title: 2009/974/EC: Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and the Government of Mongolia on certain aspects of air services

text:
               18.12.2009

               EN

               Official Journal of the European Union

               L 336/4

         COUNCIL DECISION
   of 30 November 2009
   on the conclusion of the Agreement between the European Community and the Government of Mongolia on certain aspects of air services
   (2009/974/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               On 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the Government of Mongolia on certain aspects of air services (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement was signed on behalf of the Community on 3 April 2009 subject to its conclusion at a later date.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of Mongolia on certain aspects of air services is hereby approved on behalf of the Community.
   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 make the notification provided for in Article 7 of the Agreement.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  Opinion of 15 September 2009 (not yet published in the Official Journal).
    ---documentbreak---

               18.12.2009

               EN

               Official Journal of the European Union

               L 336/5

         AGREEMENT
   between the European Community and the Government of Mongolia on certain aspects of air services
   THE EUROPEAN COMMUNITY
   of the one part, and
   THE GOVERNMENT OF MONGOLIA
   of the other part
   (hereinafter referred to as ‘the Parties’)
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and Mongolia containing provisions contrary to Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and Mongolia, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and Mongolia and to preserve the continuity of such air services,
   RECOGNISING that when a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Mongolia under the safety provisions of the agreement between the Member State that has designated the air carrier and Mongolia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier,
   NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Mongolia, to affect the balance between Community air carriers and air carriers of Mongolia, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and Mongolia which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers in the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers in the relevant routes may render ineffective the competition rules applicable to undertakings,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   4.   This Agreement shall not create additional traffic rights beyond those laid down in bilateral arrangements between the respective Member States and Mongolia. The granting of traffic rights will continue to be carried out through bilateral arrangements between the respective Member States and Mongolia.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Mongolia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Mongolia shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established in the territory of the designating Member State under the Treaty establishing the European Community and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states.

         3.   Mongolia may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established in the territory of the designating Member State under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation;

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states;

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between Mongolia and another Member State and Mongolia can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in another Member State, the air carrier would be circumventing restrictions on traffic rights imposed by a bilateral agreement between Mongolia and that other Member State; or

               (v)

               the air carrier holds an Air Operators Certificate issued by a Member State and there is no bilateral air services agreement between Mongolia and that Member State, and that Member State has denied traffic rights to the air carriers designated by Mongolia.

         In exercising its right under this paragraph, Mongolia shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Mongolia under the safety provisions of the agreement between the Member State that has designated the air carrier and Mongolia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 5
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 6
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 7
   Entry into force
   This Agreement shall enter into force on the day following the date of receipt of the last notification of the Parties in writing through diplomatic channels that their respective internal procedures necessary for its entry into force have been completed.
   Article 8
   Termination
   1.   Any of the Parties may at any time terminate this Agreement by giving the other Party a written notification through diplomatic channels. The termination shall be effective after six (6) months following the date of receipt of such notification by the other Party.
   2.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   3.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Ulan Bator in duplicate, on the third day of April in the year two thousand and nine, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Mongolian languages.

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

         За Правителството на Монголия
         Por el Gobierno de Mongolia
         Za vládu Mongolska
         For Mongoliets regering
         Für die Regierung der Mongolei
         Mongoolia valitsuse nimel
         Για την Κυβέρνηση της Μογγολίας
         For the Government of Mongolia
         Pour le gouvernement de la Mongolie
         Per il governo della Mongolia
         Mongolijas valdības vārdā
         Mongolijos Vyriausybės vardu
         Mongólia kormánya részéről
         Għall-Gvern tal-Mongolja
         Voor de Regering van Mongolië
         W imieniu Rządu Mongolii
         Pelo Governo da Mongólia
         Pentru Guvernul Mongoliei
         Za vládu Mongolska
         Za vlado Mongolije
         Mongolian hallituksen puolesta
         För Mongoliets regering

   ANNEX I

      List of agreements referred to in Article 1 of this Agreement

   Air service agreements between Mongolia and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or initialled, as amended:

               —

               Air Transport Agreement between the Austrian Federal Government and the Government of Mongolia, signed at Vienna on 2 October 2007, hereinafter referred to ‘Mongolia-Austria Agreement’ in Annex II,

               —

               Agreement between the Government of the Kingdom of Denmark and the Government of Mongolia relating to Air Services, done at Beijing on 19 June 1997, hereinafter referred to ‘Mongolia-Denmark Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the Republic of Finland and the Government of Mongolia, done at Helsinki on 10 February 2000, hereinafter referred to ‘Mongolia-Finland Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the Federal Republic of Germany and the Government of Mongolia, done at Bonn on 29 May 1998, hereinafter referred to ‘Mongolia-Germany Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the Republic of Hungary and the Government of Mongolia, done at Ulan Bator on 13 September 1994, hereinafter referred to ‘Mongolia-Hungary Agreement’ in Annex II,

               —

               Agreement between the Government of the Grand Duchy of Luxembourg and the Government of Mongolia for Air Services, done at Luxembourg on 18 March 1995, hereinafter referred to ‘Mongolia-Luxembourg Agreement’ in Annex II,

               —

               Agreement between the Government of the Kingdom of the Netherlands and the Government of Mongolia for air services, done at The Hague on 9 March 1995, hereinafter referred to ‘Mongolia-Netherlands Agreement’ in Annex II,

               —

               Agreement between the Government of the Polish People’s Republic and the Government of the Mongolian People’s Republic on air services, done at 26 May 1989 in Ulan Bator, hereinafter referred to ‘Mongolia-Poland Agreement’ in Annex II,

               —

               Agreement between the Government of Romania and The Government of Mongolia concerning air services, done at Ulan Bator on 10 July 1990, hereinafter referred to ‘Mongolia-Romania Agreement’ in Annex II,

               —

               Agreement between the Government of the Kingdom of Sweden and The Government of Mongolia relating to Air Services, done at Beijing on 19 June 1997, hereinafter referred to ‘Mongolia-Sweden Agreement’ in Annex II,

               —

               Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Mongolia concerning air services, done at London on 1 March 2000, hereinafter referred to ‘Mongolia-United Kingdom Agreement’ in Annex II.

         ANNEX II

      List of articles in the agreements listed in Annex I and referred to in Articles 2 and 3 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3, paragraph 5 of the Mongolia-Austria Agreement,

                           —

                           Article 3, paragraph 4 of the Mongolia-Denmark Agreement,

                           —

                           Article 3, paragraph 4 of the Mongolia-Germany Agreement,

                           —

                           Article 3, paragraph 4 of the Mongolia-Hungary Agreement,

                           —

                           Article 3, paragraph 4 of the Mongolia-Luxembourg Agreement,

                           —

                           Article 3, paragraph 4 of the Mongolia-Netherlands Agreement,

                           —

                           Article 3, paragraph 2 of the Mongolia-Poland Agreement,

                           —

                           Article 3, paragraph 4 of the Mongolia-Sweden Agreement,

                           —

                           Article 4, paragraph 4 of the Mongolia-United Kingdom Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4, paragraph 1(a) of the Mongolia-Austria Agreement,

                           —

                           Article 4, paragraph 1(a) of the Mongolia-Denmark Agreement,

                           —

                           Article 5, paragraph 1(a) of the Mongolia-Finland Agreement,

                           —

                           Article 4 of the Mongolia-Germany Agreement,

                           —

                           Article 4, paragraph 1(a) of the Mongolia-Hungary Agreement,

                           —

                           Article 4, paragraph 1(a) of the Mongolia-Luxembourg Agreement,

                           —

                           Article 4, paragraph 1(a) of the Mongolia-Netherlands Agreement,

                           —

                           Article 3, paragraph 3 of the Mongolia-Poland Agreement,

                           —

                           Article 3, paragraph 4(a) of the Mongolia-Romania Agreement,

                           —

                           Article 4, paragraph 1(a) of the Mongolia-Sweden Agreement,

                           —

                           Article 5, paragraph 1(a) of the Mongolia-United Kingdom Agreement.

               (c)

               Safety:

                           —

                           Article 6 of the Mongolia-Austria Agreement,

                           —

                           Article 13 of the Mongolia-Finland Agreement,

                           —

                           Article 12 of the Mongolia-Germany Agreement,

                           —

                           Article 11 of the Mongolia-Hungary Agreement,

                           —

                           Article 7 of the Mongolia-Luxembourg Agreement,

                           —

                           Article 8 of the Mongolia-Netherlands Agreement,

                           —

                           Article 7 of the Mongolia-Romania Agreement.

         ANNEX III

      List of other states referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area).

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area).

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area).

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: 2014/C 182/01: Council Decision of 12 June 2014 appointing an alternate member of the Advisory Committee on Safety and Health at Work for Lithuania

text:
               14.6.2014

               EN

               Official Journal of the European Union

               C 182/16

         COUNCIL DECISION
   of 12 June 2014
   appointing an alternate member of the Advisory Committee on Safety and Health at Work for Lithuania
   2014/C 182/04
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
   Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               By its Decisions of 22 April 2013 (2) and of 2 December 2013 (3), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 22 April 2013 until 28 February 2016.

               (2)

               The government of Lithuania has submitted a further nomination for a post to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following person is appointed as an alternate member of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2016:
   III.   EMPLOYERS’ REPRESENTATIVES

               Country

               Member

               Alternate

               Lithuania

               Ms Nadežda FILIPOVA

         Article 2
   The Council will appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 12 June 2014.

            For the Council

            The President

         Y. MANIATIS

      (1)  OJ C 218, 13.9.2003, p. 1.

      (2)  Council Decision of 22 April 2013 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work (OJ C 120, 26.4.2013, p. 7).

      (3)  Council Decision of 2 December 2013 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Croatia, Hungary, Portugal and the United Kingdom (OJ C 358, 7.12.2013, p. 3).


Avis juridique important

|

31995D0035

95/35/EC: Council Decision of 19 December 1994 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco on the regime for imports into the European Community of tomatoes and courgettes originating in and imported from Morocco

Official Journal L 048 , 03/03/1995 P. 0021 - 0021

COUNCIL DECISION of 19 December 1994 on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Kingdom of Morocco on the regime for imports into the European Community of tomatoes and courgettes originating in and imported from Morocco (95/35/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228 (2) thereof,Having regard to the proposal from the Commission,Whereas, in the context of the Uruguay Round of multilateral trade negotiations the import regime for tomatoes and courgettes has been changed;Whereas Article 25 of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco provides that, where the existing rules are changed, the Community may amend the regime set out in the Agreement for the products concerned;Whereas the Community has agreed with the Kingdom of Morocco that the said regime will be adjusted on the basis of an Agreement in the form of an exchange of letters;Whereas this Agreement should now be approved;Whereas it is also necessary to determine the detailed rules for implementing the said Agreement in the form of an exchange of letters,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an exchange of letters between the European Community and the Kingdom of Morocco on the regime for imports into the European Community of tomatoes and courgettes originating in and imported from Morocco is hereby approved on behalf of the European Community.The text of this Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement so as to bind the Community.Article 3 The detailed arrangements for implementing this Agreement, including possible surveillance measures, shall be adopted, as appropriate, in accordance with the procedure set out in Article 33 of Council Regulation (EEC) No 1035/72 of 18 May 1972 of the common organization of the market in fruit and vegetables (1) or in accordance with the provisions of Council Regulation (EC) No 1981/94 of 25 July 1994 opening and providing for the administration of Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Malta, Morocco, the Occupied Territories, Tunisia and Turkey, and providing detailed rules for extending and adapting these tariff quotas (2).Where implementation of the Agreement calls for close cooperation with the Kingdom of Morocco, the Commission may take all necessary steps to ensure such cooperation.Done at Brussels, 19 December 1994.For the CouncilThe PresidentK. KINKEL(1) OJ No L 118, 20. 5. 1972, p. 1. Regulation as last amended by Commission Regulation (EC) No 2753/94 (OJ No L 292, 12. 11. 1994, p. 3).(2) OJ No L 199, 2. 8. 1994, p. 1.


title: 2006/630/EC: Council Decision of 15 September 2006 appointing three Danish members and five Danish alternate members to the Committee of the Regions

text:
               20.9.2006

               EN

               Official Journal of the European Union

               L 256/17

      COUNCIL DECISION

   of 15 September 2006
   appointing three Danish members and five Danish alternate members to the Committee of the Regions
   (2006/630/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposals from the Danish Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010.

               (2)

               Three seats of members of the Committee of the Regions have become vacant following the resignations of Mr Laust Grove VEJLSTRUP, Mr Johnny SØTRUP and Mrs Tove LARSEN. Three seats of alternate members of the Committee of the Regions have become vacant following the resignations of Mr Sonny BERTHOLD, Mr Niels LARSEN and Mr Mads LEBECH. Two seats of alternate members of the Committee of the Regions will become vacant following the appointment as members of Mr Per Bødker ANDERSEN and Mrs Eva NEJSTGAARD, currently alternate members,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as members:

                           —

                           Mr Per Bødker ANDERSEN, Borgmester, Kolding Kommune, in place of Mr Laust Grove VEJLSTRUP,

                           —

                           Mr Bo ANDERSEN, Borgmester, Ringe Kommune, in place of Mr Johnny SØTRUP,

                           —

                           Mrs Eva NEJSTGAARD, Borgmester, Allerød Kommune, in place of Mrs Tove LARSEN;

               (b)

               as alternate members:

                           —

                           Mrs Anna Margrethe KAALUND, Borgmester, Tjele Kommune, in place of Mr Sonny BERTHOLD,

                           —

                           Mrs Mona HEIBERG, Medlem af Københavns Borgerrepræsentation, in place of Mr Per Bødker ANDERSEN,

                           —

                           Mr Jens Christian GJESSING, Borgmester, Haderslev Kommune, in place of Mrs Eva NEJSTGAARD,

                           —

                           Mr Jens Arne HEDEGAARD, Borgmester, Brønderslev Kommune, in place of Mr Niels LARSEN,

                           —

                           Mr Bjørn DAHL, Borgmester, Roskilde Kommune, in place of Mr Mads LEBECH.

         Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 15 September 2006.

            For the Council

            The President

         E. TUOMIOJA

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

|

31999D0753

1999/753/EC: Council Decision of 29 July 1999 concerning the provisional application of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part

Official Journal L 311 , 04/12/1999 P. 0001 - 0001

COUNCIL DECISIONof 29 July 1999concerning the provisional application of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part(1999/753/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 310 thereof in connection with Article 300(2), first paragraph, first and second sentence,Having regard to the proposal from the Commission,Whereas:(1) the Community and South Africa have undertaken to adopt procedures for the early application of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part;(2) the provisional application of the said Agreement through an Agreement in the form of an Exchange of Letters is necessary to provide a comprehensive framework of cooperation between the Community and South Africa, pending the completion of the procedures required to bring the said Agreement into force;(3) the Agreement in the form of an Exchange of Letters should therefore be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the Community and South Africa, which provides for the provisional application of a portion of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision, as well as the text of the Agreement.Article 2For the purposes of the implementation of Article 97 of the Agreement, a representative of the Commission shall preside over the Cooperation Council and present the position of the Community during the period of provisional application of the Agreement.The position to be taken by the Community within the Cooperation Council shall be laid down by the Council on a proposal from the Commission.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 29 July 1999.For the CouncilThe PresidentS. HASSI


title: 2007/827/EC: Council Decision of 22 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas

text:
               19.12.2007

               EN

               Official Journal of the European Union

               L 334/168

         COUNCIL DECISION
   of 22 November 2007
   on the conclusion of the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas
   (2007/827/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular points (i) and (ii) of Article 62(2)(b), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Community an Agreement with the Republic of Moldova on the facilitation of the issuance of visas.

               (2)

               The Agreement was signed, on behalf of the European Community, on 10 October 2007 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 9 October 2007.

               (3)

               The Agreement should be approved.

               (4)

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

               (5)

               In accordance with the Protocol on the position of the United Kingdom and Ireland, and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (6)

               In accordance with the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision (1).
   Article 2
   The President of the Council shall give the notification provided for in Article 15(1) of the Agreement (2).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Community in the Joint Committee of experts established by Article 12 of the Agreement.
   Article 4
   The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under 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 be published in the Official Journal of the European Union.

      Done in Brussels, 22 November 2007.

            For the Council

            The President

         M. PINHO

      (1)  See page 169 of this Official Journal.

      (2)  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.
   AGREEMENT
   between the European Community and the Republic of Moldova on the facilitation of the issuance of visas
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’;
   and
   THE REPUBLIC OF MOLDOVA,
   hereinafter referred to as ‘the Parties’,
   BEARING IN MIND that, as from 1 January 2007, EU citizens are exempted from the visa requirement when travelling to the Republic of Moldova for a period of time not exceeding 90 days per period of 180 days or transiting through the territory of the Republic of Moldova,
   WITH A VIEW to further developing friendly relations between the Parties and 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 issuance of visas to Moldovan citizens,
   HAVING REGARD to the current EU-Moldova ENP Action Plan, which noted that a constructive dialogue on visa cooperation between the EU and Moldova, including an exchange of views on possibilities of visa facilitation in compliance with the acquis would be established,
   RECOGNISING the introduction of a visa-free travel regime for the citizens of the Republic of Moldova as a long term perspective,
   RECOGNISING that if the Republic of Moldova were to reintroduce the visa requirement for EU citizens, the same facilitations granted under this agreement to the citizens of the Republic of Moldova would automatically, on the basis of reciprocity, apply to citizens of the European 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 and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community 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 the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the Kingdom of Denmark,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose and scope of application
   The purpose of this Agreement is to facilitate the issuance of visas to the citizens of the Republic of Moldova for an intended stay of no more than 90 days per period of 180 days.
   Article 2
   General clause
   1.   The visa facilitations provided in this Agreement shall apply to citizens of the Republic of Moldova only insofar as they are not exempted from the visa requirement by the laws and regulations of the Community or the Member States, this Agreement or other international agreements.
   2.   The national law of the Republic of Moldova, or of the Member States or Community law shall apply to issues not covered by the provisions of 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 European Union, with the exception of the Kingdom of Denmark, Ireland and the United Kingdom;

               (b)

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

               (c)

               ‘Citizen of the Republic of Moldova’ shall mean a person who holds the citizenship of the Republic of Moldova;

               (d)

               ‘Visa’ shall mean an authorisation issued by a Member State or a decision taken by such State which is required with a view to:

                           —

                           entry for an intended stay in that Member State or in several Member States of no more than 90 days per period of 180 days,

                           —

                           entry for transit through the territory of that Member State or several Member States;

               (e)

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

         Article 4
   Documentary evidence regarding the purpose of the journey
   1.   For the following categories of citizens of the Republic of Moldova, the following documents shall suffice for justifying the purpose of the journey to the other Party:

               (a)

               for members of official delegations who, following an official invitation addressed to the Republic of Moldova, are to participate in meetings, consultations, negotiations or exchange programs, as well as in events held in the territory of the Member States by intergovernmental organisations:

                           —

                           a letter issued by a Moldovan authority confirming that the applicant is a member of its delegation travelling to the other Party to participate at the aforementioned events, accompanied by a copy of the official invitation;

               (b)

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

                           —

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

               (c)

               for business people and representatives of business organisations:

                           —

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

               (d)

               for drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in the Republic of Moldova:

                           —

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

               (e)

               for members of train, refrigerator and locomotive crews in international trains travelling to the territories of the Member States:

                           —

                           a written request from the competent railway company of the Republic of Moldova stating the purpose, duration and frequency of the trips;

               (f)

               for journalists:

                           —

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

               (g)

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

                           —

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

               (h)

               for pupils, students, post-graduate students 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;

               (i)

               for participants in international sports 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;

               (j)

               for participants in official exchange programmes organised by twin cities and other localities:

                           —

                           a written request of the Head of Administration/Mayor of these cities or other localities;

               (k)

               for close relatives — spouse, children (including adopted), parents (including custodians), grandparents and grandchildren — visiting citizens of the Republic of Moldova legally residing in the territory of the Member States:

                           —

                           a written request from the host person;

               (l)

               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;

               (m)

               for persons visiting for burial ceremonies:

                           —

                           an official document confirming the fact of death as well as confirmation of the family or other relationship between the applicant and the deceased;

               (n)

               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;

               (o)

               for persons visiting 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.

         2.   The written request mentioned in paragraph 1 shall contain the following items:

               (a)

               for the invited person: name and surname, date of birth, sex, citizenship, number of the passport, 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, all categories of visas shall be 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 posts of the Member States shall issue multiple-entry visas with a term of validity of up to five years to the following categories of persons:

               (a)

               members of national and regional Governments and Parliaments, Constitutional Court and Supreme Court 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 five years;

               (b)

               permanent members of official delegations who, following an official invitation addressed to the Republic of Moldova, 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 programmes;

               (c)

               spouses and children (including adopted), who are under the age of 21 or are dependent, and parents (including custodians) visiting citizens of the Republic of Moldova 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;

               (d)

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

               (e)

               journalists.

         2.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of up to one 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 State and that there are reasons for requesting a multiple-entry visa:

               (a)

               members of official delegations who, following an official invitation addressed to the Republic of Moldova, 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)

               drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in the Republic of Moldova;

               (e)

               members of train, refrigerator and locomotive crews in international trains travelling to the territories of the Member States;

               (f)

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

               (g)

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

               (h)

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

               (i)

               participants in official exchange programmes organised by twin cities or other localities.

         3.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a 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, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited 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 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 the Republic of Moldova shall amount to EUR 35.
   The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 15(4).
   2.   Fees for processing the visa application shall be waived for the following categories of persons:

               (a)

               close relatives — spouse, children (including adopted) parents (including custodians), grandparents and grandchildren of citizens of the Republic of Moldova legally residing in the territory of the Member States;

               (b)

               members of national and regional Governments and Parliaments, Constitutional Court and Supreme Court if they are not exempted from the visa requirement by this Agreement;

               (c)

               members of official delegations who, following an official invitation addressed to the Republic of Moldova, 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;

               (d)

               pupils, students, post-graduate students 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;

               (e)

               disabled persons and the person accompanying them, if necessary;

               (f)

               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;

               (g)

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

               (h)

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

               (i)

               participants in official exchange programmes organised by twin cities or other localities;

               (j)

               journalists;

               (k)

               children under the age of 18 and dependent children under the age of 21;

               (l)

               pensioners;

               (m)

               drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in the Republic of Moldova;

               (n)

               members of train, refrigerator and locomotive crews travelling to the territories of the Member States;

               (o)

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

         3.   By way of derogation from paragraph 1, Bulgaria and Romania which are bound by the Schengen acquis but which do not yet issue Schengen visas, may waive the fees for processing national short stay visa applications for citizens of the Republic of Moldova, until the day to be determined by the Council Decision for their full implementation of the Schengen acquis on visa policy.
   Article 7
   Length of procedures for processing visa applications
   1.   Diplomatic missions and consular posts of the Member States shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa.
   2.   The period of time for taking a decision on a visa application may be extended to up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed.
   3.   The period of time for taking a decision on a visa application may be reduced to two working days or less in urgent cases.
   Article 8
   Departure in the case of lost or stolen documents
   Citizens of the European Union and of the Republic of Moldova who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of the Republic of Moldova or 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 the Republic of Moldova without any visa or other authorisation.
   Article 9
   Extension of visa in exceptional circumstances
   Citizens of the Republic of Moldova who are not able to leave the territory of the Member States by the time stated in their visas for reasons of force majeure shall have the term of their visas extended free of charge in accordance with the legislation applied by the receiving State for the period required for their return to the State of their residence.
   Article 10
   Diplomatic passports
   1.   Citizens of the Republic of Moldova 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 may stay in the territories of the 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 EU rules on visas with limited territorial validity, citizens of the Republic of Moldova shall be entitled to travel within the territory of the Member States on equal basis with citizens of the European Union
   Article 12
   Joint Committee for management of this Agreement
   1.   The Parties shall set up a Joint Committee of experts (hereinafter referred to as the Committee), composed of representatives of the European Community and of the Republic of Moldova. The Community shall be represented by the Commission of the European Communities, 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
   Relation of this Agreement with bilateral Agreements between Member States and the Republic of Moldova
   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 the Republic of Moldova, insofar as the provisions of the latter agreements or arrangements cover issues dealt with by this Agreement.
   Article 14
   Reciprocity clause
   Should the Republic of Moldova reintroduce the visa requirement for citizens of the European Union or certain categories of such citizens, the same facilitations granted under this agreement to the citizens of the Republic of Moldova would automatically, on the basis of reciprocity, apply to the citizens of the European Union concerned.
   Article 15
   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 Parties notify each other that the procedures referred to above have been completed.
   2.   By way of derogation from paragraph 1, this Agreement shall only enter into force on the date of the entry into force of the Agreement between the European Community and the Republic of Moldova on readmission of persons if this date falls after the date provided for in paragraph 1.
   3.   This Agreement shall be concluded for an indefinite period of time, unless terminated in accordance with paragraph 6.
   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 the tenth day of October in the year two thousand and seven 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 Moldovan languages, each of these texts being equally authentic.

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

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

   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.
   These Member States may unilaterally recognise Schengen visas and residence permits for the transit through their territory, in accordance with Decision No 895/2006/EC of the European Parliament and of the Council of 14 June 2006.
   As Decision No 895/2006/EC of 14 June 2006 does not apply to Romania and Bulgaria, similar provisions will be proposed by the European Commission in order to enable these countries to unilaterally recognise Schengen visas and residence permits and other similar documents issued by other Member States not yet fully integrated into the Schengen area for the purpose of transit through their territory.
   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 posts of the Kingdom of Denmark.
   In such circumstances, it is desirable that the authorities of Denmark and of the Republic of Moldova 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 Community and the Republic of Moldova.
   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 Ireland.
   In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and the Republic of Moldova conclude bilateral agreements on the facilitation of the issuance of visas.
   JOINT DECLARATION CONCERNING ICELAND AND NORWAY
   The Parties take note of the close relationship between the European Community and Norway and Iceland, particularly by virtue of the Agreement of 18 May 1999 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 Norway, Iceland and the Republic of Moldova conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Community and the Republic of Moldova.
   JOINT DECLARATION CONCERNING THE SWISS CONFEDERATION AND LIECHTENSTEIN
   If the Agreement between the EU, the EC and the Swiss Confederation concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis and the Protocols to this Agreement concerning Liechtenstein has entered into force by the time negotiations with the Republic of Moldova have been concluded, a similar declaration will also be made in respect of Switzerland and Liechtenstein.
   EUROPEAN COMMUNITY DECLARATION ON ACCESS OF VISA APPLICANTS AND 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 European Community recalls that the legislative proposal on the recast of the Common Consular Instructions on visas for the diplomatic missions and consular posts adopted on 19 July 2006 by the European Commission and currently under discussions between the European Parliament and the Council, addressed the issue of conditions of access of visa applicants to diplomatic missions and consular posts of the Member States.
   Regarding the information to be provided to visa applicants, the European Community considers that appropriate measures should be taken, in general, to draw up basic information for applicants on the procedures and conditions for applying for visas and on their validity.
   The European Community will draw up a list of minimum requirements in order to ensure that applicants from the Republic of Moldova 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 notice boards of consulates, in leaflets, on websites etc.).
   The diplomatic missions and consular posts of the Member States shall provide information about existing possibilities under the Schengen acquis for facilitation of the issuing of short-stay visas on a case-by-case basis, and in particular for bona fide applicants.
   EUROPEAN COMMISSION DECLARATION ON REPRESENTATION AND THE COMMON APPLICATION CENTRE IN CHISINAU
   Recognising the difficulties Moldovan citizens face when applying for Schengen visas due to the limited Consular presence of Schengen Member States, the European Commission strongly encourages Member States — and particularly those Member States that issue Schengen visas — to improve their presence in the Republic of Moldova, by making full use of the existing possibilities: setting up an own representation, being represented by another Member State or fully using the several options to be provided through the Common Application Centre in Chisinau.
   DECLARATIONS ON LOCAL BORDER TRAFFIC
   POLITICAL DECLARATION FROM ROMANIA ON LOCAL BORDER TRAFFIC
   Romania declares its willingness to enter into negotiations of a bilateral agreement with the Republic of Moldova for the purpose of implementing the local border traffic regime established by EC Regulation No 1931/2006 of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention.
   POLITICAL DECLARATION FROM THE REPUBLIC OF MOLDOVA ON LOCAL BORDER TRAFFIC
   The Republic of Moldova declares its willingness to enter into negotiations of a bilateral agreement with Romania for the purpose of implementing such a local border traffic regime.


title: Commission Decision of 28 November 2011 setting up the European multi-stakeholder platform on ICT standardisation

text:
               30.11.2011

               EN

               Official Journal of the European Union

               C 349/4

         COMMISSION DECISION
   of 28 November 2011
   setting up the European multi-stakeholder platform on ICT standardisation
   2011/C 349/04
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               The Europe 2020 strategy, as set out in the Communication from the Commission entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (1), sets out a vision of Europe’s social market economy for the 21st century enjoying the full economic and social benefits of a digital society. It emphasises the importance of reinforcing the growth of the European economy while delivering high levels of employment productivity, a low carbon economy and social cohesion.

               (2)

               One of the flagship initiatives of the Europe 2020 strategy, set out in the Communication from the Commission entitled ‘A Digital Agenda for Europe’ (2), gives a prominent role to improved standard setting in the field of information and communication technologies (ICT) to ensure interoperability between ICT applications, services and products with a view to reducing fragmentation of the digital single market while at the same time promoting innovation and competition.

               (3)

               Another flagship initiative of the Europe 2020 strategy, set out in the Communication from the Commission entitled ‘An integrated industrial policy for the globalisation era — Putting competitiveness and sustainability at centre stage’ (3), calls on Europe to develop a standards system that meets the expectations of both market players and European public authorities while also promoting European influence beyond the single market in the globalised economy.

               (4)

               The Communication from the Commission entitled ‘A strategic vision for European standards: Moving forward to enhance and accelerate the sustainable growth of the European economy by 2020’ (4), states that in 2011 the Commission will create and chair a dedicated multi-stakeholder platform to advise it on matters relating to the implementation of ICT standardisation policy, including the work programme for ICT standardisation, priority-setting in support of legislation and policies and identification of specifications developed by global ICT standards development organisations.

               (5)

               It is therefore necessary to set up a multi-stakeholder platform in the field of ICT standardisation and to define its tasks and its structure.

               (6)

               The multi-stakeholder platform should be composed of representatives of national authorities of Member States and EFTA countries, stakeholder organisations representing industry, small and medium-sized enterprises, consumers and other societal stakeholders as well as European and international standardisation bodies and other non-profit making organisations, which are professional societies, industry or trade associations or other membership organisations active in Europe that within their area of expertise develop standards in the field of ICT.

               (7)

               Rules on disclosure of information by members of the platform should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom.

               (8)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The European multi-stakeholder platform on ICT standardisation, hereinafter referred to as ‘the platform’, is hereby set up.
   Article 2
   Tasks
   The platform’s tasks shall be to:

               (a)

               advise the Commission on all matters related to European ICT standardisation policy and its effective implementation;

               (b)

               advise the Commission on its ICT standardisation work programme and its priorities;

               (c)

               identify potential future ICT standardisation needs in support of European legislation, policies and public procurement;

               (d)

               advise the Commission on possible standardisation mandates concerning ICT for European standardisation bodies and activities which may be carried out by other bodies in cooperation with European standardisation bodies;

               (e)

               advise the Commission on the progress of ICT standardisation and related activities in support of legislation and policies;

               (f)

               advise the Commission on technical specifications in the field of ICT which are not national, European or international standards with regard to the requirements set out in Annex II to the proposed regulation on European standardisation (5);

               (g)

               advise the Commission on cooperation between standards development organisations and European standardisation bodies to improve the integration of their work in European ICT standardisation and ensure availability of ICT standards supporting interoperability;

               (h)

               gather information on the work programmes of ICT standards development organisations to help ensure coordination and avoid unnecessary duplication or fragmentation of efforts.

         Article 3
   Consultation
   The Commission may consult the platform on any matter relating to:

               (a)

               other initiatives that may be taken at Union level to address barriers to ICT interoperability;

               (b)

               national, European and international initiatives concerning standardisation in support of ICT interoperability.

         Article 4
   Membership — appointment
   1.   The platform shall be composed of up to 67 members.
   2.   The members shall be the national authorities of Member States and EFTA countries and organisations representing ICT standardisation stakeholders appointed by the Commission as follows:

               (a)

               up to 18 organisations representing industry, small and medium-sized enterprises and societal stakeholders;

               (b)

               up to 14 European and international standardisation bodies and other non-profit making organisations which are professional societies, industry or trade associations or other membership organisations active in Europe that within their area of expertise develop standards in the field of ICT.

         3.   The members referred to in 2(a) and (b) shall be appointed by the Directors-General of DG Enterprise and Industry and DG Information Society and Media on behalf of the Commission from relevant stakeholder organisations with the aim of achieving a balanced representation taking account of the tasks and expertise required.
   4.   The national authorities and the organisations appointed by the Commission shall nominate their representative as well as an alternate representative, to participate in the activities of the platform.
   5.   Members of the platform are appointed for a period of three years. They shall remain in office until such time as they are replaced or their term of office ends. Their term of office may be renewed.
   6.   Members who are no longer capable of contributing effectively to the platform’s deliberations, who resign or who do not comply with the conditions set out in Article 339 of the Treaty, may be replaced for the remainder of their term of office.
   7.   The names of the members referred to in Articles 2(a) and (b) shall be published in the Register of Commission expert groups and other similar entities (‘the Register’).
   8.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operations
   1.   The platform shall be chaired by the services of DG Enterprise and Industry and DG Information Society and Media.
   2.   In agreement with the Commission’s representative, the platform may set up sub-groups to examine specific questions on the basis of terms of reference defined by the platform. Such sub-groups shall be disbanded as soon as their mandate is fulfilled.
   3.   The Commission’s representative may invite experts with specific competence in a subject on the agenda to participate in the work of the platform on an ad hoc basis. In addition, the Commission’s representative may give observer status to individuals or organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries.
   4.   Members of the platform and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding the protection of EU classified information, laid down in the Annex to Decision 2001/844/EC, ECSC, Euratom. Should they fail to respect these obligations, the Commission may take all appropriate measures.
   5.   The meetings of the platform and any sub-groups shall be held on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend the meetings of the platform and its sub-groups.
   6.   The platform shall adopt any necessary rules of procedures, including rules on conflicts of interest, on the basis of the standard rules of procedure for expert groups adopted by the Commission.
   7.   The Commission shall publish relevant information on the activities carried out by the platform, either by including it in the Register or via a link from the Register to a dedicated website.
   8.   The Joint Research Centre may provide scientific advice and services within its area of expertise.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the platform shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by participants in the activities of the platform shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Applicability
   This Decision shall apply from 1 January 2012.

      Done at Brussels, 28 November 2011.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  COM(2010) 2020 final, 3.3.2010.

      (2)  COM(2010) 245 final, 19.5.2010.

      (3)  COM(2010) 614 final, 28.10.2010.

      (4)  COM(2011) 311 final, 1.6.2011.

      (5)  COM(2011) 315 final, 1.6.2011.


Important legal notice

|

31999D0027(01)

Decision on the number and numerical strength of interparliamentary delegations and delegations to joint parliamentary committees

Official Journal 301 , 18/10/1999 P. 0019 - 0020

		Decision on the number and numerical strength of interparliamentary delegations and delegations to joint parliamentary committeesThe European Parliament,having regard to Rule 168 of its Rules of Procedure,having regard to the objectives laid down in the Treaty on European Union in the sphere of common foreign and security policy,having regard to the association, cooperation, and other agreements concluded by the Union with third countries,anxious to strengthen parliamentary democracy by pursuing a continuous interparliamentary dialogue,1. Decides that the number of delegations, their regional groupings, and their numerical strength shall be as follows:(a) EuropeDelegation to the European Economic Area (EEA) Joint Parliamentary Committee | 12 members |Delegation for relations with Switzerland, Iceland and Norway | 15 members |(b) Central and Eastern Europe/Baltic StatesDelegations to the:— European Union — Poland Joint Parliamentary Committee | 12 members |—European Union — Hungary Joint Parliamentary Committee | 12 members |— European Union — Czech Republic Joint Parliamentary Committee | 12 members |— European Union — Slovak Republic Joint Parliamentary Committee | 12 members |— European Union — Romania Joint Parliamentary Committee | 12 members |— European Union — Bulgaria Joint Parliamentary Committee | 12 members |— European Union — Estonia Joint Parliamentary Committee | 12 members |— European Union — Latvia Joint Parliamentary Committee | 12 members |— European Union — Lithuania Joint Parliamentary Committee | 12 members |— European Union — Slovenia Joint Parliamentary Committee | 12 members |Delegation for relations with South-East Europe | 28 members |(c) Newly independent States and MongoliaDelegations to the parliamentary cooperation committees and delegations for relations with— Russia | 25 members |— Ukraine, Belarus and Moldova | 18 members |— Transcaucasian republics: Armenia, Azerbaijan, Georgia | 16 members |— Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, Turkmenistan and Mongo-lia | 17 members |(d) MediterraneanDelegations to the— European Union — Turkey Joint Parliamentary Committee | 12 members |— European Union — Cyprus Joint Parliamentary Committee | 12 members |— European Union — Malta Joint Parliamentary Committee | 12 members |Delegations for relations with— the Maghreb countries and the Arab Maghreb Union | 23 members |— the Mashreq countries and the Gulf States | 19 members |— Israel | 17 members |— the Palestinian Legislative Council | 17 members |(e) The AmericasDelegations for relations with— the United States | 25 members |— Canada | 16 members |— the countries of Central America and Mexico | 23 members |— the countries of South America and Mercosur | 23 members |(f) Asia/PacificDelegations for relations with— Japan | 21 members |— the People's Republic of China | 19 members |— the countries of South Asia and the South Asia Association for Regional Cooperation (SAARC) | 18 members |— the Member States of ASEAN, South-East Asia and the Republic of Korea | 22 members |— Australia and New Zealand | 16 members |(g) South AfricaDelegation for relations with South Africa | 17 members |2. Decides that the bureaux of the delegations belonging to the same regional grouping, as coordinating bodies, shall hold joint meetings to ensure that political issues and problems affecting a region as a whole can be dealt with in a consistent fashion on a transnational basis; decides, further, that the Bureau of the Delegation for relations with South Africa shall hold joint meetings with the Bureau of the Delegation to the ACP-EU Joint Assembly when the matters under consideration are of mutual interest;3. Bearing in mind the objectives charted in the Barcelona Declaration and the work programme adopted at the Euro-Mediterranean Conference of 27 and 28 November 1995, authorises the Conference of Presidents to decide that members of delegations and joint parliamentary committees belonging to the Mediterranean grouping shall hold joint meetings as a delegation to the Euro-Mediterranean forum;4. Decides to restrict the frequency of delegation and joint parliamentary committee meetings: decides, further, that the Conference of Delegation Chairmen should draw up a draft annual calendar, to be adopted by the Conference of Presidents after consulting the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, on the understanding, however, that the Conference of Presidents may decide that additional meetings will need to be held in order to respond to political events;5. Decides that the political groups and non-attached Members may appoint permanent substitutes to serve on each delegation to joint parliamentary committees and that the number of those substitutes may not exceed the number of full members representing the groups or non-attached Members;6. Decides to intensify cooperation with the committees concerned by organising joint meetings in its usual places of work;7. Will endeavour to ensure at the practical level that one or more committee rapporteurs may likewise take part in the proceedings of delegations and joint parliamentary committees; and decides that the Conference of Presidents, at the joint request of the chairmen of the delegation and committee concerned, shall authorise missions of this type;8. Instructs the Conference of Presidents to make the necessary adjustments to the implementing provisions governing the activities of delegations and joint parliamentary committees, acting on a proposal from the Conference of Delegation Chairmen (Rule 168(5) of the Rules of Procedure), bearing in mind that, because of current budget restrictions, the chairman of each delegation will decide how many members will travel with each delegation or working party on the basis of a pre-established limit, taking account of the areas of activity of each member of the delegation, frequency of participation, interest shown, etc.--------------------------------------------------


title: 2004/891/EC: Commission Decision of 19 November 2004 terminating the examination procedure concerning obstacles to trade consisting of trade practices maintained by Canada in relation to certain geographical indications for wines (notified under document number C(2004) 4388)

text:
               23.12.2004

               EN

               Official Journal of the European Union

               L 375/28

      COMMISSION DECISION

   of 19 November 2004
   terminating the examination procedure concerning obstacles to trade consisting of trade practices maintained by Canada in relation to certain geographical indications for wines (1)

   (notified under document number C(2004) 4388)
   (2004/891/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (2), and in particular Article 11(1) thereof,
   After consulting the Advisory Committee,
   Whereas:

               (1)

               On 6 December 2001, the Conseil interprofessionnel du vin de Bordeaux (CIVB) lodged a complaint pursuant to Article 4 of Regulation (EC) No 3286/94 (hereinafter ‘the Regulation’).

               (2)

               CIVB claimed that Community sales of Bordeaux and Médoc in Canada are hindered by a number of obstacles to trade within the meaning of Article 2(1) of the Regulation, i.e. ‘a practice adopted or maintained by a third country and in respect of which international trade rules establish a right of action’.

               (3)

               The alleged obstacle to trade resulted from the C-57 Amendment to the Canadian Trademarks Act, which deprived the geographical indications Bordeaux and Médoc of a standard protection in compliance with the protection requirements laid down by the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) for geographical indications for wines.

               (4)

               The Commission decided that the complaint contained sufficient evidence to justify the initiation of an examination procedure. A corresponding notice was published in the Official Journal of the European Communities
                   (3).

               (5)

               The investigation confirmed the complainant’s legal claim that the C-57 Amendment to the Canadian Trademarks Act violated Article 23.1 and 2 as well as Article 24.3 (the standstill clause) of TRIPS and that such infringements could not be justified on the basis of the exception under Article 24.6 of TRIPS.

               (6)

               The examination procedure also concluded that the C-57 Amendment threatens to cause adverse trade effects to the complainant, within the meaning of Article 2(4) and 10(4) of the Regulation.

               (7)

               On 12 February 2003, the Advisory Committee established by the Regulation considered the final report on the examination procedure.

               (8)

               On 24 April 2003, the Commission initialled a Bilateral Agreement with Canada on trade in wine and spirits, which provided for the definitive elimination of the names listed as ‘generic’ in Canada, including ‘Bordeaux’, ‘Médoc’ and ‘Medoc’ by the entry into force of the agreement.

               (9)

               On 9 July 2003, the Commission decided to suspend (4) the examination procedure with a view to terminate it as soon as Canada effectively eliminated these names from the list of generic names provided by the C-57 Amendment.

               (10)

               On 30 July 2003, the Council approved the conclusion, on behalf of the European Community, of the Bilateral Agreement with Canada on trade in wine and spirits (5). On 1 June 2004, the Bilateral Agreement entered into force (6).

               (11)

               By the Order Amending Subsections 11.18(3) and (4) of the Trade-marks Act (7), Canada eliminated Bordeaux, Médoc and Medoc from the list of generic names provided by the C-57 Amendment.

               (12)

               Accordingly, it is appropriate to terminate the examination procedure,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The examination procedure concerning obstacles to trade, consisting of trade practices maintained by Canada in relation to certain geographical indications for wines, is hereby terminated.

      Done at Brussels, 19 November 2004.

            For the Commission

         Pascal LAMY

            Member of the Commission

      (1)  Annuls and replaces Commission Decision 2004/806/EC (OJ L 354, 30.11.2004, p. 30).

      (2)  OJ L 349, 31.12.1994, p. 71. Regulation as amended by Regulation (EC) No 356/95 (OJ L 41, 23.2.1995, p. 3).

      (3)  OJ C 124, 25.5.2002, p. 6.

      (4)  OJ L 170, 9.7.2003, p. 29.

      (5)  OJ L 35, 6.2.2004, p. 1.

      (6)  Article 41 of the Bilateral Agreement provided that: ‘This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties have exchanged diplomatic notes confirming the completion of their respective procedures for the entry into force of this Agreement’. The EC note was delivered on 16 September 2003 and Canada’s response was delivered on 26 April 2004.

      (7)  The Department of Industry published the Order Amending Subsections 11.18(3) and (4) of the Trade-marks Act in the Part II of the Canada Gazette of 5 May 2004. The Order is effective as of the date of registration, which is 22 April 2004.


title: Council Decision of 21 October 2013 adopting the Council position on draft amending budget No 6 of the European Union for the financial year 2013

text:
               30.10.2013

               EN

               Official Journal of the European Union

               C 316/8

         COUNCIL DECISION
   of 21 October 2013
   adopting the Council position on draft amending budget No 6 of the European Union for the financial year 2013
   2013/C 316/04
   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:

               —

               the Union’s budget for the financial year 2013 was definitively adopted on 12 December 2012 (2),

               —

               on 10 July 2013, the Commission submitted a proposal containing draft amending budget No 6 to the general budget for the financial year 2013,

               —

               on 20 September 2013, the Commission submitted a proposal containing a letter of amendment to draft amending budget No 6 to the general budget for the financial year 2013,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 6 of the European Union for the financial year 2013, as modified by its letter of amendment, was adopted on 21 October 2013.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Brussels, 21 October 2013.

            For the Council

            The President

         L. LINKEVIČIUS

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

      (2)  OJ L 66, 8.3.2013, p. 1, with corrigendum in OJ L 134, 18.5.2013, p. 21.