letter dated 5 January 2010, by which the Minister of Defence of the Host State welcomed the Union’s envisaged mission in support of the Somali security sector and invited the Union to participate in the training of Somali security forces in the Host State for a period of at least one year,
   Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (1),
   that this mission is a non-executive mission which does not entail the right to take coercive measures independently from the consent of the Host State,
   that this Agreement will not affect the Parties’ rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   This Agreement shall apply to the European Union-led Mission in Uganda (hereinafter referred to as ‘EUTM Somalia’) and to its personnel.
   2.   This Agreement shall apply only within the territory of the Host State.
   3.   For the purpose of this Agreement:

               (a)

               ‘EUTM Somalia’ shall mean EU mission headquarters and national contingents contributing to the mission, their equipment and their means of transport;

               (b)

               ‘mission’ shall mean the preparation, establishment, execution and support of EUTM Somalia;

               (c)

               ‘EU Mission Commander’ shall mean the Commander in the theatre;

               (d)

               ‘EU mission headquarters’ shall mean the military headquarters and elements thereof, whatever their location, under the authority of EU military commanders exercising the military command or control of the mission;

               (e)

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

               (f)

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

               (g)

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

               (h)

               ‘facilities’ shall mean all premises, accommodation and land areas required for EUTM Somalia and EUTM Somalia personnel;

               (i)

               ‘Sending State’ shall mean a State providing a national contingent for EUTM Somalia, including Member States of the Union and third States participating in the mission;

               (j)

               ‘Host State’ shall mean the Republic of Uganda;

               (k)

               ‘official correspondence’ shall mean all correspondence relating to the mission and its functions.

         Article 2
   General provisions
   1.   EUTM Somalia and EUTM Somalia personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the mission.
   2.   EUTM Somalia shall regularly inform the government of the Host State of the number of EUTM Somalia personnel stationed within the Host State’s territory.
   Article 3
   Identification
   1.   EUTM Somalia personnel shall carry passports or military identity cards with them at all times.
   2.   EUTM Somalia vehicles, aircraft and other means of transport shall carry distinctive EUTM Somalia identification markings and/or registration plates, of which the relevant Host State authorities shall be notified.
   3.   EUTM Somalia shall have the right to display the flag of the Union and markings such as military insignia, titles and official symbols, on its facilities, vehicles and other means of transport. The uniforms of EUTM Somalia personnel shall carry a distinctive EUTM Somalia emblem. National flags or insignia of the constituent national contingents of the mission may be displayed on the EUTM Somalia facilities, vehicles and other means of transport and uniforms, as decided by the EU Mission Commander.
   Article 4
   Border crossing and movement within the Host State’s territory
   1.   EUTM Somalia personnel shall enter the Host State’s territory only on presentation of the documents provided for in Article 3(1) or, in the case of first entry, of an individual or collective movement order issued by EUTM Somalia. They shall be exempt from visa regulations, and the Host State shall facilitate EUTM Somalia personnel with immigration inspections and customs control requirements, on entering, leaving or within the Host State’s territory.
   2.   EUTM Somalia personnel shall be exempt from the Host State’s regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory.
   3.   The Host State shall be provided, for information purposes, with a general list of EUTM Somalia equipment entering its territory. This equipment shall carry EUTM Somalia identification markings. The procedure hereof shall be sufficient to satisfy all customs and inspection requirements.
   4.   EUTM Somalia personnel may drive motor vehicles and operate aircrafts within the Host State’s territory provided they have valid national, international or military driving licences or pilot licences, as appropriate.
   5.   For the purpose of the mission, the Host State shall grant EUTM Somalia and EUTM Somalia personnel freedom of movement and freedom to travel within its territory, including its air space.
   6.   For the purpose of the mission, EUTM Somalia and the means of transport that it charters may use public roads, bridges, ferries and airports without the payment of duties, fees, tolls, taxes and similar charges. EUTM Somalia shall not be exempt from reasonable charges for services requested and received, under the conditions that apply to those provided to the Host State’s armed forces.
   Article 5
   Privileges and immunities of EUTM Somalia granted by the Host State
   1.   EUTM Somalia’s facilities shall be inviolable. The Host State’s agents shall not enter them without the consent of the EU Mission Commander.
   2.   EUTM Somalia’s facilities, their furnishings and other assets therein as well as its means of transport shall be immune from search, requisition, attachment or execution.
   3.   EUTM Somalia, its property and assets, wherever located and by whomsoever held as duly authorised by EUTM Somalia, shall enjoy immunity from every form of legal process.
   4.   EUTM Somalia’s archives and documents shall be inviolable at any time, wherever they may be.
   5.   The official correspondence of EUTM Somalia shall be inviolable.
   6.   In respect of purchased and imported goods, services provided and facilities used by EUTM Somalia for the purposes of the mission, EUTM Somalia shall be exempt from all taxes and charges of a similar nature in the Host State. EUTM Somalia providers or contractors shall also be exempted from those taxes and charges of a similar nature concerning goods, services and facilities provided by them to EUTM Somalia. EUTM Somalia shall not be exempt from dues, taxes or charges that represent payment for services requested and rendered.
   7.   The Host State shall permit the entry and exit of articles for the mission and grant them exemption from all custom duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services requested and rendered.
   Article 6
   Privileges and immunities of EUTM Somalia personnel granted by the Host State
   1.   EUTM Somalia personnel shall not be liable to any form of arrest or detention.
   2.   Papers, correspondence and property of EUTM Somalia personnel shall enjoy inviolability, except in case of measures of execution which are permitted pursuant to paragraph 6.
   3.   EUTM Somalia personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances.
   The immunity from criminal jurisdiction of EUTM Somalia personnel may be waived by the Sending State or the institution of the Union concerned, as the case may be. Such waiver shall always be in writing.
   The immunity of EUTM Somalia personnel from the jurisdiction of the Host State shall not exempt them from the jurisdiction of the respective Sending State. In the event of an allegation of a criminal offence being committed by EUTM Somalia personnel, the Sending State shall inform the Host State of the outcome of such judicial procedure as it undertakes in connection with the alleged criminal offence.
   4.   EUTM Somalia personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of words spoken or written and all acts performed by them in the exercise of official functions. If any civil proceedings are instituted against EUTM Somalia personnel before any Host State court, the EU Mission Commander and the competent authority of the Sending State or the institution of the Union shall be notified immediately. Prior to initiation of civil proceedings before the court, the EU Mission Commander and the competent authority of the Sending State or the institution of the Union shall certify to the court whether the act in question was committed by EUTM Somalia personnel in the exercise of official functions.
   If the act was committed in the exercise of official functions, civil proceedings shall not be initiated and the provisions of Article 15 shall apply. If the act was not committed in the exercise of official functions, civil proceedings may continue. The certification by the EU Mission Commander and the competent authority of the Sending State or the institution of the Union shall be binding upon the jurisdiction of the Host State which may not contest it.
   The initiation of civil proceedings by EUTM Somalia personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
   5.   EUTM Somalia personnel shall not be obliged to give evidence as witnesses.
   EUTM Somalia and the Sending State may produce statements of witnesses or affidavits by EUTM Somalia personnel about criminal acts witnessed in the context of training Somali security forces in Uganda.
   6.   No measures of execution may be taken in respect of EUTM Somalia personnel, except in the case where civil proceedings not related to official functions are instituted against them. Property of EUTM Somalia personnel, which is certified by the EU Mission Commander to be necessary for the fulfilment of official functions, shall be free from seizure for the satisfaction of a judgement, decision or order. In civil proceedings, EUTM Somalia personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   7.   EUTM Somalia personnel shall with respect to services rendered for EUTM Somalia be exempt from social security provisions which may be in force in the Host State.
   8.   EUTM Somalia personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUTM Somalia or the Sending States, as well as on any income received from outside the Host State.
   9.   The Host State shall, in accordance with such laws and regulations as it may adopt, permit entry of, and grant exemption from, all customs duties, indirect and direct taxes, excise duties, and related charges other than charges for storage, cartage and similar services, on articles for the personal use of EUTM Somalia personnel.
   Any inspection of personal baggage of EUTM Somalia personnel shall be conducted only in the presence of the EUTM Somalia personnel concerned or of an authorised representative of EUTM Somalia.
   Article 7
   Personnel employed locally
   Personnel employed locally shall enjoy privileges and immunities only to the extent admitted by the Host State. However, the Host State shall exercise its jurisdiction over that personnel in such a manner as not to interfere unduly with the performance of the functions of the mission.
   Article 8
   Criminal jurisdiction
   The competent authorities of a Sending State shall have the right to exercise on the territory of the Host State all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all EUTM Somalia personnel subject to the relevant law of the Sending State.
   Article 9
   Uniform and arms
   1.   The wearing of uniform shall be subject to rules adopted by the EU Mission Commander.
   2.   EUTM Somalia military personnel may carry arms and ammunition on condition that they are authorised to do so by their orders which shall be communicated to the Host State.
   Article 10
   Host State support and contracting
   1.   The Host State agrees, if requested, to assist EUTM Somalia in finding suitable facilities.
   2.   The Host State shall provide, free of charge, facilities of which it is the owner, in so far as such facilities are requested for the conduct of administrative and operational activities of EUTM Somalia.
   3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment, and execution of, and support for, the mission. The Host State’s assistance and support of the mission shall be provided under the same conditions as the assistance and support given to the Host State’s armed forces.
   4.   The law applicable to contracts concluded by EUTM Somalia in the Host State shall be determined by the contract.
   5.   The contract may stipulate that the dispute settlement procedure referred to in Article 15(3) and (4) shall be applicable to disputes arising from the application of the contract.
   6.   The Host State shall facilitate the implementation of contracts concluded by EUTM Somalia with commercial entities for the purposes of the mission.
   Article 11
   Change to facilities
   1.   EUTM Somalia shall be authorised to construct, alter or otherwise modify facilities as requested for its operational requirements.
   2.   No compensation shall be requested from EUTM Somalia by the Host State for those constructions, alterations or modifications.
   3.   Prior to the withdrawal of EUTM Somalia, where appropriate, the EU Mission Commander will enter into negotiations on an arrangement in application of Article 18 with a view to seeking reasonable residual value for fixed and/or moveable facilities provided or improved with EUTM Somalia funds that will remain after withdrawal of EUTM Somalia. If EUTM Somalia is taken over by a successor mission, the Host State shall make the facilities available to this successor mission free of charge.
   Article 12
   Deceased EUTM Somalia personnel
   1.   The EU Mission Commander shall have the right to take charge of, and make suitable arrangements for, the repatriation of any deceased EUTM Somalia personnel, as well as that of their personal property.
   2.   No autopsy shall be performed on any deceased EUTM Somalia personnel without the agreement of the State of nationality of the deceased person concerned and the presence of a representative of EUTM Somalia and/or the State of nationality of the deceased person concerned.
   3.   The Host State and EUTM Somalia shall cooperate to the fullest extent possible with a view to early repatriation of deceased EUTM Somalia personnel.
   Article 13
   Security of EUTM Somalia and military police
   1.   The Host State shall take all appropriate measures to ensure the safety and security of EUTM Somalia and its personnel, including those necessary to protect its facilities against any external attack or intrusion.
   2.   The EU Mission Commander may establish a military police unit in order to maintain order in EUTM Somalia facilities.
   3.   The military police unit may also, in consultation and cooperation with the military police or the police of the Host State, act outside EUTM Somalia facilities to ensure the maintenance of good order and discipline among EUTM Somalia personnel.
   Article 14
   Communications
   1.   EUTM Somalia may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum free of charge.
   2.   EUTM Somalia shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUTM Somalia facilities, including the laying of cables and land lines for the purpose of the mission.
   3.   Within its own facilities EUTM Somalia may make the arrangements necessary for the conveyance of mail addressed to and from EUTM Somalia and/or EUTM Somalia personnel.
   Article 15
   Claims for death, injury, damage and loss
   1.   EUTM Somalia and EUTM Somalia personnel shall not be liable for any damage to or loss of civilian or government property which are related to operational necessities or caused by activities in connection with civil disturbances or protection of EUTM Somalia.
   2.   With a view to reaching an amicable settlement, claims for damage to or loss of civilian or government property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EUTM Somalia property, shall be forwarded to EUTM Somalia via the competent authorities of the Host State, as far as claims brought by legal or natural persons from the Host State are concerned, or to the competent authorities of the Host State, as far as claims brought by EUTM Somalia are concerned.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUTM Somalia and representatives of the Host State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall:

               (a)

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

               (b)

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

         5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EUTM Somalia and the third one being appointed jointly by the Host State and EUTM Somalia. Where one of the Parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUTM Somalia on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Union.
   6.   An administrative arrangement shall be concluded between EUTM Somalia and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the arbitration tribunal, the procedure applicable within those bodies and the conditions under which claims are to be lodged.
   Article 16
   Liaison and disputes
   1.   All issues arising out of, or in connection with, the application of this Agreement shall be examined jointly by representatives of EUTM Somalia and of the Host State’s competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the representatives of the Host State and of the Union.
   Article 17
   Other provisions
   1.   Whenever this Agreement refers to the privileges, immunities and rights of EUTM Somalia and of EUTM Somalia personnel, the Government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State local authorities.
   2.   Nothing in this Agreement is intended or may be construed as to derogate from any rights that may attach to a Member State of the Union or to any other State contributing to EUTM Somalia under other agreements.
   Article 18
   Implementing arrangements
   For purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the EU Mission Commander and the Host State’s administrative authorities.
   Article 19
   Entry into force and termination
   1.   This Agreement shall enter into force on the day on which it is signed and shall remain in force until the date of departure of the last EUTM Somalia element and of the last EUTM Somalia personnel, as notified by EUTM Somalia.
   2.   Notwithstanding paragraph 1, the provisions contained in Articles 4(6), 5(1) to (3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(7) to (9), 10(2), 11 and 15 shall be deemed to have applied from the date on which the first EUTM Somalia personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
   3.   This Agreement may be amended by written agreement between the Parties.
   4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at Kampala, in duplicate, in the English language, this 12th day of August 2010.

            For the European Union

         Vincent DE VISSCHER

            For the Republic of Uganda

         Crispus KIYONGA

      (1)  OJ L 44, 19.2.2010, p. 16.


title: 2011/219/EU: Council Decision of 31 March 2011 amending and extending the period of application of Decision 2007/641/EC on the conclusion of consultations with the Republic of Fiji pursuant to Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument

text:
               7.4.2011

               EN

               Official Journal of the European Union

               L 93/2

         COUNCIL DECISION
   of 31 March 2011
   amending and extending the period of application of Decision 2007/641/EC on the conclusion of consultations with the Republic of Fiji pursuant to Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument
   (2011/219/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) as last amended in Ouagadougou, Burkina Faso, on 22 June 2010 (2) (the ‘ACP-EU Partnership Agreement’), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (4) (the ‘Development Cooperation Instrument’), and in particular Article 37 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Council Decision 2007/641/EC (5) concluding consultations with the Republic of Fiji pursuant to Article 96 of the ACP-EU Partnership Agreement and Article 37 of the Development Cooperation Instrument was adopted to implement appropriate measures following the violation of the essential elements referred to in Article 9 of the ACP-EU Partnership Agreement, and the values referred to in Article 3 of the Development Cooperation Instrument.

               (2)

               Those measures have been extended by Council Decision 2009/735/EC (6), and subsequently by Council Decisions 2010/208/EU (7) and 2010/589/EU (8) since not only are important commitments agreed by Fiji in consultations held in April 2007 concerning essential elements of the ACP-EU Partnership Agreement and the Development Cooperation Instrument yet to be implemented by Fiji, but there have also been important regressive developments concerning a number of these commitments.

               (3)

               Decision 2007/641/EC expires on 31 March 2011. It is appropriate to extend its validity, and to update the appropriate measures contained therein accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2007/641/EC is hereby amended as follows:

               1.

               in Article 3, the second paragraph is replaced by the following:
               ‘It shall expire on 30 September 2011. It shall be reviewed regularly at least once every 6 months.’;

               2.

               the Annex is replaced by the Annex to this Decision.

         Article 2
   The letter in the Annex to this Decision shall be addressed to the Republic of Fiji.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 31 March 2011.

            For the Council

            The President

         VÖLNER P.

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 4.11.2010, p. 3.

      (3)  OJ L 317, 15.12.2000, p. 376.

      (4)  OJ L 378, 27.12.2006, p. 41.

      (5)  OJ L 260, 5.10.2007, p. 15.

      (6)  OJ L 262, 6.10.2009, p. 43.

      (7)  OJ L 89, 9.4.2010, p. 7.

      (8)  OJ L 260, 2.10.2010, p. 10.

      ANNEX
      H.E. Ratu Epeli NAILATIKAU
      President of the Republic of Fiji
      Suva
      Republic of Fiji
      Excellency,
      The European Union (EU) attaches great importance to the provisions of Article 9 of the ACP-EU Partnership Agreement and Article 3 of the Development Cooperation Instrument. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law, which form the essential elements of the ACP-EU Partnership Agreement, and form the basis of our relations.
      On 11 December 2006, the Council of the EU condemned the military takeover in the Republic of Fiji (Fiji).
      Pursuant to Article 96 of the ACP-EU Partnership Agreement, and considering that the military takeover on 5 December 2006 constituted a violation of the essential elements listed in Article 9 thereof, the EU invited Fiji to consultations, as provided for in the ACP-EU Partnership Agreement, in order to thoroughly examine the situation and, where necessary, take steps to remedy it.
      The formal part of those consultations began in Brussels on 18 April 2007. The EU was pleased that at the time the Interim Government confirmed a number of key commitments regarding human rights and fundamental freedoms, respect for democratic principles and the rule of law, as noted below, and proposed positive steps regarding their implementation.
      Regrettably, there have since been a series of regressive developments, in particular in April 2009, meaning that Fiji is now in breach of a range of its commitments. This concerns notably the abrogation of the Constitution, the very substantial delay in holding the parliamentary elections, and human rights violations. Although implementation of the commitments has been substantially delayed, the majority of those commitments remain highly relevant to Fiji’s present situation, and are therefore attached to this letter. As Fiji has unilaterally decided to break a number of key commitments, this has led to losses for Fiji in terms of development funds.
      However, in the spirit of partnership forming the cornerstone of the ACP-EU Partnership Agreement, the EU expresses its readiness to engage in new formal consultations as soon as there is a reasonable prospect for a positive conclusion to such consultations. On 1 July 2009 the Interim Prime Minister presented a roadmap for reforms and for a return to democratic order. The EU stands ready to engage in dialogue regarding this roadmap, and to consider whether it may serve as a basis for new consultations. Accordingly, the EU has decided to extend the existing appropriate measures for Fiji in order to create a window of opportunity for new consultations. While some of the appropriate measures are now out-of-date, it has been concluded that rather than update them unilaterally, the EU prefers to further explore possibilities for new consultations with Fiji. Consequently, it is of particular importance that the Interim Government commit to an inclusive domestic political dialogue and to flexibility concerning the timeframe for the roadmap. While the EU’s position is, and always will be, guided by the essential elements of the ACP-EU Partnership Agreement as well as its fundamental principles, notably regarding the pivotal role of dialogue and the fulfilment of mutual obligations, it is stressed that there are no foregone conclusions on the EU’s side regarding the outcome of future consultations.
      If new consultations result in substantial commitments from Fiji, the EU is committed to an early, positive review of these appropriate measures. Conversely, if the situation in Fiji does not improve, then further losses of development funds for Fiji are set to continue. In particular, the assessment of progress made towards return to constitutional rule will guide the EU in the upcoming decisions on accompanying measures for Sugar Protocol countries and Fiji’s National Indicative Programme under the 10th European Development Funds (EDFs).
      Until new consultations have taken place, the EU invites Fiji to continue and intensify the enhanced political dialogue.
      The appropriate measures are as follows:

                  —

                  humanitarian aid and direct support to civil society may continue,

                  —

                  the cooperation activities under way, in particular under the 8th and 9th EDFs, may continue,

                  —

                  cooperation activities that would help the return to democracy and improve governance may be pursued, save under very exceptional circumstances,

                  —

                  implementation of the sugar reform accompanying measures for 2006 may proceed. The financing agreement was signed at the technical level by Fiji on 19 June 2007. It is noted that the financing agreement includes a suspension clause,

                  —

                  the preparation and potential signing of the multiannual indicative programme for sugar reform accompanying measures for 2011-13 can proceed,

                  —

                  the finalisation, signing at technical level and implementation of the Country Strategy Paper and National Indicative Programme for the 10th EDF with an indicative financial envelope, as well as the possible allocation of an incentive tranche of up to 25 % of this sum, will be subject to respect of the commitments made with regard to human rights and the rule of law, notably: that the Interim Government uphold the Constitution, that the independence of the judiciary be fully respected, that the Public Emergency Regulations, reintroduced on 6 September 2007, be lifted as soon as possible, that all allegations of human rights infringements be investigated or dealt with in accordance with the various procedures and forums under the laws of Fiji, and that the Interim Government shall use best endeavours to prevent statements designed to intimidate being issued by security agencies,

                  —

                  the 2007 sugar allocation is zero,

                  —

                  availability of the 2008 sugar allocation was subject to evidence of credible and timely preparation of elections in accordance with the agreed commitments, notably regarding a census, the redrafting of boundaries and electoral reform in accordance with the Constitution, and measures taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution. This 2008 sugar allocation was lost on 31 December 2009,

                  —

                  the 2009 sugar allocation was cancelled in May 2009 because the Interim Government decided to delay general elections until September 2014,

                  —

                  the 2010 allocation was cancelled before 1 May 2010 as no progress was made in the continuation of the democratic process; however, given the critical situation of the sugar sector, part of the allocation was set aside for direct assistance to the population directly dependent on sugar production in order to mitigate adverse social consequences. These funds are centrally managed by the EU’s Delegation in Suva and not channelled through the Government,

                  —

                  the availability of the indicative allocation under the multiannual programme for sugar reform accompanying measures 2011-13 will be conditional on an agreement in the consultation process; in the absence of such an agreement, only social mitigation interventions will be considered for funding through this allocation,

                  —

                  specific support for the preparation and implementation of key commitments, in particular in support of the preparation and/or holding of elections, could be considered,

                  —

                  regional cooperation, and Fiji’s participation therein, is unaffected,

                  —

                  cooperation with the European Investment Bank and the Centre for the Development of Enterprise may continue subject to the timely fulfilment of commitments made.

            Commitments will be monitored in accordance with the terms in the Annex to this letter concerning regular dialogue, and effective cooperation with assessment and monitoring missions and reporting.
      Furthermore, the EU expects Fiji to cooperate fully with the Pacific Islands Forum regarding the implementation of the recommendations by the Eminent Persons’ Group, as endorsed by the Forum Foreign Ministers at their meeting in Vanuatu on 16 March 2007.
      The EU will continue to follow the situation in Fiji closely. Pursuant to Article 8 of the Cotonou Agreement, an enhanced political dialogue will be conducted with Fiji to ensure respect for human rights, restoration of democracy and respect for the rule of law until both parties conclude that the enhanced nature of the dialogue has served its purpose.
      If there is a slowing down, breakdown or reversal in the implementation by the Interim Government of the commitments made, the EU reserves the right to adjust the appropriate measures.
      The EU stresses that Fiji’s privileges in its cooperation with the EU depend on respect for the essential elements of the Cotonou Agreement and the principles set in the Development Cooperation Instrument. In order to convince the EU that the Interim Government is fully prepared to follow up on the commitments given, it is essential that early and substantial progress is made in the fulfilment of the agreed commitments.
      Yours sincerely,
      Done at Brussels,

            For the EU

         ANNEX TO THE ANNEX

            COMMITMENTS AGREED WITH THE REPUBLIC OF FIJI

         A.   Respect for Democratic Principles

         Commitment No 1
         That free and fair parliamentary elections take place within 24 months from 1 March 2007, subject to the findings of an assessment to be carried out by the independent auditors appointed by the Pacific Islands Forum Secretariat. The processes leading to the holding of the elections will be jointly monitored, adapted and revised as necessary on the basis of mutually agreed benchmarks. This implies in particular that:

                     —

                     by 30 June 2007 the Interim Government will adopt a schedule setting out dates for the completion of the various steps to be taken in preparation for the new parliamentary elections,

                     —

                     the schedule specifies the timing of a census, the redrafting of boundaries and electoral reform,

                     —

                     the determination of boundaries and electoral reform will be carried out in accordance with the Constitution,

                     —

                     measures will be taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution,

                     —

                     the appointment of the Vice-President will be in accordance with the Constitution.

               Commitment No 2
         That the Interim Government, when adopting major legislative, fiscal and other policy initiatives and changes, will take into account consultations with civil society and other relevant stakeholders.
         B.   Rule of Law

         Commitment No 1
         That the Interim Government will use its best endeavours to prevent statements by security agencies designed to intimidate.
         Commitment No 2
         That the Interim Government upholds the 1997 Constitution and guarantees the normal and independent functioning of constitutional institutions, such as the Fiji Human Rights Commission, the Public Service Commission, and the Constitutional Offices Commission. The substantial independence and functioning of the Great Council of Chiefs will be preserved.
         Commitment No 3
         That the independence of the judiciary is fully respected, that it is allowed to work freely and that its rulings are respected by all concerned parties, in particular:

                     —

                     that the Interim Government undertakes to appoint the tribunal pursuant to Section 138(3) of the Constitution by 15 July 2007,

                     —

                     that any appointment and/or dismissal of judges is henceforth carried out in strict conformity with constitutional provisions and procedural rules,

                     —

                     that there will be no instances whatsoever of interference, of whatever form, by the military and the police or by the Interim Government with the judicial process, including full respect for the legal profession.

               Commitment No 4
         That all criminal proceedings in connection with corruption are dealt with through the appropriate judicial channels and that any other bodies that may be set up to investigate alleged cases of corruption will operate within constitutional boundaries.
         C.   Human Rights and Fundamental Freedoms

         Commitment No 1
         The Interim Government will take all necessary steps to facilitate that all allegations of human rights infringements are investigated or dealt with in accordance with the various procedures and forums under the laws of Fiji.
         Commitment No 2
         The Interim Government will lift the Public Emergency Regulations in May 2007, subject to any threats to national security, public order and safety.
         Commitment No 3
         The Interim Government is committed to ensuring that the Fiji Human Rights Commission functions with full independence and in accordance with the Constitution.
         Commitment No 4
         That freedom of expression and freedom of the media, in all forms, are fully respected as provided in the Constitution.
         D.   Follow-up of Commitments

         Commitment No 1
         That the Interim Government undertakes to maintain a regular dialogue to allow verification of the progress made and gives EU and European Commission authorities/representatives full access to information on all matters relating to human rights, the peaceful restoration of democracy and the rule of law in Fiji.
         Commitment No 2
         That the Interim Government cooperates fully with any missions from the EU to assess and monitor progress.
         Commitment No 3
         That the Interim Government sends progress reports every 3 months starting 30 June 2007 regarding the essential elements of the Cotonou Agreement and the commitments.
         It is noted that certain issues can only be effectively addressed through a pragmatic approach that acknowledges the realities of the present and which focuses on the future.