title: 2011/586/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/181

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2009
   (2011/586/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 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 Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0132/2011),

               1.

               Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 52.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 208, 5.8.2002, p. 1.

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

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/182

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 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 Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0132/2011),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 5 May 2010 Parliament granted the Executive Director of the European Maritime Safety Agency discharge for implementation of the Agency’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           observed that the Agency failed to prepare a multiannual work programme and that its work programme was not related to its commitment budget,

                           —

                           noted that, as in 2006 and 2007, the Court of Auditors found once more that legal commitments were entered into before the corresponding budgetary commitments were made,

                           —

                           considered it a matter for concern that the Court of Auditors again noted a high number of budget transfers in 2008 (52 in 2008 and 32 in 2007);

               C.

               whereas the budget of the Agency for 2009 was EUR 48 000 000, which is a decrease of 3,8 % on the financial year 2008,

               1.

               Welcomes the fact that the Court of Auditors found the Agency’s accounts for 2009 to be reliable and regarded the transactions underlying them, taken as a whole, as legal and regular;

               2.

               Notes that the Agency received EUR 44 335 000 in commitment appropriations and EUR 48 300 000 in payment appropriations from the 2009 Union budget;

      Performance

               3.

               Congratulates the Agency for having adopted in March 2010 its five-year multiannual work programme;

               4.

               Calls, in addition, on the Agency to consider making a Gantt diagram part of the programming for each of its operational activities, with a view to indicating in a concise form the amount of time spent by each staff member on a project and encouraging an approach geared towards achieving results; calls, accordingly, on the Agency to inform the discharge authority of the steps taken by the Agency in this respect;

               5.

               Calls once more on the Agency to set out, in a table to be annexed to the Court of Auditors’ next report, a comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year so as to enable the discharge authority to assess more effectively the Agency’s performance from one year to the next;

      Budget transfers

               6.

               Considers it a matter of concern that the Court of Auditors has again noted a high number of budget transfers in 2009 (49 in 2009, 52 in 2008 and 32 in 2007); accordingly, urges the Agency to improve its planning and monitoring in order to reduce the number of budget transfers;

         Posteriori commitments

               7.

               Calls on the Agency to further reduce the number of posteriori commitments (i.e. legal commitments that were entered into before the corresponding budgetary commitments were made); reminds the Agency that, since 2006, the Court of Auditors has reported infringements of Article 62(1) of the framework Financial Regulation; welcomes, nevertheless, the Agency’s efforts to improve this situation by providing ad-hoc training to avoid posteriori commitments;

      Procurement procedure

               8.

               Urges the Agency to correctly apply procurement procedures; notes with satisfaction that in the Annual Report of 2009 the Agency has included a specific Annex on negotiated procedures, in order to inform the budgetary authority;

      Human resources

               9.

               Notes deficiencies in staff selection procedures which put at risk the transparency of these procedures; accordingly, urges the Agency to redress the present weaknesses, namely: the lack of respect for the anonymity of candidates completing written tests, the lack of compliance with the predefined criteria, and the inconsistency of criteria for short-listing candidates;

      Internal audit

               10.

               Recalls that the Executive Director of the Agency shall make available the content of all recommendations of the internal audits conducted by the Internal Auditor pursuant to his obligation to report to the discharge authority with a summary of the Internal Audit Service (IAS) Report;

               11.

               Acknowledges that the IAS performed an audit concerning the management of the fleet of vessels in the area of pollution preparedness in order to assess the adequacy and effectiveness of the internal control system as regards the oil pollution preparedness and response system; calls on the Agency to rapidly implement the IAS ‘very important’ recommendations; stresses in particular the need to:

                           —

                           provide strategic planning and monitor the Agency’s stakeholders with an overview of the residual oil pollution risks,

                           —

                           comply with administrative procedures,

                           —

                           analyse possible options for equipment management and evaluation of their financial and operational impact,

                           —

                           document vessels’ mobilisation decisions;

               12.

               Acknowledges also that the IAS performed an audit on the follow-up to the implementation of the action plan; notes that the IAS recommendations which still need to be implemented by the Agency include establishing: an internal risk assessment; an inventory of existing internal procedures, a roadmap for the development and implementation of the remaining procedures, a record of the exceptions procedures, and a review of the internal control system;

               13.

               Welcomes the Agency’s initiative of establishing in 2008 an Internal Audit function (Internal Audit Capability-IAC) which is dedicated to provide support and advice to the Agency’s Executive Director and management on internal control, risk assessment and internal audit; notes that the Agency does not employ a full time IAC but shares the IAC with the Community Fisheries Control Agency (CFCA); acknowledges, to this end, that a Service Level Agreement between the Agency and CFCA was signed on 17 June 2008; considers this shared service a best practice to be promoted by other agencies;

               14.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 52.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 208, 5.8.2002, p. 1.

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

      (5)  OJ L 252, 25.9.2010, p. 169.

      (6)  Texts adopted, P7_TA(2011)0163 (see page 269 of this Official Journal).


Avis juridique important

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32000D0315

2000/315/EC: Commission Decision of 28 April 2000 terminating the review investigation, pursuant to Article 12 of Council Regulation (EC) No 384/96, of the anti-dumping measures applicable to imports of stainless steel fasteners and parts thereof originating in Malaysia and Thailand (notified under document number C(2000) 1132)

Official Journal L 104 , 29/04/2000 P. 0087 - 0088

Commission Decisionof 28 April 2000terminating the review investigation, pursuant to Article 12 of Council Regulation (EC) No 384/96, of the anti-dumping measures applicable to imports of stainless steel fasteners and parts thereof originating in Malaysia and Thailand(notified under document number C(2000) 1132)(2000/315/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Council Regulation (EC) No 905/98(2), and in particular Articles 9 and 12 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 22 March 1999, the Commission received a request pursuant to Article 12 of Regulation (EC) No 384/96 to investigate whether the anti-dumping duties imposed by Council Regulation (EC) No 393/98(3) on imports of stainless steel fasteners and parts thereof originating in Malaysia and Thailand have had effects on resale prices or subsequent selling prices in the Community.(2) The request was lodged by the European Industrial Fasteners Institute (EIFI), on behalf of Community producers representing a major proportion of the total Community production of stainless steel fasteners and parts thereof pursuant to Articles 4(1) and 5(4) of Regulation (EC) No 384/96 (hereinafter referred to as the "basic Regulation").(3) The request contained prima facie information showing that the anti-dumping duties imposed on the product under investigation originating in Malaysia and Thailand have led to no movement, or insufficient movement, in resale prices or subsequent selling prices in the Community, and that this indicated that the anti-dumping duties have been borne, wholly or partly, by the respective producers/exporters, which was considered sufficient to justify the initiation of a review proceeding.(4) The Commission, after consultation, by a notice published in the Official Journal of the European Communities(4), accordingly initiated a review investigation pursuant to Article 12 of the basic Regulation concerning imports into the Community of stainless steel fasteners and parts thereof, currently classifiable within CN codes 7318 12 10, 7318 14 10, 7318 15 30, 7318 15 51, 7318 15 61, 7318 15 70 and 7318 16 30 and originating in Malaysia and Thailand.(5) The Commission officially advised the exporting producers known to be concerned, the representatives of the exporting country and the complainant Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.B. WITHDRAWAL OF THE REQUEST AND TERMINATION OF THE INVESTIGATION(6) By a letter of 12 January 2000 to the Commission, the European Industrial Fasteners Institute (EIFI) formally withdrew its review request concerning imports of stainless steel fasteners and parts thereof originating in Malaysia and Thailand, in view of the current market situation.(7) In cases where the Community industry withdraws its request for a review, the proceeding may be terminated unless such termination would not be in the Community interest.(8) The Commission considered that the present investigation should be terminated since it had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received in reply, indicating that such a termination would not be contrary to the Community interest.(9) The Commission therefore concludes that the review investigation pursuant to Article 12 of the basic Regulation concerning imports into the Community of stainless steel fasteners and parts thereof originating in Malaysia and Thailand should be terminated,HAS DECIDED AS FOLLOWS:Sole ArticleThe review investigation pursuant to Article 12 of Regulation (EC) No 384/96 concerning imports of stainless steel fasteners and parts thereof, currently classifiable within CN codes 7318 12 10, 7318 14 10, 7318 15 30, 7318 15 51, 7318 15 61, 7318 15 70 and 7318 16 30 and originating in Malaysia and Thailand, is hereby terminated.Done at Brussels, 28 April 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ L 50, 20.2.1998, p. 1; corrigendum: OJ L 148, 19.5.1998, p. 48.(4) OJ C 125, 6.5.1999, p. 12.


title: Council Decision adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2015

text:
               19.9.2015

               EN

               Official Journal of the European Union

               C 310/2

         COUNCIL DECISION
   adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2015
   (2015/C 310/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
   Whereas:

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 6 of the European Union for the financial year 2015 was adopted on 18 September 2015.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Brussels, 18 September 2015.

            For the Council

            The President

         C. DIESCHBOURG

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

      (2)  OJ L 69, 13.3.2015, p. 1.


Avis juridique important

|

31993D0591

93/591/EC: Council Decision of 8 November 1993 concerning the name to be given to the Council following the entry into force of the Treaty on European Union

Official Journal L 281 , 16/11/1993 P. 0018 - 0018 Finnish special edition: Chapter 1 Volume 3 P. 0034  Swedish special edition: Chapter 1 Volume 3 P. 0034

COUNCIL DECISION of 8 November 1993 concerning the name to be given to the Council following the entry into force of the Treaty on European Union (93/591)The Council shall henceforth be called the 'Council of the European Union` and shall be so designated, in particular in all the acts which it adopts, including those adopted under Titles V and VI of the Treaty on European Union; political declarations which the Council adopts under the common foreign and security policy will thus be made in the name of 'the European Union`.Done at Brussels, 8 November 1993.For the CouncilThe PresidentW. CLAES


title: 2011/456/EU: Council Decision of 18 July 2011 on the signing, on behalf of the Union, of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia

text:
               26.7.2011

               EN

               Official Journal of the European Union

               L 194/1

         COUNCIL DECISION
   of 18 July 2011
   on the signing, on behalf of the Union, of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia
   (2011/456/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (1) (the Agreement on mutual recognition) entered into force on 1 January 1999 (2).

               (2)

               On 8 July 2002, the Council authorised the Commission to open negotiations with Australia with a view to amending the Agreement on mutual recognition. The negotiations were successfully concluded by the initialling of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (the Agreement) in Brussels on 23 June 2009.

               (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)

               The Agreement should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (the Agreement) is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (3).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 July 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 229, 17.8.1998, p. 3.

      (2)  OJ L 5, 9.1.1999, p. 74.

      (3)  The text of the Agreement will be published together with the Decision on its conclusion.


title: 2011/117/EU: Council Decision of 18 January 2011 on the conclusion of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas

text:
               25.2.2011

               EN

               Official Journal of the European Union

               L 52/33

         COUNCIL DECISION
   of 18 January 2011
   on the conclusion of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas
   (2011/117/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a), in conjunction with Article 218(6)(a), thereof,
   Having regard to the proposal from the Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2010/706/EU (1), the Agreement between the European Union and Georgia on the facilitation of the issuance of visas (hereinafter referred to as ‘the Agreement’) was signed, on behalf of the European Union, on 17 June 2010, subject to its conclusion at a later date.

               (2)

               The Agreement establishes a Joint Committee which should adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Union position in this case.

               (3)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with 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
                   (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (4)

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

               (5)

               In accordance with Articles 1 and 2 of 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, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               Therefore, the Agreement should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Georgia on the facilitation of the issuance of visas (‘the Agreement’) is hereby approved.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall designate the person empowered to proceed, on behalf of the Union, to the notification provided for in Article 14(1) of the Agreement, in order to express the consent of the Union to be bound by the Agreement (4).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Union in the Joint Committee established by Article 12 of the Agreement.
   Article 4
   The position of the Union within the Joint Committee with regard to the adoption of its rules of procedure as required pursuant to Article 12(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 January 2011.

            For the Council

            The President

         MATOLCSY Gy.

      (1)  OJ L 308, 24.11.2010, p. 1.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  The date of entry into force of the Agreement shall be published in the Official Journal of the European Union.
    ---documentbreak---

               25.2.2011

               EN

               Official Journal of the European Union

               L 52/34

         AGREEMENT
   between the European Union and Georgia on the facilitation of the issuance of visas
   THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
   and
   GEORGIA,
   hereinafter referred to as ‘the Parties’,
   DESIRING to facilitate people-to-people contacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties, by facilitating the issuing of visas to citizens of Georgia,
   REAFFIRMING the intention to establish a visa-free travel regime for their citizens as a long-term goal, provided that all the conditions for well-managed and secure mobility are fullfilled,
   BEARING IN MIND that, as from 1 June 2006, all citizens of the Union are exempted from the visa requirement when travelling to Georgia for a period of time not exceeding 90 days or transiting through the territory of Georgia,
   RECOGNISING that if Georgia reintroduces visa requirements for the citizens of the Union or certain categories of them, the same facilitations granted under this Agreement to the citizens of Georgia would automatically, on the basis of reciprocity, apply to the citizens of the Union concerned,
   BEARING IN MIND that these visa requirements can only be reintroduced for all citizens of the Union or certain categories of citizens of the Union,
   RECOGNISING that visa facilitation should not lead to illegal migration and paying special attention to security and readmission,
   TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,
   TAKING INTO ACCOUNT 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 and confirming that the provisions of this Agreement do not apply to Denmark,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose and scope of application
   1.   The purpose of this Agreement is to facilitate the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of Georgia.
   2.   If Georgia reintroduces the visa requirement for the citizens of all Member States or certain categories of citizens of all Member States, the same facilitations granted under this Agreement to the citizens of Georgia would automatically, on the basis of reciprocity, apply to the citizens of the Union concerned.
   Article 2
   General clause
   1.   The visa facilitations provided in this Agreement shall apply to citizens of Georgia only in so far as they are not exempted from the visa requirement by the laws and regulations of the Union or the Member States, this Agreement or other international agreements.
   2.   The national law of Georgia or of the Member States or Union law shall apply to issues not covered by this Agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures.
   Article 3
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘Member State’ shall mean any Member State of the Union, with the exception of Denmark, Ireland and the United Kingdom;

               (b)

               ‘citizen of the Union’ shall mean a national of a Member State as defined in point (a);

               (c)

               ‘citizen of Georgia’ shall mean a person who holds the citizenship of Georgia in accordance with its national legislation;

               (d)

               ‘visa’ shall mean an authorisation issued by a Member State with a view to transiting through or an intended stay in the territory of Member States of a duration of no more than 90 days in any 180-day period from the date of first entry into the territory of the Member States;

               (e)

               ‘legally residing person’ shall mean a citizen of Georgia authorised or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Union or national legislation.

         Article 4
   Documentary evidence regarding the purpose of the journey
   1.   For the following categories of citizens of Georgia, the following documents are sufficient for justifying the purpose of the journey to the other Party:

               (a)

               for close relatives – spouse, children (including adopted), parents (including custodians), grandparents, grandchildren – who are visiting citizens of Georgia legally residing in the territory of the Member States:

                           —

                           a written request from the host person;

               (b)

               for members of official delegations who, following an official invitation to Georgia, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations:

                           —

                           a letter issued by a Georgian authority confirming that the applicant is a member of a delegation travelling to the territory of the Member States to participate in the aforementioned events, accompanied by a copy of the official invitation;

               (c)

               for pupils, students, post-graduate persons and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school-related activities:

                           —

                           a written request or a certificate of enrolment from the host university, college or school or student cards or certificates of the courses to be attended;

               (d)

               for persons travelling for medical reasons and necessary accompanying persons:

                           —

                           an official document of the medical institution confirming necessity of medical care in this institution, the necessity of being accompanied and proof of sufficient financial means to pay for the medical treatment;

               (e)

               for journalists and accredited persons accompanying them in a professional capacity:

                           —

                           a certificate or other document issued by a professional organisation proving that the person concerned is a qualified journalist or accompanying person in a professional capacity and a document issued by his/her employer stating that the purpose of the journey is to carry out journalistic work or assist in such work;

               (f)

               for participants in international sport events and persons accompanying them in a professional capacity:

                           —

                           a written request from the host organisation, competent authorities, national sport federations or national Olympic committees of the Member States;

               (g)

               for business people and representatives of business organisations:

                           —

                           a written request from the host legal person or company, organisation or an office or a branch of such legal person or company, state or local authorities of the Member States or organising committees or trade and industrial exhibitions, conferences and symposia held in the territories of the Member States, endorsed by the State Chamber of Registration of Georgia;

               (h)

               for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events held on the territory of the Member States:

                           —

                           a written request from the host organisation confirming that the person concerned is participating in the event;

               (i)

               for representatives of civil society organisations when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes:

                           —

                           a written request issued by the host organisation, a confirmation that the person is representing the civil society organisation and the certificate on establishment of such organisation from the relevant register issued by a state authority in accordance with the national legislation;

               (j)

               for persons participating in scientific, cultural or artistic activities, including university and other exchange programmes:

                           —

                           a written request from the host organisation to participate in the activities;

               (k)

               for drivers conducting international cargos and passenger transportation services to the territories of the Member States in vehicles registered in Georgia:

                           —

                           a written request from the national company or association of carriers of Georgia providing for international road transportation, stating the purpose, duration and frequency of the trips;

               (l)

               for participants of the official exchange programmes organised by twin cities:

                           —

                           a written request of the Head of Administration/Mayor of these cities or municipal authorities;

               (m)

               for visiting military and civil burial grounds:

                           —

                           an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried.

         2.   The written request mentioned in paragraph 1 of this Article shall include the following items:

               (a)

               for the invited person: name and surname, date of birth, sex, citizenship, passport number, time and purpose of the journey, number of entries and where relevant the name of the spouse and children accompanying the invited person;

               (b)

               for the inviting person: name, surname and address;

               (c)

               for the inviting legal person, company or organisation: full name and address, and:

                           —

                           if the request is issued by an organisation or authority, the name and position of the person who signs the request,

                           —

                           if the inviting person is a legal person or company or an office or a branch of such legal person or company established in the territory of a Member State, the registration number as required by the national law of the Member State concerned.

         3.   For the categories of persons mentioned in paragraph 1 of this Article, all categories of visas are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Member States.
   Article 5
   Issuance of multiple-entry visas
   1.   Diplomatic missions and consular services of the Member States shall issue multiple-entry visas with the term of validity of up to 5 years to the following categories of citizens:

               (a)

               spouses, children (including adopted) who are under the age of 21 or are dependent, or parents visiting citizens of Georgia legally residing in the territory of the Member States with the term of validity limited to the duration of the validity of their authorisation for legal residence;

               (b)

               members of national and regional governments and of Constitutional and Supreme courts if they are not exempted from the visa requirement by this Agreement, in the exercise of their duties, with a term of validity limited to their term of office if this is less than 5 years;

               (c)

               permanent members of official delegations who, following an official invitation addressed to Georgia, are to participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations.

         2.   Diplomatic missions and consular services of the Member States shall issue multiple-entry visas with the term of validity of up to 1 year to the following categories of persons, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the visited Member State and that there are reasons for requesting a multiple-entry visa:

               (a)

               members of official delegations who, following an official invitation, are to participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

               (b)

               representatives of civil society organisations travelling regularly to Member States for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes;

               (c)

               members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Member States;

               (d)

               persons participating in scientific, cultural or artistic activities, including university and other exchange programmes, who regularly travel to Member States;

               (e)

               students and post-graduate persons who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes;

               (f)

               participants in official exchange programmes organised by twin cities or municipal authorities;

               (g)

               persons needing to visit regularly for medical reasons and necessary accompanying persons;

               (h)

               journalists and accredited persons accompanying them in a professional capacity;

               (i)

               business people and representatives of business organisations who regularly travel to Member States;

               (j)

               participants in international sports events and persons accompanying them in a professional capacity;

               (k)

               drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Georgia.

         3.   Diplomatic missions and consular services of the Member States shall issue multiple-entry visas with the term of validity of a minimum of 2 years and a maximum of 5 years to the categories of persons referred to in paragraph 2 of this Article, provided that during the previous 2 years they made use of the 1-year multiple-entry visas in accordance with the laws on entry and stay of the host Member State and that the reasons for requesting a multiple-entry visa are still valid.
   4.   The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States.
   Article 6
   Fees for processing visa applications
   1.   The fee for processing visa applications of citizens of Georgia shall amount to EUR 35.
   The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 14(4).
   If Georgia reintroduces the visa requirement for all citizens of the Union, the visa fee to be charged by Georgia shall not exceed EUR 35 or the amount agreed if the fee is reviewed in accordance with the procedure provided for in Article 14(4).
   2.   When Member States cooperate with an external service provider, an additional service may be charged. The service fee shall be proportionate to the costs incurred by the external service provider while performing his tasks and shall not exceed EUR 30. The Member State(s) concerned shall maintain the possibility for all applicants to lodge their applications directly at its/their consulates.
   3.   The fees for processing the visa application are waived for the following categories of citizens:

               (a)

               pensioners;

               (b)

               children below the age of 12;

               (c)

               members of national and regional governments and of Constitutional and Supreme courts, in case they are not exempted from the visa requirement by this Agreement;

               (d)

               disabled persons and the persons accompanying them, if necessary;

               (e)

               close relatives – spouse, children (including adopted), parents (including custodians), grandparents or grandchildren – who are visiting citizens of Georgia legally residing in the territory of the Member States;

               (f)

               members of official delegations who, following an official invitation addressed to Georgia, are to participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

               (g)

               pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including exchange programmes as well as other school-related activities;

               (h)

               journalists and accredited persons accompanying them in a professional capacity;

               (i)

               participants in international sport events and persons accompanying them in a professional capacity;

               (j)

               representatives of civil society organisations when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes;

               (k)

               persons participating in scientific, cultural or artistic activities, including university and other exchange programmes;

               (l)

               persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such person, or to attend a funeral of a close relative or to visit a seriously ill close relative.

         Article 7
   Duration of the visa application procedure
   1.   Diplomatic missions and consular services of the Member States shall take a decision upon the request to issue a visa within 10 calendar days starting from the date of the receipt of the application and documents required for issuing visas.
   2.   The period of time for taking a decision on a visa application may be extended up to 30 calendar days in individual cases, notably when further review of the application is needed.
   3.   The period of time for taking a decision on a visa application may be reduced to 2 working days or less in urgent cases.
   Article 8
   Departure in case of lost or stolen documents
   Citizens of the Union and of Georgia who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of Georgia or of the Member States, may leave that territory on the basis of valid identity documents entitling them to cross the border issued by diplomatic missions or consular posts of the Member States or of Georgia without any visa or other authorisation.
   Article 9
   Extension of visas in exceptional circumstances
   The period of validity and/or duration of stay of an issued visa of a citizen of Georgia shall be extended when the competent authority of a Member State considers that the visa holder has provided proof of force majeure or humanitarian reasons preventing him from leaving the territory of the Member States before expiry of the period of validity of or the duration of stay authorised by the visa. Such an extension shall be granted free of charge.
   Article 10
   Diplomatic passports
   1.   Citizens of Georgia who are holders of valid diplomatic passports may enter, leave and transit through the territories of the Member States without visas.
   2.   Persons mentioned in paragraph 1 of this Article may stay in the territories of Member States for a period not exceeding 90 days per period of 180 days.
   Article 11
   Territorial validity of visas
   Subject to the national rules and regulations concerning national security of the Member States and subject to Union regulations on visas with limited territorial validity, the citizens of Georgia shall be entitled to travel within the territory of the Member States on equal basis with the citizens of the Union.
   Article 12
   Joint Committee for management of the Agreement
   1.   The Parties shall set up a Joint Committee of experts (hereinafter referred to as ‘the Committee’), composed of representatives of the Union and of Georgia. The Union shall be represented by the Commission, assisted by experts from the Member States.
   2.   The Committee shall, in particular, have the following tasks:

               (a)

               monitoring the implementation of this Agreement;

               (b)

               suggesting amendments or additions to this Agreement;

               (c)

               settling disputes arising out of the interpretation or application of the provisions in this Agreement.

         3.   The Committee shall meet whenever necessary at the request of one of the Parties and at least once a year.
   4.   The Committee shall establish its rules of procedure.
   Article 13
   Connection of this Agreement with bilateral agreements between Member States and Georgia
   As from its entry into force, this Agreement shall take precedence over provisions of any bilateral or multilateral agreements or arrangements concluded between individual Member States and Georgia, in so far as the provisions of the latter agreements or arrangements cover issues dealt with by this Agreement.
   Article 14
   Final clauses
   1.   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the last Party notifies the other that the procedures referred to above have been completed.
   2.   By way of derogation from paragraph 1 of this Article, this Agreement shall only enter into force on the date of the entry into force of the Agreement between the European Union and Georgia on readmission if this date is after the date provided for in paragraph 1 of this Article.
   3.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 6 of this Article.
   4.   This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force after the Parties have notified each other of the completion of their internal procedures necessary for this purpose.
   5.   Each Party may suspend in whole or in part this Agreement for reasons of public order, protection of national security or protection of public health. The decision on suspension shall be notified to the other Party not later than 48 hours before its entry into force. The Party that has suspended the application of this Agreement shall immediately inform the other Party once the reasons for the suspension no longer apply.
   6.   Each Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.

      Done at Brussels, on 17 June 2010, in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Georgian languages, each of these texts being equally authentic.

         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
         För Europeiska unionen

         За Грузия
         Por Georgia
         Za Gruzii
         For Georgien
         Für Georgien
         Gruusia nimel
         Για τη Γεωργία
         For Georgia
         Pour la Géorgie
         Per la Georgia
         Gruzijas vārdā –
         Gruzijos vardu
         Grúzia részéről
         Għall-Georġja
         Voor Georgië
         W imieniu Gruzji
         Pela Geórgia
         Pentru Georgia
         Za Gruzínsko
         Za Gruzijo
         Georgian puolesta
         För Georgien

   ANNEX

      PROTOCOL TO THE AGREEMENT ON THE MEMBER STATES THAT DO NOT FULLY APPLY THE SCHENGEN ACQUIS

      Those Member States which are bound by the Schengen acquis but which do not yet issue Schengen visas, while awaiting the relevant decision of the Council to that end, shall issue national visas the validity of which is limited to their own territory.
      In accordance with Decision No 582/2008/EC of the European Parliament and of the Council of 17 June 2008 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Bulgaria, Cyprus and Romania of certain documents as equivalent to their national visas for the purposes of transit through their territories (1) harmonised measures have been taken in order to simplify the transit of holders of Schengen visa and Schengen residence permits through the territory of the Member States that do not fully apply the Schengen acquis yet.

      (1)  OJ L 161, 20.6.2008, p. 30.
   JOINT DECLARATION ON ARTICLE 10 ON DIPLOMATIC PASSPORTS
   The Union may invoke a partial suspension of the Agreement and in particular of Article 10 thereof, in accordance with the procedure set up by Article 14(5) of the Agreement, if the implementation of Article 10 is abused by the other Party or leads to a threat to public security.
   In case of suspension of implementation of Article 10, both Parties shall initiate consultations within the framework of the Joint Committee set up by the Agreement with a view to solve the problems that lead to the suspension.
   As a priority, both Parties declare their commitment to ensure a high level of document security for diplomatic passports, in particular by integrating biometric identifiers. For the Union this will be ensured in compliance with the requirements set out in Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (1).

      (1)  OJ L 385, 29.12.2004, p. 1.
   JOINT DECLARATION ON THE HARMONISATION OF INFORMATION ON PROCEDURES FOR ISSUING SHORT-STAY VISAS AND DOCUMENTS TO BE SUBMITTED WHEN APPLYING FOR SHORT-STAY VISAS
   Recognising the importance of transparency for visa applicants, the Parties to the Agreement consider the possibility of applying the following measures:

               —

               to draw up general information for the applicants on the procedures and conditions for applying for visas, the visas and on the validity of issued visas,

               —

               the Union will draw up a list of minimum requirements in order to ensure that Georgian applicants are given coherent and uniform basic information and are required to submit, in principle, the same supporting documents.

         The information mentioned above is to be disseminated widely (on the information board of consulates, in leaflets, on websites, etc.).
   JOINT DECLARATION CONCERNING DENMARK
   The Parties take note that the Agreement does not apply to the procedures for issuing visas by the diplomatic missions and consular services of Denmark.
   In such circumstances, it is desirable that the authorities of Denmark and of Georgia conclude, without delay, a bilateral agreement on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Union and Georgia.
   JOINT DECLARATION CONCERNING THE UNITED KINGDOM AND IRELAND
   The Parties take note that the Agreement does not apply to the territory of the United Kingdom and of Ireland.
   In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and Georgia conclude bilateral agreements on the facilitation of the issuance of visas.
   JOINT DECLARATION CONCERNING SWITZERLAND, ICELAND, LIECHTENSTEIN AND NORWAY
   The Parties take note of the close relationship between the Union and Switzerland, Iceland, Liechtenstein and Norway, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of these countries with the implementation, application and development of the Schengen acquis.
   In such circumstances, it is desirable that the authorities of Switzerland, Iceland, Liechtenstein and Norway and Georgia conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the Union and Georgia.
   EUROPEAN UNION DECLARATION ON FACILITATIONS FOR FAMILY MEMBERS
   The Union took note of the suggestion of Georgia to give a wider definition to the notion of family members that should benefit from visa facilitation as well as of the importance that Georgia attaches to the simplification of movement of this category of persons.
   In order to ease the mobility of an extended number of persons which have family links (in particular sisters and brothers and their children) with Georgian citizens legally residing in the territories of Member States, the European Union invites the Member States’ consular offices to make full use of the existing possibilities in the acquis for facilitating the issuance of visas to this category of persons, including, in particular, the simplification of documentary evidence requested for the applicants, exemptions from handling fees and, where appropriate, the issuing of multiple entry visas.
   EUROPEAN UNION DECLARATION ON THE SUSPENSION OF THE VISA FACILITATION AGREEMENT
   In case Georgia, in violation of Article 1(2) of the Agreement, reintroduces the visa requirement for the citizens of one or more Member States of the Union or certain categories of such citizens, the Union will suspend the application of the Agreement.
   JOINT DECLARATION ON COOPERATION ON TRAVEL DOCUMENTS
   The Parties agree that the Joint Committee established pursuant to Article 12 of the Agreement, when monitoring the implementation of the Agreement, should evaluate the impact of the level of security of the respective travel documents on the functioning of the Agreement. To that end, the Parties agree to regularly inform each other about the measures taken for avoiding the proliferation of travel documents, developing the technical aspects of travel document security as well as regarding the personalisation process of the issuance of travel documents.


title: 2010/549/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/217

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008
   (2010/549/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2007/2004 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 (3), and in particular Article 30 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0085/2010),

               1.

               Approves the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 38.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 349, 25.11.2004, p. 1.

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


Avis juridique important

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31999D0710

1999/710/EC: Commission Decision of 15 October 1999 drawing up provisional lists of third country establishments from which the Member States authorise imports of minced meat and meat preparations (notified under document number C(1999) 3333) (Text with EEA relevance)

Official Journal L 281 , 04/11/1999 P. 0082 - 0084

COMMISSION DECISIONof 15 October 1999drawing up provisional lists of third country establishments from which the Member States authorise imports of minced meat and meat preparations(notified under document number C(1999) 3333)(Text with EEA relevance)(1999/710/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs(1), as amended by Decision 98/603/EC(2), and in particular Article 2(1) thereof,(1) Whereas Council Decision 79/542/EEC(3), as last amended by Commission Decision 1999/417/EC(4), draws up a list of third countries from which the Member States authorise imports of fresh meat and meat products;(2) Whereas Council Directive 94/65/EEC(5) lays down the requirements for the production, placing on the market and import of minced meat and meat preparations;(3) Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;(4) Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;(5) Whereas, to make trade in minced meat and meat preparations from those countries possible, it is necessary to establish a list of the abovementioned establishments;(6) Whereas provisional lists of establishments producing minced meat and meat preparations can thus be drawn up in accordance with the procedure laid down in Decision 95/408/EEC in respect of certain countries;(7) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 11. The Member States shall authorise imports of minced meat and meat preparations from the establishments listed in the Annex hereto.2. Imports of minced meat and meat preparations shall remain subject to the Community veterinary provisions adopted elsewhere.Article 2This Decision shall apply with effect from 20 October 1999.Article 3This Decision is addressed to the Member States.Done at Brussels, 15 October 1999.For the CommissionDavid BYRNEMember of the Commission(1) OJ L 243, 11.10.1995, p. 17.(2) OJ L 289, 28.10.1998, p. 36.(3) OJ L 146, 14.6.1979, p. 15.(4) OJ L 159, 25.6.1999, p. 56.(5) OJ L 368, 31.12.1994, p. 10.ANEXO/BILAG/ANHANG/ΠΑΡΑΡΤΗΜΑ/ANNEX/ANNEXE/ALLEGATO/BIJLAGE/ANEXO/LIITE/BILAGALISTA DE LOS ESTABLECIMIENTOS/LISTE OVER VIRKSOMHEDER/VERZEICHNIS DER BETRIEBE/ΠΙΝΑΚΑΣ ΤΩΝ ΕΓΚΑΤΑΣΤΑΣΕΩΝ/LIST OF ESTABLISHMENTS/LISTE DES ÉTABLISSEMENTS/ELENCO DEGLI STABILIMENTI/LIJST VAN BEDRIJVEN/LISTA DOS ESTABELECIMENTOS/LUETTELO LAITOKSISTA/FÖRTECKNING ÖVER ANLÄGGNINGAR>TABLE>


title: Council Decision 2006/666/CFSP of 15 September 2006 concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel

text:
               4.10.2006

               EN

               Official Journal of the European Union

               L 273/8

         COUNCIL DECISION 2006/666/CFSP
   of 15 September 2006
   concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 7 June 2006, the Council adopted Joint Action 2006/407/CFSP (1) amending and extending Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) for a further period of three months until 15 September 2006.

               (2)

               On that date the Council also adopted Decision 2006/448/CFSP (2) concerning the extension for three months, until 15 September 2006, of the Agreement between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel.

               (3)

               On 21 July 2006 the Government of Indonesia invited the European Union (EU) to extend the mandate of the AMM for a final period of three months until 15 December 2006.

               (4)

               The extension of the Agreement in the form of an Exchange of Letters for a period of three months until 15 December 2006 should be approved on behalf of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel for a period of three months until 15 December 2006 is hereby approved on behalf of the European Union.
   The text of the Exchange of Letters agreeing to the extension is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Exchange of Letters in order to bind the European Union (3).
   Article 3
   This Decision shall be published in the Official Journal of the European Union.
   Article 4
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 15 September 2006.

            For the Council

            The President

         E. TUOMIOJA

      (1)  OJ L 158, 10.6.2006, p. 20.

      (2)  OJ L 176, 30.6.2006, p. 107.

      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               4.10.2006

               EN

               Official Journal of the European Union

               L 273/9

         EXCHANGE OF LETTERS
   concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel
   Jakarta, 21 July 2006
   Dear Excellency,
   On behalf of the Government of the Republic of Indonesia, I would like to express our appreciation to the European Union in the Aceh Monitoring Mission (AMM) and for its remarkable role since its deployment in the Province of Nanggroe Aceh Darussalam (NAD).
   As the peaceful solution to the Aceh question has achieved one of its most important stages, namely the adoption of the new law on the governing of Aceh by the Indonesian Parliament, the people of Aceh are now preparing to exercise their civil and political rights, i.e. to participate in the local election to be held in November 2006.
   In this regard, I have the honour to convey to you the decision of the Government of the Republic of Indonesia to invite the European Union for a final extension of its presence in NAD for a period from 16 September 2006 until either 15 December 2006 or at an earlier date following the local election in NAD to be held on 22 November 2006. The Indonesian Government offers Your Excellency discretion on either date of termination of this extension.
   The works of the AMM during this period will include the tasks of AMM as stipulated in Articles 5.1 and 5.2 paragraphs (g) and (h) of the Memorandum of Understanding between the Government of the Republic of Indonesia and the Free Aceh Movement 15 August 2005.
   During this final extension period, the status, privileges and immunities of the AMM will be identical to those stipulated in our Exchange of Letters respectively dated 14 September 2005 and 3 October 2005 constituting a legally binding instrument between the Government of the Republic of Indonesia and the European Union.
   If the foregoing proposal is acceptable to the European Union, I have further the honour to propose that this letter as well as your affirmative letter in reply together constitute a legally binding instrument between the Government of the Republic of Indonesia and the European Union. This instrument shall enter into force on 16 September 2006 and be terminated no later than 15 December 2006. For the Government of the Republic of Indonesia this legal framework is based on Indonesian Law No 2 of 1982 dated 25 January 1982 concerning the Ratification of Convention on Special Mission, 1969.
   Furthermore, as agreed in paragraph 1.2.7 of the MoU Helsinki which reads, ‘Outside monitors will be invited to monitor the elections in Aceh’, I would also like to propose to you the sending of European Union election monitors during the preparation and at the time of local election in NAD. Indonesia is ready to discuss the time frame, terms of references and other relevant matters for the presence of such monitors in full consultation with the local election commission as has been done in the past.
   I believe that the constructive cooperation that has been established, with a view to providing a peaceful, comprehensive and sustainable solution to the challenges facing Aceh, within the framework of the Unitary State of the Republic of Indonesia, can be further sustained and strengthened.
   I look forward to your positive consideration.
   Yours sincerely,

         Dr. N. Hassan Wirajuda

   Brussels, 15 September 2006
   Dear Excellency,
   I have the honour to refer to your letter of 21 July 2006 in which you convey to us the decision of the Government of the Republic of Indonesia to invite the European Union for a final extension of its presence in the Province of Nanggroe Aceh Darussalam (NAD) for a period of three months from 16 September 2006 until 15 December 2006.
   I am pleased to confirm to you that the European Union has agreed to respond positively to this invitation.
   I confirm that, in accordance with the terms of our Exchange of Letters respectively dated 14 September 2005 and 3 October 2005 constituting a legally binding instrument between the Government of the Republic of Indonesia and the European Union, this instrument will be extended until 15 December 2006.
   The work of the AMM during this period will include the tasks of the AMM as stipulated in Articles 5.1 and 5.2 paragraphs (g) and (h) of the Memorandum of Understanding between the Government of Indonesia and the Free Aceh Movement of 15 August 2005.
   I have further the honour to confirm that your letter and this letter in reply constitute a legally binding instrument between the Government of the Republic of Indonesia and the European Union. This instrument shall enter into force on 16 September 2006 and be terminated on 15 December 2006.
   May I once more take this opportunity to record the EU’s appreciation of the progress made in the Aceh peace process and to reaffirm the European Union’s continued commitment to supporting the development of a peaceful, comprehensive and sustainable solution to the challenges facing Aceh.
   Please accept, Sir, the assurance of my highest consideration.
   Yours sincerely,

         Javier Solana


Important legal notice

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E2001C0336

2001/336/: EFTA Surveillance Authority Decision No 336/01/COL of 15 November 2001 revising the guidelines on the application of the EEA State aid provisions to short-term export-credit insurance, and amending for the 30th time the Procedural and Substantive Rules in the Field of State Aid

Official Journal L 030 , 31/01/2002 P. 0052 - 0054

EFTA Surveillance Authority DecisionNo 336/01/COLof 15 November 2001revising the guidelines on the application of the EEA State aid provisions to short-term export-credit insurance, and amending for the 30th time the Procedural and Substantive Rules in the Field of State AidTHE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area(1), in particular to Articles 61 to 63 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice(2), in particular to Article 24 and Article 1 of Protocol 3 thereof,Whereas, under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid;Whereas, under Article 5(2)(b) of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary;Recalling the Procedural and Substantive Rules in the Field of State Aid(3) adopted on 19 January 1994 by the EFTA Surveillance Authority (OJ L 231, 3.9.1994, EEA Supplement No 32), in particular the provisions contained in Chapter 17A (Short-term export-credit insurance) thereof;Whereas, on 31 July 2001, the European Commission issued a Communication to Member States amending the Communication pursuant to Article 93(1) of the EC Treaty applying Articles 92 and 93 of the Treaty to short-term export-credit insurance (not yet published);Whereas this Communication is also of relevance for the European Economic Area;Whereas a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area;Whereas, according to point II under the heading "GENERAL" at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the European Commission, acts corresponding to those adopted by the European Commission, in order to maintain equal conditions of competition;Having consulted the European Commission;Recalling that the EFTA Surveillance Authority has consulted the EFTA States in a multilateral meeting of 19 October 2001 on the subject,HAS ADOPTED THIS DECISION:1. The State aid guidelines shall be amended by replacing the existing Chapter 17A.2(7), (8) and (10), Chapter 17A.4(10), first sentence in Chapter 17A.4(14) and Annex IX, by the text contained in Annex I to this Decision.2. The Decision, including Annex I, shall be published in the EEA Section of and the EEA Supplement to the Official Journal of the European Communities.3. The EFTA States shall be informed of this Decision by means of a letter, together with a copy of the Decision, including Annex I. The EFTA States shall be requested to signify their agreement within one month to the proposed appropriate measures as set out in the letter.4. The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including Annex I.5. The Decision shall be authentic in the English language.Done at Brussels, 15 November 2001.For the EFTA Surveillance AuthorityThe PresidentKnut Almestad(1) Hereinafter referred to as "the EEA Agreement".(2) Hereinafter referred to as "the Surveillance and Court Agreement".(3) Hereinafter referred to as "the State aid guidelines".ANNEX IAmendments to Chapter 17A of the State aid Guidelines on short-term export-credit insurance1. Chapter 17A.2(7) and (8) is replaced by the following: "(7) In view of the above, "marketable" risks are defined for the purposes of these rules as commercial and political risks on public and non-public debtors established in the countries listed in Annex IX to these guidelines. For such risks the maximum risk period (that is, manufacturing period plus credit period with normal Berne Union starting point and usual credit term) is less than two years.(8) All other risks (that is, catastrophe(1) risks and commercial and political risks on countries not listed in Annex IX) are considered not yet to be marketable."2. Chapter 17A.2(10) is replaced by the following: "(10) The capacity of the private reinsurance market varies. This means that the definition of marketable risks is not immutable and may change over time. The definition may, therefore, be reviewed, notably at the expiry of these guidelines on 31 December 2004. The Authority will consult the EFTA States and, if appropriate, other interested parties on such reviews. In so far as necessary, changes to the definition will have to take account of the scope of EEA legislation governing export-credit insurance, in order to avoid any conflict or legal uncertainty."3. In Chapter 17A.4(14) the first sentence is replaced by the following: "These rules will apply from 1 June 1998 until the end of the year 2004."4. Annex IX is replaced by the following: "ANNEX IXLIST OF MARKETABLE RISK COUNTRIES FOR THE PURPOSE OF APPLICATION OF THE RULES IN CHAPTER 17A ON SHORT-TERM EXPORT-CREDIT INSURANCEContracting Parties to the EEA AgreementAll the EU Member States and the EFTA Contracting Parties to the EEA AgreementCountries which are members of the OECD- Australia- Canada- Japan- New Zealand- Switzerland- United States of America"(1) That is, war, revolution, natural disasters, nuclear accidents, and so forth, not so-called "commercial, catastrophe risks" (catastrophic accumulations of loss on individual buyers or countries) which may be covered by excess of loss reinsurance and are commercial risks.