Avis juridique important

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32004D0580

2004/580/EC: Council Decision of 29 April 2004 providing macro-financial assistance to Albania and repealing Decision 1999/282/EC

Official Journal L 261 , 06/08/2004 P. 0116 - 0118

 Council Decision  of  29 April 2004  providing macro-financial assistance to Albania and repealing Decision 1999/282/EC (2004/580/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal of the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) The Commission consulted the Economic and Financial Committee before submitting its proposal.

(2) The Council, by Decision 1999/282/EC(2), approved, in the aftermath of the Kosovo crisis, macro-financial assistance for Albania of up to EUR 20 million in the form of a long-term loan facility. In the light of a better-than-expected balance of payments situation, the Albanian authorities did not request the release of this assistance; therefore, the Commission deprogrammed it in 2001.

(3) Within the Stabilisation and Association process, the framework for EU relations with the region, it is desirable to support efforts to sustain political and economic stabilisation in Albania, with a view to evolving towards the development of a full cooperation relationship with the Community; this is also the aim of the Stabilisation and Association Agreement which is currently under negotiation between Albania and the EU.

(4) The International Monetary Fund (IMF) approved on  21 June 2002  in favour of Albania a three-year programme supported by a Poverty Reduction and Growth Facility (PRGF) for an amount of about USD 36 million, to support the authorities' economic programme over the period from June 2002 to June 2005; out of this amount, USD 11 million are projected to be disbursed in 2004.

(5) In the framework of the new three-year Country Assistance Strategy (CAS) adopted by the World Bank Board on  20 June 2002 , USD 8 million are projected to be disbursed in 2004 under the Poverty Reduction Support Credit.

(6) Over and above these estimated financial supports projected to be provided by the International Monetary Fund and the World Bank, a significant residual financing gap remains in 2004, to be covered to support the policy objectives attached to the authorities' reform efforts.

(7) The Community already provided macro-financial assistance to Albania; the authorities of Albania have requested further financial assistance from the international financial institutions, the Community, and other bilateral donors.

(8) Community macro-financial assistance to Albania is an appropriate measure to help the country meet its external financing needs, including through a reinforcement of its reserves and budget support.

(9) Financial assistance from the Community in the form of a combination of a long-term loan and a straight grant is an appropriate measure to support the sustainability of Albania's external financial position, given the country's relatively low level of development.

(10) This financial support, in particular the grant component, should be provided after verifying whether the financial and economic conditions lay down can be fulfilled.

(11) In order to ensure efficient protection of the Community's financial interests linked to the present macro-financial assistance, it is necessary to provide for appropriate measures by Albania related to the prevention of fraud and other irregularities linked to this assistance, as well as for controls by the Commission and audits by the Court of Auditors.

(12) The inclusion of a grant component in this assistance is without prejudice to the powers of the budgetary authority.

(13) This assistance should be managed by the Commission in consultation with the Economic and Financial Committee.

(14) The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,

HAS DECIDED AS FOLLOWS:

Article 1

1. The Community shall make available to Albania a macro-financial assistance in the form of a long-term loan and a straight grant with a view to helping the country meet its external financing needs, including through a reinforcement of its reserves and budget support.

2. The loan component of this assistance shall amount to a maximum principal of EUR 9 million with a maximum maturity of 15 years. To this end, the Commission is empowered to borrow, on behalf of the Community, the necessary resources that will be placed at the disposal of Albania in the form of a loan.

3. The grant component of this assistance shall amount to a maximum of EUR 16 million.

4. This Community financial assistance shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with the agreements reached between the IMF and Albania.

5. The Community financial assistance shall be made available for two years starting from the first day after the entry into force of this decision. However, if circumstances so require, the Commission, after consultation of the Economic and Financial Committee, may decide to extend the availability period by a maximum of one year.

Article 2

1. The Commission is empowered to agree with the authorities of Albania, after consultation with the Economic and Financial Committee the economic policy and financial conditions attached to this assistance to be laid down in a Memorandum of Understanding. These conditions shall be consistent with the agreements referred to in Article 1(4).

2. Before proceeding with the actual implementation of the Community assistance, the Commission shall check the reliability of Albania's financial circuits, administrative procedures, internal and external control mechanisms which are relevant for this Community macro-financial assistance.

3. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in coordination with the IMF, that economic policies in Albania are in accordance with the objectives of this assistance and that its economic policy and financial conditions are being fulfilled.

Article 3

1. The loan and grant components of this assistance shall be made available by the Commission to Albania in at least two instalments. Subject to the provisions of Article 2 and a satisfactory assessment in accordance with Article 2(2), the first instalment shall be released on the basis of a satisfactory track record of the macro-economic programme of Albania under the present Poverty Reduction and Growth Facility with the IMF.

2. Subject to the provisions of Article 2, the second and any further instalments shall be released on the basis of a satisfactory implementation of the abovementioned programme, and not before one quarter after the release of the previous instalment.

3. The funds shall be paid to the Central Bank of Albania. The final recipient of the funds will be the Central Bank of Albania, to the extent that the assistance is intended to reinforce the country's reserves, or the Ministry of Finance if it is intended for budgetary support purposes.

Article 4

The implementation of this assistance shall take place in accordance with the provisions of the Financial Regulation applicable to the General Budget of the European Communities and its implementing rules. In particular, the memorandum of understanding to be agreed with the authorities of Albania shall provide for appropriate measures by Albania related to the prevention of fraud and other irregularities linked to this assistance. It will also provide for controls by the Commission, including the European Anti-Fraud Office (OLAF), with the right to perform on-the-spot checks and inspections and for audits by the Court of Auditors, where appropriate, to be carried out on the spot.

Article 5

1. The borrowing and lending operations referred to in Article 1(2) shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risks, or in any other commercial risk.

2. The Commission shall take the necessary steps, if Albania so requests, to ensure that an early repayment clause is included in the loan terms and conditions and that it may be exercised.

3. At the request of Albania, and where circumstances permit an improvement in the interest rate of the loan, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.

4. All costs incurred by the Community which are directly related to the borrowing and lending operations under this Decision shall be borne by Albania.

5. The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3.

Article 6

At least once a year, and before September, the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation on the implementation of this Decision in the previous year.

Article 7

Council Decision 1999/282/EC is hereby repealed.

Article 8

This Decision shall take effect on the day of its publication in the  Official Journal of the European Union .

Done at Luxembourg,  29 April 2004.

 For the Council

 The President

M. Mc Dowell

(1) Opinion issued on  31 March 2004  (not yet published in the Official Journal).

(2) OJ L 110, 28.4.1999, p. 13.


title: 2011/600/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of Eurojust for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/215

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of Eurojust for the financial year 2009
   (2011/600/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of Eurojust for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2009, together with Eurojust’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0133/2011),

               1.

               Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2009;

               2.

               Sets out its observations in the Resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 144.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 63, 6.3.2002, p. 1.

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

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/216

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of Eurojust for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of Eurojust for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2009, together with Eurojust’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0133/2011),

               A.

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

               B.

               whereas on 5 May 2010 Parliament granted the Administrative Director of Eurojust discharge for implementation of the Agency’s budget for the financial year 2008 (5), and in its Resolution accompanying the discharge Decision, inter alia:

                           —

                           welcomed the conclusion on 24 September 2008 of the Practical Agreement on arrangements of cooperation between the Agency and OLAF,

                           —

                           noted the Court of Auditors’ finding that in 2008 the Agency still had difficulties carrying forward appropriations, even if the amount appeared to be lower than in the previous year (13 % of final budget appropriations, instead of 25 % of appropriations carried over in 2007),

                           —

                           regretted that the Court of Auditors again found deficiencies in procurement procedures, as in the previous 3 years,

               C.

               whereas the budget of the Agency for 2009 was EUR 26 400 000, which is an increase of 6,4 % on the financial year 2008,

      Performance

               1.

               Welcomes the Agency’s initiative to include Key Performance Indicators in its 2010 unit plans; calls, nevertheless, on the Agency to inform the discharge authority on these key indicators and their links to the Agency’s objectives, budget and work programme; considers, in fact, that linking indicators to the objectives, budget and work programme of the Agency will allow stakeholders to evaluate the Agency’s performance better;

               2.

               Welcomes the Agency’s initiative to have presented, in the table annexed to the Court of Auditors’ 2009 report, a comparison of the operations that were carried out during 2008 and 2009 so as to enable the discharge authority to assess more effectively its performance from one year to the next;

      Carry-over of appropriations

               3.

               Notes with satisfaction that the Court of Auditors does not comment on the level of carry-overs and cancellations of appropriations in 2009;

               4.

               Notes that the discharge for the implementation of the budget for the Agency should be further based on its performance throughout the year;

               5.

               Calls on the Agency to inform the discharge authority of the steps taken to avoid carrying forward appropriations; such carrying forward of appropriations has been a constant issue during the previous discharge procedures;

      Improvement in procurement procedures

               6.

               Congratulates the Agency for establishing measures to estimate the market value of relevant products/services before commencing a procurement procedure; considers this initiative an important practice to be followed by other agencies; welcomes, in addition, the Agency’s annual procurement plan for 2009 which greatly helped the Agency’s units and services in the management of their tenders; considers that these initiatives improve the authorising officer’s guidance and control;

      Human resources

               7.

               Expresses concern at the fact that the Court of Auditors has again noted shortcomings in the planning and implementation of recruitment procedures; notes in particular that the level of vacant posts (24 %) is still too high, although less than in 2008 (26 %) and in 2007 (33 %); calls, accordingly, on the Agency to set up a comprehensive recruitment action plan to significantly reduce the vacancy rate and inform the discharge authority about this; welcomes, however, the Agency’s intention to reduce the vacancy rate to less than 8 % by the end of 2011;

               8.

               Congratulates the Agency’s achievement in 2009 of reducing the number of temporary staff ‘acting as staff members’ from 31 to 10 by the end of that year; calls, nevertheless, on the Agency to further reduce this number as recommended by the Internal Audit Service (IAS);

               9.

               Acknowledges that the Agency launched its new recruitment procedure in 2009 which provided that members of the selection board shall only invite applicants to interviews who score a minimum of 75 % on the preliminary evaluation and only place on reserve lists candidates who score a minimum of 75 % on the interview evaluation and on the written tests;

               10.

               Expresses concern that the Court of Auditors has reported that three out of six middle management (Head of Unit) posts at the Agency were filled on a temporary basis by ‘acting’ staff members; underlines that this situation indicates difficulties in attracting and retaining the right staff; welcomes, nevertheless, the Agency’s plan to adopt a decision which will provide that the final assessment of applicants will be based on the combination of the grade given at the moment of the completion of the application form, and the result of interviews and written tests; considers that this approach is an improvement of the Agency’s selection procedures as it takes into account, in an effective manner, each candidate’s merits;

      Internal audit

               11.

               Acknowledges that out of the 26 recommendations made by the IAS in 31 December 2008 just 4 have been resolved (2 of which were considered ‘critical’); notes, in addition, that the IAS issued an additional recommendation in December 2009 and that 15 out of the remaining 23 recommendations have an implementation delay of more than 12 months; calls, accordingly, on the Agency to inform the discharge authority of the reasons for such a delay and to take immediate action on improving the recruitment procedure, reducing the number of interim staff, restructuring the Human Resources (HR) Unit, developing an HR management plan, reinforcing the monitoring of HR activities and reviewing the content of the register of exceptions;

               12.

               Welcomes the Agency’s initiative of providing the discharge authority with the IAS Annual Internal Audit Report concerning the Agency; considers this to be an indication of transparency and an example of best practice to be followed by all other agencies;

               13.

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

      (1)  OJ C 338, 14.12.2010, p. 144.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 63, 6.3.2002, p. 1.

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

      (5)  OJ L 252, 25.9.2010, p. 202.

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


Avis juridique important

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31995D0402

95/402/JHA: Council Decision of 25 September 1995 concerning the implementation of the Joint Action on measures implementing Article K.1 of the Treaty on European Union

Official Journal L 238 , 06/10/1995 P. 0002 - 0003

COUNCIL DECISIONof 25 September 1995concerning the implementation of the Joint Action on measures  implementing Article K.1 of the Treaty on European Union(95/402/JHA)THE COUNCIL  OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article K.3 (2) (b) and Article  K.8 (2) thereof, Having regard to the general budget of the European Communities for 1995, with specific reference  to Articles B 5.800, B 5.801 and B 5.802 thereof, Having regard to the Joint Action adopted on the basis of Article K.3 of the Treaty on European  Union, on measures implementing Article K.1 of the Treaty (1), HAS DECIDED AS FOLLOWS: Article 1The overall allocation for implementing the part of the  abovementioned joint action to be covered by the general budget of the European Communities for  1995 shall be ECU 5,2 million. Article 2Within the framework of the general budget of the European Communities, the amount  referred to in Article 1 shall be allocated to the following areas: - asylum-immigration and judicial cooperation: ECU 2 500 000, - police and customs cooperation (including customs cooperation: ECU 400 000): ECU 2 200 000, - transparency of activities under Title VI of the Treaty: ECU 500 000. In order to be eligible, projects must: - involve more than one Member State, or a single Member State if they are of common interest,  and- precede or follow up the establishment of provisions under Title VI of the Treaty or  facilitate any operational cooperation in the abovementioned areas. Projects may take the form of measures relating to training, the gathering and exchange of  information and experience, seminars, studies and publications or other operational measures in  support of cooperation activities of the Union. Representatives of third countries may be associated with projects whose purpose waarants it. Article 3Projects for which financing is requested shall be proposed by the Member States or the  Commission in the case of areas covered by Article K.1 (1) to (6) of the Treaty, and by the Member  States alone in the case of areas covered by Article K.1 (7) to (9) of the Treaty. Article 4The Commission shall prepare any such requests for decision. On the basis of those  elements, the projects adopted and the financing allocated to them shall be decided on in a Working  Party composed of representatives of the Member States. Article 5The Commission shall be responsible for implementing financing decisions and shall  report regularly to the European Parliament and the Council. Article 6Without prejudice to the date of entry into force of this Decision, expenditure shall  be considered as eligible for assistance from the budget laid down to the extent that the facts  giving rise to the expenditure, subsequent to the request for financing, occur after 31 July 1995. Article 7This Decision shall enter into force on the day of its adoption. It shall apply until 31 December 1995. Done at Brussels, 25 September 1995. For the CouncilThe PresidentJ. A. BELLOCH JULBE(1) See page 1 of this  Official Journal.


title: 2007/823/EC: Council Decision of 8 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Montenegro on the facilitation of the issuance of visas

text:
               19.12.2007

               EN

               Official Journal of the European Union

               L 334/108

         COUNCIL DECISION
   of 8 November 2007
   on the conclusion of the Agreement between the European Community and the Republic of Montenegro on the facilitation of the issuance of visas
   (2007/823/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(i) and (ii), 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)

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

               (2)

               The Agreement was signed, on behalf of the European Community, on 18 September 2007 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 18 September 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 Montenegro 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.
   Article 2
   The President of the Council shall give the notification provided for in Article 14(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 at Brussels, 8 November 2007.

            For the Council

            The President

         R. PEREIRA

      (1)  Opinion delivered on 24 October 2007.

      (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 Montenegro on the facilitation of the issuance of visas
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   and
   THE REPUBLIC OF MONTENEGRO,
   hereinafter referred to as ‘the Parties’,
   HAVING REGARD to the European perspective of the Republic of Montenegro, the Stabilisation and Association Agreement (SAA) negotiations between the European Community and the Republic of Montenegro,
   REAFFIRMING, the intention to cooperate closely within the framework of the future SAA structures for the liberalisation of the visa regime between the Republic of Montenegro and the European Union, in line with the conclusions of the EU-Western Balkans Summit held in Thessaloniki on 21 June 2003,
   DESIRING, as a first concrete step towards the visa free travel regime, to facilitate people-to-people contacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties, by facilitating the issuing of visas to citizens of the Republic of Montenegro,
   BEARING IN MIND that, all EU citizens are exempted from the visa requirement when travelling to the Republic of Montenegro for a period of time not exceeding 90 days or transiting through the territory of the Republic of Montenegro,
   RECOGNISING that if the Republic of Montenegro was to reintroduce the visa requirement for EU citizens, the same facilitations granted under this agreement to the citizens of The Republic of Montenegro would automatically, on the basis of reciprocity, apply to EU citizens,
   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
   1.   The purpose of this Agreement is to facilitate the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of the Republic of Montenegro.
   2.   If the Republic of Montenegro was to reintroduce the visa requirement for EU citizens or certain categories of EU citizens, the same facilitations granted under this agreement to the citizens of the Republic of Montenegro would automatically, on the basis of reciprocity, apply to EU citizens concerned.
   Article 2
   General clause
   1.   The visa facilitations provided in this Agreement shall apply to citizens of the Republic of Montenegro only insofar as they are not exempted from the visa requirement by the laws and regulations of the Community or the Member States, the present agreement or other international agreements.
   2.   The citizen law of the Republic of Montenegro, 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, the Republic of Ireland and the United Kingdom;

               (b)

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

               (c)

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

               (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 in total,

                           —

                           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 Montenegro 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 Montenegro the following documents are sufficient for justifying the purpose of the journey to the other Party:

               (a)

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

                           —

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

               (b)

               business people and representatives of business organisations:

                           —

                           a written request from a host legal person or company, or an office or 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 a Chamber of Commerce, the Union of Employers of the Republic of Montenegro or the Montenegro Business Alliance;

               (c)

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

                           —

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

               (d)

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

                           —

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

               (e)

               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;

               (f)

               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;

               (g)

               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, academy, college or school or student cards or certificates of the courses to be attended;

               (h)

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

                           —

                           a written request from the host organisation: competent authorities, National Sports Federations or National Olympic Committees of the Member States;

               (i)

               participants in official exchange programmes organised by twin cities:

                           —

                           a written request of the head of administration/mayor of these cities;

               (j)

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

                           —

                           a written request from the host person;

               (k)

               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;

               (l)

               persons visiting for medical reasons and necessary accompanying persons:

                           —

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

               (m)

               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 buried;

               (n)

               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;

               (o)

               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;

               (p)

               judges participating in international exchange programmes, symposia, seminars or similar training events held in the territory of the Member States:

                           —

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

               (q)

               representatives of the religious communities in the Republic of Montenegro:

                           —

                           a written request from a religious community registered in the Republic of Montenegro, stating the purpose, duration and frequency of trips;

               (r)

               persons travelling for tourism:

                           —

                           a certificate or voucher from a travel agency or a tour operator accredited by Member States in the framework of the local consular cooperation confirming the booking of an organised trip;

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

               (a)

               for the invited person — name and surname, date of birth, sex, citizenship, number of the identity document, 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; or

               (c)

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

                           —

                           if the invitation is issued by an organisation, the name and position of the person who signs the invitation,

                           —

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

         3.   For the categories of persons mentioned in paragraph 1 of this article, all categories of visa are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Member States.
   Article 5
   Issuance of multiple-entry visas
   1.   Diplomatic missions and consular 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 the National Government, Parliament, Constitutional Court and Supreme Court, President of the Court of Appeals, President of the Administrative Court in case they are not exempted from the visa requirement by the present Agreement, in the exercise of their duties, with the 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 Montenegro, shall regularly participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

               (c)

               spouse and children (including adopted), who are under the age of 21 or are dependant, visiting citizens of the Republic of Montenegro 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.

         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 Montenegro, shall regularly participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

               (b)

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

               (c)

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

               (d)

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

               (e)

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

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

               (h)

               journalists;

               (i)

               participants in official exchange programmes organised by twin cities;

               (j)

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

               (k)

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

               (l)

               representatives of religious communities registered in the Republic of Montenegro, who regularly travel to the Member States.

               (m)

               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;

               (n)

               judges participating in international exchange programmes, symposia, seminars or similar training events, who regularly travel to the Member States.

         3.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of a minimum of two years and a maximum of five years to the categories of persons referred to in paragraph 2 of this Article, 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 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States.
   Article 6
   Fees for processing visa applications
   1.   The fee for processing visa applications of citizens of the Republic of Montenegro shall amount to EUR 35.
   The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 14(4).
   If the Republic of Montenegro was to reintroduce the visa requirement for EU citizens, the visa fee to be charged by the Republic of Montenegro shall not be higher than EUR 35 or the amount agreed if the fee is reviewed in accordance with the procedure provided for in Article 14(4).
   2.   Fees for processing the visa application are waived for the following categories of persons:

               (a)

               members of the National Government, Parliament, Constitutional Court and Supreme Court, president of the Court of Appeals, president of the Administrative Court, persons mentioned in the Article 5(1), point (a) if they are not exempted from the visa requirement by the present Agreement;

               (b)

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

               (c)

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

               (d)

               pupils, students, post-graduate students and accompanying teachers who undertake trips for the purpose of study or educational training;

               (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;

               (j)

               journalists;

               (k)

               pensioners;

               (l)

               judges participating in international exchange programmes, symposia, seminars or similar training events;

               (m)

               representatives of religious communities registered in the Republic of Montenegro;

               (n)

               representatives of civil society organisations travelling to attend meetings, seminars, exchange programmes or training courses;

               (o)

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

               (p)

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

               (q)

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

               (r)

               Children under six years of age.

         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 three working days or less in urgent cases.
   Article 8
   Departure in case of lost or stolen documents
   Citizens of the European Union and of the Republic of Montenegro who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of the Republic of Montenegro 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 Montenegro without any visa or other authorisation.
   Article 9
   Extension of visa in exceptional circumstances
   Citizens of the Republic of Montenegro who do not have the possibility 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 Montenegro, holders of valid diplomatic passports can enter, leave and transit through the territories of the Member States without visas.
   2.   Persons mentioned in paragraph 1 of this Article may stay in the territories of the Member States for a period not exceeding 90 days per period of 180 days.
   Article 11
   Territorial validity of visas
   Subject to the citizen rules and regulations concerning citizen security of the Member States and subject to EU rules on visas with limited territorial validity, citizens of the Republic of Montenegro shall be entitled to travel within the territory of the Member States on an equal basis with European Union citizens.
   Article 12
   Joint Committee for management of the Agreement
   1.   The Parties shall set up a Joint Committee of experts (hereinafter referred to as ‘the Committee’), composed by representatives of the European Community and of the Republic of Montenegro. 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 the present Agreement;

               (b)

               suggesting amendments or additions to the present 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 Montenegro
   1.   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 Montenegro, insofar as the provisions of the latter agreements or arrangements cover issues dealt with by the present Agreement.
   2.   The provisions of bilateral Agreements or arrangements between individual Member States and the Republic of Montenegro signed before 1 January 2007 providing for the exemption of the holders of service passports from the visa requirement, shall continue to apply for a period of five years from the entry into force of this Agreement without prejudice to the right of the Member States concerned or the Republic of Montenegro to denounce or suspend these bilateral agreements during this period of five years.
   Article 14
   Final clauses
   1.   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to above have been completed.
   2.   By way of derogation to paragraph 1 of this Article, the present 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 Montenegro on readmission of persons if this date is after the date provided for in paragraph 1 of this Article.
   3.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 6 of this Article.
   4.   This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force after the Parties have notified each other of the completion of their internal procedures necessary for this purpose.
   5.   Each Party may suspend in whole or in part this Agreement for reasons of public order, protection of citizen 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 eighteenth day of September in the year two thousand and seven in duplicate in each of the official languages of the Parties, 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
         Za Evropsku Zajednicu

         За Република Черна гора
         Por la República de Montenegro
         Za Republiku Ċerná Hora
         For Republikken Montenegro
         Für die Republik Montenegro
         Montenegro Vabariigi nimel
         Για τη Δημοκρατία του Μαυροβουνίου
         For the Republic of Montenegro
         Pour la République du Monténégro
         Per la Repubblica del Montenegro
         Melnkalnes Republikas vārdā
         Juodkalnijos Respublikos vardu
         A Montenegrói Köztársaság részéről
         Għar-Repubblika ta' Montenegro
         Voor de Republiek Montenegro
         W imieniu Republiki Czarnogóry
         Pela República do Montenegro
         Pentru Republica Muntenegru
         Za Čiernohorskú republiku
         Za Republiko Črno goro
         Montenegron tasavallan puolesta
         För Republiken Montenegro
         Za Republiku Crnu Goru

   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 citizen 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 European Parliament and Council Decision No 895/2006/EC of 14 June 2006.
   As European Parliament and Council 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 present 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 Montenegro 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 Montenegro.
   JOINT DECLARATION CONCERNING THE UNITED KINGDOM AND IRELAND
   The Parties take note that the present 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 Montenegro, 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 Montenegro 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 Montenegro.
   JOINT DECLARATION CONCERNING SWISS CONFEDERATION AND LIECHTENSTEIN
   (if needed)
   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 Montenegro have concluded, a similar declaration will also be made in respect of Switzerland and Liechtenstein.
   EUROPEAN COMMUNITY DECLARATION ON REVIEWING THE VISA REQUIREMENT FOR HOLDERS OF SERVICE PASSPORTS
   As the exemption of the holders of service passports from the visa requirement provided in bilateral Agreements or arrangements between individual Member States and the Republic of Montenegro which have been signed before 1 January 2007 shall only continue to apply for a period of five years from the entry into force of this Agreement without prejudice to the right of the Member States concerned or the Republic of Montenegro to denounce or suspend these bilateral agreements during this period of five years, the European Community will reassess the situation of the holders of service passports at the latest 4 years after the entry into force of this Agreement, in view of a possible amendment of the Agreement to that end in accordance with the procedure provided in Article 14(4).
   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 has been adopted on 19 July 2006 by the European Commission and addresses 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 Montenegro are given coherent and uniform basic information and are required to submit, in principle, the same supporting documents.

         The information mentioned above including the list of accredited travel agencies and tour operators in the framework of local consular cooperation 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.
   EUROPEAN COMMUNITY DECLARATION ON FACILITATIONS FOR FAMILY MEMBERS AND BONA FIDE APPLICANTS
   The European Community takes note of the suggestion of the Republic of Montenegro to give a wider definition to the notion of family members that should benefit from visa facilitation as well as of the importance that the Republic of Montenegro attaches to the simplification of movement of this category of persons.
   In order to ease the mobility of an extended number of persons which have family links (in particular sisters and brothers and their children) with citizens of the Republic of Montenegro legally residing in the territories of Member States, the European Community invites the Member States’ consular offices to make full use of the existing possibilities in the acquis communautaire for facilitating the issuance of visas to this category of persons, including in particular, the simplification of documentary evidence requested for the applicants, exemptions from handling fees and where appropriate the issuing of multiple entry visas.
   In addition, the European Community also invites the Member States' consular offices to make full use of these possibilities for the facilitation of the issuance of visas to bona fide applicants.
   EUROPEAN COMMUNITY DECLARATION ON SEAMEN
   In line with international agreements on the mobility of civilian ships crew members, the European Community invites Member States consular offices to make full use of the existing possibilities in the acquis communautaire for facilitating the issuance of transit visas to seamen from Montenegro. This includes in particular, the simplification of documentary evidence requested for the applicants and the issuing of multiple entry transit visas.


Avis juridique important

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31994D0595

94/595/EC: Commission Decision of 27 July 1994 setting up a Joint Committee on Postal Services

Official Journal L 225 , 31/08/1994 P. 0031 - 0033 Finnish special edition: Chapter 5 Volume 6 P. 0157  Swedish special edition: Chapter 5 Volume 6 P. 0157

COMMISSION DECISION of 27 July 1994 setting up a Joint Committee on Postal Services (94/595/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Whereas the Heads of State or of Government stated in their declaration of 21 October 1972 that the primary aim of economic expansion should be to enable disparties in living conditions to be reduced and that this aim should express itself in a better  quality of life and a higher standard of living;  Whereas, in this connection, they considered it indispensable that both employers and employees should be increasingly involved in the economic and social decisions of the Community;  Whereas the Council, in its resolution of 21 January 1974 concerning a social action programme (1), named increased involvement of management and labour in the economic and social decisions of the Community as one of the priority measures to be taken;  Whereas the European Parliament, in its resolution of 13 June 1972 (2), stated that the participation of employers and employees in the formulation of a Community social policy should be achieved during the first stage of economic and monetary union;  Whereas the Economic and Social Committee, in its opinion of 24 November 1971, expressed a similar view;  Whereas the Council stressed, in its conclusions of 22 June 1984 concerning a Community medium-term social action programme (3), that the European social dialogue must be strengthened and its procedures adapted in order to involve the social partners  more effectively in the economic and social decisions of the Community;  Whereas Article 118b of the Treaty states that the Commission is to endeavour to develop the dialogue between management and labour at European level which could, if the two sides consider it desirable, lead to relations based on agreement;  Whereas point 12 of the Community Charter of the Fundamental Social Rights of Workers states that 'Employers or employers' organization, on the one hand, and workers' organizations, on the other, shall have the right to negotiate and conclude collective  agreements under the conditions laid down by national legislation and practice. The dialogue between the two sides of industry at European level which must be developed, may, if the parties deem it desirable, result in contractual relations in  particular at inter-occupational and sectoral level';  Whereas the situation in the various Member States clearly demonstrates the need for the two sides of the postal sector to participate actively in discussions concerning the improvement of living and working conditions in their sector; whereas a joint  committee attached to the Commission is the most appropriate means of ensuring such participation by creating at Community level a representative forum for the socio-economic interests involved;  Whereas the postal authorities of the Member States, the sector's operators and users and the Commission acknowledge the need for dialogue between employers and workers on the means of providing the Community with the efficient postal service it needs,   HAS DECIDED AS FOLLOWS:   Article 1  A Joint Committee on Postal Services (hereinafter referred to as 'the Committee') is hereby established.   Article 2  The Committee shall, by delivering opinions, assist the Commission in the formulation and implementation of Community policy aimed at:  - improving the economic amd competitive position of the Community's postal sector,  - improving and harmonizing living and working conditions in the postal sector within the context of the relevant provisions of the Treaty.   Article 3  1. In order to attain the objectives laid down in Article 2, the Committee shall:  (a) issue opinions and submit reports to the Commission, either at the latter's request or on its own initiative; and (b) in respect of matters falling within the competence of the employers' and employees' associations listed in Article 4 (3):  - promote dialogue and cooperation between these associations,  - arrange for studies to be carried out,  - participate in discussions and seminars.  2. The Committee shall ensure that all interested parties are informed of its activities.  3. Upon requesting an opinion or report from the Committee under the terms of point (a) of paragraph 1, the Commission may fix a time-limit within which the opinion or report shall be given.   Article 4  1. The Committee shall consist of 54 members.  2. Membership of the Committee shall be allocated as follows:  (a) 27 to employers' representatives;  (b) 27 to employees' representatives.  3. The members of the Committee shall be appointed by the Commission as follows:  (a) 48 on proposals from the following associations of employers and employees:  - Postal, Telegraph and Telephone International (PTTI) and Fédération Européenne du Personnel des Services Publics as regards 24 members,  - the competent authorities of Member States for the postal sector as regards 24 members.  (b) 6, directly by the Commission, after condulting the associations referred to in point (a), from those associations of employers and employees which are the most representative, and, if appropriate, associations other than those referred to in (a).   Article 5  1. An alternate shall be appointed for each member of the Committee under the same conditions as those laid down in Article 4 (3).  2. Without prejudice to the provisions of Article 9, an alternate shall not attend meetings of the Committee or a working group provided for in Article 9, or participate in its work, unless the member for whom he is the alternate is prevented from doing  so.   Article 6  1. Committee members and their alternates shall hold office for a term of four years; appointments shall be renewable.  2. Members and their alternates whose term of office has expired shall remain in office until they have been replaced or their term of office has been renewed.  3. A member's or an alternate's term of office shall cease before the expiry of the period of four years upon his resignation or death or if the association which proposed him requests his replacement. His successor shall be appointed for the remainder  of the term of office in the manner prescribed in Article 4 (3).  4. There shall be no payment for duties performed.   Article 7  1. The Committee shall, by a two-thirds majority of members present, elect from among its members a chairman and a vice-chairman who shall hold office for a term of two years. The chairman and vice-chairman shall be chosen alternately from  amongst the two groups of associations listed in Article 4 (3).  2. (a) A chairman or vice-chairman whose term of office has expired shall remain in office until he has been replaced.  (b) Should the chairman or vice-chairman cease to hold office before expiry of his term, he shall be replaced for the remainder of the term by a person appointed in the manner prescribed in paragraph 1 upon a proposal from the group to which his  association belongs.   Article 8  The Committee shall create a Bureau consisting, in addition to the chairman and vice-chairman, of two representatives selected by the employers' group and two representatives selected by the employees' group, to plan and coordinate its work.  The Bureau may invite the rapporteurs of any working parties provided for in Article 9 to participate in these meetings.   Article 9  The Committee may:  (a) set up ad hoc or permanent working parties to facilitate its work. It may authorize a member to delegate another representative of his association, who shall be named, to take his place in a working party; such delegate shall enjoy the same rights  at meetings of the working party as the member he replaces;  (b) ask the Commission to appoint experts to assist it in specific tasks.  The employers' and employees' groups may ask for the attendance at Committee meetings, as an expert, of any person who is specially qualified in any particular subject on the agenda. The expert shall be present only for the discussion of the particular  subject for which his attendance is required.   Article 10  The Committee shall be convened by its secretariat at the request of the Commission, the Bureau or a third of its members. In the last case it shall meet within a period of 30 days.   Article 11  1. No opinion of the Committee shall be valid unless two-thirds of the members or their alternates are present.  2. The Committee shall submit its opinions or reports to the Commission. If an opinion or report is not unanimous, the Committee shall advise the Commission of the dissenting views expressed.   Article 12  1. The Commission shall provide a secretariat for the Committee, the Bureau and the working parties.  2. The Commission shall ensure that representatives of appropriate seniority from its departments attend all the meetings of the Committee, the Bureau and the working parties.  3. If appropriate, a representative of the secretariat of each of the associations listed in point (a) of Article 4 (3) may attend the meetings of the Committee in the capacity of observer.  4. After hearing the Committee's views, the Commission may ask the other organizations than those mentioned in Article 4 (3) to participate as observers in the Committee's work.   Article 13  If the Commission has informed the Committee that an opinion requested relates to a matter of a confidential nature, members of the Committee shall be bound, without prejudice to the provisions of Article 214 of the Treaty, not to disclose  any information acquired at the meetings of the Committee, the working parties or the Bureau.   Article 14  After hearing the Committee's views, the Commission may review this Decision in the light of experience gained.   Article 15  This Decision shall enter into force on 27 July 1994.  Done at Brussels, 27 July 1994.  For the Commission Padraig FLYNN Member of the Commission  (1) OJ No C 13, 12. 2. 1974, p. 1.  (2) OJ No C 70, 1. 7. 1972, p. 11.  (3) OJ No C 175, 4. 7. 1984, p. 1.


Avis juridique important

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32003D0710(01)

Decision on official holidays of 10 June 2003

Official Journal L 172 , 10/07/2003 P. 0012 - 0013

Decision on official holidaysof 10 June 2003THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES,Having regard to Article 80(2) of the Rules of Procedure,Whereas:(1) In accordance with Article 28(3) of the Rules of Procedure, the Court observes the official holidays of the place where it has its seat and, in accordance with Article 80(2) of those Rules, it draws up a list of official holidays to be published in the Official Journal of the European Union.(2) The list of official holidays drawn up on 19 June 1991(1) includes 24 June, where 23 June is a Sunday, since the Luxembourg legislation then in force provided that, where the day of the public celebration of the Grand Duke's birthday, specified to be 23 June, fell on a Sunday, the public celebration of that birthday was to be put back to 24 June.(3) By Law of 12 February 1999, that legislation was amended and 24 June is no longer a public holiday where 23 June falls on a Sunday.(4) It is therefore necessary to draw up a new list of official holidays,DECIDES:Article 1For the purposes of Article 80(2) of the Rules of Procedure, the following shall be official holidays:- New Year's Day,- Easter Monday,- 1 May,- Ascension Day,- Whit Monday,- 23 June,- 15 August,- 1 November,- 25 December,- 26 December.The official holidays referred to in the first paragraph hereof shall be those observed at the place where the Court of Justice has its seat.Article 2Article 80(2) of the Rules of Procedure shall apply only to the official holidays mentioned in Article 1 of this Decision.Article 3This Decision, which shall be annexed to the Rules of Procedure, shall enter into force on the day of its publication in the Official Journal of the European Union.Done at Luxembourg, 10 June 2003.(1) OJ L 176, 4.7.1991, p. 31.


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32000D0249

2000/249/EC: Council Decision of 20 March 2000 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Malta

Official Journal L 078 , 29/03/2000 P. 0017 - 0022

Council Decisionof 20 March 2000on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Malta(2000/249/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 555/2000 of 13 March 2000 on the implementation of operations in the framework of the pre-accession strategy for the Republic of Cyprus and the Republic of Malta(1),Having regard to the proposal from the Commission,Whereas:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 555/2000 complements Regulation (EC) No 622/98(2) which provides that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant country, as well as on subsequent significant adjustments applicable to them.(3) Community assistance is conditional on the fulfilment of essential elements, and in particular on progress towards fulfilment of the Copenhagen criteria. Where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance.(4) The 1999 Commission's regular report presented an objective analysis on the Republic of Malta's preparations for membership and identified a number of priority areas for further work.(5) In order to prepare for membership, the Republic of Malta should prepare a national programme for the adoption of the acquis. This programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 1(2) of Regulation (EC) No 555/2000 the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for the Republic of Malta are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Association Agreement bodies as appropriate and through the competent Council bodies to which the Commission shall report regularly.Article 3This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 20 March 2000.For the CouncilThe PresidentJ. Gama(1) OJ L 68, 16.3.2000, p. 3.(2) Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships (OJ L 85, 20.3.1998, p. 1).ANNEXMALTA: 1999 ACCESSION PARTNERSHIP1. OBJECTIVESThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 1999 regular report on the progress made by Malta towards membership of the European Union, the financial means available to help Malta implement these priorities and the conditions which will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate countries in their preparations for membership. These include, inter alia the national programme for the adoption of the acquis, the joint assessment of medium-term economic policy priorities, the pact against organised crime as well as the national development plans and other sectoral plans necessary for the participation in Structural Funds after membership. Each of these instruments is different in nature and is prepared and implemented according to specific procedures. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. PRINCIPLESThe main priority areas identified for each candidate country relate to their ability to assume the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate countries to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's regular reports have highlighted the extent of the efforts which still have to be made in certain areas by the candidate countries to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the countries concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with some countries and the opening of new negotiations with the others. The priorities and intermediate objectives are divided into two groups - short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Malta can complete or take them substantially forward by the end of 2000. The priorities listed under the medium-term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000.Malta is currently preparing a national programme for the adoption of the acquis (NPAA). It will set out a timetable for achieving priorities and intermediate objectives, based on the Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Malta's membership preparations. Malta will nevertheless have to address all issues identified in the regular report. It is also important that Malta fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Association Agreement and the screening exercise. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's regular report, the following short- and medium-term priorities and intermediate objectives have been identified for Malta.3.1. Short-term (2000)Economic criteria- establish a medium-term economic policy for the creation of a stable and sound macroeconomic environment,- establish clear long-term policies on taxation and bring previously unrecorded economic activity within the tax net,- define an industrial restructuring policy to accelerate industrial restructuring, in particular in the agri-food and furniture sectors, and continue privatisation.Internal market- intellectual and industrial property rights: adopt a new Patents Act in line with the European Patent Convention and the EC Regulations creating a supplementary protection certificate for medicinal products and for plant protection products,- company law: continue alignment, in particular transpose the 11th Directive,- data protection: adopt national legislation in accordance with EU directives,- free movement of goods: eliminate levies on imports from the EU; align civil and consumer policy legislation with the product liability directive by providing rules on the manufacturer's strict liability,- free movement of capital: adopt a precise calendar for achieving free movement of capital, starting by dismantling restrictions on long-term inward and outward capital flows,- competition: adopt a merger law; ensure application of competition rules to public undertakings with special or exclusive rights; adopt a State aid law and set up a State monitoring authority; complete State aid inventory and annual State aid reports,- telecommunications: establish independent national regulatory authority,- audiovisual: complete alignment of legislation,- taxation: continue transposition and establish timetable for full legislative alignment of VAT and excise duties legislation; ensure that new tax measures comply with the principles of the code of conduct for business taxation,- customs: design a timetable for harmonisation of legislation; adopt the Combined Nomenclature including harmonised rules of origin; implement the Single Administrative Document: reinforce institutional and administrative capacity including computerisation.Agriculture- prepare measures required to implement and establish administrative structures for the common agricultural policy and rural development policies,- continue alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, in particular at future external borders.Environment- adopt a strategy and a detailed, directive-specific programme for the transposition, the implementation and the enforcement of the EU environmental acquis, in particular through the development of framework and sector legislation, together with preparation of the necessary implementing regulations and capacity building requirements,- develop a plan for financing investments (directive specific), based on estimations of costs of alignment and realistic sources of public and private finance year-by-year,- complete transposition and enforce the environmental impact assessment Directive.Transport- adopt a strategy and timetable for the transposition and implementation of the acquis particularly in the field of aviation and maritime transport (including maritime safety).Employment and social affairs- support social partners' capacity-building efforts to develop and implement the acquisJustice and home affairs- lift the geographical reservation to the 1951 Geneva Convention in the field of asylum; boost participation in international cooperation in the field of justice,- adopt specific legislation on asylum and set up structures in charge of dealing with asylum requests; sign the Council of Europe Agreement on illicit drug trafficking by sea,- strengthen the staff of the economic crime squad and of the services in charge of the fight against drugs; ratify the European convention on laundering of proceeds of crime, sign the European criminal law convention on corruption and the OECD Convention on Bribery.Reinforcement of administrative and judicial capacity including capacity to manage and control EU funds- present a programme on public administration reform aiming at improving the efficiency and effectiveness of the public administration,- complete the legislative framework for internal and external financial control; set up a central organisation within the government for harmonising internal audit/control functions; set up internal audit/control unit in spending centres; introduce "functional independence" for national internal controllers/auditors at both central and decentralised levels and ex-ante financial control; issue an audit manual and develop audit trial for control of EU funds,- make available GDP/capita data in accordance with EU methodology.3.2. Medium-termEconomic criteria- reduce public debt and the budget deficit,- improve tax collection and reform of the public sector; restructure loss-making public sector enterprises and ensure that they face market discipline,- strengthen the financial system to prepare for a fully liberalised capital account regime,- complete the process of privatisation,- continue efforts to improve the conditions for enterprise creation and development, with particular attention to small- and medium-sized enterprises,- establish an annual fiscal surveillance procedure aimed to bring the reporting, monitoring and control of public finances, specifically fiscal positions, in line with the EU procedures.Internal market- public procurement: complete alignment to include local authorities and other bodies governed by public law; adapt the judicial review system to the requirements of relevant directives,- data protection: establish independent supervisory authority,- free movement of goods: ensure sufficient independence of standardisation, certification, accreditation and metrology bodies and finalise overall institutional arrangements; align national legislation in the field of pharmaceuticals with the acquis,- free movement of capital: abolish remaining restrictions on inward and outward capital movements in order to achieve full liberalisation,- free movement of services: align banking rules on deposit guarantee schemes and consolidate its supervision; adjust legislation on payment systems; further align legislation in the securities sector,- free movement of persons: complete alignment of mutual recognition of diplomas,- competition: reinforce the competition authorities; ensure conformity of State aid system in particular with regard to shipbuilding,- telecommunications: bring the telecommunications regulatory frameworks fully in line with the acquis in particular in the fields of licensing, interconnection and universal service, numbering and data protection,- taxation: full alignment of the tax acquis including the Community's transitional VAT regime; review existing laws and ensure compatibility with the code of conduct for business taxation; strengthen administrative capacity and control procedures including administrative cooperation and mutual assistance,- consumer protection: continue alignment and strengthen market surveillance and enforcement authorities,- customs: complete alignment of legislation including customs procedures with an economic impact, free zones, customs warehouses, tariff quotas and ceilings, suspensions, counterfeited and pirated goods and a binding tariff information system; provide for the use of simplified procedures; reinforce the organisation, in particular to prepare for the operation of all customs procedures with economic impact, the system of tariff suspensions and the administration of tariff quotas and ceilings; continue fight against fraud and corruption.Agriculture- continue preparations for implementation of the common agricultural policy and rural development policies.Fisheries- continue alignment, in particular on controls, imports and State aid, as well as the fleet register.Energy- prepare for the internal energy market, notably the electricity and gas directives (including adaptation of energy prices to cost levels and the establishment of a regulator),- align national legislation (oil stock requirements and energy efficiency) with the acquis; restructure Malta's institutional structures to separate policy formulation and regulation and reinforcement of its capacity to implement the acquis.Environment- complete transposition and implement the acquis with particular attention to the framework legislation, the horizontal legislation, and to the legislation on nature protection, on water quality and on waste management; strengthen the institutional, administrative and monitoring capacity,- integrate sustainable development principles into the definition and implementation of all other sectoral policies.Employment and social affairs- transpose and implement EU legislation in the fields of occupational health and safety, labour law, equal treatment of women and men and public health; reinforce related administrative structures and those required for the coordination of social security,- prepare a national employment strategy, with the help of the joint employment policy review, with a view to later participation in the European employment strategy.Economic and social cohesion- develop a national policy for economic and social cohesion with a view to diminishing internal disparities and preparing for Structural Funds implementation including pluriannual budgeting procedures and establishing structures for monitoring appraisal and evaluation.Transport- align road transport (market access, road safety, rules for dangerous goods and taxation), maritime transport legislation and aviation (particularly air safety and air traffic management).Justice and home affairs- continue progressive alignment of visa legislation and practice with that of the EU,- continue fight against trafficking in women and children.Reinforcement of administrative and judicial capacity including capacity to manage and control EU funds- reform the public sector in order to improve the efficiency and effectiveness of the public administration,- strengthen public financial control functions through the provision of adequate staff, training and equipment,- adopt EU compatible statistical methodologies and practices, in particular as regards GDP estimation, harmonised consumer price indexes, short-term indicators, social statistics, business register and balance of payments.4. PROGRAMMINGThe date of validity of the fourth Financial Protocol (12 June 1995 to 31 October 1998) was extended by one year (until 31 December 1999). The Protocol is the sole EU financial instrument (apart from EIB loans) for financial and technical cooperation.In 1998 no new funds were committed given the pre-accession orientation of the 1996 indicative programme. The funds available in 1999 amounted to EUR 5 million. Under these national allocations, Malta can also fund part of its participation in Community programmes including in the fifth research and technological development framework programme.Financial assistance from the year 2000 will be determined once the draft regulation on pre-accession finance has been adopted by the Council. Under these national allocations, Malta will also be able to fund part of its future participation in Community programmes.Activities financed as from the year 2000 will focus assistance on the adoption of the Community acquis on the basis of priority areas set out in this Accession Partnership.Malta is eligible for EIB loan finance under the Euro-Med mandate. There are also EUR 30 million of EIB loans available under the fourth Financial Protocol between Malta and the EU.5. CONDITIONALITYCommunity assistance for financing projects is conditional on respect by Malta of its commitments under the Association Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in 2000. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. MONITORINGThe implementation of the Accession Partnership is monitored in the framework of the Association Agreement and in particular in the Association Committee. The Accession Partnership will be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.