title: 2007/546/EC: Council Decision of 22 March 2007 on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on accession of the Republic of Bulgaria and Romania to the PCA

text:
               3.8.2007

               EN

               Official Journal of the European Union

               L 202/19

         COUNCIL DECISION
   of 22 March 2007
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on accession of the Republic of Bulgaria and Romania to the PCA
   (2007/546/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with the Republic of Moldova a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova (1) to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol initialled on 22 February 2007 should be signed on behalf of the European Communities and their Member States.

               (3)

               The Protocol should be applied on a provisional basis as from 1 January 2007, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Communities and their Member States, the Protocol to the Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the PCA, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision.
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from 1 January 2007.

      Done at Brussels, 22 March 2007.

            For the Council

            The President

         W. TIEFENSEE

      (1)  OJ L 181, 24.6.1998, p. 3.
    ---documentbreak---

               3.8.2007

               EN

               Official Journal of the European Union

               L 202/21

         PROTOCOL
   to the Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on accession of the Republic of Bulgaria and Romania to the PCA
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
   hereinafter referred to as ‘the Communities’, represented by the Council of the European Union and the European Commission,
   of the one part, and
   THE REPUBLIC OF MOLDOVA,
   of the other part,
   hereinafter referred to as ‘the Parties’ for the purposes of this Protocol,
   HAVING REGARD TO the provisions of the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, which was signed in Luxembourg on 25 April 2005 and will enter into force on 1 January 2007,
   CONSIDERING the new situation in relations between the Republic of Moldova and the European Union arising from the accession to the EU of two new Member States, which opens opportunities and brings about challenges for cooperation between the Republic of Moldova and the European Union,
   TAKING INTO ACCOUNT the desire of the Parties to ensure the attainment and implementation of the objectives and principles of the PCA,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Republic of Bulgaria and Romania shall be Parties to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, signed in Brussels on 28 November 1994 and entered into force on 1 July 1998, (hereinafter the Agreement), and shall adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Agreement, and of the Joint Declarations, Declarations and Exchanges of Letters annexed to the Final Act signed on the same date and the Protocol to the Agreement of 10 April 1997, which entered into force on 12 October 2000, and the Protocol to the Agreement of 29 April 2004.
   Article 2
   This Protocol shall form an integral part of the Agreement.
   Article 3
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States and by the Republic of Moldova in accordance with their own procedures.
   2.   The Parties shall notify each other of the completion of the procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 4
   1.   This Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.
   2.   Pending the date of its entry into force, this Protocol shall apply provisionally with effect from 1 January 2007.
   Article 5
   1.   The texts of the Agreement, the Final Act and all documents annexed to it, and the Protocols to the Agreements of 10 April 1997 and 29 April 2004 are drawn up in the Bulgarian and Romanian languages.
   2.   They are annexed to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it, and the Protocols to the Agreements of 10 April 1997 and 29 April 2004 are drawn up.
   Article 6
   This Protocol is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Moldovan languages, each of these texts being equally authentic.

      Съставено в Брюксел на седемнадесети април две хиляди и седма година.
      Hecho en Bruselas, el diecisiete de abril de dos mil siete.
      V Bruselu dne sedmnáctého dubna dva tisíce sedm.
      Udfærdiget i Bruxelles den syttende april to tusind og syv.
      Geschehen zu Brüssel am siebzehnten April zweitausendsieben.
      Kahe tuhande seitsmenda aasta aprillikuu seitsmeteistkümnendal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις δέκα επτά Απριλίου δύο χιλιάδες επτά.
      Done at Brussels on the seventeenth day of April in the year two thousand and seven.
      Fait à Bruxelles, le dix-sept avril deux mille sept.
      Fatto a Bruxelles, addì diciassette aprile duemilasette.
      Briselē, divi tūkstoši septītā gada septiņpadsmitajā aprīlī.
      Priimta du tūkstančiai septintųjų metų balandžio septynioliktą dieną Briuselyje.
      Kelt Brüsszelben, a kettőezer-hetedik év április havának tizenhetedik napján.
      Magħmul fi Brussell, fis-sbatax jum ta' April tas-sena elfejn sebgħa.
      Gedaan te Brussel, de zeventiende april tweeduizend zeven.
      Sporządzono w Brukseli dnia siedemnastego kwietnia dwa tysiące siódmego.
      Feito em Bruxelas, em dezassete de Abril de dois mil e sete.
      Încheiat la Bruxelles la șaptesprezece aprilie, anul două mii șapte.
      V Bruseli dňa sedemnásteho apríla dvetisícsedem.
      V Bruslju, sedemnajstega aprila leta dva tisoč sedem.
      Tehty Brysselissä seitsemäntenätoista päivänä huhtikuuta vuonna kaksituhattaseitsemän.
      Som skedde i Bryssel den sjuttonde april tjugohundrasju.

         За Държавите-членки
         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok rėszéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu państw członkowskich
         Pelos Estados-Membros
         Pentru statele membre
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

         За Европейските общности
         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Pentru Comunitatea Europeană
         Za Európske spoločenstvá
         Za Evropski skupnosti
         Euroopan yhteisöjen puolesta
         På Europeiska gemenskapernas vägnar

         За Република Мοлдοва
         Por la República de Moldavia
         Za Moldavskou republiku
         For Republikken Moldova
         Für die Republik Moldau
         Moldova Vabariigi nimel
         Για τη Δημοκρατία της Μολδαβίας
         For the Republic of Moldova
         Pour la République de Moldova
         Per la Repubblica moldova
         Moldovas Republikas vārdā
         Moldovas Respublikos vardu
         A Moldovai Köztársaság részéről
         Għar-Repubblika tal-Moldova
         Voor de Republiek Moldavië
         W imieniu Republiki Mołdowy
         Pela República da Moldávia
         Pentru Republica Moldova
         Za Moldavskú republiku
         Za Republiko Moldavijo
         Moldovan tasavallan puolesta
         På Republiken Moldaviens vägnar


title: Council Decision 2010/766/CFSP of 7 December 2010 amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast

text:
               11.12.2010

               EN

               Official Journal of the European Union

               L 327/49

         COUNCIL DECISION 2010/766/CFSP
   of 7 December 2010
   amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,
   Whereas:

               (1)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1).

               (2)

               On 8 December 2009 and on 30 July 2010 respectively, the Council adopted Decision 2009/907/CFSP (2) and Decision 2010/437/CFSP (3) amending Joint Action 2008/851/CFSP.

               (3)

               Acts of piracy and armed robbery off the Somali coast continue to threaten shipping in the area and especially the delivery of food aid to the Somali population by the World Food Programme.

               (4)

               On 23 November 2010, the United Nations Security Council adopted Resolution 1950 (2010).

               (5)

               The European Union military operation referred to in Joint Action 2008/851/CFSP (‘EU military operation’) should be extended until 12 December 2012.

               (6)

               The definition of persons likely to be transferred pursuant to Article 12 of Joint Action 2008/851/CFSP should be clarified in accordance with the provisions of the United Nations Convention on the Law of the Sea.

               (7)

               In the light of experience from the first 2 years of the EU military operation, amendments to Joint Action 2008/851/CFSP are required in order to allow for the collection of physical characteristics and transmission of certain personal data, such as fingerprints, of suspected persons, with a view to facilitating their identification and traceability and their possible prosecution. Such processing should be carried out in accordance with Article 6 of the Treaty on European Union.

               (8)

               It is also necessary for practical reasons to provide for the possibility of exchanging classified information in the theatre of operations.

               (9)

               Joint Action 2008/851/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2008/851/CFSP is hereby amended as follows:

               (1)

               in Article 2, point (e) is replaced by the following:

                           ‘(e)

                           in view of prosecutions potentially being brought by the relevant States under the conditions in Article 12, arrest, detain and transfer persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention on the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery in the areas where it is present and seize the vessels of the pirates or armed robbers or the vessels caught following an act of piracy or an armed robbery and which are in the hands of the pirates or armed robbers, as well as the property on board;’;

               (2)

               in Article 2, the following points are added:

                           ‘(h)

                           collect, in accordance with applicable law, data concerning persons referred to in point (e) related to characteristics likely to assist in their identification, including fingerprints;

                           (i)

                           for the purpose of circulating the data via INTERPOL’s channels and checking it against INTERPOL’s databases, transmit to the National Central Bureau (‘NCB’) of the International Criminal Police Organisation – INTERPOL located in the Member State where the Operational Headquarters is stationed, in accordance with arrangements to be concluded between the EU Operation Commander and the Head of the NCB, the following data:

                                       —

                                       personal data concerning persons referred to in point (e) related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex; place of residence, profession and whereabouts; driving licenses, identification documents and passport data. This personal data shall not be stored by Atalanta after its transmission to INTERPOL,

                                       —

                                       data related to the equipment used by such persons.’;

               (3)

               in Article 12, paragraph 1 is replaced by the following:
               ‘1.   On the basis of Somalia’s acceptance of the exercise of jurisdiction by Member States or by third States, on the one hand, and Article 105 of the United Nations Convention on the Law of the Sea, on the other hand, persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention on the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery in Somali territorial waters or on the high seas, who are arrested and detained, with a view to their prosecution, and property used to carry out such acts, shall be transferred:

                           —

                           to the competent authorities of the Member State or of the third State participating in the operation, of which the vessel which took them captive flies the flag, or

                           —

                           if that State cannot, or does not wish to, exercise its jurisdiction, to a Member State or any third State which wishes to exercise its jurisdiction over the aforementioned persons and property.’;

               (4)

               in Article 15, the following paragraph is added:
               ‘3.   The HR is hereby authorised to release to the United States-led Coalition Maritime Force (‘CMF’), through its Headquarters, as well as to third States not participating in CMF and to international organisations, which are present in the area of the EU military operation, classified EU information and documents generated for the purposes of the EU military operation at the level RESTREINT UE, on the basis of reciprocity, where such release at theatre level is necessary for operational reasons, in accordance with the Council’s security regulations and subject to arrangements between the HR and the competent authorities of the third parties referred to above.’;

               (5)

               in Article 16, paragraph 3 is replaced by the following:
               ‘3.   The EU military operation shall terminate on 12 December 2012.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 December 2010.

            For the Council

            The President

         D. REYNDERS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  OJ L 322, 9.12.2009, p. 27.

      (3)  OJ L 210, 11.8.2010, p. 33.


Avis juridique important

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31976D0206

76/206/EEC: Council Decision of 9 February 1976 on intervention by the European Social Fund in favour of persons occupied in the textile and clothing industries

Official Journal L 039 , 14/02/1976 P. 0039 - 0039 Greek special edition: Chapter 05 Volume 2 P. 0069

++++ ( 1 ) OJ N L 28 , 4 . 2 . 1971 , P . 15 .   ( 2 ) OJ N C 280 , 8 . 12 . 1975 , P . 65 .   ( 3 ) OPINION DELIVERED ON 27 NOVEMBER 1975 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .   ( 4 ) OJ N L 291 , 28 . 12 . 1972 , P . 160 .   ( 5 ) OJ N L 249 , 10 . 11 . 1971 , P . 58 .   ( 6 ) OJ N L 185 , 9 . 7 . 1974 , P . 1 .  COUNCIL DECISION  OF 9 FEBRUARY 1976  ON INTERVENTION BY THE EUROPEAN SOCIAL FUND IN FAVOUR OF PERSONS OCCUPIED IN THE TEXTILE AND CLOTHING INDUSTRIES   ( 76/206/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DECISION 71/66/EEC OF 1 FEBRUARY 1971 ON THE REFORM OF THE EUROPEAN SOCIAL FUND ( 1 ) , AND IN PARTICULAR ARTICLE 4 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS THE TIME LIMIT REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 3 OF COUNCIL DECISION 72/429/EEC OF 19 DECEMBER 1972 ON INTERVENTION BY THE EUROPEAN SOCIAL FUND IN FAVOUR OF PERSONS OCCUPIED IN THE TEXTILE INDUSTRY ( 4 ) , EXPIRED ON 1 JANUARY 1976 ;  WHEREAS , HOWEVER , THE EMPLOYMENT SITUATION IN THE COMMUNITY TEXTILE SECTOR CONTINUES TO BE AFFECTED BY QUANTITATIVE AND QUALITATIVE IMBALANCES AND IT APPEARS NECESSARY TO PROLONG THE SPECIFIC JOINT ACTION AIMED AT ENSURING A BETTER ADAPTATION OF LABOUR SUPPLY AND DEMAND IN THIS SECTOR ;  WHEREAS THE EMPLOYMENT DIFFICULTIES ENCOUNTERED IN THE TEXTILE SECTOR HAVE PROGRESSIVELY AFFECTED THE CLOTHING SECTOR ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . OPERATIONS WHICH ARE AIMED AT FACILITATING THE EMPLOYMENT AND THE GEOGRAPHICAL AND OCCUPATIONAL MOBILITY OF PERSONS OCCUPIED IN THE TEXTILE INDUSTRY , INCLUDING THE PROCESSING OF CHEMICAL FIBRES , AND IN THE CLOTHING INDUSTRY , WHOSE ACTIVITIES ARE DIRECTLY AFFECTED , OR ARE IN DANGER OF BEING AFFECTED , BY QUANTITATIVE OR QUALITATIVE MEASURES FOR STRUCTURAL ADAPTATION AND WHO ARE TO PURSUE ACTIVITIES AS EMPLOYED PERSONS EITHER WITHIN THOSE INDUSTRIES OR OUTSIDE THEM , SHALL BE ELIGIBLE FOR ASSISTANCE FROM THE SOCIAL FUND PURSUANT TO ARTICLE 4 OF DECISION 71/66/EEC .  2 . OPERATIONS FOR THE BENEFIT OF SELF-EMPLOYED PERSONS IN CHARGE OF TEXTILE OR CLOTHING UNDERTAKINGS , IN PARTICULAR SMALL CRAFT UNDERTAKINGS , WHO ARE TO PURSUE ACTIVITIES AS SELF-EMPLOYED PERSONS , SHALL ALSO BE ELIGIBLE FOR ASSISTANCE FROM THE FUND ON THE TERMS LAID DOWN IN PARAGRAPH 1 .  ARTICLE 2  AIDS INCLUDED IN THE LIST LAID DOWN BY COUNCIL REGULATION ( EEC ) N 2397/71 OF 8 NOVEMBER 1971 ON AIDS WHICH MAY QUALIFY FOR ASSISTANCE FROM THE EUROPEAN SOCIAL FUND ( 5 ) , AS AMENDED BY REGULATION ( EEC ) N 1761/74 ( 6 ) , MAY ALSO RECEIVE ASSISTANCE FROM THE FUND BY VIRTUE OF THIS DECISION .  ARTICLE 3  THIS DECISION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING THAT OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  IT SHALL APPLY TO OPERATIONS OF WHICH THE DRAFT HAS RECEIVED THE APPROVAL OF THE COMMISSION DURING A PERIOD BEGINNING 2 JANUARY 1976 AND ENDING 18 MONTHS AFTER THE ENTRY INTO FORCE OF THIS DECISION .  DONE AT BRUSSELS , 9 FEBRUARY 1976 .  FOR THE COUNCIL  THE PRESIDENT  G . THORN


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32004D0155

2004/155/EC: Decision of the European Parliament and of the Council of 18 December 2003 on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction of Iraq according to point 24 of the Interinstitutional Agreement of 6 May 1999

Official Journal L 054 , 23/02/2004 P. 0001 - 0002

Decision of the European Parliament and of the Councilof 18 December 2003on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction of Iraq according to point 24 of the Interinstitutional Agreement of 6 May 1999(2004/155/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 24 thereof,Having regard to the proposal from the Commission(2),Whereas:(1) Following the European Council of 19 and 20 June 2003 in Thessaloniki, the Commission proposed that the Community share of the European contribution amount to EUR 200 million over the 2003-2004 period, with EUR 40 million mobilised in 2003 and EUR 160 million in 2004.(2) The amount foreseen for 2004 was not entered in the preliminary draft budget for 2004. Accordingly, the Commission has proposed to budget the EUR 160 million under the new dedicated budget line created through the amending letter No 1 to PDB 2004 (Article 19 08 07). At the conciliation meeting on 24 November 2003 the European Parliament and the Council accepted this amending letter with an amount of EUR 160 million on the line created for "Aid for rehabilitation and reconstruction of Iraq" and the mobilisation of the flexibility instrument for an amount of EUR 95 million,HAVE ADOPTED THIS DECISION:Article 1For the general budget of the European Union for the financial year 2004 (hereinafter "the 2004 budget"), the flexibility instrument shall be used to provide the sum of EUR 95000000 in commitment appropriations.This amount shall be used for the financing of the aid for rehabilitation and reconstruction of Iraq, covered by Heading 4 "External actions" of the financial perspective, under the new Article 19 08 07 of the 2004 budget.Article 2This Decision shall be published in the Official Journal of the European Union at the same time as the 2004 budget.Done at Strasbourg, 18 December 2003.For the European ParliamentThe PresidentPat CoxFor the CouncilThe PresidentGianluigi Magri(1) OJ C 172, 18.6.1999, p. 1. Agreement modified by European Parliament and Council Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).(2) Not yet published in Official Journal.


title: 2012/673/EU: Council Decision of 25 October 2012 on the launch of automated data exchange with regard to DNA data in Cyprus

text:
               31.10.2012

               EN

               Official Journal of the European Union

               L 302/12

         COUNCIL DECISION
   of 25 October 2012
   on the launch of automated data exchange with regard to DNA data in Cyprus
   (2012/673/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 2(3) and Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               Cyprus has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

               (5)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (6)

               Cyprus has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

               (7)

               A successful pilot run has been carried out by Cyprus with Austria.

               (8)

               An evaluation visit has taken place in Cyprus and a report on the evaluation visit has been produced by the Austrian evaluation team and forwarded to the relevant Council Working Group.

               (9)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching and comparison of DNA data, Cyprus has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Articles 3 and 4 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 25 October 2012.

            For the Council

            The President

         E. MAVROU

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: 2013/557/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the Body of European Regulators for Electronic Communications for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/168

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the Body of European Regulators for Electronic Communications for the financial year 2011
   (2013/557/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Body of European Regulators for Electronic Communications for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Body of European Regulators for Electronic Communications for the financial year 2011, together with the Body’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (4), and in particular Article 13 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0066/2013),

               1.

               Approves the closure of the accounts of the Body of European Regulators for Electronic Communications for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Administrative Manager of the Body of European Regulators for Electronic Communications, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 8.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 337, 18.12.2009, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.


title: Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020

text:
               7.10.2015

               EN

               Official Journal of the European Union

               L 260/23

         COUNCIL DECISION (EU, EURATOM) 2015/1790
   of 1 October 2015
   appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 300(2) and Article 302 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Council Decision (EU) 2015/1157 of 14 July 2015 determining the composition of the European Economic and Social Committee (1),
   Having regard to the proposals made by each Member State,
   After consulting the European Commission,
   Whereas:

               (1)

               Pursuant to Council Decision 2010/570/EU, Euratom (2), the term of office of the current members of the European Economic and Social Committee expires on 20 September 2015. Members should therefore be appointed for a period of 5 years as from 21 September 2015.

               (2)

               Each Member State was requested to submit to the Council a list of candidates consisting of representatives of organisations of employers, of the employed and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas, for appointment as members of the European Economic and Social Committee.

               (3)

               On 18 September 2015, the Council adopted Decision (EU, Euratom) 2015/1600 (3) appointing the members proposed by the Belgian, Bulgarian, Czech, Danish, German, Estonian, Greek, Irish, Spanish, French, Croatian, Italian, Cypriot, Latvian, Luxembourg, Hungarian, Maltese, Austrian, Polish, Portuguese, Romanian, Slovenian, Slovak, Finnish, Swedish and United Kingdom Governments, as well as nine members proposed by the Dutch Government, for the period from 21 September 2015 to 20 September 2020. Members whose nominations had not been communicated to the Council by 8 September 2015 could not be included in Decision (EU, Euratom) 2015/1600.

               (4)

               On 14 September 2015 and on 17 September 2015, the list containing three members proposed by the Dutch Government as well as the list of members proposed by the Lithuanian Government were submitted to the Council. Those members should be appointed for the same period, running from 21 September 2015 to 20 September 2020, as that applicable to the members appointed by Decision (EU, Euratom) 2015/1600. This Decision should therefore apply retroactively from 21 September 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   The persons listed in the Annex to this Decision are hereby appointed members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall take effect on 21 September 2015.

      Done at Luxembourg, 1 October 2015.

            For the Council

            The President

         E. SCHNEIDER

      (1)  OJ L 187, 15.7.2015, p. 28.

      (2)  Council Decision 2010/570/EU, Euratom of 13 September 2010 appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (OJ L 251, 25.9.2010, p. 8).

      (3)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

      ANNEX

         ПРИЛОЖЕНИЕ — ANEXO — PŘÍLOHA — BILAG — ANHANG — LISA

         ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — PRILOG — ALLEGATO — PIELIKUMS

         PRIEDAS — MELLÉKLET — ANNESS — BIJLAGE — ZAŁĄCZNIK

         ANEXO — ANEXĂ — PRÍLOHA — PRILOGA — LIITE — BILAGA

         Членове/Miembros/Členové/Medlemmer/Mitglieder/Liikmed

            Μέλη/Members/Membres/Članovi/Membri/Locekļi

         Nariai/Tagok/Membri/Leden/Członkowie

         Membros/Membri/Členovia/Člani/Jäsenet/Ledamöter

      LIETUVA
      Mr Alfredas JONUŠKA
      Director-General, Šiauliai Chamber of Commerce, Industry and Crafts
      Mr Linas LASIAUSKAS
      Director-General, Lithuanian Apparel and Textile Industry Association
      Mr Gintaras MORKIS
      Deputy Director-General, Lithuanian Confederation of Industrialists
      Ms Tatjana BABRAUSKIENĖ
      International secretary, Lithuanian Education Trade Union
      Ms Daiva KVEDARAITĖ
      International secretary, Lithuanian Trade Union ‘Solidarity’
      Ms Irena PETRAITIENĖ
      Chair, Lithuanian civil servants', budget and public institutions employees' trade union
      Mr Mindaugas MACIULEVIČIUS
      Director, Agricultural cooperative ‘Lithuanian Quality’
      Mr Vitas MAČIULIS
      Business Consultant, State Research Institute of Physical and Technological Sciences Centre
      President, Lithuanian Solar Energy Association
      Ms Indrė VAREIKYTĖ
      Director, Public Institution ‘SOS Projects’
      NEDERLAND
      Mr Joost VAN IERSEL
      Former Chairman of The Hague Chamber of Commerce
      Lecturer and author of articles on political economy and Europe
      Mr Johannes Gertrudis Wilhelmina SIMONS
      Chair of the seniors of the Benelux Interuniversity Association of Transport Economists (BIVEC)
      Emeritus Professor of Transport Economics, Free University of Amsterdam
      Mr Cornelis Willibrordus Maria LUSTENHOUWER
      Director/General Counsel and Chief Compliance Officer of DELTA N.V. in Middelburg (NL)


Avis juridique important

|

31990D0408

90/408/EEC: Council Decision of 27 July 1990 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of Protocol No 2 establishing for the period 1 April 1990 to 31 March 1991 the crawfish fishing opportunities and the corresponding financial compensation provided for in the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco

Official Journal L 208 , 07/08/1990 P. 0039

*****COUNCIL  DECISION  of 27 July 1990  on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of Protocol No 2 establishing for the period 1 April 1990 to 31 March 1991 the crawfish fishing opportunities and the corresponding financial compensation provided for in the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco  (90/408/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 155 (2) (b) thereof,  Having regard to the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco (1) signed in Rabat on 26 May 1988,  Having regard to the proposal from the Commission,  Whereas the Community and the Kingdom of Morocco conducted negotiations to determine the amendments or additions to be made to the abovementioned Agreement at the end of the period of application of Protocol No 2 annexed thereto;  Whereas, as a result of these negotiations, a new Protocol No 2 was initialled on 20 March 1990;  Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Kingdom of Morocco for the period from 1 April 1990 to 31 March 1991;  Whereas, under Article 155 (2) (b) of the Act of Accession, it is for the Council to determine the procedures appropriate to take into consideration all or part of the interests of the Canary Islands when it adopts decisions, case by case, particularly with a view to the conclusion of fisheries agreements with third countries; whereas the case in point calls for the said procedures to be determined;  Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is essential that the new Protocol No 2 be applied as soon as possible; whereas, for this reason, the two Parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from 1 April 1990; whereas the Agreement in the form of an Exchange of Letters should be approved pending a final decision taken on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters concerning the provisional application of Protocol No 2 establishing for the period 1 April 1990 to 31 March 1991 the crawfish fishing opportunities and corresponding financial compensation provided for in the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  With a view to taking into consideration the interests of the Canary Islands, the Agreement referred to in Article 1 and, insofar as is necessary for its application, the provisions of the common fisheries policy relating to the conservation and management of fishery resources shall also apply to vessels which sail under the flag of Spain, which are recorded on a permanent basis in the registers of the relevant authorities at local level (registros de base) in the Canary Islands, under the conditions specified in Note 6 to Annex I to Council Regulation (EEC) No 1135/88 of 7 March 1988 concerning the definition of the concept of 'originating products' and methods of administrative cooperation in trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands (2), as amended by Regulation (EEC) No 3902/89 (3).  Article 3  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.  Done at Brussels, 27 July 1990.  For the Council  The President  E. RUBBI  (1) OJ No L 181, 12. 7. 1988, p. 3.  (2) OJ No L 114, 2. 5. 1988, p. 1.  (3) OJ No L 375, 23. 12. 1989, p. 5.


Important legal notice

|

52005DP0024

European Parliament decision on the request for defence of the immunity and privileges of Koldo Gorostiaga (2004/2102(IMM))

Official Journal 304 E , 01/12/2005 P. 0091 - 0092

		P6_TA(2005)0024Request for defence of parliamentary immunity of Mr Koldo GorostiagaEuropean Parliament decision on the request for defence of the immunity and privileges of Koldo Gorostiaga (2004/2102(IMM))The European Parliament,- having regard to the request by Koldo Gorostiaga for defence of his immunity in connection with legal proceedings pending before a French court, of 7 July 2004, announced in plenary sitting on 22 July 2004,- having regard to Articles 8, 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities, of 8 April 1965, and Article 6(2) of the Act concerning the election of the members of the European Parliament by direct universal suffrage, of 20 September 1976,- having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986 [1],- having regard to Rules 6(3) and 7 of its Rules of Procedure,- having regard to the report of the Committee on Legal Affairs (A6-0006/2005),A. whereas Koldo Gorostiaga was elected to the European Parliament in the fifth direct elections held on 13 June 1999, and whereas his credentials were verified on 15 December 1999 [2], and his term of office expired on 19 July 2004,B. whereas Koldo Gorostiaga complains that a certain amount of his money was seized by the Court of First Instance of Paris and whereas he claims that these monies were allowances paid to him by Parliament,C. whereas Koldo Gorostiaga asserts that the seizure of his alleged property constituted a violation of the Protocol on Privileges and Immunities,D. whereas Koldo Gorostiaga complains that he would have been declared "under examination" by the second investigating Chamber of the Court of Appeals of Paris, in its judgment of 11 June 2004, and that this was a violation of the Protocol on Privileges and Immunities,E. whereas, on basis of the evidence that he has provided, Koldo Gorostiaga is not protected by Parliamentary immunity in respect of any of the claims which have been drawn to the attention of the President of the European Parliament,1. Decides not to defend the immunity and privileges of Koldo Gorostiaga.[1] See Case 101/63 Wagner v. Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v. Faure and others [1986] ECR 2391.[2] European Parliament decision on the verification of credentials of Members following the fifth direct elections to the European Parliament on 10 to 13 June 1999 (OJ C 296, 18.10.2000, p. 93).--------------------------------------------------


title: 2005/456/EC, Euratom: Council Decision of 13 June 2005 appointing a Member of the European Economic and Social Committee

text:
               23.6.2005

               EN

               Official Journal of the European Union

               L 160/27

         COUNCIL DECISION
   of 13 June 2005
   appointing a Member of the European Economic and Social Committee
   (2005/456/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the Members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),
   Having regard to the nomination submitted by the Italian Government,
   Having regard to the opinion of the Commission,
   Whereas:
   A Member’s seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Giacomino TARICCO, of which the Council was informed on 28 October 2004,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Angelo GRASSO is hereby appointed a Member of the European Economic and Social Committee in place of Mr Giacomino TARICCO for the remainder of the latter’s term of office, which runs until 20 September 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Luxembourg, 13 June 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 253, 21.9.2002, p. 9.


title: 2007/745/EC: Council Decision of 28 September 2007 concerning the signature and provisional application of an Agreement between the European Community and the Swiss Confederation in the audio-visual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, and a Final Act

text:
               21.11.2007

               EN

               Official Journal of the European Union

               L 303/9

         COUNCIL DECISION
   of 28 September 2007
   concerning the signature and provisional application of an Agreement between the European Community and the Swiss Confederation in the audio-visual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, and a Final Act
   (2007/745/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 150(4) and 157(3), in conjunction with the first sentence of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audio-visual sector (MEDIA 2007) (1), and in particular Article 8 thereof, provides that the programme shall be open to the participation of countries which are parties to the Council of Europe Convention on Transfrontier Television other than EFTA countries party to the EEA Agreement and candidate countries for accession to the European Union, on the basis of supplementary appropriations, in accordance with conditions to be established in agreements between the parties concerned.

               (2)

               The Council has authorised the Commission to negotiate, on behalf of the European Community, an Agreement to enable the Swiss Confederation to participate in the MEDIA 2007 Community programme, and a Final Act to the said Agreement.

               (3)

               The negotiations were concluded on 2 July 2007 by the initialling of a draft Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007 (hereinafter referred to as ‘the Agreement’), and a Final Act.

               (4)

               Article 13 of the Agreement provides that the Agreement shall be applied provisionally as from 1 September 2007.

               (5)

               Subject to conclusion at a later date, the Agreement and the Final Act should be signed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Swiss Confederation in the audio-visual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007 (hereinafter referred to as ‘the Agreement’), and of the Final Act, is hereby approved on behalf of the Community, subject to the conclusion.
   The texts of the Agreement and the Final Act are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the Final Act on behalf of the European Community, subject to the conclusion.
   Article 3
   The Agreement shall be applied provisionally from 1 September 2007.
   Article 4
   The Commission shall represent the Community in the Joint Committee established by Article 8 of the Agreement.
   Article 5
   The Agreement is related to the seven Agreements with the Swiss Confederation signed on 21 June 1999 and concluded by Council and Commission Decision 2002/309/EC, Euratom of 4 April 2002 (2).
   The Agreement shall not be extended or renegotiated in accordance with its Article 12 in case the Agreements referred to in the first paragraph of this Article have been terminated.
   Article 6
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 September 2007.

            For the Council

            The President

         M. PINHO

      (1)  OJ L 327, 24.11.2006, p. 12.

      (2)  OJ L 114, 30.4.2002, p. 1.
    ---documentbreak---

               21.11.2007

               EN

               Official Journal of the European Union

               L 303/11

         AGREEMENT
   between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
   of the other part,
   hereinafter together referred to as ‘the Contracting Parties’,
   WHEREAS the Community, pursuant to Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (1), (hereinafter referred to as the ‘Decision establishing the MEDIA 2007 programme’), has established a programme of support for the European audiovisual sector;
   WHEREAS Article 8 of the Decision establishing the MEDIA 2007 programme provides, under certain conditions, for the participation of third countries which are party to the Council of Europe Convention on Transfrontier Television, other than EFTA countries party to the EEA Agreement and candidate countries for accession to the European Union, on the basis of supplementary appropriations and specific procedures to be established in agreements between the parties concerned;
   WHEREAS the abovementioned provision makes the opening up of the programme to these third countries subject to a prior examination of the compatibility of their legislation with the relevant acquis communautaire;
   WHEREAS Switzerland took part in the MEDIA Plus and MEDIA Training programmes that came to an end on 31 December 2006;
   WHEREAS Switzerland is committed to completing its legislative framework in order to ensure the required level of compatibility with the acquis communautaire; whereas, therefore, on the date of entry into force of this Agreement, Switzerland fulfils the participation conditions laid down in Article 8 of the Decision establishing the MEDIA 2007 programme;
   WHEREAS, in particular, cooperation between the Community and Switzerland, with a view to pursuing the objectives fixed for the MEDIA 2007 programme, within the context of transnational cooperation activities involving the Community and Switzerland, by its nature enriches the impact of the different actions undertaken pursuant to that programme and strengthens the skill levels of human resources in the Community and Switzerland;
   WHEREAS the Contracting Parties have a common interest in the development of the European audiovisual programme industry in the context of wider cooperation;
   WHEREAS the Contracting Parties consequently expect to obtain mutual benefits from the participation of Switzerland in the MEDIA 2007 programme,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Subject matter
   The objective of the cooperation between the Community and Switzerland established by this Agreement is the participation of Switzerland in all actions under the MEDIA 2007 programme. Unless otherwise provided by this Agreement, this shall take place with due regard for the objectives, criteria, procedures and deadlines laid down by the Decision establishing the MEDIA 2007 programme.
   Article 2
   Compatibility of legislative frameworks
   In order to be able to fulfil the participation conditions laid down by the Decision establishing the MEDIA 2007 programme on the date of entry into force of this Agreement, Switzerland shall implement the measures described in Annex I, with a view to completing its legislative framework so as to ensure the required level of compatibility with the acquis communautaire.
   Article 3
   Eligibility
   Unless otherwise provided in this Agreement:

               1.

               The conditions for the participation of organisations and individuals from Switzerland in each of the actions shall be the same as those applicable to organisations and individuals from the Member States of the Community.

               2.

               The eligibility of institutions, organisations and individuals from Switzerland shall be governed by the relevant provisions in the Decision establishing the MEDIA 2007 programme.

               3.

               In order to ensure the Community dimension of the programme, all projects and activities necessitating a European partnership shall, in order to be eligible for Community financial support, include at least one partner from one of the Member States of the Community. Other projects and actions shall present a clear European and Community dimension.

         Article 4
   Procedures
   1.   The terms and conditions for the submission, assessment and selection of applications from institutions, organisations and individuals from Switzerland shall be the same as those applicable to eligible institutions, organisations and individuals from the Member States of the Community.
   2.   In accordance with the relevant provisions of the Decision establishing the MEDIA 2007 programme, the Commission of the European Communities (hereinafter referred to as ‘the Commission’) may consider Swiss experts when appointing independent experts to assist it with project evaluation.
   3.   The language to be used in all contacts with the Commission, as regards the application process, contracts, reports to be submitted and other administrative aspects of the programme, shall be one of the official languages of the Community.
   Article 5
   National structures
   1.   Switzerland shall establish the appropriate structures and mechanisms at national level and shall adopt all other necessary measures for national coordination and organisation of activities to implement the MEDIA 2007 programme in accordance with the relevant provisions of the Decision establishing the MEDIA 2007 programme. In particular, Switzerland undertakes to establish a MEDIA Desk in cooperation with the Commission.
   2.   The maximum amount of financial support to be allocated by the programme to the activities of the MEDIA Desk shall not exceed 50 % for the total budget for those activities.
   Article 6
   Financial provisions
   To cover the costs resulting from its participation in the MEDIA 2007 programme, Switzerland shall each year pay a contribution to the general budget of the European Union in accordance with the terms and conditions set out in Annex II.
   Article 7
   Financial control
   The rules on financial control relating to Swiss participants in the MEDIA 2007 programme are set out in Annex III.
   Article 8
   Joint Committee
   1.   A Joint Committee is hereby established.
   2.   The Joint Committee shall consist of representatives of the Community and representatives of Switzerland. It shall act by mutual agreement.
   3.   The Joint Committee shall be responsible for the management and proper implementation of this Agreement.
   4.   At the request of either one of them, the Contracting Parties shall exchange information and hold consultations within the Joint Committee on the activities covered by this Agreement and related financial aspects.
   5.   In order to discuss the proper functioning of this Agreement, the Joint Committee shall meet at the request of either of the Contracting Parties. It shall adopt its rules of procedure and may create working groups to assist it with its task.
   6.   The Contracting Parties may submit any disputes relating to the interpretation or application of this Agreement to the Joint Committee. The Joint Committee may settle such disputes and shall be provided with any information which might be useful for an in-depth examination of the situation with a view to finding an acceptable solution. To this end, the Joint Committee shall examine all possibilities for maintaining the proper functioning of this Agreement.
   7.   The Joint Committee shall periodically examine the Annexes to this Agreement. Acting on a proposal from either of the Contracting Parties, it may decide to amend them.
   Article 9
   Monitoring, evaluation and reports
   Without prejudice to the responsibilities of the Community in relation to programme monitoring and evaluation pursuant to the relevant provisions in the Decision establishing the MEDIA 2007 programme, the participation of Switzerland in the MEDIA 2007 programme shall be continuously monitored in the context of a partnership between the Community and Switzerland. In order to help it to prepare reports on the experience acquired in the application of the MEDIA 2007 programme, Switzerland shall submit to the Commission a contribution describing the national measures taken by Switzerland in this regard. It shall take part in any other specific activity proposed by the Community for this purpose.
   Article 10
   Annexes
   Annexes I, II and III shall form an integral part of this Agreement.
   Article 11
   Territorial application
   This Agreement shall apply to the territories in which the Treaty establishing the European Community is applicable, under the conditions laid down in that Treaty, and to the territory of Switzerland.
   Article 12
   Duration and termination
   1.   This Agreement is concluded for the duration of the MEDIA 2007 programme.
   2.   If the Community adopts a new multi-annual programme of support for the European audiovisual sector, this Agreement may be extended or renegotiated under mutually agreed conditions.
   3.   Either the Community or Switzerland may terminate this Agreement by notifying the other Party of its decision. The Agreement shall cease to apply 12 months after the date of such notification. Projects and activities in progress at the time of termination shall continue until their completion according to the conditions laid down in this Agreement. The Contracting Parties shall settle by mutual agreement any other consequences of termination.
   Article 13
   Entry into force and provisional application
   This Agreement shall enter into force on the first day of the first month following the notification by the Contracting Parties of the completion of their respective procedures. It shall be provisionally applied as from 1 September 2007.
   Article 14
   Use of languages
   This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

      Съставено в Брюксел на единадесети октомври две хиляди и седма година.
      Hecho en Bruselas, el once de octubre de dos mil siete.
      V Bruselu dne jedenáctého října dva tisíce sedm.
      Udfærdiget i Bruxelles, den ellevte oktober to tusind og syv.
      Geschehen zu Brüssel am elften Oktober zweitausendsieben.
      Kahe tuhande seitsmenda aasta oktoobrikuu üheteistkümnendal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις ένδεκα Οκτωβρίου δύο χιλιάδες επτά.
      Done at Brussels on the eleventh day of October in the year two thousand and seven.
      Fait à Bruxelles, le onze octobre deux mille sept.
      Fatto a Bruxelles, addì undici ottobre duemilasette.
      Briselē, divtūkstoš septītā gada vienpadsmitajā oktobrī.
      Priimta du tūkstančiai septintųjų metų spalio vienuoliktą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-hetedik év október havának tizenegyedik napján.
      Magħmul fi Brussell, fil-ħdax-il jum ta' Ottubru tas-sena elfejn u sebgħa.
      Gedaan te Brussel, de elfde oktober tweeduizend zeven.
      Sporządzono w Brukseli, dnia jedenastego października roku dwa tysiące siódmego.
      Feito em Bruxelas, em onze de Outubro de dois mil e sete.
      Încħeiat la Bruxelles, unsprezece octombrie două mii șapte.
      V Bruseli jedenásteho októbra dvetisícsedem.
      V Bruslju, dne enajstega oktobra leta dva tisoč sedem.
      Tehty Brysselissä yhdentenätoista päivänä lokakuuta vuonna kaksituhattaseitsemän.
      Som skedde i Bryssel den elfte oktober tjugohundrasju.

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

         За Конфедерация Швейцария
         Por la Confederación Suiza
         Za Švýcarskou konfederaci
         For Det Schweiziske Forbund
         Für die Schweizerische Eidgenossenschaft
         Šveitsi Konföderatsiooni nimel
         Για την Ελβετική Συνομοσπονδία
         For the Swiss Confederation
         Pour la Confédération suisse
         Per la Confederazione svizzera
         Šveices Konfederācijas vārdā
         Šveicarijos Konfederacijos vardu
         a Svájci Államszövetség részéről
         Għall-Konfederazzjoni Żvizzera
         Voor de Zwitserse Bondsstaat
         W imieniu Konfederacji Szwajcarskiej
         Pela Confederação Suíça
         Pentru Confederația Elvețiană
         Za Švajčiarsku konfederáciu
         Za Švicarsko konfederacijo
         Sveitsin valaliiton puolesta
         På Schweiziska edsförbundets vägnar

      (1)  OJ L 327, 24.11.2006, p. 12.
   ANNEX I
   Article 1
   Freedom of broadcast reception and retransmission
   1.   Switzerland shall ensure freedom of reception and retransmission on its territory with regard to television broadcasts under the jurisdiction of a Member State of the Community, as determined pursuant to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (1), (hereinafter referred to as the ‘Television without Frontiers Directive’), in accordance with the following procedures:
   Switzerland shall maintain the right to:

               (a)

               suspend retransmission of broadcasts from a television broadcasting organisation under the jurisdiction of a Member State of the Community which has manifestly, seriously and gravely infringed the rules on the protection of minors and human dignity set out in Articles 22 and 22a of the ‘Television without Frontiers’ Directive;

               (b)

               take action against a television broadcasting organisation which is established in the territory of a Member State of the Community but whose activity is entirely or mainly directed towards Swiss territory, if the place of establishment was chosen with a view to evading the rules which would have applied to the organisation had it been established on Swiss territory. These conditions will be interpreted in the light of the relevant case law of the Court of Justice of the European Communities.

         2.   In the cases referred to in paragraph 1 of this Article, action shall be taken after an exchange of views within the Joint Committee established under this Agreement.
   Article 2
   Events of major importance for society
   1.   Switzerland shall ensure that broadcasters within its jurisdiction will not exercise exclusive rights on events of major importance according to the list of a Member State of the Community in such a way that a substantial proportion of the public of this Member State is deprived of following these events, according to Article 3a of the ‘Television without Frontiers’ Directive.
   2.   In accordance with the provisions established in Article 3a of the ‘Television without Frontiers’ Directive, Switzerland shall inform the European Commission of the measures taken or to be taken in this regard.
   Article 3
   Promotion of distribution and production of European works
   For the purpose of implementing the measures regarding the promotion and distribution of European works, the definition of a European work shall be that set out in Article 6 of the ‘Television without Frontiers’ Directive.
   Article 4
   Transitional provisions
   Article 1 of this Annex shall apply from 30 November 2009.
   Before 30 November 2009, the provisions set out in Article 1 of Annex II of the Agreement of 26 October 2004 between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programmes MEDIA Plus and MEDIA Training (2) shall continue to apply.

      (1)  OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

      (2)  OJ L 90, 28.3.2006, p. 22.
   ANNEX II
   FINANCIAL CONTRIBUTION OF SWITZERLAND TO THE MEDIA 2007 PROGRAMME

               1.

               The financial contribution to be made by Switzerland to the budget of the European Union in order to participate in the MEDIA 2007 programme shall be as follows (in euro):

                           2007

                           2008

                           2009

                           2010

                           2011

                           2012

                           2013

                           4 205 000

                           5 805 677

                           5 921 591

                           6 039 823

                           6 160 419

                           6 283 427

                           6 408 897

               2.

               Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (2) shall apply, in particular to the management of Switzerland’s contribution.

               3.

               The travel and subsistence expenses of representatives and experts from Switzerland in connection with their participation in meetings organised by the Commission in relation to the implementation of the programme shall be reimbursed by the Commission on the same basis and in accordance with the procedures currently in force for experts from the Member States of the Community.

               4.

               Following the provisional application of this Agreement, and at the beginning of each subsequent year, the Commission will send to Switzerland a request for funds corresponding to its contribution to the budget for the programme, in accordance with this Agreement. This contribution shall be expressed in euro and shall be paid into a euro bank account held by the Commission.

               5.

               Switzerland shall pay its contribution by 1 April, if the request for funds is sent by the Commission before 1 March, or no later than 30 days after the request for funds if this is sent by the Commission after that date. Any delay in the payment of the contribution will entail the payment of interest by Switzerland on the outstanding amount from the due date. The interest rate shall correspond to the rate applied by the European Central Bank, on the due date, for its operations in euro, increased by 3,5 percentage points.

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

      (2)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).
   ANNEX III
   FINANCIAL CONTROL OF SWISS PARTICIPANTS IN THE MEDIA 2007 PROGRAMME
   Article 1
   Direct communication
   The Commission shall communicate directly with programme participants established in Switzerland and with their subcontractors. These may submit directly to the Commission all relevant information and documentation which they are required to provide on the basis of the instruments referred to in this Agreement and of the contracts concluded to implement them.
   Article 2
   Audits
   1.   In accordance with Regulation (EC, Euratom) No 1605/2002 and Regulation (EC, Euratom) No 2342/2002 and with the other provisions referred to in this Agreement, the grant agreement decisions involving programme participants established in Switzerland may provide for scientific, financial, technological or other audits to be conducted at any time on the premises of participants or their subcontractors by Commission staff or other persons mandated by the Commission.
   2.   Commission staff and other persons mandated by the Commission shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including information in electronic form. This right of access shall be stated explicitly in the contracts entered into to implement the instruments referred to in this Agreement.
   3.   The Court of Auditors of the European Communities shall have the same rights as the Commission.
   4.   Audits may be conducted after the programme or this Agreement expire, on the terms laid down in the contracts in question.
   5.   The Swiss Federal Audit Office shall be informed in advance of audits to be conducted on Swiss territory. This information shall not be a legal condition for carrying out such audits.
   Article 3
   On-the-spot checks
   1.   Within the framework of this Agreement, the Commission (and OLAF) shall be authorised to carry out on-the-spot checks and inspections on Swiss territory, in accordance with the terms and conditions laid down in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (1).
   2.   On-the-spot checks and inspections shall be prepared and conducted by the Commission in close collaboration with the Swiss Federal Audit Office or with the other competent Swiss authorities designated by the Swiss Federal Audit Office, which shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can provide all the requisite help. To that end, officials of the competent Swiss authorities may participate in on-the-spot checks and inspections.
   3.   If the Swiss authorities concerned so wish, on-the-spot checks and inspections may be carried out jointly by the Commission and by them.
   4.   Where the participants in the MEDIA 2007 programme resist an on-the-spot check or inspection, the Swiss authorities, acting in accordance with national rules, shall give Commission inspectors such assistance as they need to allow them to discharge their duty of carrying out an on-the-spot check or inspection.
   5.   The Commission shall report as soon as possible to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which has come to its notice in the course of an on-the-spot check or inspection. In any event, the Commission shall be required to inform the abovementioned authority of the result of such checks and inspections.
   Article 4
   Information and consultation
   1.   For the purposes of proper implementation of this Annex, the competent Swiss and Community authorities shall regularly exchange information and, at the request of one of the Parties, shall conduct consultations.
   2.   The competent Swiss authorities shall inform the Commission without delay of any information which has come to their notice suggesting an irregularity in connection with the conclusion and implementation of contracts or agreements concluded to implement the instruments referred to in this Agreement.
   Article 5
   Confidentiality
   Information communicated or acquired in any form under this Annex shall be covered by professional secrecy and protected in the same way as similar information is protected by Swiss law and by the corresponding provisions applicable to the Community institutions. Such information may not be communicated to persons other than those in the Community institutions, in the Member States or in Switzerland whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the Contracting Parties’ financial interests.
   Article 6
   Administrative measures and penalties
   Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the Commission in accordance with Regulation (EC, Euratom) No 1605/2002, Regulation (EC, Euratom) No 2342/2002 and Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (2).
   Article 7
   Recovery and enforcement
   Decisions taken by the Commission under the MEDIA 2007 programme within the scope of this Agreement which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland. The enforcement order shall be issued, without any checks other than verification of the authenticity of the act, by the authority designated by the Swiss government, which shall inform the Commission thereof without any undue delay. Enforcement shall take place in accordance with the Swiss rules of procedure. The legality of the enforcement decision shall be subject to control by the Court of Justice of the European Communities. Judgments of the Court of Justice of the European Communities and the Court of First Instance pursuant to an arbitration clause shall be enforceable on the same terms.

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

      (2)  OJ L 312, 23.12.1995, p. 1. Regulation as amended by Commission Regulation (EC) No 1233/2007 (OJ L 279, 23.10.2007, p. 10).
 ---documentbreak--- NA ---documentbreak---

               21.11.2007

               EN

               Official Journal of the European Union

               L 303/20

         FINAL ACT
   The plenipotentiaries:
   of the EUROPEAN COMMUNITY
   and
   of the SWISS CONFEDERATION,
   meeting at Brussels on the eleventh day of October in the year two thousand and seven, for the signature of the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, have adopted the following Joint Declarations, which are attached to this Final Act:
   Joint Declaration by the Contracting Parties on the development of a mutually beneficial dialogue on audiovisual policy.
   Joint Declaration by the Contracting Parties on the adaptation of the Agreement to the new Community Directive.
   They have also noted the following declarations, which are attached to this Final Act:

               Declaration of the Council on Swiss participation in committees.

               Declaration of the Council on Annex I to the Agreement.

      Съставено в Брюксел на единадесети октомври две хиляди и седма година.
      Hecho en Bruselas, el once de octubre de dos mil siete.
      V Bruselu dne jedenáctého října dva tisíce sedm.
      Udfærdiget i Bruxelles, den ellevte oktober to tusind og syv.
      Geschehen zu Brüssel am elften Oktober zweitausendsieben.
      Kahe tuhande seitsmenda aasta oktoobrikuu üheteistkümnendal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις ένδεκα Οκτωβρίου δύο χιλιάδες επτά.
      Done at Brussels on the eleventh day of October in the year two thousand and seven.
      Fait à Bruxelles, le onze octobre deux mille sept.
      Fatto a Bruxelles, addì undici ottobre duemilasette.
      Briselē, divtūkstoš septītā gada vienpadsmitajā oktobrī.
      Priimta du tūkstančiai septintųjų metų spalio vienuoliktą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-hetedik év október havának tizenegyedik napján.
      Magħmul fi Brussell, fil-ħdax-il jum ta' Ottubru tas-sena elfejn u sebgħa.
      Gedaan te Brussel, de elfde oktober tweeduizend zeven.
      Sporządzono w Brukseli, dnia jedenastego października roku dwa tysiące siódmego.
      Feito em Bruxelas, em onze de Outubro de dois mil e sete.
      Încħeiat la Bruxelles, unsprezece octombrie două mii șapte.
      V Bruseli jedenásteho októbra dvetisícsedem.
      V Bruslju, dne enajstega oktobra leta dva tisoč sedem.
      Tehty Brysselissä yhdentenätoista päivänä lokakuuta vuonna kaksituhattaseitsemän.
      Som skedde i Bryssel den elfte oktober tjugohundrasju.

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

         За Конфедерация Швейцария
         Por la Confederación Suiza
         Za Švýcarskou konfederaci
         For Det Schweiziske Forbund
         Für die Schweizerische Eidgenossenschaft
         Šveitsi Konföderatsiooni nimel
         Για την Ελβετική Συνομοσπονδία
         For the Swiss Confederation
         Pour la Confédération suisse
         Per la Confederazione svizzera
         Šveices Konfederācijas vārdā
         Šveicarijos Konfederacijos vardu
         a Svájci Államszövetség részéről
         Għall-Konfederazzjoni Żvizzera
         Voor de Zwitserse Bondsstaat
         W imieniu Konfederacji Szwajcarskiej
         Pela Confederação Suíça
         Pentru Confederația Elvețiană
         Za Švajčiarsku konfederáciu
         Za Švicarsko konfederacijo
         Sveitsin valaliiton puolesta
         På Schweiziska edsförbundets vägnar

   JOINT DECLARATION BY THE CONTRACTING PARTIES ON THE DEVELOPMENT OF A MUTUALLY BENEFICIAL DIALOGUE ON AUDIO-VISUAL POLICY
   The two Parties declare that, with a view to ensuring the proper implementation of the Agreement and consolidating the spirit of cooperation in matters relating to audio-visual policy, the development of a dialogue on these subjects is a matter of mutual interest. The two Parties declare that this dialogue will take place both within the Joint Committee established under the Agreement and in other arenas, wherever appropriate and whenever necessary. The two Parties declare that, with this in mind, representatives of Switzerland may be invited to meetings held on the fringe of meetings of the ‘Contact Committee’ established by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (1).

      (1)  OJ L 202, 30.7.1997, p. 60.
   JOINT DECLARATION BY THE CONTRACTING PARTIES ON THE ADAPTATION OF THE AGREEMENT TO THE NEW COMMUNITY DIRECTIVE
   The Parties declare that when a new Directive is adopted on the basis of the Commission proposal for a Directive of the European Parliament and of the Council amending Directive 89/552/EEC (COM(2005) 646 final), the Joint Committee shall decide on the updating of the reference in Article 1 of Annex I to the Directive 89/552/EEC as amended, with a reference to the above mentioned new Directive.
   DECLARATION OF THE COUNCIL ON SWISS PARTICIPATION IN COMMITTEES
   The Council agrees that Switzerland’s representatives shall, insofar as the items concern them, attend meetings of the MEDIA programme committees and expert groups as observers. These committees and expert groups shall meet without the Swiss representatives when voting.
   DECLARATION OF THE COUNCIL ON ANNEX I TO THE AGREEMENT
   For the good functioning of the Agreement,

               (i)

               corresponding to Switzerland’s commitment regarding the freedom of broadcast reception and retransmission, television broadcasts under the jurisdiction of Switzerland will be granted the same treatment that Switzerland applies to television broadcasts under the jurisdiction of a Member State of the Community, as established in Article 1 in this Annex;

               (ii)

               corresponding to Switzerland’s commitment to facilitate the application of provisions concerning the measures taken by the Member States to ensure the broadcasting of events of major importance for society, equal treatment to that given to Member States measures contemplated under Article 3a of the ‘Television without Frontiers’ Directive, shall be granted to measures taken or to be taken by Switzerland in this regard.


Avis juridique important

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E1994C0070

EFTA SURVEILLANCE AUTHORITY DECISION No 70/94/COL of 27 June 1994 concerning the status of Sweden with regard to infectious hematopoietic necrosis and viral haemorrhagic septicaemia

Official Journal L 247 , 22/09/1994 P. 0044 - 0044

EFTA SURVEILLANCE AUTHORITY DECISION No 70/94/COL of 27 June 1994 concerning the status of Sweden with regard to infectious hematopoietic necrosis and viral haemorrhagic septicaemia THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 5 of Chapter I of Annex I to the Agreement on the European Economic Area concerning the animal health conditions governing the placing on the market of aquaculture animals and products (Council Directive 91/67/EEC; hereinafter referred to as 'the Aquaculture Act`), and in particular Article 5 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (e) thereof,Whereas an EFTA State can obtain for one or more continental and coastal zones the status of approved zone free from certain diseases affecting fish and molluscs;Whereas Sweden, by letters dated 14 December 1993 and 3 March 1994, has submitted the appropriate justifications for granting, as far as infectious hematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) are concerned, the status of approved zone to its territory, as well as the national rules ensuring compliance with the conditions to be respected for maintenance of the approval status;Whereas, accordingly, Sweden should, as far as IHN and VHS are concerned, be granted the status of approved continental and coastal zone;Whereas, the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. Sweden is recognized as approved continental zone and approved coastal zone for fish with regard to infectious hematopoietec necrosis and viral haemorrhagic septicaemia.2. This Decision shall enter into force on 1 July 1994.3. This Decision is addressed to the EFTA States.4. This Decision shall be authentic in the English language.Done at Brussels, 27 June 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege Member