Avis juridique important

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31998D0106

98/106/CFSP: Council Decision of 26 January 1998 amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods

Official Journal L 032 , 06/02/1998 P. 0001 - 0012

COUNCIL DECISION of 26 January 1998 amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods (98/106/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.3 thereof,Having regard to the general guidelines given by the European Council held at Lisbon on 26 and 27 June 1992,Having regard to Decision 94/942/CFSP (1),Whereas Annex I to Decision 94/942/CFSP should be updated in order to take into account developments in the Nuclear Suppliers' Group and the Missile Technology Control Regime,HAS DECIDED AS FOLLOWS:Article 1 The list of dual-use goods in Annex I to Decision 94/942/CFSP, referred to in Article 2 of that Decision and in Article 3(1) of Council Regulation (EC) No 3381/94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods (2), shall be amended in accordance with the Annex hereto.Article 2 This Decision shall be published in the Official Journal.Article 3 This Decision shall enter into force on the day of its publication.It shall apply from the 30th day following the date of its publication.Done at Brussels, 26 January 1998.For the CouncilThe PresidentR. COOK(1) OJ L 367, 31.12.1994, p. 8. Decision as last amended by Decision 97/633/CFSP (OJ L 266, 29.9.1997, p. 1).(2) OJ L 367, 31.12.1994, p. 1. Regulation as amended by Regulation (EC) No 837/95 (OJ L 90, 21.4.1995, p. 1).ANNEX The list of dual-use goods in Annex I to Decision 94/942/CFSP, as last amended by Decision 97/633/CFSP, shall be amended as follows:(1) Under the headline 'acronyms and abbreviations used in this index` the following acronyms and meanings shall be inserted:'AVLIS Atomic vapour "laser" isotope separationCRISLA Chemical reaction by isotope selective "laser" activationMLIS molecular "laser" isotope separation`.(2) The nuclear technology note shall be replaced by the following:'NUCLEAR TECHNOLOGY NOTE (NTN)(To be read in conjunction with section E of Category 0)The "technology" directly associated with any goods controlled in Category 0 is controlled according to the provisions of Category 0."Technology" for the "development" , "production" or "use" of goods under control remains under control even when applicable to non-controlled goods.The approval of goods for export also authorises the export to the same end-user of the minimum "technology" required for the installation, operation, maintenance and repair of the goods.Controls on "technology" transfer do not apply to information "in the pubic domain" or to "basic scientific research".(3) Changes to definitions of terms1. The definitions for the following terms shall be replaced as follows:'"effective gramme" (0 1) of "special fissile material" means:a. for plutonium isotopes and uranium-233, the isotope weight in grammes;b. for uranium enriched 1 per cent or greater in the isotope uranium-235, the element weight in grammes multiplied by the square of its enrichment expressed as a decimal weight fraction;c. for uranium enriched below 1 per cent in the isotope uranium-235, the element weight in grammes multiplied by 0,0001."Special fissile material" (0) means plutonium-239, uranium-233, "uranium enriched in the isotopes 235 or 233", and any material containing the foregoing.`2. The following definitions of terms shall be inserted:'"Materials resistant to corrosion by UF6" (0) may be copper, stainless steel, aluminium, aluminium oxide, aluminium alloys, nickel or alloy containing 60 weight per cent or more nickel and UF6-resistant fluorinated hydrocarbon polymers, as appropriate for the type of separation process.`3. The definition of the term 'Boron equivalent` shall be deleted.4. The definition of the term 'Other fissile materials` shall be deleted.(4) Category 0 shall be replaced by the following text:'0A SYSTEMS, EQUIPMENT AND COMPONENTS0A001 "Nuclear reactors" and specially designed or prepared equipment and components therefor, as follows:a. "nuclear reactors" capable of operation so as to maintain a controlled self-sustaining fission chain reaction;b. metal vessels, or major shop-fabricated parts therefor, specially designed or prepared to contain the core of a "nuclear reactor", including the reactor vessel head for a reactor pressure vessel;c. manipulative equipment specially designed or prepared for inserting or removing fuel in a "nuclear reactor".d. control rods specially designed or prepared for the control of the fission process in a "nuclear reactor", support or suspension structures therefor, rod drive mechanisms and rod guide tubes;e. pressure tubes specially designed or prepared to contain fuel elements and the primary coolant in a "nuclear reactor" at an operating pressure in excess of 5,1 MPa;f. zirconium metal and alloys in the form of tubes or assemblies of tubes in which the ratio of hafnium of zirconium is less than 1:500 parts by weight, specially designed or prepared for use in "nuclear reactor";g. coolant pumps specially designed or prepared for circulating the primary coolant of "nuclear reactors";h. "nuclear reactor internals" specially designed or prepared for use in a "nuclear reactor", including support columns for the core, fuel channels, thermal shields, baffles, core grid plates, and diffuser plates;Note: In entry 0A001.h, "nuclear reactor internals" means any major structure within a reactor vessel which has one or more functions such as supporting the core, maintaining fuel alignment, directing primary coolant flow, providing radiation shields for the reactor vessel, and guiding in-core instrumentations.i. heat exchangers (steam generators) specially designed or prepared for use in the primary coolant circuit of a "nuclear reactor";j. neutron detection and measuring instruments specially designed or prepared for determining neutron flux levels within the core of a "nuclear reactor".0B TEST, INSPECTION AND PRODUCTION EQUIPMENT0B001 Plant for the separation of isotopes of "natural uranium", "depleted uranium" and "special fissile materials", and specially designed or prepared equipment and components therefor, as follows:a. plant specially designed for separating isotopes of "natural uranium", "depleted uranium", and "special fissile materials", as follows:1. gas centrifuge separation plant;2. gaseous diffusion separation plant;3. aerodynamic separation plant;4. chemical exchange separation plant;5. ion-exchange separation plant;6. atomic vapour "laser" isotope separation (AVLIS) plant;7. molecular "laser" isotope separation (MLIS) plant;8. plasma separation plant;9. electro magnetic separation plant;b. gas centrifuges and assemblies and components, specially designed or prepared for gas centrifuge separation process, as follows:Note: In 0B001.b, "high strength-to-density ratio material" means any of the following:a. maraging steel capable of an ultimate tensile strength of 2 050 MPa more;b. aluminium alloys capable of an ultimate tensile strength of 460 MPa or more; orc. "fibrous or filamentary materials" with a "specific modulus" of more than 3,18 × 106 m and a "specific tensile strength" greater than 76,2 × 103 m;1. gas centrifuges;2. complete rotor assemblies;3. rotor tube cylinders with a wall thickness of 12 mm or less, a diameter of between 75 mm and 400 mm, made from "high strength-to-density ratio materials";4. rings or bellows with a wall thickness of 3 mm or less and a diameter of between 75 mm and 400 mm and designed to give local support to a rotor tube or to join a number together, made from "high strength-to-density ratio materials";5. baffles of between 75 mm and 400 mm diameter for mounting inside a rotor tube, made from "high strength-to-density ratio materials".6. top or bottom caps of between 75 mm and 400 mm diameter to fit the ends of a rotor tube, made from "high strength-to-density ratio materials";7. magnetic suspension bearings consisting of an annular magnet suspended within a housing made of or protected by "materials resistant to corrosion by UF6" containing a damping medium and having the magnet coupling with a pole piece or second magnet fitted to the top cap of the rotor;8. specially prepared bearings comprising a pivot-cup assembly mounted on a damper;9. molecular pumps comprised of cylinders having internally machined or extruded helical grooves and internally machined bores;10. ring-shaped motor stators for multiphase AC hysteresis (or reluctance) motors for synchronous operation within a vacuum in the frequency range of 600 to 2 000 Hz and a power range of 50 to 1 000 Volt-Amps;11. centrifuge housing/recipients to contain the rotor tube assembly of a gas centrifuge, consisting of a rigid cylinder of wall thickness up to 30 mm with precision machined ends and made of or protected by "materials resistant to corrosion by UF6";12. scoops consisting of tubes of up to 12 mm internal diameter for the extraction of UF6 gas from within a centrifuge rotor tube by a Pitot tube action, made of or protected by "materials resistant to corrosion by UF6";13. frequency changers (converters or inverters) specially designed or prepared to supply motor stators for gas centrifuge enrichment, having all of the following characteristics, and specially designed components therefor:a. multiphase output of 600 to 2 000 Hz;b. frequency control better than 0,1 %;c. harmonic distortion of less than 2 %; andd. an efficiency greater than 80 %;c. equipment and components, specially designed or prepared for gaseous diffusion separation process, as follows:1. gaseous diffusion barriers made of porous metallic, polymer or ceramic "materials resistant to corrosion by UF6" with a pore size of 10 to 100 nm, a thickness of 5 mm or less, and, for tubular forms, a diameter of 25 mm or less;2. gaseous diffuser housings made of or protected by "materials resistant to corrosion by UF6";3. compressors (positive displacement, centrifugal and axial flow types) or gas blowers with a suction volume capacity of 1 m3/min or more of UF6, and discharge pressure up to 666,7 kPa, made of or protected by "materials resistant to corrosion by UF6";4. rotary shaft seals for compressors or blowers specified in 0B001.c.3. and designed for a buffer gas in-leakage rate of less than 1 000 cm3/min.;5. heat exchangers made of aluminium, copper, nickel, or alloys containing more than 60 per cent nickel, or combinations of these metals as clad tubes, designed to operate at sub-atmospheric pressure with a leak rate that limits the pressure rise to less than 10 Pa per hour under a pressure differential of 100 kPa;6. bellow valves made of or protected by "materials resistant to corrosion by UF6", with a diameter of 40 mm to 1 500 mm;d. equipment and components, specially designed or prepared for aerodynamic separation process, as follows:1. separation nozzles consisting of slit-shaped, curved channels having a radius of curvature less than 1 mm, resistant to corrosion by UF6, and having a knife-edge contained within the nozzle which separates the gas flowing through the nozzle into two streams;2. tangential inlet flow-driven cylindrical or conical tubes (vortex tubes), made of or protected by "materials resistant to corrosion by UF6", with a diameter of between 0,5 cm and 4 cm and a length to diameter ratio of 20:1 or less and with one or more tangential inlets;3. compressors (positive displacement, centrifugal and axial flow types) or gas blowers with a suction volume capacity of 2 m3/min, made of or protected by "materials resistant to corrosion by UF6", and rotary shaft seals therefor;4. heat exchangers made of or protected by "materials resistant to corrosion by UF6";5. aerodynamic separation element housings, made of or protected by "materials resistant to corrosion by UF6" to contain vortex tubes or separation nozzles;6. bellows valves made of or protected by "materials resistant to corrosion by UF6", with a diameter of 40 to 1 500 mm;7. process systems for separating UF6 from carrier gas (hydrogen or helium) to 1 ppm UF6 content or less, including:a. cryogenic heat exchangers and cryoseparators capable of temperatures of 153 K (-120 °C) or less;b. cryogenic refrigeration units capable of temperatures of 153 K (-120 °C) or less;c. separation nozzle or vortex tube units for the separation of UF6 from carrier gas;d. UF6 cold traps capable of temperatures of 253 K (-20 °C) or less;e. equipment and components, specially designed or prepared for chemical exchange separation process, as follows:1. fast-exchange liquid-liquid pulse columns with stage residence time of 30 seconds or less and resistant to concentrated hydrochloric acid (e. g. made of or protected by suitable plastic materials such as fluorocarbon polymers or glass);2. fast-exchange liquid-liquid centrifugal contactors with stage residence time of 30 seconds or less and resistant to concentrated hydrochloric acid (e.g. made of or protected by suitable plastic materials such as fluorocarbon polymers or glass);3. electrochemical reduction cells resistant to concentrated hydrochloric acid solutions, for reduction of uranium from one valence state to another;4. electrochemical reduction cells feed equipment to take U+4 from the organic stream and, for those parts in contact with the process stream, made of or protected by suitable materials (e.g. glass, fluorocarbon polymers, polyphenyl sulphate, polyether sulfone and resin-impregnated graphite);5. feed preparation systems for producing high purity uranium chloride solution consisting of dissolution, solvent extraction and/or ion exchange equipment for purification and electrolytic cells for reducing the uranium U+6 or U+4 to U+3;6. uranium oxidation systems for oxidation of U+3 to U+4;f. equipment and components, specially designed or prepared for ion-exchange separation process, as follows:1. fast reacting ion-exchange resins, pellicular or porous macro-reticulated resins in which the active chemical exchange groups are limited to a coating on the surface of an inactive porous support structure, and other composite structures in any suitable form, including particles or fibres, with diameters of 0,2 mm or less, resistant to concentrated hydrochloric acid and designed to have an exchange rate half-time of less than 10 seconds and capable of operating at temperatures in the range of 373 K (100 °C) to 473 K (200 °C);2. ion exchange columns (cylindrical) with a diameter greater than 1 000 mm, made of or protected by materials resistant to concentrated hydrochloric acid (e.g. titanium or fluorocarbon plastics) and capable of operating at temperatures in the range of 373 K (100 °C) to 473 K (200 °C) and pressures above 0,7 MPa;3. ion exchange reflux systems (chemical or electrochemical oxidation or reduction systems) for regeneration of the chemical reducing or oxidising agents used in ion exchange enrichment cascades;g. equipment and components, specially designed or prepared for atomic vapour "laser" isotope separation process (AVLIS), as follows:1. high power strip or scanning electron beam guns with a delivered power of more than 2,5 kW/cm for use in uranium vaporisation systems;2. liquid uranium metal handling systems for molten uranium or uranium alloys, consisting of crucibles, made of or protected by suitable corrosion and heat resistant materials (e.g. tantalum, yttria-coated graphite, graphite coated with other rare earth oxides or mixtures thereof), and cooling equipment for the crucibles;NB: SEE ALSO 2A2253. product and tails collector systems made of or lined with materials resistant to the heat and corrosion of uranium metal vapour or liquid, such as yttria-coated graphite or tantalum;4. separator module housings (cylindrical or rectangular vessels) for containing the uranium metal vapour source, the electron beam gun and the product and tails collectors;5. "lasers" or "laser" systems for the separation of uranium isotopes with a spectrum frequency stabiliser for operation over extended periods of time;NB: SEE ALSO 6A005 AND 6A205h. equipment and components, specially designed or prepared for molecular "laser" isotope separation process (MLIS) or chemical reaction by isotope selective laser activation (CRISLA), as follows:1. supersonic expansion nozzles for cooling mixtures of UF6 and carrier gas to 150 K (-123 °C) or less and made from "materials resistant to corrosion by UF6";2. uranium pentafluoride (UF5), product collectors consisting of filter, impact or cyclone-type collectors or combinations thereof, and made of "materials resistant to corrosion by UF5/UF6";3. compressors made of or protected by "materials resistant to corrosion by UF6", and rotary shaft seals therefor;4. equipment for fluorinating UF5 (solid) to UF6 (gas);5. process systems for separating UF6 from carrier gas (e. g. nitrogen or argon) including:a. cryogenic heat exchangers and cryoseparators capable of temperatures 153 K (-120 °C) or less;b. cryogenic refrigeration units capable of temperatures of 153 K (-120 °C) or less;c. UF6 cold traps capable of temperatures of 253 K (-20 °C) or less;6. "lasers" or "laser" systems for the separation of uranium isotopes with a spectrum frequency stabiliser for operation over extended periods of time;NB: SEE ALSO 6A005 AND 6A205i. equipment and components, specially designed or prepared for plasma separation process, as follows:1. microwave power sources and antennae for producing or accelerating ions, with an output frequency greater than 30 GHz and mean power output greater than 50 kW;2. radio frequency ion excitation coils for frequencies of more than 100 kHz and capable of handling more than 40 kW mean power;3. uranium plasma generation systems;4. liquid metal handling systems for molten uranium or uranium alloys, consisting of crucibles, made of or protected by suitable corrosion and heat resistant materials (e.g. tantalum, yttria-coated graphite, graphite coated with other rare earth oxides or mixtures thereof), and cooling equipment for the crucibles;NB: SEE ALSO 2A2255. product and tails collectors made of or protected by materials resistant to the heat and corrosion of uranium vapour such as yttria-coated graphite or tantalum;6. separator module housings (cylindrical) for containing the uranium plasma source, radio-frequency drive coil and the product and tails collectors and made of a suitable non-magnetic material (e.g. stainless steel);j. equipment and components, specially designed or prepared for electromagnetic separation process, as follows:1. ion sources, single or multiple, consisting of a vapour source, ioniser, and beam accelerator made of suitable non-magnetic materials (e.g. graphite, stainless steel, or copper) and capable of providing a total ion beam current of 50 mA or greater;2. ion collector plates for collection of enriched or depleted uranium ion beams, consisting of two or more slits and pockets and made of suitable non-magnetic materials (e.g. graphite or stainless steel);3. vacuum housings for uranium electromagnetic separators made of non-magnetic materials (e.g. stainless steel) and designed to operate at pressures of 0,1 Pa or lower;4. magnet pole pieces with a diameter greater than 2 m;5. high voltage power supplies for ion sources, having all of the following characteristics:a. capable of continuous operation;b. output voltage of 20 000 V or greater;c. output current of 1 A or greater; andd. voltage regulation of better than 0,01 % over a period of 8 hours;NB: SEE ALSO 3A2276. magnet power supplies (high power, direct current) having all of the following characteristics:a. capable of continuous operation with a current output of 500 A or greater at a voltage of 100 V or greater; andb. current or voltage regulation better than 0,01 % over a period of 8 hours.NB: SEE ALSO 3A 2260B002 Specially designed or prepared auxiliary systems, equipment and components, as follows, for isotope separation plant specified in 0B001, made of or protected by "materials resistant to corrosion by UF6":a. feed autoclaves, ovens or systems used for passing UF6 to the enrichment process;b. desublimers or cold traps, used to remove UF6 from the enrichment process for subsequent transfer upon heating;c. product and tails stations for transferring UF6 into containers;d. liquefaction or solidification stations used to remove UF6 from the enrichment process by compressing, cooling and converting UF6 to a liquid or solid form;e. piping systems and header systems specially designed for handling UF6 within gaseous diffusion, centrifuge or aerodynamic cascades;f. 1. vacuum manifolds or vacuum headers having a suction capacity of 5 m3/minute or more; or2. vacuum pumps specially designed for use in UF6 bearing atmospheres;g. UF6 mass spectrometers/ion sources specially designed or prepared for taking on-line samples of feed, product or tails from UF6 gas streams and having all of the following characteristics:1. unit resolution for mass of more than 320 amu;2. ion sources constructed of or lined with nichrome or monel, or nickel plated;3. electron bombardment ionisation sources; and4. collector system suitable for isotopic analysis.0B003 Plant for the conversion of uranium and equipment specially designed or prepared therefor, as follows:a. systems for the conversion of uranium ore concentrates to UO3;b. systems for the conversion of UO3 to UF6;c. systems for the conversion of UO3 to UO2;d. systems for the conversion of UO2 to UF4;e. systems for the conversion of UF4 to UF6;f. systems for the conversion of UF4 to uranium metal;g. systems for the conversion of UF6 to UO2;h. systems for the conversion of UF6 to UF4;0B004 Plant for the production or concentration of heavy water, deuterium and deuterium compounds and specially designed or prepared equipment and components therefor, as follows:a. plant for the production of heavy water, deuterium or deuterium compounds, as follows:1. water-hydrogen sulphide exchange plants;2. ammonia-hydrogen exchange plants;b. equipment and components, as follows:1. water-hydrogen sulphide exchange towers fabricated from fine carbon steel (e.g. ASTM A516) with diameters of 6 m to 9 m, capable of operating at pressures greater than or equal to 2 MPa and with a corrosion allowance of 6 mm or greater;2. single stage, low head (i.e. 0,2 MPa) centrifugal blowers or compressors for hydrogen sulphide gas circulation (i.e. gas containing more than 70 % H2S) with a throughput capacity greater than or equal to 56 m3/second when operating at pressures greater than or equal to 1,8 MPa suction and having seals designed for wet H2 service;3. ammonia-hydrogen exchange towers greater than or equal to 35 m in height with diameters of 1,5 m to 2,5 m capable of operating at pressures greater than 15 MPa;4. tower internals, including stage contactors, and stage pumps, including those which are submersible, for heavy water production utilizing the ammonia-hydrogen exchange process;5. ammonia crackers with operating pressures greater than or equal to 3 MPa for heavy water production utilising the ammonia-hydrogen exchange process;6. infrared absorption analysers capable of on-line hydrogen/deuterium ratio analysis where deuterium concentrations are equal to or greater than 90 %;7. catalytic burners for the conversion of enriched deuterium gas into heavy water utilising the ammonia-hydrogen exchange process;8. complete heavy water upgrade systems, or columns therefor, for the upgrade of heavy water to reactor-grade deuterium concentration.0B005 Plant specially designed for the fabrication of "nuclear reactor" fuel elements and specially designed or prepared equipment therefor.Note: A plant for the fabrication of "nuclear reactor" fuel elements includes equipment which:a. normally comes into direct contact with or directly processes or controls the production flow of nuclear materials;b. seals the nuclear materials within the cladding;c. checks the integrity of the cladding or the seal; ord. checks the finish treatment of the solid fuel.0B006 Plant for the reprocessing of irradiated "nuclear reactor" fuel elements, and specially designed or prepared equipment and components therefor.Note: 0B006 includes:a. plant for the reprocessing of irradiated "nuclear reactor" fuel elements including equipment and components which normally come into direct contact with and directly control the irradiated fuel and the major nuclear material and fission product processing streams;b. fuel element chopping or shredding machines, i.e. remotely operated equipment to cut, chop, shred or shear irradiated "nuclear reactor" fuel assemblies, bundles or rods;c. dissolvers, critically safe tanks (e.g. small diameter, annular or slab tanks) specially designed or prepared for the dissolution of irradiated "nuclear reactor" fuel, which are capable of withstanding hot, highly corrosive liquids, and which can be remotely loaded and maintained;d. counter-current solvent extractors and ion-exchange processing equipment specially designed or prepared for use in a plant for the reprocessing of irradiated "natural uranium", "depleted uranium" or "special fissile materials";e. holding or storage vessels specially designed to be critically safe and resistant to the corrosive effects of nitric acid;Note: holding or storage vessels may have the following features:1. walls or internal structures with a boron equivalent (calculated for all constituent elements as defined in the note to 0C004) of at least two %;2. a maximum diameter or 175 mm for cylindrical vessels; or3. a maximum width of 75 mm for either a slab or annular vessel.f. complete systems specially designed or prepared for the conversion of plutonium nitrate to plutonium oxide;g. complete systems specially designed or prepared for the production of plutonium metal;h. process control instrumentation specially designed or prepared for monitoring or controlling the reprocessing of irradiated "natural uranium", "depleted uranium" or "special fissile materials".0C MATERIALS0C001 "Natural uranium" or "depleted uranium" or thorium in the form of metal, alloy, chemical compound or concentrate and any other material containing one or more of the foregoing;Note: 0C001 does not control the following:a. four grammes or less of "natural uranium" or "depleted uranium" when contained in a sensing component in instruments;b. "depleted uranium" specially fabricated for the following civil non-nuclear applications:1. shielding;2. packaging;3. ballasts having a mass not greater than 100 kg;4. counter-weights having a mass not greater than 100 kg;c. alloys containing less than 5 % thorium;d. ceramic products containing thorium, which have been manufactured for non-nuclear use.0C002 "Special fissile materials".Note: 0C002 does not control four "effective grammes" or less when contained in a sensing component in instruments.0C003 Deuterium, heavy water (deuterium oxide) and other compounds of deuterium, and mixtures and solutions containing deuterium, in which the isotopic ratio of deuterium to hydrogen exceeds 1:5 000.0C004 Graphite, nuclear grade, having a purity level of less than 5 parts per million "boron equivalent" and with a density greater than 1,5 g/cm3.Note: In 0C004, 'boron equivalent` (BE) is defined as the sum of BEZ for impurities (excluding BEcarbon since carbon is not considered an impurity) including boron, where:BEZ (ppm) = CF × concentration of element Z in ppm;where CF is the conversion factor = >NUM>óZAB>DEN>óBAZand óB and óZ are the thermal neutron capture cross sections, (in barns) for naturally occurring boron and element Z respectively; and AB and AZ are the atomic masses of naturally occurring boron and element Z respectively.0C005 Specially prepared compounds or powders for the manufacture of gaseous diffusion barriers, resistant to corrosion by UF6 (e.g. nickel or alloy containing 60 weight per cent or more nickel, aluminium oxide and fully fluorinated hydrocarbon polymers), having a purity of 99.9 weight per cent or more and a mean particle size of less than 10 micrometers measured by American Society for Testing and Materials (ASTM) B330 standard and a high degree of particle size uniformity.0D SOFTWARE0D001 "Software" specially designed or modified for the "development", "production" or "use" of goods specified in this category.0E TECHNOLOGY0E001 "Technology" according to the Nuclear Technology Note for the "development", "production" or "use" of goods specified in this category.`(5) After sub-entry 1C111.c.5 the following sub-entry shall be inserted:'6. Ferrocene derivatives other than those specified in the Military Goods Controls.`(6) Entry 6A107 shall be replaced as follows:'6A107 Gravity meters (gravimeters) and components for gravity meters and gravity gradiometers, as follows:a. Gravity meters, other than those specified in 6A007.b, designed or modified for airborne or marine use, and having a static or operational accuracy of 0,7 mgal or less (better), and having a time-to-steady-state registration of two minutes or less;b. Specially designed components for gravity meters specified in 6A007.b or 6A107.a and gravity gradiometers specified in 6A007.c`


title: 2008/119/EC: Council Decision of 12 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2006/145/EC

text:
               16.2.2008

               EN

               Official Journal of the European Union

               L 42/51

      COUNCIL DECISION

   of 12 February 2008
   on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2006/145/EC
   (2008/119/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the stabilisation and association process (1), and in particular Article 2 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the Partnerships as a means to materialise the European perspective of the Western Balkan countries.

               (2)

               Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the Partnerships, as well as any subsequent adjustments. It also states that the follow-up to the Accession Partnerships will be ensured through the mechanisms established under the stabilisation and association process, notably by the annual progress reports.

               (3)

               Following the European Partnership of 2004, the Council adopted on 20 February 2006 the first Accession Partnership with Croatia (2).

               (4)

               On 3 October 2005 the Member States started negotiations with Croatia on its accession to the European Union. The progress of the negotiations will be guided by Croatia’s progress in preparing for accession, which will be measured, inter alia, against the implementation of the Accession Partnership, as regularly revised.

               (5)

               The Commission’s Communication on Enlargement Strategy and Main Challenges 2006-2007 indicated that the Partnerships would be updated at the end of 2007.

               (6)

               On 17 July 2006 the Council adopted Regulation (EC) No 1085/2006 establishing an instrument for Pre-Accession Assistance (IPA) (3), which renews the framework for financial assistance to pre-accession countries.

               (7)

               It is therefore appropriate to adopt a revised Accession Partnership which updates the current Partnership in order to identify renewed priorities for further work, on the basis of the findings of the 2007 Progress Report on Croatia’s preparations for further integration with the European Union.

               (8)

               In order to prepare for membership, Croatia is expected to develop a plan with a timetable and specific measures to address the priorities of the Accession Partnership.

               (9)

               Decision 2006/145/EC should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In accordance with Article 2 of Regulation (EC) Νο 533/2004, the principles, priorities and conditions contained in the Accession Partnership with Croatia are set out in the Annex hereto.
   Article 2
   The implementation of the Accession Partnership shall be examined and monitored through the mechanisms established under the stabilisation and association process, and by the Council on the basis of annual reports presented by the Commission.
   Article 3
   Decision 2006/145/EC shall be repealed.
   Article 4
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 12 February 2008.

            For the Council

            The President

         A. BAJUK

      (1)  OJ L 86, 24.3.2004, p. 1. Regulation as amended by Regulation (EC) No 269/2006 (OJ L 47, 17.2.2006, p. 7).

      (2)  Council Decision 2006/145/EC of 20 February 2006 on the principles, priorities and conditions contained in the Accession Partnership with Croatia (OJ L 55, 25.2.2006, p. 30).

      (3)  OJ L 210, 31.7.2006, p. 82.

      ANNEX
      CROATIA 2007 ACCESSION PARTNERSHIP
      1.   INTRODUCTION
      The proposed revised Accession Partnership updates the first one, on the basis of the findings of the 2007 Commission’s Progress Report on Croatia. It identifies new as well as remaining priorities for action. The new priorities are adapted to the country’s specific needs and stage of preparation and will be updated as necessary. Croatia is expected to develop a plan including a timetable and specific measures intended to address the Accession Partnership priorities. The Accession Partnership also provides guidance for financial assistance to the country.
      2.   PRINCIPLES
      The Stabilisation and Association Process remains the framework for the European course of the Western Balkan countries, all the way to their future accession. The main priorities identified for Croatia relate to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set for the Stabilisation and Association Process, notably the conditions defined by the Council in its Conclusions of 29 April 1997 and of 21 and 22 June 1999, the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda, and the requirements of the negotiating framework adopted by the Council on 3 October 2005.
      3.   PRIORITIES
      The priorities listed in this Accession Partnership have been selected on the basis that it is realistic to expect that Croatia can complete them or take them substantially forward over the next few years. The priorities concern both legislation and the implementation thereof.
      In view of the need to set priorities, it is clear that there are other tasks for Croatia to complete which may become priorities in any future partnership, also taking into account future progress made by Croatia.
      Among the priorities, the key priorities have been identified and grouped together at the beginning of the section below. The order of these key priorities does not imply a ranking of their importance.
      Key Priorities

                  —

                  Ensure proper implementation of all commitments undertaken in the Stabilisation and Association Agreement,

                  —

                  update and implement the strategy and action plan for judicial reform,

                  —

                  rapidly adopt and implement a strategic framework for public administration reform,

                  —

                  update and accelerate implementation of the anti-corruption programme and related action plans and ensure more coordinated and proactive efforts to prevent, detect and effectively prosecute corruption, especially at high level,

                  —

                  implement the Constitutional Law on National Minorities, with particular attention to its provisions guaranteeing proportional representation of minorities in employment. Tackle discrimination more widely in the public sector,

                  —

                  complete the process of refugee return; definitively settle all cases of housing care for former occupancy/tenancy rights holders; complete reconstruction and repossession of property and reopen the possibility for convalidation claims,

                  —

                  pursue efforts aimed at reconciliation among citizens in the region,

                  —

                  enhance efforts to find definitive solutions to pending bilateral issues (1), in particular border issues, with Slovenia, Serbia, Montenegro, and Bosnia and Herzegovina; and resolve the Ecological and Fisheries Protection Zone issue,

                  —

                  maintain full cooperation with the International Criminal Tribunal for the former Yugoslavia and ensure integrity of domestic war crimes proceedings,

                  —

                  improve the business environment and economic growth potential, in particular by reducing subsidies, restructuring large loss-making enterprises and increasing the efficiency of public spending.

            Political Criteria
      Democracy and the rule of law
      Public administration

                  —

                  Fully implement public administration reform measures on administrative procedures and on recruitment, promotion, training and de-politicisation; improve human resource management in areas of public administration.

            Judicial system

                  —

                  Substantially reduce the case backlog in courts and ensure an acceptable length of judicial proceedings,

                  —

                  rationalise the organisation of courts, including the introduction of modern information technology systems,

                  —

                  establish an open, fair and transparent system of recruitment, evaluation, promotion and disciplinary measures in the judiciary and enhance professionalism through high-quality training supported by adequate financing of the Justice Academy, including in EU law,

                  —

                  take measures to ensure proper and full execution of court rulings.

            Anti-corruption policy

                  —

                  Continue to develop and implement Codes of Conduct/ethics for officials and elected representatives as well as action plans to prevent corruption in the relevant law enforcement agencies (border police, police, customs, judiciary) and other public sector institutions and agencies; fully address public procurement related corruption. Establish specialist units for combating corruption within the appropriate services with an appropriate coordination mechanism between them and provide them with adequate training and resources,

                  —

                  take steps to ensure that the legal framework for tackling corruption is uniformly implemented and enforced including through the use of adequate statistics. Ensure that the standards set by international instruments are met, by putting in place the appropriate legislative and administrative measures,

                  —

                  take concrete actions to raise public awareness of corruption as a serious criminal offence,

                  —

                  ensure full cooperation of State authorities with the Office for Prevention of Corruption and Organised crime.

            Human rights and the protection of minorities

                  —

                  Ensure access to justice and legal aid and make available the corresponding budgetary resources,

                  —

                  promote respect for and protection of minorities in accordance with international law and best practice in EU Member States,

                  —

                  encourage a spirit of tolerance vis-à-vis the Serb and Roma minorities and take measures to protect persons belonging to minorities who may be subject to threats or acts of discrimination, hostility or violence,

                  —

                  continue to implement the strategy and action plan for the protection and integration of Roma and ensure availability of the necessary means, especially as regards employment, education and housing,

                  —

                  adopt and implement a comprehensive anti-discrimination strategy.

            Regional issues and international obligations

                  —

                  Fully respect the 4 June 2004 agreement concerning the Ecological and Fisheries Protected Zone referred to in the June 2004 European Council conclusions and the Negotiating Framework and do not apply any aspect of the Zone to the EU Member States until a common agreement in the EU spirit is found,

                  —

                  ensure the integrity of proceedings as regards war crimes, in particular by ensuring an end to ethnic bias against Serbs, including application of a uniform standard of criminal responsibility and improved security of witnesses and informants,

                  —

                  secure adequate coordination and cooperation between all relevant authorities at central and local level on refugee return matters,

                  —

                  make headway in settling with neighbours all issues arising from lost occupancy and tenancy rights,

                  —

                  create the social and economic conditions to improve the climate for reintegration of returnees and the acceptance of returnees by receiving communities, including through regional development programmes in affected areas,

                  —

                  contribute to strengthening regional cooperation, including by promoting the transition process from the Stability Pact to a more regionally-owned cooperation framework and the effective implementation of the Central European Free Trade Agreement (CEFTA),

                  —

                  fully implement agreements with neighbouring countries, notably the fight against organised crime, border management and readmission, cross-border cooperation, and judicial and police cooperation, including on war crimes, and conclude such agreements where they are still outstanding.

            Economic criteria

                  —

                  Continue to implement prudent fiscal, monetary and financial sector policies with a view to sustaining macroeconomic stability, including low inflation, exchange rate stability and a further reduction of general government’s spending-to-GDP ratio as well of its deficit and debt ratio,

                  —

                  continue institutional reforms in public finance with a view to enhancing fiscal transparency, and improving the efficiency and transparency of public debt management, and completing the planned change of budget reporting to ESA 95 principles,

                  —

                  continue the implementation of comprehensive health care reforms to avoid the accumulation of new payment arrears in the health system and to improve the efficiency of health spending. Continue the reform of social security. Ensure the financial sustainability of the pension system’s first pillar through adequate parametric reforms,

                  —

                  continue to facilitate business entry by further reducing the time and procedures needed and the costs for establishing a business. Improve bankruptcy procedures to speed up market exit,

                  —

                  improve the institutional framework for privatisation with a view to significantly advancing the privatisation of companies held under the State Privatisation Fund. Continue with the restructuring of loss-making state-owned enterprises and of the railway system to reduce the amount of subsidies to the enterprise sector as a share of GDP,

                  —

                  improve incentive structures and flexibility in the labour market to increase participation and employment rates.

            Ability to assume the obligations of membership
      Chapter 1:   Free movement of goods

                  —

                  Adopt and implement horizontal framework legislation to complete the necessary infrastructure, and ensure segregation of tasks between the various functions (regulation, standardisation, accreditation, metrology, conformity assessment and market surveillance),

                  —

                  adopt and implement a comprehensive strategy for the transposition and implementation of EC legislation for relevant horizontal organisations (standardisation, accreditation, metrology and market surveillance) and in individual sectors, and enhance administrative capacity,

                  —

                  adopt and implement an Action Plan for compliance with Articles 28-30 of the EC Treaty, including the introduction of mutual recognition clauses,

                  —

                  continue adoption of European standards. Continue preparations towards meeting membership criteria for standardisation bodies,

                  —

                  complete transposition of the new and old Approach directives, particularly with regard to pharmaceutical products.

            Chapter 2:   Freedom of movement of workers

                  —

                  Abolish any discriminatory measures towards EU migrant workers and EU citizens,

                  —

                  reinforce administrative structures for the coordination of social security schemes.

            Chapter 3:   Right of establishment and freedom to provide services

                  —

                  Complete alignment of legislation with the acquis on the recognition of professional qualifications for EU citizens and amend existing legislation to repeal remaining requirements in respect of nationality, language, establishment or business permits for EU service providers, remove other administrative and technical barriers to the right of establishment and the freedom to provide services and ensure even handling of applications for business permits, including building permits.

            Chapter 4:   Free movement of capital

                  —

                  Complete the establishment of an effective anti-money-laundering regime, in particular by ensuring that enforcement agencies are fully operational, adequately resourced and well coordinated with domestic and international counterparts,

                  —

                  make further progress in the removal of remaining restrictions on capital movements; remove all restrictions on the purchase of real estate by EU citizens in line with the SAA and ensure that all applications for permission to purchase real estate submitted in the meantime by EU citizens are handled expeditiously.

            Chapter 5:   Public procurement

                  —

                  Give an organisation for procurement the task of guaranteeing a coherent and transparent policy and steering its implementation, in all areas related to public procurement,

                  —

                  adopt and implement a comprehensive strategy, with time schedules and milestones for legislative alignment and capacity building, in all areas of public procurement (public contracts, concessions, public-private partnerships) as well as for review procedures and bodies. Strengthen enforcement mechanisms of review bodies.

            Chapter 6:   Company law

                  —

                  Align the Companies Act with the acquis and complete alignment with the directive on takeover bids,

                  —

                  align accounting and auditing legislation with the acquis. Strengthen the relevant institutional framework.

            Chapter 7:   Intellectual property law

                  —

                  Complete the alignment with the acquis concerning copyright and related rights and ensure the enforcement of intellectual property rights by strengthening the administrative capacity of the relevant bodies,

                  —

                  provide a satisfactory track record of investigation, prosecution and judicial treatment of cases of piracy and counterfeiting.

            Chapter 8:   Competition policy

                  —

                  Adopt a National Restructuring Programme for the steel sector that ensures the viability and respect for EU rules on State aids. Adopt individual restructuring plans for each of the shipyards in difficulties and incorporate such plans in a National Restructuring Programme, in line with EU rules on State aids,

                  —

                  complete legislative alignment with EU State aid rules in the area of fiscal aid and align all other remaining aid schemes identified in the State aid inventory as being incompatible with EU rules. Adopt the regional aid map,

                  —

                  adopt legislative measures allowing for effective anti-trust control, in particular as regards fine setting and judicial control.

            Chapter 9:   Financial services

                  —

                  Complete the transposition of the acquis on banking licences, capital requirements, electronic money institutions, financial conglomerates, winding-up and reorganisation, bank accounts, branch accounts and deposit guarantee schemes,

                  —

                  complete legislative alignment with regard to solvency margins, insurance supervision, reinsurance and insurance mediation, financial market infrastructure, investment and securities markets,

                  —

                  establish an investor compensation scheme in line with the acquis. Demonstrate enforcement of prudential requirements by establishing a track record.

            Chapter 10:   Information society and media

                  —

                  Complete the alignment with the acquis concerning electronic communications, commerce, signatures and media, information security and the Television without Frontiers Directive,

                  —

                  ensure sufficient administrative capacity to enforce the acquis, in particular in the field of electronic communications and provide a track record of the enforcement of obligations on operators with significant market power and the rights of new entrants on the electronic communications market, including rights of way, co-location and facility sharing,

                  —

                  complete the planned review of audiovisual media legislation on the basis of public consultation, to ensure regulatory independence and guard against undue political interference.

            Chapter 11:   Agriculture and rural development

                  —

                  Strengthen the administrative structures and capacity needed to implement market and rural development policies, including collection and processing of agricultural data,

                  —

                  establish a vineyard register in line with EU standards,

                  —

                  continue preparations to establish effective and financially sound paying bodies for the management and control of agricultural funds, in line with EU requirements and international auditing standards.

            Chapter 12:   Food safety, veterinary and phytosanitary policy

                  —

                  Substantially improve the alignment of legislation in the food safety, veterinary and phytosanitary domain and strengthen the necessary implementing structures including control and inspection services,

                  —

                  ensure the setting up of compliant regimes in the food safety, veterinary and phytosanitary sectors, including a system for animal identification and registration of movements, treatment of animal by-products, upgrading of agri-food establishments, animal welfare and programmes of control of animal diseases, control of animals and animal products at border inspection posts, control of plant health, authorisation of plant protection products and control of their residues as well as quality of seeds and plant propagating material.

            Chapter 13:   Fisheries

                  —

                  Strengthen administrative and, in particular, inspection structures for fisheries policy and improve the collection of catch and landing data,

                  —

                  complete the computerised fishing vessel register and establish a satellite-based vessel monitoring system.

            Chapter 14:   Transport policy

                  —

                  Complete alignment with the EU acquis and enhance administrative capacity in the area of road transport (including the implementation of the digital tachograph) aviation and maritime transport and in the area of inland waterway transport, in particular as regards the safety of navigation and River Information Services,

                  —

                  adopt implementing legislation for rail transport, in particular interoperability provisions and independent allocation of capacity. Publish a finalised network statement,

                  —

                  implement the first transitional phase of the European Common Aviation Area Agreement and ratify it.

            Chapter 15:   Energy

                  —

                  Fulfil obligations arising from the Energy Community Treaty,

                  —

                  strengthen administrative capacity and complete alignment with the EU acquis in the fields of security of supply, energy efficiency and renewable energy sources, the internal energy market (electricity and gas) and nuclear energy, as well as ensure a high level of nuclear safety and radiation protection.

            Chapter 16:   Taxation

                  —

                  Accelerate alignment of tax legislation with the acquis with particular attention to including free zones in the territorial application of the VAT regime, abolishing the existing zero rates of VAT, eliminating the discriminatory taxation of cigarettes and further harmonising the system of excise duties,

                  —

                  significantly strengthen the enforcement capacity of the tax and customs administrations, particularly regarding collection and control functions and developing the necessary IT systems; continue the work on building a functioning and adequately staffed excise duty service; simplify procedures and reinforce controls to effectively prosecute tax fraud,

                  —

                  commit to the principles of the Code of Conduct for business taxation and ensure that new tax measures are in conformity with these principles.

            Chapter 17:   Economic and monetary union

                  —

                  Align the legal framework in order to ensure full central bank independence, to ensure alignment as regards prohibition of privileged access of the public sector to financial institutions and to allow for the full integration of its central bank into the European System of Central Banks.

            Chapter 18:   Statistics

                  —

                  Strengthen the administrative capacity of the Bureau of Statistics, reform its regional offices and improve coordination with other producers of official statistics,

                  —

                  continue developing agricultural, macroeconomic and business statistics.

            Chapter 19:   Social policy and employment

                  —

                  Further align with the acquis and strengthen the related administrative and enforcement structures, including the labour inspectorates, in association with social partners,

                  —

                  implement effectively the Joint Inclusion Memorandum (JIM) and, once adopted, the Joint Assessment Paper on Employment Policy Priorities (JAP).

            Chapter 20:   Enterprise and industrial policy

                  —

                  Implement a comprehensive industrial policy strategy, with particular emphasis on the restructuring of key loss-making sectors and individual companies, including steel and shipbuilding.

            Chapter 21:   Trans-European Networks

                  —

                  Increase gas and electricity interconnections with neighbouring countries.

            Chapter 22:   Regional policy and coordination of structural instruments

                  —

                  Adopt and begin implementing an action plan setting out clear objectives and a related timetable in order to meet regulatory and operational requirements deriving from Community cohesion policy, including strengthening capacity at central, regional and local level,

                  —

                  ensure a clear distribution of responsibilities and strengthen the capacity of, and coordination between, designated implementing authorities/structures, including local authorities.

                  —

                  adopt a Regional Development Act,

                  —

                  reinforce capacity for programming, project preparation, monitoring, evaluation and financial management and control, particularly of line Ministries, to implement EU pre-accession programmes as a preparation for Community cohesion policy.

            Chapter 23:   Judiciary and fundamental rights

                  —

                  Continue to implement the national law on personal data protection in line with the acquis and ensure an efficient monitoring and enforcement,

                  —

                  see for other priorities the section on political criteria.

            Chapter 24:   Justice, freedom and security

                  —

                  Complete the revision of key legislation to align with the Schengen acquis and extend investments at local level in terms of IT equipment and further training for the police,

                  —

                  continue preparations to implement the Schengen acquis by increasing staffing levels and training for border guards, further investing in equipment including the extension of the National Border Management Information System and ensuring its compatibility with the second-generation Schengen Information System (SIS II). Improve administrative and enforcement capacity of the border police by enhancing inter-agency cooperation,

                  —

                  continue alignment to EU visa policy, including the introduction of biometric identifiers in travel documents and preparations for the Visa Information system,

                  —

                  introduce secondary legislation for implementation of the Asylum Act and Aliens Act,

                  —

                  ensure compatibility of legislation with the acquis in judicial cooperation in civil and criminal matters and strengthen the capacity of the judiciary to apply the acquis.

            Chapter 25:   Science and research

                  —

                  Ensure adequate capacity to take up EU-funded research projects,

                  —

                  continue to take and implement actions to facilitate the integration into the European Research Area.

            Chapter 26:   Education and culture

                  —

                  Ensuring adequate capacity to manage the Lifelong Learning and Youth in Action programmes,

                  —

                  align with the acquis on non-discrimination between EU and Croatian nationals as regards access to education as well as the directive on the education of the children of migrant workers.

            Chapter 27:   Environment

                  —

                  Continue work on transposition and implementation of the EU acquis, with particular emphasis on waste management, water quality, air quality, nature protection and integrated pollution prevention and control,

                  —

                  adopt and implement, in a well coordinated manner, a comprehensive plan for putting in place the necessary administrative capacity and required financial resources to implement the environment acquis,

                  —

                  increase investments in environmental infrastructure, with particular emphasis on waste water collection and treatment, drinking water supply and waste management,

                  —

                  start implementing the Kyoto Protocol,

                  —

                  ensure integration of environmental protection requirements into the definition and implementation of other sectoral policies and promote sustainable development.

            Chapter 28:   Consumer and health protection

                  —

                  Further align with the consumer and health acquis, including in the areas of tissues and cells and tobacco, and ensure adequate administrative structures and enforcement capacity,

                  —

                  in the area of mental health, develop community-based services as an alternative to institutionalisation, and ensure allocation of sufficient financial resources for mental health care.

            Chapter 29:   Customs union

                  —

                  Continue to adopt legislation in the limited remaining areas requiring further alignment, in particular on the non-preferential rules of origin and the application of fees,

                  —

                  apply customs rules in a consistent and homogeneous manner across customs offices, notably in the areas of declaration processing, origin, simplified procedures, counterfeiting, selectivity of controls; ensure the application of modern and consistent risk analysis procedures in all offices,

                  —

                  on the basis of a comprehensive and coherent strategy, make sufficient progress in developing all IT interconnectivity systems.

            Chapter 30:   External relations

                  —

                  Prepare for the alignment of all relevant international agreements with third countries and strengthen administrative and control capacities for the common commercial policy.

            Chapter 31:   Foreign, security and defence policy

                  —

                  Strengthen implementation and enforcement of arms control and further improve capacity for full implementation of the Common Foreign Security Policy and European Security and Defence Policy.

            Chapter 32:   Financial control

                  —

                  Adopt and implement public internal financial control legislation and inherent policies supported by adequate implementation capacity,

                  —

                  safeguard the functional and financial independence of the State Audit Institution by means of amended constitutional provisions or national legislation having equivalent effect, adoption and implementation of necessary accompanying legislation,

                  —

                  align the Criminal Code with the acquis on protection of the EU’s financial interests as well as with the convention on the protection of financial interests and its protocols,

                  —

                  set up an effective and efficient coordination service to guarantee fulfilment of the obligations arising from Article 280(3) of the EC Treaty and application of the acquis concerning on-the-spot checks and inspections carried out by the Commission, in particular the obligation of assistance to Commission inspectors,

                  —

                  take legislative and administrative measures to comply with the acquis on the protection of the euro against counterfeiting.

            Chapter 33:   Financial and budgetary provisions

                  —

                  Increase administrative capacity and prepare procedural rules to ensure, from accession, the correct calculation, forecasting, collection, payment, control and reporting to the EU on own resources.

            4.   PROGRAMMING
      Community assistance will be provided through the instrument for pre-accession (IPA) and, for programmes adopted before 2007, Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia (2) (CARDS regulation). Accordingly, this Decision will have no financial implications. The financing agreements serve as legal basis for the implementation of the concrete programmes.
      Croatia can also have access to funding from multi-country and horizontal programmes.
      5.   CONDITIONALITY
      Assistance to the Western Balkan countries is conditional on further progress on satisfying the Copenhagen criteria and on meeting the requirements of the Stabilisation and Association Agreement and specific priorities of this Accession Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article 21 of Council Regulation (EC) No 1085/2006 or, in the case of pre-2007 programmes, on the basis of Article 5 of Regulation (EC) No 2666/2000. The assistance is also subject to the conditions defined by the Council in its conclusions of 29 April 1997, in particular as regards the recipients’ undertaking to carry out democratic, economic and institutional reforms. Specific conditions are also included in individual annual programmes. The financing decisions will be followed by a financing agreement signed with Croatia.
      6.   MONITORING
      The implementation of the Accession Partnership shall be examined in the framework of the Stabilisation and Association Process, including through the annual Reports presented by the Commission, in the context of the political and economic dialogues, as well as on the basis of information provided to the accession conference.

         (1)  Some Member States underlined in this context the importance of accelerating the process of restitution of property, in line with the relevant Croatian Constitutional Court rulings.

         (2)  OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).


title: 2007/324/EC: Council Decision of 7 May 2007 on the practical and procedural arrangements with a view to the nomination by the Council of the two members of the selection panel and the monitoring and advisory panel for the European Capital of Culture Community action

text:
               11.5.2007

               EN

               Official Journal of the European Union

               L 122/39

      COUNCIL DECISION

   of 7 May 2007
   on the practical and procedural arrangements with a view to the nomination by the Council of the two members of the selection panel and the monitoring and advisory panel for the ‘European Capital of Culture’ Community action
   (2007/324/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Articles 6 and 10 thereof,
   Whereas:

               (1)

               Articles 6 and 10 of Decision No 1622/2006/EC provide that a selection panel and a monitoring and advisory panel are to be established and that these panels are to include seven members nominated by the European institutions, two of whom are to be nominated by the Council.

               (2)

               It is appropriate for the Council to decide on the practical and procedural arrangements for the nomination of the two members of these two panels by the Council.

               (3)

               These arrangements should be fair, non-discriminatory and transparent,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Council shall decide on the nomination of two members of the selection panel and the monitoring and advisory panel in accordance with the practical and procedural arrangements laid down in Article 2.
   Article 2
   1.   A draw shall be organised among all Member States. The participation of Member States in the draw shall be voluntary. However, to minimise the risk of a conflict of interest, Member States hosting a European Capital of Culture that is to be selected or monitored during the term of office of the members of the panel shall be excluded from the draw. A list of Member States concerned, based on the order of entitlement to nominate a European Capital of Culture in accordance with the Annex to Decision No 1622/2006/EC, is set out in the Annex to this Decision. Additionally, to ensure the widest possible geographical distribution of Member States recommending experts, Member States that recommended experts for the previous period shall be excluded from the draw.
   2.   The first two Member States to be drawn shall be selected. Each of these two Member States shall recommend the nomination of one independent expert with substantial experience and expertise in the cultural sector, in the cultural development of cities or in the organisation of a European Capital of Culture.
   3.   On the basis of the recommendations of the two selected Member States and following due scrutiny of the recommended candidates, the Council shall nominate the two experts who are to form part of the selection panel and the monitoring and advisory panel for a period of three years.
   4.   In case of the death or resignation of a panel expert, the Member State that recommended the expert in question shall recommend the nomination of a replacement for the remainder of the term of office. The procedure referred to in paragraph 3 shall apply.
   Article 3
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 7 May 2007.

            For the Council

            The President

         H. SEEHOFER

      (1)  OJ L 304, 3.11.2006, p. 1.

      ANNEX
      Foreseeable meetings of the selection panel and the monitoring and advisory panel

                  Selection panel meetings (1)

                  Monitoring and advisory panel meetings (2)

                  PANEL 2007-2009

                  Finland (2011)
                  Estonia (2011) (3)

                  France (2013)
                  Slovakia (2013)
                  Portugal (2012)
                  Slovenia (2012)
                  Sweden (2014)
                  Latvia (2014)
                  Belgium (2015)
                  Czech Republic (2015)

                  Germany (2010)
                  Hungary (2010)
                  Finland (2011)
                  Estonia (2011)
                  Portugal (2012)
                  Slovenia (2012)

                  PANEL 2010-2012

                  Belgium (2015)
                  Czech Republic (2015)
                  Spain (2016)
                  Poland (2016)
                  Denmark (2017)
                  Cyprus (2017)
                  Netherlands (2018)
                  Malta (2018)

                  Finland (2011)
                  Estonia (2011)
                  Portugal (2012)
                  Slovenia (2012)
                  France (2013)
                  Slovakia (2013)
                  Sweden (2014)
                  Latvia (2014)
                  Belgium (2015)
                  Czech Republic (2015)

                  PANEL 2013-2015

                  Italy (2019)
                  Bulgaria (2019) (4)

                  Sweden (2014)
                  Latvia (2014)
                  Belgium (2015)
                  Czech Republic (2015)
                  Spain (2016)
                  Poland (2016)
                  Denmark (2017)
                  Cyprus (2017)
                  Netherlands (2018)
                  Malta (2018)

         (1)  Two selection meetings per country: pre-selection no later than five years before the event, final selection nine months later.

         (2)  Two monitoring meetings per country: no later than two years before the event, no later than eight months before the event.

         (3)  The Council experts for the selection of the European Capitals of Culture for 2011 were appointed by the Council on 13 November 2006 in accordance with Decision No 1419/1999/EC.

         (4)  Order of entitlement after 2019 not known.


title: Council Decision of 23 August 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of the Gambia for the supply of husked rice as food aid

text:
10 . 10 . 74                      Official Journal of the European Communities                        No L 275/ 15
                                                          II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                              COUNCIL DECISION
                                                of 23 August 1974
             on the conclusion of the Agreement between the European Economic Commu
               nity and the Republic of the Gambia for the supply of husked rice as food aid
                                                    (74/495/ EEC)
THE COUNCIL OF THE EUROPEAN                                   HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                        Article 1
Having regard to the Treaty establishing the European         The Agreement between the European Economic
Economic Community, and in particular Articles 113,           Community and the Republic of the Gambia on the
1 14 and 228 thereof ;                                        supply of husked rice as food aid, the text whereof is
                                                              annexed hereto, is hereby concluded on behalf of the
                                                              European Economic Community.
Having regard to the recommendation from the
Commission ;                                                                        Article 2
                                                              The President of the Council is hereby authorized to
Whereas the European Economic Community has                   designate the persons empowered to sign the Agree
concluded the 1967 Food Aid Convention ;
                                                              ment and to confer on them the necessary powers to
                                                              bind the Community.
Whereas by its letter of 16 April 1974, the Republic of
the Gambia has requested food aid ;                           Done at Brussels, 23 August 1974.
                                                                                For the Council
Whereas in view of the cereal supply situation in
Gambia, that country should be accorded, by way of                                        The President
gift, 1 500 metric tons of husked rice, under the
Community food aid programme for 1970/71 ,                                               B. DESTREMAU


title: Council Decision (CFSP) 2016/602 of 23 March 2016 on the signing and conclusion of the Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)

text:
               20.4.2016

               EN

               Official Journal of the European Union

               L 104/1

         COUNCIL DECISION (CFSP) 2016/602
   of 23 March 2016
   on the signing and conclusion of the Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Article 10(4) of Council Decision 2014/486/CFSP (1) provides that detailed arrangements regarding the participation of third States are to be covered by agreements concluded in accordance with Article 37 of the Treaty on European Union.

               (2)

               On 7 December 2015, the Council adopted a Decision authorising the opening of negotiations for a Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 9(1) of the Agreement.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 March 2016.

            For the Council

            The President

         A.G. KOENDERS

      (1)  Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (OJ L 217, 23.7.2014, p. 42).


title: 93/367/EEC: Decision of the European Parliament of 22 April 1993 giving discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1991 financial year

text:
No L 155/82                        Official Journal of the European Communities                      26. 6. 93
                               DECISION OF THE EUROPEAN PARLIAMENT
                                                  of 22 April 1993
             giving discharge to the Commission in respect of the financial management of
                      the fifth European Development Fund for the 1991 financial year
                                                    (93/367/EEC)
             THE EUROPEAN PARLIAMENT
            — Having regard to the EEC Treaty,
            — Having regard to the second ACP-EEC Convention ('),
            — Having regard to the balance sheets and revenue and expenditure accounts of the fifth,
                 sixth and seventh European Development Funds for the 1991 financial year
                 (COM(92)0256),
            — Having regard to the report of the Court- of Auditors concerning the 1991 financial
                 year and the replies of the institutions (2),
            — Having regard to the recommendation of the Council of 15 March 1993 (3)
                 (C3-0 133/93),
            — Having regard to the report of the Committee on Budgetary Control and the opinion
                 of the Committee on Development and Cooperation (A3-0094/93),
             1 . Grants discharge to the Commission in respect of the financial management of the
                 fifth European Development Fund for the 1991 financial year on the basis of the
                 following amount :
                 Annual expenditure : ECU 136 419 243,92 ;
            2. Records its observations in the resolution which forms part of this Decision ;
            3. Instructs its President to forward this Decision and the resolution containing its
                 observations to the Commission, the Council, the Court of Auditors and the European
                 Investment Bank and to have them published in the Official Journal of the European
                 Communities (L series).
            Done at Strasbourg, 22 April 1993.
                       The Secretary-General                                The President
                           Enrico VINCI                                  Dr Egon KLEPSCH
            (') OJ No L 347, 22. 12. 1980, p. 1 .
            0 OJ No C 330, 15. 12. 1992, p. 1 .
            0 OJ No L 69, 20. 3. 1993, p. 39.