title: 2005/550/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Executive Director of the European Maritime Safety Agency in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/138

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Executive Director of the European Maritime Safety Agency in respect of the implementation of its budget for the financial year 2003
   (2005/550/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the 2003 financial year together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 8 March 2005 (6855/2005 — C6-0065/2005),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   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, and to Regulation (EC) No 1644/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (3) and in particular Article 19 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 (4) and, in particular, Article 94 thereof,
   having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0074/2005),

               1.

               Gives discharge to the Executive Director of the European Maritime Safety Agency in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 324, 30.12.2004, p. 16.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 10.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Executive Director of the European Maritime Safety Agency in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the 2003 financial year together with the Agency’s replies (1),
      having regard to the Council’s recommendation of 8 March 2005 (6855/2005 — C6-0065/2005),
      having regard to the EC Treaty, and in particular Article 276 thereof,
      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, and to Regulation (EC) No 1644/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (3) and in particular Article 19 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 (4) and, in particular, Article 94 thereof,
      having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
      having regard to the Report of the Committee on Budgetary Control (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned specific report, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2003 were reliable and that the underlying transactions, taken as a whole, were legal and regular.

                  B.

                  Whereas the European Parliament, in accordance with Article 185 of the Financial Regulation, exercises for the first time its competence to give discharge to the Agency’s Director in respect of the implementation of the Agency’s budget for the financial year 2003.

                  C.

                  Whereas in inaugurating this relationship with the Agency, Parliament is satisfied that its competent committee received information from the Agency as requested and looks forward to establishing a relation of close cooperation between its competent committees and the Agency,

            1.   Notes the following figures for the accounts of European Maritime Safety Agency for the financial year 2003:
      Revenue and expenditure account for the financial year 2003

                  (in EUR 1000)

                  2003

                  Revenue

                  Commission subsidies

                  2 630

                  Other revenue

                  2

                  Total revenue (a)

                  2 632

                  Expenditure

                  Staff — Title I of the budget

                  Payments

                  647

                  Appropriations carried over

                  66

                  Administration — Title II of the budget

                  Payments

                  238

                  Appropriations carried over

                  315

                  Operating expediture — Title III of the budget

                  Payments

                  13

                  Appropriations carried over

                  155

                  Total expenditure (b)

                  1 434

                  Outturn for the financial year (a – b)

                  1 198

                     NB: Totals may include differences due to rounding.

                     Source: Data from the Agency.

            2.   Notes the observations of the ECA in relation to problems encountered as regards compliance with the Financial Regulation (for example, on the lack of segregation of duties between financial actors or on delays in systems’ validation for supplying accounting information); also notes the ECA’s findings with regard to deficiencies in the application of the rules concerning the determination of remuneration and entitlements of recruited staff;
      3.   Notes the Agency’s replies indicating the measures taken in order to comply with the Court’s observations;
      4.   Takes the view that such deficiencies largely related to the fact that the Agency was in its start-up phase; invites the Agency to take further remedial action, where appropriate, so as to fully comply with the Court’s observations;
      5.   Regrets the absence of an equality plan and expects the Agency to develop a plan shortly in order to become an equal opportunities employer; expects the Agency not only to consider equality issues at the stage of recruitment but also to work proactively and on a long-term basis to promote gender equality;
      6.   Notes the starting situation of the Agency and the difficulties encountered by the Director in strictly enforcing the principle of gender mainstreaming in staff recruitment; asks the Agency to elaborate and implement before the end of 2005 a positive action plan similar to that applied within the European Institutions and to make a special effort as regards information and communication in order to encourage women to apply for the jobs in the Agency;
      7.   Regrets the absence of a communication strategy but expresses understanding since the Agency was in its start-up phase;
      8.   Expects the Agency to fully report on progress made in the Annual Activity Report for the financial year 2004;
      General points addressed to the Commission and the Agencies

                  9.

                  Recalls its position that while it supported the Commission’s efforts to establish a limited number of models, at least for future ‘regulatory’ agencies, it took the view that the structure of current and future agencies merited in-depth consideration at interinstitutional level; also stresses that before the Commission defines the framework conditions for the use of regulatory agencies an Interinstitutional Agreement should spell out common guidelines; this should happen before setting up a harmonised framework for the structure of the agencies;

                  10.

                  Notes the Commission’s position (5) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission’s core administration; takes the view that this does not answer Parliament’s call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (6);

                  11.

                  Invites the Commission to organise and perform in the medium term, e.g. on a standard three-year cycle, a cross-cutting analysis of the evaluations carried out on individual Agencies in order to:

                              (a)

                              reach conclusions with regard to the coherence of Agency activity with EU policies in general and as regards the synergies existing or to be developed between the agencies and Commission departments and the avoidance of overlapping between them;

                              (b)

                              make an assessment of the broader European added value of the Agencies’ outputs in their respective area of activity and of the relevance, efficiency and effectiveness of the Agency model in implementing or contributing to EU policies;

                              (c)

                              determine and enhance the impact of the Agencies’ actions in terms of the proximity, accessibility and visibility of the EU to its citizens;

                  12.

                  Expects such an overall analysis to be available by the end of 2005 so as to cover the three-year period from the time of the introduction of the new Financial Regulation and the consequent new framework in the Agencies’ system;

                  13.

                  Invites the Agencies to participate actively in such a process and to cooperate with the Commission, providing the necessary input on matters that they feel are of substance to their functioning, role, remit and needs, as well as on any matter which could help to improve the whole discharge procedure, with a view to contributing to the success of such a process and increasing the accountability and transparency of the Agencies; invites Agencies to present such input also to its competent committees;

                  14.

                  Calls on the Commission, in parallel with this exercise, to present by the end of 2005 at the latest, proposals for changes to be made in the existing Agencies’ Constituent Acts with a view, inter alia, to optimising its relationship with the Agencies; such proposals should aim at:

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

                              establishing or expanding cooperation in defining needs to be covered and objectives, outputs to be produced and the strategy to achieve them, and in setting standards for monitoring and evaluation;

                              (c)

                              enhancing complementary action, better organising the necessary resources and their effective allocation to produce results, and devising a communication strategy for dissemination of those results;

                  15.

                  Emphasises that, before any decision is taken to propose the creation of a new agency, the Commission must undertake a strict evaluation of the need and added value of the function of this agency, bearing in mind existing structures, the principles of subsidiarity, budgetary austerity and the simplification of procedures;

                  16.

                  Expects the Commission to present swiftly the guidelines concerning staff policy of the Agencies that Parliament had requested the Commission to present before the end of the 2005 budgetary procedure;

            General points addressed to the Agencies

                  17.

                  Expects to receive from now on, from each of the Agencies, the report summarising information on the audits carried out by the Internal Auditor, the recommendations made and the action taken on these recommendations in accordance with Article 72(5) of Regulation (EC, Euratom) No 2343/2002;

                  18.

                  Invites the Agencies to make further efforts to apply correctly the staff regulations and rules applicable to other civil servants with regard to their staff (recruitment procedures and relevant decisions taken, personal files, calculation of remuneration and other entitlements, promotions policy, percentage of vacant posts, quotas for respecting gender equality, etc.);

                  19.

                  Notes that, in general, the respective percentage of male and female employees in the overall staff composition of the Agencies shows that an imbalance between men and women exists; regrets that men make up about one third of staff and are over-represented in high grade positions while women are generally over-represented in low grade positions; expects the Agencies to take immediate and effective measures to correct this situation;

                  20.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (7) are introduced in their respective staff policies;

                  21.

                  Expects the Agencies, in response to the relevant observations of the ECA, to comply fully with the budgetary principles as set out in the Financial Regulation, in particular those of unity and budgetary accuracy; calls on the Agencies that have not yet done so to fulfil the Financial Regulation’s requirements on accounting matters and to strengthen further their procedures as regards internal management and control with the aim of increasing accountability, transparency and European added value;

                  22.

                  Encourages the Agencies, especially those whose activities have points in common with the activities or missions of other Agencies, to strengthen their cooperation, thus opening up opportunities for developing synergies; invites them to formalise, where appropriate, such cooperation through specific agreements (joint declarations, memoranda of understanding, decisions on joint planning and actions/programmes presenting complementary characteristics) so as to ensure that there is no duplication of work, that each Agency’s output is clearly identified and that the result of joint efforts maximises the added value and the impact of their work; expects to be informed regularly on this issue;

                  23.

                  Calls on the Agencies to pay special attention to procedures for the award and management of contracts; invites them to take all appropriate measures as regards their administrative structures in order to strengthen their internal control procedures, channels and management; takes the view that such measures may include, where necessary or feasible, the setting-up of specialised units entrusted with the task of advising, on the basis of risk analysis, on how best to prepare contract award procedures, to ensure monitoring and to carry out follow-up, as required; on this matter, calls on the Commission and the ECA to strengthen cooperation with the Agencies;

                  24.

                  Notes the difficulties to which some Directors, in particular of the ‘newly created’ Agencies, referred with regard to the Agencies’ compliance with the calendar and deadlines for reporting as set in the Financial Regulation; invites the Agencies’ Directors, in the perspective of the forthcoming review of the Financial Regulation to be held in 2005, to inform its Committees on Budgets and Budgetary Control of the difficulties encountered so far so that these may be considered in the framework of the review; expects the Directors to make specific proposals for alternative arrangements as to deadlines that may best suit their functioning requirements while respecting the reporting obligations of the Agencies as provided for in the Financial Regulation;

                  25.

                  Notes the positive response by the Agencies’ Directors to the call by Parliament’s committee responsible for preparing discharge for the establishment of a more precise system of communication, in particular as regards the transmission by the Agencies to that committee of documents relating to the Agencies’ reporting obligations; takes the view that better organisation of such communication will strengthen its cooperation with the Agencies and enhance democratic control;

                  26.

                  Invites the Directors of the Agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

                  27.

                  Invites the Agencies to develop a comprehensive strategy of communication addressing the need to make available, in the appropriate form, the results of their work to the general public beyond the presentation of such results to the Institutions, Member States’ competent services, specialists, partners or specific beneficiaries; calls on the Agencies, in view of the development of such a strategy, to intensify their cooperation and exchange information on best practice aimed at achieving this goal; expects its competent committees to be duly informed by the Agencies, before the next discharge exercise, on the progress made in devising such a strategy in order to ensure the effective and timely monitoring of their activities;

            General points addressed to the ECA and the Agencies

                  28.

                  Welcomes the ECA’s initiative to add a table to its specific reports on the Agencies presenting summary information on the competences, governance, resources available and products/output of the particular agency; takes the view that this enhances the clarity and transparency of the work of these Community bodies, while providing a useful basis for comparison, where appropriate, with a view to helping set up the harmonised framework for the Agencies that Parliament has called for;

                  29.

                  Invites the ECA and the Agencies to strengthen their cooperation in order to enhance the procedures and technical tools to improve the sound management of all the budgetary and finance issues, with the view to establishing a methodology that prepares the ground for a positive budget discharge from the start of the process; expects to be informed regularly of the progress made and the implementation of best practices;

                  30.

                  Calls on the ECA and the Agencies to enhance transparency in the procédure contradictoire prior to the ECA’s final report, so as to avoid any contradiction or ambiguity which could jeopardise the credibility of the whole exercise; in this respect, invites the ECA and the Commission to propose a feasible way of updating information on the improvements made and/or the problems found, from the time when the ECA’s preparatory report is first discussed until the time of the decision as to whether to grant discharge, in order to offer the most accurate picture of the situation of the Agencies.

         (1)  OJ C 324, 30.12.2004, p. 16.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 245, 29.9.2003, p. 10.

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

         (5)  As set out in Annex 1 to the Communication from the Commission to the Council and the European Parliament ‘Building our common future, policy challenges and budgetary means of the enlarged Union 2007-2013’, (COM(2004) 0101, p. 38).

         (6)  See Annex to the Commission’s report on the follow-up to 2002 Discharges (COM(2004) 0648, p. 108).

         (7)  OJ L 269, 5.10.2002, p. 15.


title: Council Decision 2012/328/CFSP of 25 June 2012 appointing the European Union Special Representative for Central Asia

text:
               26.6.2012

               EN

               Official Journal of the European Union

               L 165/59

         COUNCIL DECISION 2012/328/CFSP
   of 25 June 2012
   appointing the European Union Special Representative for Central Asia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 5 October 2006, the Council adopted Decision 2006/670/CFSP (1) appointing Mr Pierre MOREL as the European Union Special Representative (EUSR) for Central Asia. The EUSR’s mandate is to expire on 30 June 2012.

               (2)

               A EUSR for Central Asia should be appointed for the period from 1 July 2012 to 30 June 2013.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   Mrs Patricia FLOR is hereby appointed as the EUSR for Central Asia for the period from 1 July 2012 to 30 June 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The EUSR’s mandate shall be based on the Union’s policy objectives in Central Asia. These objectives include:

               (a)

               promoting good and close relations between the Union and the countries of Central Asia on the basis of common values and interests as set out in relevant agreements;

               (b)

               contributing to strengthening the stability and cooperation between the countries in the region;

               (c)

               contributing to strengthening democracy, the rule of law, good governance and respect for human rights and fundamental freedoms in Central Asia;

               (d)

               addressing key threats, especially specific problems with direct implications for Europe;

               (e)

               enhancing the Union’s effectiveness and visibility in the region, including through a closer coordination with other relevant partners and international organisations, such as the Organisation for Security and Cooperation in Europe (OSCE) and the United Nations.

         Article 3
   Mandate
   1.   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               promote overall Union political coordination in Central Asia and help to ensure consistency of the external actions of the Union in the region;

               (b)

               monitor, on behalf of the HR, together with the European External Action Service (EEAS) and the Commission, the implementation process of the EU Strategy for a New Partnership with Central Asia, complemented by subsequent progress reports on the implementation of the EU Strategy for Central Asia, make recommendations and report to relevant Council bodies on a regular basis;

               (c)

               assist the Council in further developing a comprehensive policy towards Central Asia;

               (d)

               follow closely political developments in Central Asia by developing and maintaining close contacts with governments, parliaments, the judiciary, civil society and mass media;

               (e)

               encourage Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan to cooperate on regional issues of common interest;

               (f)

               develop appropriate contacts and cooperation with the main interested actors in the region, and all relevant regional and international organisations, including the Shanghai Cooperation Organisation (SCO), the Eurasian Economic Community (EURASEC), the Conference on Interaction and Confidence-Building Measures in Asia (CICA), the Collective Security Treaty Organisation (CSTO), the Central Asia Regional Economic Cooperation Program (CAREC) and the Central Asian Regional Information and Coordination Centre (CARICC);

               (g)

               contribute to the implementation of the Union’s human rights policy and EU Guidelines on Human Rights, in particular with regard to women and children in conflict-affected areas, especially by monitoring and addressing developments in this regard;

               (h)

               contribute, in close cooperation with the OSCE, to conflict prevention and resolution by developing contacts with the authorities and other local actors such as non-governmental organisations, political parties, minorities, religious groups and their leaders;

               (i)

               provide input to the formulation of energy security, border security, including anti-narcotics, and water resource management, environment and climate change aspects of the common foreign and security policy with respect to Central Asia;

               (j)

               promote regional security within Central Asian borders as International Security Assistance Force (ISAF) troops begin to draw down.

         2.   The EUSR shall support the work of the HR and maintain an overview of all activities of the Union in the region.
   Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the EEAS and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2012 to 30 June 2013 shall be EUR 1 120 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR’s mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host party/parties, as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR’s direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of the team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the progress and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of the EUSR for Afghanistan. The EUSR shall provide regular briefings to Member States’ missions and the Union’s delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations and Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a progress report by the end of December 2012, and, at the end of the EUSR’s mandate, with a comprehensive report on the implementation of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 25 June 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 275, 6.10.2006, p. 65.

      (2)  OJ L 141, 27.5.2011, p. 17.


title: Council Decision of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons

text:
               18.6.2011

               EN

               Official Journal of the European Union

               L 160/19

         COUNCIL DECISION
   of 7 March 2011
   on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons
   (2011/350/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16 and 74, Article 77(2) and Article 79(2)(a) and (c), in conjunction with Article 218(6)(a), thereof,
   Having regard to the proposal of the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               Following the authorisation given to the Commission on 27 February 2006, negotiations with the Principality of Liechtenstein and the Swiss Confederation of a Protocol on the accession of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis have been finalised.

               (2)

               In accordance with Council Decisions 2008/261/EC (1) and 2008/262/JHA (2), and subject to its conclusion at a later date, the Protocol was signed on behalf of the European Community on 28 February 2008.

               (3)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (4)

               This Protocol should be approved.

               (5)

               As far as the development of the Schengen acquis is concerned, which falls under Part Three, Title V of the Treaty on the Functioning of the European Union, it is appropriate to make Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
                   (3) applicable, mutatis mutandis, to the relations with Liechtenstein.

               (6)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (4); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (7)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (5); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (8)

               This Decision does not prejudice the position of Denmark under the Protocol on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis and related documents are hereby approved on behalf of the European Union.
   The texts of the Protocol and the related documents are attached to this Decision.
   Article 2
   This Decision applies to the fields covered by the provisions listed in Article 2(1) and (2) of the Protocol and to their development to the extent that such provisions are not listed in Decisions 2000/365/EC and 2002/192/EC.
   Article 3
   The provisions of Articles 1 to 4 of Decision 1999/437/EC shall apply, in the same way, to the association of Liechtenstein with the implementation, application and development of the Schengen acquis.
   Article 4
   The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the European Union the Instrument of approval provided for in Article 9 of the Protocol, in order to express the consent of the European Union to be bound, and make the following notification:

      ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the Protocol as well as in the agreement are, where appropriate, to be understood as to “the European Union”.’

   Article 5
   This Decision shall enter into force on the day of its adoption.
   Article 6
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 7 March 2011.

            For the Council

            The President

         CZOMBA S.

      (1)  Council Decision 2008/261/EC of 28 February 2008 on the signature, on behalf of the European Community, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 83, 26.3.2008, p. 3).

      (2)  Council Decision 2008/262/JHA of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 83, 26.3.2008, p. 5).

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

      (4)  OJ L 131, 1.6.2000, p. 43.

      (5)  OJ L 64, 7.3.2002, p. 20.
   FINAL ACT
   The plenipotentiaries
   of the EUROPEAN UNION
   and
   of the EUROPEAN COMMUNITY
   and
   of the SWISS CONFEDERATION
   and
   of the PRINCIPALITY OF LIECHTENSTEIN,
   hereinafter referred to as ‘the Contracting Parties’,
   meeting in Brussels on the twenty-eighth day of February in the year 2008 for the signature of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, have adopted the Protocol.
   The plenipotentiaries of the Contracting Parties have taken note of the following Declarations listed below and annexed to this Final Act:

               —

               Joint Declaration of the Contracting Parties on the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union,

               —

               Joint Declaration of the Contracting Parties on Article 23(7) of the Convention of 29 May 2000 on mutual assistance in criminal matters between Member States of the European Union (1),

               —

               Declaration by the European Community and Liechtenstein on external relations,

               —

               Declaration by Liechtenstein on mutual assistance in criminal matters,

               —

               Declaration by Liechtenstein on Article 5(2)(b),

               —

               Declaration by Liechtenstein on the application of the European Convention on Mutual Assistance in Criminal Matters and the European Convention on Extradition,

               —

               Declaration by the European Community on the External Borders Fund for the period 2007-2013,

               —

               Declaration by the European Commission on the transmission of proposals,

               —

               Common Declarations on Joint Meetings.

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

         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-Komunità 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
         För Schweiziska edsförbundet

         За Княжество Лихтенщайн
         Por el Principado de Liechtenstein
         Za Lichtenštejnské knížectví
         For Fyrstendømmet Liechtenstein
         Für das Fürstentum Liechtenstein
         Liechtensteini Vürstiriigi nimel
         Για το Πριγκιπάτο του Λιχτενστάιν
         For the Principality of Liechtenstein
         Pour la Principauté de Liechtenstein
         Per il Principato del Liechtenstein
         Lihtenšteinas Firstistes vārdā
         Lichtenšteino Kunigaikštystės vardu
         A Liechtensteini Hercegség részéről
         Għall-Prinċipat ta' Liechtenstein
         Voor het Vorstendom Liechtenstein
         W imieniu Księstwa Liechtensteinu
         Pelo Principado do Liechtenstein
         Pentru Principatul Liechtenstein
         Za Lichtenštajnské kniežatstvo
         Za Kneževino Lihtenštajn
         Liechtensteinin ruhtinaskunnan puolesta
         För Furstendömet Liechtenstein

      (1)  OJ C 197, 12.7.2000, p. 1.
   JOINT DECLARATIONS OF THE CONTRACTING PARTIES

      JOINT DECLARATION OF THE CONTRACTING PARTIES ON THE EUROPEAN AGENCY FOR THE MANAGEMENT OF OPERATIONAL COOPERATION AT THE EXTERNAL BORDERS OF THE MEMBER STATES OF THE EUROPEAN UNION
      The Contracting Parties take note that further arrangements shall be concluded for the association of Switzerland and Liechtenstein to the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union following the example of the arrangements agreed with Norway and Iceland.

      JOINT DECLARATION OF THE CONTRACTING PARTIES ON ARTICLE 23(7) OF THE CONVENTION OF 29 MAY 2000 ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN UNION
      The Contracting Parties agree that Liechtenstein may, subject to the provisions of Article 23(1)(c) of the Convention on Mutual Assistance in Criminal Matters between Member States of the European Union, in the circumstances of a particular case, require, unless the Member State concerned has obtained the consent of the data subject, that personal data not be used for the purposes referred to in Article 23(1)(a) and (b) without the prior consent of Liechtenstein in proceedings in which Liechtenstein could have refused or restricted the transmission or use of personal data under the Convention or the instruments referred to in Article 1 thereof.
      If, in a particular case, Liechtenstein refuses to give its consent to a request from a Member State pursuant to the above provisions, it must give reasons for its decision in writing.

   OTHER DECLARATIONS

      DECLARATION BY EUROPEAN COMMUNITY AND LIECHTENSTEIN ON EXTERNAL RELATIONS
      The European Community and Liechtenstein agree that the European Community undertakes to encourage third countries or international organisations with which it concludes agreements in areas linked to Schengen cooperation, including the visa policy, to conclude similar agreements with the Principality of Liechtenstein, without prejudice to the latter’s competence to conclude such agreements.

      DECLARATION BY LIECHTENSTEIN ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
      Liechtenstein declares that tax offences being investigated by the Liechtenstein authorities may not give rise to an appeal before a court competent, inter alia, to hear criminal matters.

      DECLARATION BY LIECHTENSTEIN ON ARTICLE 5(2)(B)
      (Time limit for accepting new developments in the Schengen acquis)
      The maximum time limit of eighteen months laid down in Article 5(2)(b) covers both the approval and the implementation of the act or measure. It includes the following stages:

                  —

                  the preparatory stage,

                  —

                  the parliamentary procedure,

                  —

                  the referendum deadline of thirty days,

                  —

                  where applicable the referendum (organisation and voting),

                  —

                  the sanctioning of the ruling prince.

            The Government of Liechtenstein shall inform the Council and the Commission without delay of the completion of each of the stages.
      The Government of Liechtenstein undertakes to use every means at its disposal to ensure that the abovementioned stages are completed as swiftly as possible.

      DECLARATION BY LIECHTENSTEIN ON THE APPLICATION OF THE EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS AND THE EUROPEAN CONVENTION ON EXTRADITION
      Liechtenstein undertakes to refrain from invoking its reservations and declarations made when ratifying the European Convention on Extradition of 13 December 1957 and the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 in so far as they are incompatible with this Agreement.

      DECLARATION BY THE EUROPEAN COMMUNITY ON THE EXTERNAL BORDERS FUND FOR THE PERIOD 2007-13
      The European Community is currently establishing an External Borders Fund for the period 2007-13, for which further arrangements shall be concluded with the third countries associated with the Schengen acquis.

      DECLARATION OF THE EUROPEAN COMMISSION ON THE TRANSMISSION OF PROPOSALS
      When forwarding proposals relating to this Agreement to the Council of the European Union and to the European Parliament, the Commission shall forward copies of such proposals to Liechtenstein.
      Participation in Committees that assist the European Commission in the exercise of its executive powers:
      The Council authorised the Commission on 1 June 2006 to open negotiations with the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein with a view to concluding an agreement on the latters’ association with the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis.
      Until conclusion of such an agreement, the agreement in the form of an Exchange of Letters between the Council of the European Union and the Swiss Confederation on the committees that assist the European Commission in the exercise of its executive powers applies to Liechtenstein taking into account that as far as Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data (1) is concerned, the participation of Liechtenstein is laid down by Article 100 of the Agreement on the European Economic Area.

      COMMON DECLARATION ON JOINT MEETINGS
      The delegations representing the Governments of the Member States of the European Union,
      The delegation of the European Commission,
      The delegations representing the Governments of the Republic of Iceland and the Kingdom of Norway,
      The delegation representing the Government of the Swiss Confederation,
      The delegation representing the Government of the Principality of Liechtenstein,
      Note that Liechtenstein accedes to the Mixed Committee established by the Agreement on the association of Switzerland with the implementation, application and development of the Schengen acquis by way of a protocol to this Agreement.
      Have decided to organise the meetings of the Mixed Committees, established by the Agreement on the association of Iceland and Norway with the implementation, application and development of the Schengen acquis, on the one hand, and the Agreement on the association of Switzerland with the implementation, application and development of the Schengen acquis as complemented by the Protocol on the association of Liechtenstein, on the other hand, jointly, no matter the level of the meeting.
      Note that holding these meetings jointly calls for pragmatic arrangements regarding the office of presidency of such meetings when that presidency is to be held by the associated States according to the Agreement between the European Union, the European Community and the Swiss Confederation concerning the latter’s association with the implementation, application and development of the Schengen acquis as complemented by the Protocol on the association of Liechtenstein or the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis.
      Note the wish of the associated States to cede, as necessary, the exercise of their presidencies and rotate it among them in alphabetical order of name as of the entry into force of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the latter’s association with the implementation, application and development of the Schengen acquis and as of the entry into force of the Protocol on the association of Liechtenstein.

      (1)  OJ L 281, 23.11.1995, p. 31. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
    ---documentbreak---

               18.6.2011

               EN

               Official Journal of the European Union

               L 160/19

         PROTOCOL
   between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis

   THE EUROPEAN UNION
   and
   THE EUROPEAN COMMUNITY
   and
   THE SWISS CONFEDERATION
   and
   THE PRINCIPALITY OF LIECHTENSTEIN,
   hereinafter referred to as ‘the Contracting Parties’,
   HAVING REGARD TO the Agreement signed on 26 October 2004 between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
       (1) (‘the Association Agreement’),
   RECALLING that Article 16 thereof provides for the possibility of the Principality of Liechtenstein acceding to the Association Agreement by way of a Protocol,
   CONSIDERING the geographical situation of the Principality of Liechtenstein,
   CONSIDERING the close ties between the Principality of Liechtenstein and the Swiss Confederation, expressed by an area without internal border controls between the Principality of Liechtenstein and the Swiss Confederation,
   CONSIDERING the wish of the Principality of Liechtenstein to maintain and establish an area without border control with all Schengen countries and therefore to be associated with the Schengen acquis,
   WHEREAS the Agreement concluded on 18 May 1999 by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway (2) associated the latter two States with the implementation, application and development of the Schengen acquis,
   WHEREAS it is desirable that the Principality of Liechtenstein be associated on an equal footing with Iceland, Norway and Switzerland in the implementation, application and development of the Schengen acquis,
   WHEREAS a protocol should be concluded between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein providing for Liechtenstein to enjoy rights and obligations similar to those agreed between the Council of the European Union, of the one part, and Iceland and Norway, as well as Switzerland of the other part,
   WHEREAS the provisions of Title IV of the Treaty establishing the European Community and the acts adopted on the basis of that Title do not apply to the Kingdom of Denmark pursuant to the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, and whereas the decisions designed to develop the Schengen acquis in application of that Title which Denmark has transposed into its domestic law are only liable to create international-law obligations between Denmark and the other Member States,
   WHEREAS Ireland and the United Kingdom of Great Britain and Northern Ireland participate in certain provisions of the Schengen acquis, in accordance with the decisions taken pursuant to the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community (3),
   WHEREAS it is necessary to ensure that the States with which the European Union has established an association for the purpose of implementing, applying and developing the Schengen acquis also apply that acquis in their relations with each other,
   WHEREAS the smooth operation of the Schengen acquis requires that this Protocol be applied simultaneously with the agreements between the various parties associated with or participating in the implementation and development of the Schengen acquis governing their mutual relations,
   HAVING REGARD TO the Protocol on the accession of the Principality of Liechtenstein to the agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in one of the Member States or in Switzerland (4),
   BEARING IN MIND the link between the Schengen acquis and the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining a request for asylum lodged in one of the Member States and concerning the setting-up of the ‘Eurodac’ system,
   WHEREAS that link requires that the Schengen acquis be applied simultaneously with the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining a request for asylum lodged in one of the Member States and concerning the setting-up of the ‘Eurodac’ system,
   HAVE AGREED AS FOLLOWS:
   Article 1
   In accordance with Article 16 of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (‘the Association Agreement’), the Principality of Liechtenstein (hereinafter referred to as ‘Liechtenstein’) accedes to the Association Agreement under the terms and conditions set out in this Protocol.
   This accession creates reciprocal rights and obligations between the Contracting Parties in accordance with the rules and procedures set out herein.
   Article 2
   1.   The provisions of the Schengen acquis listed in Annex A and Annex B to the Association Agreement as they apply to the Member States of the European Union shall be implemented and applied by Liechtenstein under the conditions envisaged in those Annexes.
   2.   In addition, the provisions of the acts of the European Union and of the European Community listed in the Annex to this Protocol which have replaced or developed provisions of the Schengen acquis shall be implemented and applied by Liechtenstein.
   3.   The acts and measures taken by the European Union and the European Community amending or developing the provisions of the Schengen acquis, to which the procedures set out in the Association Agreement, in conjunction with this Protocol, have been applied, shall also, without prejudice to Article 5, be accepted, implemented and applied by Liechtenstein.
   Article 3
   The rights and obligations set out in Article 3(1) to (4), Articles 4 to 6, Articles 8 to 10, Article 11(2), (3) and (4), and Article 13 of the Association Agreement shall apply to Liechtenstein.
   Article 4
   The office of the President of the Mixed Committee as established by Article 3 of the Association Agreement shall, at the level of experts, be held by the representative of the European Union. At the level of senior officials and Ministers it shall alternately, for a period of 6 months, be held by the representative of the European Union and by the representative of the Government of Liechtenstein or Switzerland, respectively.
   Article 5
   1.   The adoption of new acts or measures related to the matters referred to in Article 2 shall be reserved to the competent institutions of the European Union. Subject to paragraph 2 of this article, such acts or measures shall enter into force simultaneously for the European Union, the European Community and their respective Member States concerned and for Liechtenstein, unless those acts or measures explicitly state otherwise. In this context, due account shall be taken of the period of time indicated by Liechtenstein in the Mixed Committee as being necessary to enable it to fulfil its constitutional requirements.

               2.

                           (a)

                           The Council of the European Union (‘the Council’) shall notify Liechtenstein immediately of the adoption of the acts or measures referred to in paragraph 1 to which the procedures set out in this Protocol have been applied. Liechtenstein shall decide whether to accept their contents and to implement them in its internal legal order. That decision shall be notified to the Council and to the Commission of the European Communities (‘the Commission’) within thirty days of the adoption of the acts or measures concerned.

                           (b)

                           If the contents of such an act or measure can become binding on Liechtenstein only after the fulfilment of constitutional requirements, Liechtenstein shall inform the Council and the Commission of this at the time of its notification. Liechtenstein shall promptly inform the Council and the Commission in writing upon fulfilment of all constitutional requirements. Where a referendum is not required, notification shall, at the latest, take place thirty days after the referendum deadline expires. If a referendum is required, Liechtenstein shall have eighteen months from the date of the Council’s notification within which to make its notification. From the date laid down for the entry into force of the act or measure for Liechtenstein and until it has given notification that the constitutional requirements have been met, Liechtenstein shall, where possible, implement the act or measure in question on a provisional basis.

         If Liechtenstein cannot implement the act or measure at issue on a provisional basis, and if this causes difficulties that disrupt the operation of Schengen cooperation, the situation shall be examined by the Mixed Committee. The European Union and the European Community may take proportionate, appropriate measures against Liechtenstein to ensure that Schengen cooperation operates smoothly.
   3.   Acceptance by Liechtenstein of the acts and measures referred to in paragraph 2 creates rights and obligations between Liechtenstein, on the one hand, and the European Union, the European Community and the Member States, in so far as they are bound by those acts and measures, and Switzerland on the other hand.
   4.   Where:

               (a)

               Liechtenstein notifies its decision not to accept the contents of an act or measure referred to in paragraph 2 and to which the procedures set out in this Protocol have been applied; or

               (b)

               Liechtenstein does not carry out notification within the thirty-day time limit referred to in paragraphs 2(a) or 5(a); or

               (c)

               Liechtenstein does not carry out the notification at the latest thirty days after the referendum deadline has expired or, in the case of a referendum, within the eighteen months time limit set out in paragraph 2(b), or does not provide for provisional implementation as envisaged in the same paragraph from the date laid down for the entry into force of the act or measure concerned.

         This Protocol shall be considered terminated unless the Mixed Committee, after carrying out a careful examination of ways of continuing the Protocol, decides otherwise within ninety days. Termination of this Protocol shall take effect 3 months after the expiry of the ninety-day period.

               5.

                           (a)

                           If provisions of a new act or measure have the effect of no longer allowing Member States to subject compliance with requests for mutual assistance in criminal matters or the recognition of orders from other Member States to search premises and/or to seize items of evidence to the conditions set out in Article 51 of the Convention Implementing the Schengen Agreement (5), Liechtenstein may notify the Council and the Commission within the period of thirty days referred to in paragraph 2, point (a) that it will not accept or implement those provisions in its internal legal order where they apply to search and seizure requests or orders made for the purposes of investigating or prosecuting offences in the field of direct taxation which, if committed in Liechtenstein, would not be punishable under Liechtenstein law with a custodial penalty. In that case this Protocol shall not be considered terminated, contrary to the provisions of paragraph 4.

                           (b)

                           The Mixed Committee shall convene within 2 months following a request by one of its members and, taking into account international developments, shall discuss the situation resulting from a notification pursuant to point (a).

         Once the Mixed Committee has unanimously reached an agreement on the full acceptance and implementation by Liechtenstein of the relevant provisions of the new act or measure, paragraphs 2, point (b), 3 and 4 shall apply. The information referred to in the first sentence of paragraph 2, point (b) shall be provided within thirty days of the agreement reached in the Mixed Committee.
   Article 6
   In fulfilling its obligation with regard to the Schengen Information System and the Visa Information System, Liechtenstein may use the technical infrastructure of Switzerland for its access to these systems.
   Article 7
   As regards the administrative costs associated with implementing this Protocol, Liechtenstein shall make an annual contribution to the general budget of the European Union of 0,071 % of an amount of EUR 8 100 000, subject to annual adjustment to reflect inflation in the European Union.
   Article 8
   1.   This Protocol shall not affect the Agreement on the European Economic Area or any other agreement concluded between the European Community and Liechtenstein.
   2.   This Protocol shall not affect the agreements binding Liechtenstein, of the one part, and one or more Member States, of the other part, in so far as they are compatible with this Protocol. If such agreements are incompatible with this Protocol, the latter shall prevail.
   3.   This Protocol shall not affect in any respect any future agreements concluded with Liechtenstein by the European Community, or between the European Community and its Member States, of the one part, and Liechtenstein, of the other part, or agreements concluded on the basis of Articles 24 and 38 of the Treaty on European Union.
   4.   This Protocol shall not affect agreements between Liechtenstein and Switzerland insofar as they are compatible with this Protocol. If such agreements are incompatible with this Protocol, the latter shall prevail.
   Article 9
   1.   This Protocol shall enter into force 1 month after the day on which the Secretary-General of the Council, in his capacity as its depositary, has established that all the formal requirements have been met as regards the expression of consent by, or on behalf of, the Parties to be bound by this Protocol.
   2.   Articles 1, 4, and Article 5(2)(a) first sentence, of this Protocol and the rights and obligations set out in Articles 3(1) to (4), and Articles 4 to 6 of the Association Agreement shall apply provisionally to Liechtenstein as of the date on which this Protocol is signed.
   3.   With respect to acts or measures adopted after this Protocol has been signed but before it enters into force, the thirty-day period referred to in Article 5(2)(a), last sentence shall start to run from the day of entry into force of this Protocol.
   Article 10
   1.   The provisions referred to in Article 2 shall be put into effect by Liechtenstein on a date to be fixed by the Council, acting by unanimity of its Members representing the governments of those Member States which apply all the provisions referred to in Article 2 after consulting the Mixed Committee and after having satisfied itself that the preconditions for implementation of the relevant provisions have been fulfilled by Liechtenstein.
   The Members of the Council representing the governments of Ireland and the United Kingdom of Great Britain and Northern Ireland respectively shall be involved in taking this decision insofar as it relates to the provisions of the Schengen acquis and the acts based on it or related to it in which those Member States participate.
   The Members of the Council representing the governments of the Member States to which, in accordance with their Treaty of Accession, only some of the provisions referred to in Article 2 apply shall be involved in taking this decision insofar as it relates to the provisions of the Schengen acquis that are already applicable to their respective Member States.
   2.   Implementation of the provisions referred to in paragraph 1 shall create rights and obligations between Switzerland and Liechtenstein, of the one part and between Liechtenstein, and, the European Union, the European Community and the Member States, as appropriate, insofar as they are bound by these provisions, of the other part.
   3.   This Protocol shall be applied only if the Agreements to be concluded by Liechtenstein and referred to in Article 13 of the Association Agreement are implemented.
   4.   Moreover, this Protocol shall be applied only if the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland is also implemented.
   Article 11
   1.   This Protocol may be denounced by Liechtenstein or by Switzerland or by decision of the Council acting by unanimity of its Members. The depositary shall be notified of denunciation, which shall take effect 6 months after notification.
   2.   In case of denunciation by Switzerland of this Protocol or of the Association Agreement, or in case of the termination of the Association Agreement with respect to Switzerland, the Association Agreement and this Protocol shall remain in force with respect to the relations between the European Union and the European Community on the one part and Liechtenstein on the other part. In such a case, the Council shall decide, after consulting Liechtenstein, on the necessary measures. However, those measures shall be binding upon Liechtenstein only if Liechtenstein accepts them.
   3.   This Protocol shall be considered to have been terminated if Liechtenstein terminates one of the agreements referred to in Article 13 of the Association Agreement that have been concluded by Liechtenstein or terminates the Protocol referred to in Article 10(4).
   Article 12
   This Protocol shall be drawn up in triplicate 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 text being equally authentic.
   In witness whereof, the undersigned plenipotentiaries have hereunto set their hands.

      Съставено в Брюксел на двадесет и осми февруари две хиляди и осма година.
      Hecho en Bruselas, el veintiocho de febrero de dos mil ocho.
      V Bruselu dne dvacátého osmého února dva tisíce osm.
      Udfærdiget i Bruxelles den otteogtyvende februar to tusind og otte.
      Geschehen zu Brüssel am achtundzwanzigsten Februar zweitausendacht.
      Kahe tuhande kaheksanda aasta veebruarikuu kahekümne kaheksandal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Φεβρουαρίου δύο χιλιάδες οκτώ.
      Done at Brussels on the twenty-eighth day of February in the year two thousand and eight.
      Fait à Bruxelles, le vingt-huit février deux mille huit.
      Fatto a Bruxelles, addì ventotto febbraio duemilaotto.
      Briselē, divtūkstoš astotā gada divdesmit astotajā februārī.
      Priimta du tūkstančiai aštuntų metų vasario dvidešimt aštuntą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-nyolcadik év február huszonnyolcadik napján.
      Magħmul fi Brussell, fit-tmienja u għoxrin jum ta’ Frar tas-sena elfejn u tmienja.
      Gedaan te Brussel, de achtentwintigste februari tweeduizend acht.
      Sporządzono w Brukseli dnia dwudziestego ósmego lutego roku dwa tysiące ósmego.
      Feito em Bruxelas, em vinte e oito de Fevereiro de dois mil e oito.
      Încheiat la Bruxelles, la douăzeci și opt februarie în anul două mii opt.
      V Bruseli dňa dvadsiateho ôsmeho februára dvetisícosem.
      V Bruslju, dne osemindvajsetega februarja leta dva tisoč osem.
      Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä helmikuuta vuonna kaksituhattakahdeksan.
      Som skedde i Bryssel den tjugoåttonde februari tjugohundraåtta.

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

         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-Komunità 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 Švajčiarskou konfederáciu
         Za Švicarsko konfederacijo
         Sveitsin valaliiton puolesta
         För Schweiziska edsförbundet

         За Княжество Лихтенщайн
         Por el Principado de Liechtenstein
         Za Lichtenštejnské knížectví
         For Fyrstendømmet Liechtenstein
         Für das Fürstentum Liechtenstein
         Liechtensteini Vürstiriigi nimel
         Για το Πριγκιπάτο του Λιχτενστάιν
         For the Principality of Liechtenstein
         Pour la Principauté de Liechtenstein
         Per il Principato del Liechtenstein
         Lihtenšteinas Firstistes vārdā
         Lichtenšteino Kunigaikštystės vardu
         A Liechtensteini Hercegség részéről
         Għall-Prinċipat ta’ Liechtenstein
         Voor het Vorstendom Liechtenstein
         W imieniu Księstwa Liechtensteinu
         Pelo Principado do Liechtenstein
         Pentru Principatul Liechtenstein
         Za Lichtenštajnské kniežatstvo
         Za Kneževino Lihtenštajn
         Liechtensleinin ruhtinaskunnan puolesta
         För Furstendömet Liechtenstein

      (1)  OJ L 53, 27.2.2008, p. 52.

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

      (3)  OJ L 64, 7.3.2002, p. 20 and OJ L 131, 1.6.2000, p. 43, respectively.

      (4)  See page 39 of this Official Journal.

      (5)  Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19).
   ANNEX

      Annex to the protocol on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis

   Provisions referred to in Article 2(2), to be applied by Liechtenstein from the date set by the Council in accordance with Article 10:

               —

               Council Regulation (EC) No 2007/2004/EC of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1),

               —

               Council Regulation (EC) No 2252/2004/EC of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1); Commission Decision of 28.2.2005 laying down the technical specifications on the standards for security features and biometrics in passports and travel documents issued by Member States (C(2005) 409 final) and Commission Decision of 28 June 2006 laying down the technical specifications on the standards for security features and biometrics in passports and travel documents issued by Member States (C(2006) 2909 final),

               —

               Council Decision No 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44),

               —

               Council Decision 2005/719/JHA of 12 October 2005 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 271, 15.10.2005, p. 54),

               —

               Council Decision 2005/727/JHA of 12 October 2005 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including the fight against terrorism (OJ L 273, 19.10.2005, p. 25),

               —

               Council Decision 2006/228/JHA of 9 March 2006 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including the fight against terrorism (OJ L 81, 18.3.2006, p. 45),

               —

               Council Decision 2006/229/JHA of 9 March 2006 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 81, 18.3.2006, p. 46),

               —

               Council Decision 2006/631/JHA of 24 July 2006 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 256, 20.9.2006, p. 18),

               —

               Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (OJ L 83, 1.4.2005, p. 48),

               —

               Commission Decision of 15 December 2005 laying down detailed rules for the implementation of Council Decision 2005/267/EC establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (C(2005) 5159 final),

               —

               Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism (OJ L 141, 4.6.2005, p. 3),

               —

               Council Decision 2005/451/JHA of 13 June 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 158, 21.6.2005, p. 26),

               —

               Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 July 2005 amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, as regards access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles (OJ L 191, 22.7.2005, p. 18),

               —

               Recommendation 2005/761/EC of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research (OJ L 289, 3.11.2005, p. 23),

               —

               Commission Decision of 29 September 2005 (2005/687/EC) on the format for the report on the activities of immigration liaison officers networks and on the situation in the host country in matters relating to illegal immigration (OJ L 264, 8.10.2005, p. 8),

               —

               Council Decision 2005/728/JHA of 12 October 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 273, 19.10.2005, p. 26),

               —

               Regulation (EC) No 2046/2005 of the European Parliament and of the Council of 14 December 2005 relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2006 Olympic and/or Paralympic Winter Games in Turin (OJ L 334, 20.12.2005, p. 1),

               —

               Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1),

               —

               Council Decision (2006/440/EC) of 1 June 2006 amending Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual on the fees to be charged corresponding to the administrative costs of processing visa applications (OJ L 175, 29.6.2006, p. 77),

               —

               Council Decision (2006/628/EC) of 24 July 2006 fixing the date of application of Article 1(4) and (5) of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 256, 20.9.2006, p. 15),

               —

               Commission Decision (2006/648/EC) of 22 September 2006 laying down the technical specifications on the standards for biometric features related to the development of the Visa Information System, (OJ L 267, 27.9.2006, p. 41),

               —

               Corrigendum to Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 271, 30.9.2006, p. 85),

               —

               Commission Decision (2006/757/EC) of 22 September 2006 on amending the Sirene Manual (OJ L 317, 16.11.2006, p. 1),

               —

               Commission Decision (2006/758/EC) of 22 September 2006 on amending the Sirene Manual (OJ L 317, 16.11.2006, p. 41),

               —

               Council Decision (2006/684/EC) of 5 October 2006 amending Annex 2, Schedule A, to the Common Consular Instructions on the visa requirements for holders of Indonesian diplomatic and service passports (OJ L 280, 12.10.2006, p. 29),

               —

               Commission Decision (2006/752/EC) of 3 November 2006 establishing the sites for the Visa Information System during the development phase (OJ L 305, 4.11.2006, p. 13),

               —

               Commission Recommendation of 6 November 2006 establishing a common ‘Practical Handbook for Border Guards (Schengen Handbook)’ to be used by Member States’ competent authorities when carrying out the border control of persons (C(2006) 5186 final),

               —

               Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union, (OJ L 386, 29.12.2006, p. 89 and Corrigendum in OJ L 75, 15.3.2007, p. 26),

               —

               Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (OJ L 381, 28.12.2006, p. 1),

               —

               Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4),

               —

               Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405, 30.12.2006, p. 1. Corrected version in OJ L 29, 3.2.2007, p. 3),

               —

               Council Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 405, 30.12.2006, p. 23. Corrected version in OJ L 29, 3.2.2007, p. 10),

               —

               Council Regulation (EC) No 1988/2006 of 21 December 2006 amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) (OJ L 411, 30.12.2006, p. 1. Corrected version in OJ L 27, 2.2.2007, p. 3),

               —

               Council Decision 2006/1007/JHA of 21 December 2006 amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) (OJ L 411, 30.12.2006, p. 78. Corrected version in OJ L 27, 2.2.2007, p. 43),

               —

               Commission Decision (2007/170/EC) of 16 March 2007 laying down the network requirements for the Schengen Information System II (1st pillar) (OJ L 79, 20.3.2007, p. 20),

               —

               Commission Decision (2007/171/EC) of 16 March 2007 laying down the network requirements for the Schengen Information System II (3rd pillar) (OJ L 79, 20.3.2007, p. 29),

               —

               Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (OJ L 144, 6.6.2007, p. 22),

               —

               Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 205, 7.8.2007, p. 63),

               —

               Council Decision 2007/472/EC of 25 June 2007 amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS) (OJ L 179, 7.7.2007, p. 50),

               —

               Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers (OJ L 199, 31.7.2007, p. 30),

               —

               Council Decision 2007/519/EC of 16 July 2007 amending Part 2 of the Schengen consultation network (technical specifications) (OJ L 192, 24.7.2007, p. 26),

               —

               Commission Decision (2007/599/EC) of 27 August 2007 implementing Decision No 574/2007/EC of the European Parliament and of the Council as regards the adoption of strategic guidelines for 2007 to 2013 (OJ L 233, 5.9.2007, p. 3),

               —

               Council Decision (2007/866/EC) of 6 December 2007 amending Part 1 of the Schengen consultation network (technical specifications) (OJ L 340, 22.12.2007, p. 92).


Avis juridique important

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31980D0365

80/365/EEC: Council Decision of 26 March 1980 under the Treaties, concerning the fishery activities in waters under the sovereignty or jurisdication of Member States, taken on a temporary basis pending the adoption of permanent Community measures

Official Journal L 084 , 28/03/1980 P. 0041

++++COUNCIL DECISION  OF 26 MARCH 1980  UNDER THE TREATIES , CONCERNING FISHERY ACTIVITIES IN WATERS UNDER THE SOVEREIGNTY OR JURISDICTION OF MEMBER STATES , TAKEN ON A TEMPORARY BASIS PENDING THE ADOPTION OF PERMANENT COMMUNITY MEASURES   ( 80/365/EEC )  THE COUNCIL INTENDS TO REACH AN AGREEMENT AS EARLY AS POSSIBLE IN 1980 ON FURTHER COMMUNITY MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES AND RELATED MATTERS . PENDING ITS DECISION IN THE MATTER AND IN VIEW BOTH OF ARTICLE 102 OF THE ACT OF ACCESSION AND OF THE NEED TO PROTECT THE BIOLOGICAL RESOURCES AND TO MAINTAIN SUITABLE RELATIONS WITH THIRD COUNTRIES IN FISHERIES MATTERS , THE COUNCIL HAS DECIDED ON THE FOLLOWING INTERIM MEASURES WHICH WILL APPLY FROM 1 APRIL 1980 UNTIL THE COUNCIL HAS REACHED A DEFINITIVE AGREEMENT OR UNTIL 30 JUNE 1980 , WHICHEVER IS THE EARLIER :  1 . MEMBER STATES SHALL CONDUCT THEIR FISHING ACTIVITIES IN SUCH A WAY AS TO TAKE INTO ACCOUNT THE TOTAL ALLOWABLE CATCHES ( TACS ) AND THE PART OF THE TACS MADE AVAILABLE TO THIRD COUNTRIES UNDER AGREEMENTS OR ARRANGEMENTS MADE WITH THEM , AS GIVEN IN REGULATION ( EEC ) NO 753/80 ( 1 ) , AND SHALL INFORM THE COMMISSION IN ACCORDANCE WITH REGULATION ( EEC ) NO 754/80 ( 2 ) . THE CATCHES TAKEN IN THE INTERIM PERIOD WILL BE OFFSET AGAINST THE ALLOCATIONS EVENTUALLY DECIDED UPON BY THE COUNCIL FOR 1980 .  2 . AS REGARDS TECHNICAL MEASURES FOR THE CONSERVATION AND SURVEILLANCE OF FISHERY RESOURCES , MEMBER STATES SHALL APPLY THE SAME MEASURES AS THEY APPLIED ON 3 NOVEMBER 1976 , AND OTHER MEASURES TAKEN IN ACCORDANCE WITH THE PROCEDURES AND CRITERIA OF ANNEX VI TO THE COUNCIL RESOLUTION OF 3 NOVEMBER 1976 .  DONE AT BRUSSELS , 26 MARCH 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . MARCORA  ( 1 ) SEE PAGE 33 OF THIS OFFICIAL JOURNAL .  ( 2 ) SEE PAGE 36 OF THIS OFFICIAL JOURNAL .