Avis juridique important

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31988D0348

88/348/EEC: Council Decision of 16 June 1988 adopting an action programme for the promotion of youth exchanges in the Community - "Youth for Europe" programme

Official Journal L 158 , 25/06/1988 P. 0042 - 0046

*****COUNCIL  DECISION  of 16 June 1988  adopting an action programme for the promotion of youth exchanges in the Community - 'Youth for Europe' programme  (88/348/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the Member States, when they became parties to the Treaty establishing the European Economic Community, declared themselves 'determined to lay the foundations of an ever closer union among the peoples of Europe';  Whereas, in order to achieve this objective, the Treaty has provided for powers to take action to ensure freedom of movement for employed and self-employed persons and those receiving services;  Whereas the Council, by Decision 84/636/EEC (3), established the third joint programme to encourage the exchange of young workers within the Community, in accordance with Article 50 of the Treaty;  Whereas youth exchanges will provide valuable preparation for, and usefully promote achievement of, the objective of the removal of obstacles to the free movment of persons in full accordance with the Treaty, and in particular the implementation of exchanges of young workers;  Whereas specific measures should be taken to assist young people to develop their sense of initiative and to foster an awareness in them of their abilities and responsibilities;  Whereas the Council and the Ministers for Education, meeting within the Council, at their meetings on 13 December 1976 (4) and 12 July 1982 (5), were resolved on the need adequately to prepare young people for adult and working life, and adopted action programmes relating thereto;  Whereas the European Council, meeting on 28 and 29 June 1985, adopted the conclusions of the ad hoc Committee on a People's Europe, which called for the promotion of youth exchanges within the Community and for an effective network of exchanges within and between Member States;  Whereas the European Parliament, in its resolution of 12 March 1981 on youth activities (6), of 7 June 1983 on youth exchanges (7) and of 16 December 1983 on a European Voluntary Service Scheme for Young People (8), advocated strengthening Community activities in this field;  Whereas youth exchanges are an appropriate method of teaching young people more about the European Community and its Member States; whereas they thus contribute to the training and preparation of young people for adult and working life;  Whereas a substantial improvement in the quality and quantity of youth exchanges in the Community can be achieved by a series of support measures at Community level, complementing the measures taken by the Member States and those taken under the third joint programme for the exchange of young workers, and taking into account the experience and the current contribution of organisms already working in this field;  Whereas, furthermore, exchanges carried out in the context of educational programmes and dealt with in the conclusions of the Council and the Ministers for Education, meeting within the Council, of 27 September 1985 on the enhanced treatment of the European dimension in education are a matter of importance, and whereas other categories of youth exchanges should be promoted subsequently within the Community;  Whereas, the Treaty has not provided the necessary powers, other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  A programme to promote youth exchanges in the Community, hereinafter referred to as the 'Youth for Europe' programme and as set out in the Annex, is hereby adopted for the period 1 July 1988 to 31 December 1991.  Article 2  For the purposes of this Decision, the term 'youth exchanges' shall refer to bilateral exchanges and multilateral exchanges and encounters arranged on the basis of joint plans between groups of young people, between the ages of 15 and 25 years, of a minimum duration of one week in a Member State other than that in which they reside and which are specifically planned so as to enable them to develop skills for active and working life as young people and adults in the Community by:  - gaining understanding, at first hand, of the economic, social and cultural life of other Member States (including the situations and problems of young people) through direct contact with the local community in the host country,  - establishing cooperative relationships between groups of young people from different Member States,  - exchanging ideas and identifying common interests with young people from other Member States and developing an awareness of a European identity,  - strengthening their awareness of belonging to Europe.  Article 3  The objectives of the 'Youth for Europe' programme to promote youth exchanges as defined in Article 2 shall be as follows:  (a) to promote youth exchanges within the European Community for an increasing number of young people from all the Member States, including, in particular, regions in which few opportunities for such exchanges are customarily available;  (b) to promote improvements in the quality of youth exchanges, in particular through assistance with the preparation and organization of exchanges, so as to achieve maximum impact and increase to the utmost the benefit to the young people concerned, in particular by enabling them to play an active part in organizing the exchanges;  (c) to encourage, as far as possible, diversification in youth exchanges and achieve an improved balance between Member States, inter alia by the promotion of multilateral exchanges, so as to extend participation, in particular, to young people from all kinds of social, economic and cultural backgrounds;  (d) to support the pursuit of European activities aimed at developing ongoing links between young people and groups of young people in the various Member States;  (e) to identify ways and means of overcoming the various financial, legal and administrative obstacles which may inhibit participation in, or the organization of, youth exchanges;  (f) to define, in the light of the experience gained, new actions which may be undertaken directed towards filling any gaps discovered in existing youth exchange programmes.  The programme shall be designed, in particular, to encourage the participation of young people who experience the most difficulties in being included in existing programmes of exchanges between the Member States.  Article 4  1. The Commission shall implement the 'Youth for Europe' programme in conformity with this Decision and its Annex.  2. In performing this task, the Commission shall be assisted by a committee of an advisory nature. The committee shall be composed of two representatives from each Member State, appointed by the Commission on the basis of proposals from the Member States concerned. Members of the committee may be assisted by experts or advisers. The committee shall be chaired by a representative of the Commission. The secretariat of the committee shall be provided by the Commission. A representative of the Council of Europe and a representative of the Youth Forum of the European Communities shall be invited to participate in the work of the committee as observers.  3. The Commission may consult the committee on all questions concerning the implementation of the programme. The Commission shall consult the committee on:  - the general approach concerning the measures provided for by the programme, its operation and its assessment,  - questions of general balance concerning the exchanges between Member States and concerning the various types of actions.  4. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall be entitled to ask to have its position recorded in the minutes.  5. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which the opinion has been taken into account.  6. The bodies referred to in Article 7 (2) (a) shall submit to the committee, via their governments, an annual report on their activities. The Commission shall likewise submit an annual report to the committee.  7. The committee's deliberations shall be confidential. The committee shall adopt its own rules of procedure.  Article 5  The estimated amount needed to finance the 'Youth for Europe' programme during the period 1989 to 1991 is 15 million ECU. Article 6  The Commission shall see to it that there is consistency and complementarity between this action programme and other activities of the Member States and the Community affecting youth exchanges, in particular those provided for under Decision 84/636/EEC. In this connection, account will be taken of the activities of the Council of Europe, inter alia in the field of information and training for youth leaders. The Commission shall also maintain regular contact with international organizations working in the field of youth exchanges.  Article 7  1. Member States shall lend their support to achieving the objectives of the 'Youth for Europe' programme as set out in Article 3 by taking appropriate measures to that end.  2. Each Member State shall:  (a) designate an existing body or set up one or more competent bodies responsible for coordinating the implementation of the programme at national level, although this may not necessarily be the only task assigned to such body or bodies;  (b) endeavour, as far as possible, to adopt the measures necessary to ensure that young people who have participated in exchanges under the programme do not lose their entitlements, particularly those linked to social security.  Article 8  The Commission shall adopt the measures necessary to implement this Decision.  Article 9  The Commission shall submit a report on the implementation of this Decision to the European Parliament and the Council after the end of the second year. The Council, acting on a proposal from the Commission, shall decide on a review of this Decision before the programme expires.  Done at Luxembourg, 16 June 1988.  For the Council  The President  K. TOEPFER  (1) OJ No C 322, 15. 12. 1986, p. 183.  (2) OJ No C 328, 22. 12. 1986, p. 45.  (3) OJ No L 331, 19. 12. 1984, p. 36.  (4) OJ No C 308, 30. 12. 1976, p. 1.  (5) OJ No C 193, 28. 7. 1982, p. 1.  (6) OJ No C 77, 6. 4. 1981, p. 38.  (7) OJ No C 184, 11. 7. 1983, p. 22.  (8) OJ No C 10, 16. 1. 1984, p. 286.  ANNEX  'YOUTH FOR EUROPE' PROGRAMME  (Description)  1. The 'Youth for Europe' programme is designed as a range of incentive measures to promote the development of youth exchanges in the European Community. The measures are directed at young people from 15 to 25 years of age, as well as youth organizations, youth workers, non-governmental organizations, public authorities and all other bodies able to play a role in promoting or organizing youth exchanges.  2. The following may be implemented in order to improve direct and indirect support for youth exchanges.  A. Measures providing financial aid for youth exchanges with an explicitly educational purpose, expressed in the form of a coherent project. Such a project would be so devised that the impact or repercussions of the exchange, in terms of cooperation or individual or group training, may be assessed. Exchanges organized as part of an educational or vocational training programme shall be excluded. Aid for exchanges shall not normally exceed 50 % of the total expenses incurred (journey and programme), but in certain justified cases the aid may cover up to a maximum of 75 %; the Commission shall, after consulting the Committee mentioned in Article 4 of the Decision, establish the criteria for granting this higher rate of aid. In calculating the aid to each Member State, quantitative objectives will be assigned in relation to the number of young people from 15 to 25 years of age in its population. The calculation will also take account of:  - the average cost of living in each Member State in relation to the Community average,  - the geographical distance between the Member States,  - the restoration of the balance of the flow of exchanges within the Community.  In the allocation of grants, priority will be given to exchanges which:  - bring together young people with different social, economic and cultural backgrounds,  - make young people aware of the European dimension, for example through their multilateral nature,  - are designed also for young people with disadvantaged backgrounds,  - have been initiated and planned by groups of young people themselves,  - concern regions of the Community where few opportunities for exchanges are available.  B. Aid for short study visits by groups of youth workers to acquaint themselves with the situation of young people in other Member States and make appropriate contacts for the organization of youth exchanges under the programme.  C. Aid for the setting-up and, exceptionally, for the development, of a youth exchange infrastructure by European non-governmental organizations.  D. Assistance for the setting-up and development of specific activities organized or sponsored by the bodies referred to in Article 7 (2) of the Decision. These activities shall be concerned, in particular, with the development of:  (a) internal information policy, including provision for an up-to-date central data service on all youth exchange opportunities and on sources of funding, advice and training for exchange organizers, as well as provisions for the dissemination of information to young people and exchange organizers at regional and local level;  (b) external information policy, including liaison with coordination agencies in other Member States and provision of multilingual information and advice to young people coming from abroad and to organizers of incoming youth exchanges, with account being taken of Council of Europe activities in this connection;  (c) consultation facilities, to give practical guidance on the preparation of youth exchanges and offer training courses, including language tuition, to exchange organizers. The said bodies shall submit each year to the Commission a draft plan for the implementation of the programme in their country, in conformity with the criteria laid down in paragraph 2 A of this Annex. They shall moreover have the task of administering at national level the financial aid measures established by the programme, in particular the direct aid for youth exchanges, including making decisions about the choice of beneficiaries and the amount to be allocated, within the limits laid down in the Decision and on the basis of the joint criteria referred to in paragraph 4 of this Annex. The Member State body concerned shall allocate financial aid both for its young people travelling abroad on exchange visits and for hosting visits from other Member States.  In the case of multilateral exchanges emanating from European or multilateral organizations, requests for aid may be addressed directly to the Commission, which shall deal with them in accordance with joint criteria and in cooperation with the national bodies concerned.  E. Aid for training for youth workers from two or more Member States aimed at better organization and exploitation of youth exchanges, in particular exchanges which have specific themes and involve a number of nationalities. In this connection, account will be taken of the activites of the Council of Europe and other bodies working in the same area.  3. Measures to complement and support those referred to in paragraph 2 may be carried out by the Commission, including measures to:  (a) encourage contacts between the bodies referred to in Article 7 (2) of the Decision;  (b) facilitate the production and dissemination of information and documentation and encourage exchanges of experience and the search for appropriate methodologies;  (c) promote the implementation of practical measures to encourage the mobility of young people in the Member States, including the issue of a European youth card to facilitate their access to existing services at national level;  (d) provide technical expertise and support for the implementation of grant and subsidy schemes.  4. Projects to receive Community assistance shall be chosen on the basis of joint criteria of quality, impact and efficacity responding to the programme objectives.


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32001D0903

2001/903/EC: Council Decision of 3 December 2001 on the European Year of People with Disabilities 2003

Official Journal L 335 , 19/12/2001 P. 0015 - 0020

Council Decisionof 3 December 2001on the European Year of People with Disabilities 2003(2001/903/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 13 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Having regard to the opinion of the Committee of the Regions(4),Whereas:(1) The promotion of a high level of employment and of social protection, and the raising of the standard of living and quality of life of the population of the Member States, are objectives of the European Community.(2) The Community Charter of the Fundamental Social Rights of Workers recognises the need to take appropriate action for the social and economic integration of disabled people.(3) The Resolution of the Council and the Ministers for Education, meeting within the Council, of 31 May 1990 concerning integration of children and young people with disabilities into ordinary systems of education stresses that "the Member States have agreed to intensify, where necessary, their efforts to integrate or encourage integration of pupils and students with disabilities, in all appropriate cases, into the ordinary education system".(4) The Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council of 20 December 1996 on equality of opportunity for people with disabilities(5), and the Council Resolution of 17 June 1999 on equal employment opportunities for people with disabilities(6), reaffirm the basic human rights of disabled people to equal access to social and economic opportunities.(5) The conclusions of the Lisbon European Council of 23 and 24 March 2000 call upon Member States to take greater account of social exclusion in their employment, education and training, health and housing policies and to define priority actions for specific target groups, such as people with disabilities.(6) The European social agenda approved by the Nice European Council meeting on 7, 8 and 9 December 2000(7) states that the European Union will develop, in particular during the European Year of People with Disabilities (2003), "all action intended to bring about the fuller integration of disabled people in all areas of life".(7) The year 2003 will mark the 10th anniversary of the adoption by the UN General Assembly of the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities, which have enabled considerable progress to be made in an approach to disability in accordance with human rights principles.(8) This Decision respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union(8). In particular, this Decision seeks to promote application of the principles of non-discrimination and integration of people with disabilities.(9) The European Parliament, the Economic and Social Committee and the Committee of the Regions have all urged the Community to strengthen its contribution to efforts in Member States to promote equal opportunities for people with disabilities, with a view to their integration into society.(10) On 10 May 2000 the Commission adopted a communication entitled "Towards a barrier-free Europe for people with disabilities", in which it commits itself to developing and supporting a comprehensive and integrated strategy to tackle social, architectural and design barriers that unnecessarily restrict access for people with disabilities to social and economic opportunities. The Parliament has unanimously adopted a similar resolution.(11) The general framework in favour of equal treatment in employment and occupation provided for by Directive 2000/78/EC(9) and the Community action programme to combat discrimination in order to support and supplement legislative measures at Community and Member State level set up by Decision 2000/750/EC(10) aim at changing practices and attitudes by mobilising the players involved and fostering the exchange of information and good practice.(12) Since exclusion from the labour market of people with disabilities is inextricably linked to problems of attitude and a lack of information about disability, it is necessary to increase society's understanding of the rights, needs and potential of disabled persons, and a joint effort by all the different partners is required to develop and promote a flow of information and an exchange of good practice.(13) Raising awareness relies primarily on effective action at Member State level which should be supplemented by concerted efforts at Community level. The European Year could act as a catalyst in raising awareness and in building momentum.(14) Consistency and complementarity with other Community action is needed, in particular with action to combat discrimination and social exclusion, and to promote human rights, education, training and gender equality.(15) The joint statement of 20 July 2000 provides for the budget authority to deliver an opinion on whether the new proposals with budgetary implications are compatible with the financial framework, without any reduction in existing policies.(16) The Agreement on the European Economic Area (EEA Agreement) provides for closer cooperation in the social field between the European Community and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area (EFTA/EEA), on the other. Provision should be made for participation, on the one hand, by the candidate countries of central and eastern Europe, in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils, on the other hand, by Cyprus, Malta and Turkey, funded by additional appropriations in accordance with the procedures to be agreed with those countries.(17) A financial reference amount within the meaning of paragraph 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(11) is included in this Decision without thereby affecting the powers of the budgetary authority as they are defined by the Treaty.(18) Since the objectives of the proposed action aimed at generating at European level awareness of the rights of people with disabilities, cannot be adequately achieved by the Member States on account, inter alia, of the need for multilateral partnerships, the transnational exchange of information and the Community-wide dissemination of good practice, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.(19) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(12),HAS DECIDED AS FOLLOWS:Article 1Establishment of the European Year of People with DisabilitiesThe year 2003 shall be designated as the "European Year of People with Disabilities".Article 2ObjectivesThe objectives of the European Year of People with Disabilities shall be:(a) to raise awareness of the rights of people with disabilities to protection against discrimination and to full and equal enjoyment of their rights;(b) to encourage reflection on and discussion of the measures needed to promote equal opportunities for people with disabilities in Europe;(c) to promote the exchange of experience of good practice and effective strategies devised at local, national and European level;(d) to reinforce the cooperation between all parties concerned, namely government, the social partners, NGOs, the social services, the private sector, communities, voluntary sector groups, people with disabilities and their families;(e) to improve communication regarding disability and promote a positive image of people with disabilities;(f) to raise awareness of the heterogeneity of people with disabilities and of the various kinds of disability;(g) to raise awareness of the multiple discrimination facing people with disabilities;(h) to pay special attention to awareness of the right of children and young people with disabilities to equality in education, so as to encourage and support their full integration in society and to promote the development of European cooperation between those professionally involved in the education of children and young people with disabilities, in order to improve the integration of pupils and students with special needs in ordinary or specialised establishments and in national and European exchange programmes.Article 3Content of measures1. The measures designed to meet the objectives set out in Article 2 may entail the development or the provision of support to:(a) meetings and events;(b) information and promotional campaigns throughout the Member States;(c) cooperation with broadcasting and media organisations;(d) surveys and studies on a Community-wide scale;2. Details of the measures referred to in paragraph 1 are set out in the Annex.Article 4Implementation at Community levelThe Commission shall ensure the implementation of the Community actions covered by this Decision in conformity with the Annex.It shall conduct a regular exchange of views with representatives of people with disabilities at Community level on the design, implementation and follow-up of the European Year of People with Disabilities. To that end, the Commission shall make the relevant information available to these representatives. The Commission shall inform the Committee established under Article 6(1) of their opinion.Article 5Cooperation and implementation at national level1. Each Member State shall be responsible for the coordination and implementation at national level of the measures provided for in this Decision, including the selection of projects under Part B of the Annex.To this end, each Member State shall establish or designate a national coordinating body or an equivalent body to organise the participation of the Member State in the European Year of People with Disabilities. This body shall ensure that it is representative of a range of organisations representing people with disabilities and other relevant stakeholders.2. The measures required to determine global grants to be allocated to the Member States to support actions at national, regional and local level shall be adopted in accordance with the procedure referred to in Article 6(2). Global grants shall be awarded only to public-law bodies or bodies which have a public-service mission guaranteed by the Member States.3. The procedure for the use of global grants shall be subject to an agreement between the Commission and the Member State concerned.The procedure shall detail in particular, in compliance with the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(13):(a) the measures to be implemented;(b) the criteria for choosing beneficiaries;(c) the conditions and rates of assistance;(d) the arrangements for monitoring, evaluating and ensuring the financial control of the global grant.Article 6Committee1. The Commission shall be assisted by a Committee, (hereinafter referred to as "the Committee").2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.3. The Committee shall adopt its rules of procedure.Article 7Financial arrangements1. Measures which are Community-wide in nature, as described in Part A of the Annex, may be subsidised up to 80 % or give rise to procurement contracts financed from the general budget of the European Communities.2. Measures which are local, regional or national, possibly with a transnational dimension, as described in Part B of the Annex, may be co-financed from the general budget of the European Communities up to a maximum of 50 % of the total cost.Article 8Application and selection procedure1. Decisions on the financing and co-financing of measures under Article 7(1) shall be adopted in accordance with the advisory procedure referred to in Article 6(2). The Commission shall ensure a balanced distribution among the different fields of activity involved.2. Requests for financial assistance for measures under Article 7(2) shall be submitted to the Member States. On the basis of the opinion expressed by the national coordinating bodies, Member States shall select beneficiaries and allocate financial assistance to the applicants selected in accordance with Article 5(3).Article 9Consistency and complementarityThe Commission, in cooperation with the Member States, shall ensure consistency between the measures provided for in this Decision and other Community actions and initiatives.The Commission shall also ensure that appropriate efforts are made to enable people with disabilities to participate equally in Community programmes and initiatives.It shall also ensure optimal complementarity between the European Year of People with Disabilities and other existing Community, national and regional initiatives and resources, where these can contribute to fulfilling the objectives of the European Year of People with Disabilities.Article 10Participation by the EFTA/EEA countries, the associated countries of central and eastern Europe, Cyprus, Malta and TurkeyThe European Year of People with Disabilities shall be open to participation by the following countries:(a) EFTA/EEA countries in accordance with the conditions established in the EEA Agreement;(b) the candidate countries of central and eastern Europe (CCEE) in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils;(c) Cyprus, Malta and Turkey, their participation being funded by additional appropriations in accordance with procedures to be agreed with those countries.Article 11Budget1. The financial reference amount for the implementation of this Decision is hereby set at EUR 12 million.2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.3. Actions aimed at preparing the launching of the European Year of People with Disabilities may be financed as from 1 January 2002.Article 12International cooperationWithin the framework of this Decision, the Commission may cooperate with relevant international organisations.Article 13Monitoring and evaluationThe Commission shall submit, by 31 December 2004 at the latest, a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the measures provided for in this Decision, including an assessment of the long-term effects of the measures. The Commission shall ensure that the report is drawn up in formats accessible to people with disabilities.Article 14Entry into forceThis Decision shall be published in the Official Journal of the European Communities.It shall take effect on the day of its publication.Done at Brussels, 3 December 2001.For the CouncilThe PresidentF. Vandenbroucke(1) OJ C 240 E, 28.8.2001, p. 160.(2) Opinion delivered on 15 November 2001 (not yet published in the Official Journal).(3) Opinion delivered on 17 October 2001 (not yet published in the Official Journal).(4) Opinion delivered on 15 November 2001 (not yet published in the Official Journal).(5) OJ C 12, 13.1.1997, p. 1.(6) OJ C 186, 2.7.1999, p. 3.(7) OJ C 157, 30.5.2001, p. 4.(8) OJ C 364, 18.12.2000, p. 1.(9) OJ L 303, 2.12.2000, p. 16.(10) OJ L 303, 2.12.2000, p. 23.(11) OJ C 172, 18.6.1999, p. 1.(12) OJ L 184, 17.7.1999, p. 23.(13) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regulation (EC) No 762/2001 (OJ L 111, 20.4.2001, p. 1).ANNEXNATURE OF THE MEASURES REFERRED TO IN ARTICLE 3A. Community-wide actions1. Meetings and events:(a) organisation of meetings at Community level;(b) organisation of events to raise awareness of the rights of people with disabilities, including the conferences to open and close the European Year of People with Disabilities.2. Information and promotional campaigns involving:(a) the development of a logo and of slogans for the European Year of People with Disabilities, for use in connection with any activity linked thereto;(b) an information campaign on a Community-wide scale;(c) the production of tools and aids accessible to people with disabilities throughout the Community;(d) appropriate initiatives by European disability NGOs aimed at disseminating information on the European Year tailored to the needs of people with specific or multiple disabilities in particular and/or of people with disabilities facing multiple discrimination;(e) the organisation of European competitions highlighting achievements and experiences on the themes of the European Year of People with Disabilities.The Commission shall ensure that organisations for people with disabilities are involved in the preparation of messages and images developed during the information campaign.3. Other actions:Cooperation with broadcasting and media organisations as partners for spreading information about the European Year of People with Disabilities for using new tools allowing easier access to this information (such as subtitling for the hearing impaired and image description for the visually impaired), and to other programmes as far as possible and for improving communication about people with disabilities.Surveys and studies on a Community-wide scale, including a series of questions intended to assess the impact of the European Year of People with Disabilities, to be included in a Eurobarometer survey and an evaluation report on the effectiveness and impact of the said Year. This study must also evaluate the efforts made to integrate these persons into the Community, in particular through programmes promoting an autonomous way of life.4. This funding may be in the form of:- the direct purchase of goods and services, in particular in the field of communication, via open and/or restricted calls for tenders,- the direct purchase of consultancy services, via open and/or restricted calls for tenders,- subsidies allocated to cover the expenses of special events organised at European level to highlight and raise awareness of the European Year of People with Disabilities; such funding shall not exceed 80 %.B. Actions at national levelAction at local, regional, national or transnational level may qualify for financing from the Community budget up to a maximum of 50 % of the cost, depending on the nature and content of what is proposed. These may include:1. events connected with the objectives of the European Year of People with Disabilities, including an event to launch the said Year;2. information campaigns and measures to disseminate examples of good practice, other than those described in Part A(2) of this Annex;3. the organisation of awards or competitions;4. surveys and studies other than those mentioned in Part A(3).C. Action for which no financial aid from the Community budget is availableThe Community will offer its moral support, including written authorisation to use the logo and other material associated with the European Year of People with Disabilities, for initiatives undertaken by public or private organisations, where those organisations can demonstrate to the satisfaction of the Commission that the initiatives involved are or will be in progress during the year 2003 and are likely to contribute significantly to achieving one or more of the objectives of the said Year.For implementation of this Decision, the Commission may, for the mutual benefit of the Commission and of the beneficiaries, have recourse to technical and/or administrative assistance as regards the identification, preparation, management, monitoring, audit and control of the measures set out in Article 3.The Commission may also carry out studies, organise meetings of experts, conduct information campaigns and launch publications directly related to the objective of this Decision.


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32000D0365

2000/365/EC: Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis

Official Journal L 131 , 01/06/2000 P. 0043 - 0047

Council Decisionof 29 May 2000concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(2000/365/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Article 4 of 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, (hereinafter referred to as "the Schengen Protocol"),Having regard to the request by the Government of the United Kingdom of Great Britain and Northern Ireland, by its letters to the President of the Council of 20 May 1999, 9 July 1999 and 6 October 1999, to participate in certain provisions of the Schengen acquis, as specified in the said letters,Having regard to the Opinion of 20 July 1999 of the Commission of the European Communities on the request,Whereas the United Kingdom of Great Britain and Northern Ireland has a special position in respect of matters covered by Title IV of Part Three of the Treaty establishing the European Community, as recognised in the Protocol on the position of the United Kingdom and Ireland and in the Protocol on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland, annexed by the Treaty of Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community;Whereas the Schengen acquis was conceived and functions as a coherent ensemble which has to be fully accepted and applied by all States supporting the principle of the abolition of checks on persons at their common borders;Whereas the Schengen Protocol provides for the possibility of the United Kingdom of Great Britain and Northern Ireland to participate in some of the provisions of the Schengen acquis, because of the said special position of the United Kingdom;Whereas the United Kingdom will assume the obligations of a Member State arising from the Articles of the 1990 Schengen Convention listed in this Decision;Whereas having regard to the aforementioned special position of the United Kingdom, neither the United Kingdom nor the territories referred to in Article 5 participate by virtue of this Decision in the frontiers provisions of the 1990 Schengen Convention;Whereas taking account of the serious matters addressed by Articles 26 and 27 of the 1990 Schengen Convention, the United Kingdom and Gibraltar will apply these articles;Whereas the United Kingdom has requested to participate in the ensemble of the provisions of the Schengen acquis concerning the establishment and operation of the Schengen Information System (hereinafter referred to as the "SIS "), except in respect of the provisions concerning the alerts referred to in Article 96 of the Schengen Convention of 1990 and the other provisions which relate to those alerts;Whereas it is the view of the Council that any partial participation by the United Kingdom in the Schengen acquis must respect the coherence of the subject areas which constitute the ensemble of this acquis;Whereas the Council thus recognises the right of the United Kingdom to make, in accordance with Article 4 of the Schengen Protocol, a request for partial participation, noting at the same time that it is necessary to consider the impact of such participation of the United Kingdom in the provisions concerning the establishment and operation of the SIS on the interpretation of the other relevant provisions of the Schengen acquis and on its financial implications;Whereas the Mixed Committee, established pursuant to Article 3 of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application, and development of the Schengen acquis(1), has been informed about the preparation of this Decision in accordance with Article 5 of that Agreement,HAS DECIDED AS FOLLOWS:Article 1The United Kingdom of Great Britain and Northern Ireland shall participate in the following provisions of the Schengen acquis:(a) In respect of the provisions of the 1990 Convention implementing the Schengen Agreement of 14 June 1985, its related Final Act and Joint Statements:(i) Articles 26 and 27;Articles 39 and 40;Articles 42 and 43 to the extent that they relate to Article 40;Article 44;Articles 46 and 47, except for Article 47(2)(c);Articles 48 to 51;Articles 52 and 53;Articles 54 to 58;Article 59;Articles 61 to 66;Articles 67 to 69;Articles 71 to 73;Articles 75 and 76;Articles 126 to 130 to the extent that they relate to the provisions in which the United Kingdom participates by virtue of this subparagraph;Declaration 3 to the Final Act concerning Article 71(2);(ii) the following provisions concerning the Schengen information system to the extent that they do not relate to Article 96:Article 92;Articles 93 to 95;Articles 97 to 100;Article 101, except paragraph 2 thereof;Articles 102 to 108;Articles 109 to 111, in respect of personal data registered in the national part of the SIS of the United Kingdom;Articles 112 and 113;Article 114, in respect of personal data registered in the national part of the SIS of the United Kingdom;Articles 115 to 118;(iii) other provisions concerning the Schengen information system:Article 119;(b) in respect of the provisions of the Agreements of Accession to the 1990 Convention implementing the Schengen Agreement of 14 June 1985, their Final Acts and Common Declarations:(i) the Agreement signed on 27 November 1990 on Accession of the Italian Republic: Articles 2 and 4 and Common Declaration on Articles 2 and 3 to the extent that it relates to Article 2;(ii) the Agreement signed on 25 June 1991 on Accession of the Kingdom of Spain: Articles 2 and 4 and Final Act, Part III, Declaration 2;(iii) the Agreement signed on 25 June 1991 on Accession of the Portuguese Republic: Articles 2, 4, 5 and 6;(iv) the Agreement signed on 6 November 1992 on Accession of the Hellenic Republic: Articles 2, 3, 4 and 5 and Final Act, Part III, Declaration 2;(v) the Agreement signed on 28 April 1995 on Accession of the Republic of Austria: Articles 2 and 4;(vi) the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Articles 2, 4 and 6 and Final Act, Part II, Joint Declaration 3;(vii) the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Articles 2, 4 and 5 and Final Act, Part II, Joint Declaration 3;(viii) the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Articles 2, 4 and 5 and Final Act, Part II, Joint Declaration 3;(c) in respect of the provisions of the following Decisions of the Executive Committee established by the 1990 Convention implementing the Schengen Agreement of 14 June 1985 to the extent that they relate to the provisions in which the United Kingdom participates by virtue of subparagraph (a) above:(i) SCH/Com-ex (93) 14 (improving practical cooperation between the judicial authorities to combat drug trafficking);SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances);SCH/Com-ex (98) 26 def (setting up the Schengen implementing Convention Standing Committee), subject to an internal arrangement specifying the modalities of participation of United Kingdom experts in missions carried out under the auspices of the relevant Council Working Party;SCH/Com-ex (98) 51 rev 3 (cross border police-cooperation in the area of crime prevention and detection when requested);SCH/Com-ex (98) 52 (handbook on cross border police-cooperation);SCH/Com-ex (99) 1 rev 2 (drugs situation);SCH/Com-ex (99) 6 (telecommunication);SCH/Com-ex (99) 8 rev 2 (payment to informers);SCH/Com-ex (99) 11 rev 2 (agreement on cooperation in proceedings for road traffic offences);SCH/Com-ex (99) 18 (improvement of police cooperation in preventing and detecting crimes);(ii) SCH/Com-ex (97) 2 rev 2 (awarding the tender for the SIS II preliminary study);SCH/Com-ex (97) 18 (contributions from Norway and Iceland to the C.SIS operation costs);SCH/Com-ex (97) 24 (future of SIS);SCH/Com-ex (97) 35 (C.SIS Financial Regulations);SCH/Com-ex (98) 11 (C.SIS with 15/18 connections);SCH/Com-ex (99) 5 (SIRENE Manual);(d) in respect of the provisions of the following Declarations of the Executive Committee established by the 1990 Convention implementing the Schengen Agreement of 14 June 1985 to the extent that they relate to the provisions in which the United Kingdom participates by virtue of subparagraph (a) above:(i) SCH/Com-ex (96) decl 6 rev 2 (declaration on extradition).(ii) SCH/Com-ex (97) decl 13 rev 2 (abduction of minors);SCH/Com-ex (99) decl 2 rev (SIS structure).Article 21. The officers referred to in the provision of Article 40(4) of the 1990 Convention as regards the United Kingdom shall be officers from police forces in the United Kingdom and officers of Her Majesty's Customs and Excise.2. The authority referred to in the provision of Article 40(5) of the 1990 Convention as regards the United Kingdom shall be the National Criminal Intelligence Service.Article 3The competent Ministry referred to in the provision of Article 65(2) of the 1990 Convention shall be the Home Office as regards England, Wales and Northern Ireland and the Scottish Executive as regards Scotland.Article 4The delegation in the Joint Supervisory Authority, set up under Article 115 of the 1990 Convention, representing the national supervisory authority of the United Kingdom shall not be entitled to take part in voting procedures within the Joint Supervisory Authority on matters relating to the application of provisions of the Schengen acquis, or building upon the Schengen acquis, in which the United Kingdom does not participate.Article 51. The United Kingdom shall notify in writing the President of the Council which of the provisions referred to in Article 1 it wishes to apply to the Channel Islands and the Isle of Man. A decision on this request shall be taken by the Council acting with the unanimity of its Members referred to in Article 1 of the Schengen Protocol and of the representative of the Government of the United Kingdom.2. The following of the provisions of Article 1 shall apply to Gibraltar:(a) As far as the provisions of the 1990 Convention implementing the Schengen Agreement of 14 June 1985, its related Final Act and Joint Statements are concerned:Articles 26 and 27;Article 39;Article 44 to the extent that it does not relate to hot pursuit and cross border surveillance;Articles 46 and 47, except for 47(2)(c);Articles 48 to 51;Articles 52 and 53;Articles 54 to 58;Article 59;Articles 61 to 63;Articles 65 to 66;Articles 67 to 69;Articles 71 to 73;Articles 75 and 76;Articles 126 to 130 to the extent that they relate to the provisions in which Gibraltar participates by virtue of this sub-paragraph;Declaration 3 to the Final Act concerning Article 71(2).(b) In respect of the provisions of the Agreements of Accession to the 1990 Convention implementing the Schengen Agreement of 14 June 1985, their Final Acts and Common Declarations:(i) the Agreement signed on 27 November 1990 on Accession of the Italian Republic: Article 4;(ii) the Agreement signed on 25 June 1991 on Accession of the Kingdom of Spain: Article 4 and Final Act, Part III, Declaration 2.(iii) the Agreement signed on 25 June 1991 on Accession of the Portuguese Republic: Articles 4, 5 and 6.(iv) the Agreement signed on 6 November 1992 on Accession of the Hellenic Republic: Articles 3, 4 and 5 and Final Act, Part III, Declaration 2.(v) the Agreement signed on 28 April 1995 on Accession of the Republic of Austria: Article 4.(vi) the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Articles 4 and 6 and Final Act, Part II, Joint Declaration 3.(vii) the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Articles 4 and 5 and Final Act, Part II, Joint Declaration 3.(viii) the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Articles 4 and 5 and Final Act, Part II, Joint Declaration 3.(c) As far as the provisions of the Decisions of the Executive Committee established by the 1990 Convention implementing the Schengen Agreement of 14 June 1985 are concerned:SCH/Com-ex (93) 14 (improving practical cooperation between the judicial authorities to combat drug trafficking);SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances);SCH/Com-ex (98) 51 rev 3 (cross border police-cooperation in the area of crime prevention and detection when requested);SCH/Com-ex (98) 52 (handbook on cross border police-cooperation);SCH/Com-ex (99) 1 rev 2 (drugs situation);SCH/Com-ex (99) 6 (telecommunication);SCH/Com-ex (99) 8 rev 2 (payment to informers);SCH/Com-ex (99) 11 rev 2 (agreement on cooperation in proceedings for road traffic offences);SCH/Com-ex (99) 18 (improvement of police cooperation in preventing and detecting crimes).(d) As far as the provisions of the following Declaration of the Executive Committee established by the 1990 Convention implementing the Schengen Agreement of 14 June 1985 are concerned:SCH/Com-ex (96) decl 6 rev 2 (declaration on extradition).3. Article 8(3) shall apply to the territories referred to in paragraphs 1 and 2 above.Article 61. Without prejudice to Article 8(3), the provisions referred to in Article 1 shall be put into effect, between the United Kingdom and the Member States and other States for which these provisions have already been put into effect when the preconditions for the implementation of those provisions have been fulfilled in all of these Member States and other States, by a decision taken by the Council. The Council may decide to set different dates for the putting into effect of different provisions by subject area.2. Before the provisions referred to in Article 1 are put into effect in accordance with paragraph 1, the Council shall decide on the detailed legal and technical arrangements, including provisions relating to data protection, concerning the participation of the United Kingdom in the provisions referred to in paragraphs (a)(ii) and (iii), (c)(ii) and (d)(ii) of Article 1.3. Paragraph 1 shall apply mutatis mutandis to the putting into effect of the provisions referred to in Article 5 in respect of the territories concerned.4. Any decision under paragraphs 1, 2 and 3 shall be taken by the Council, acting with the unanimity of its members referred to in Article 1 of the Schengen Protocol and of the representative of the Government of the United Kingdom.5. The provisions of Article 75 of the 1990 Convention implementing the Schengen Agreement of 14 June 1985 and of Executive Committee Decision SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transportation of drugs and/or psychotropic substances) shall be directly applicable in the United Kingdom.Article 71. The United Kingdom shall be bound by:(a) Council Decision (1999/323/CE) of 3 May 1999 on the establishment of a financial regulation governing the budgetary aspects of the management by the Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the Help Desk Server of the Management Unit and of the Sirene Network Phase II(2), and any subsequent amendments thereto.(b) Council Decision (2000/265/CE) of 27 March 2000 on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure for the Schengen environment, "Sisnet"(3).2. The United Kingdom shall bear all the costs involved in the technical achievement of its partial participation in the operation of the SIS.Article 81. This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.2. From the date of adoption of this Decision the United Kingdom of Great Britain and Northern Ireland shall be deemed irrevocably to have notified the President of the Council under Article 5 of the Schengen Protocol that it wishes to take part in all proposals and initiatives which build upon the Schengen acquis referred to in Article 1. Such participation shall cover the territories referred to in Article 5(1) and (2) respectively, to the extent that the proposals and initiatives build upon the provisions of the Schengen acquis to which those territories become bound.3. Measures building upon the Schengen acquis referred to in Article 1 which have been adopted prior to the adoption of the Council decision referred to in Article 6 shall take effect for the United Kingdom on the date or dates on which the Council decides under Article 6 to put the acquis referred to in Article 1 into effect for the United Kingdom unless the measure itself provides for a later date.Done at Brussels, 29 May 2000.For the CouncilThe PresidentA. Costa(1) OJ L 176, 10.7.1999, p. 36.(2) OJ L 123, 13.5.1999, p. 51.(3) OJ L 85, 6.4.2000, p. 12.


Avis juridique important

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31994D0375

94/375/EC: Council Decision of 6 June 1994 on Community membership of the European Investment Fund

Official Journal L 173 , 07/07/1994 P. 0012 - 0013 Swedish special edition: Chapter 1 Volume 3 P. 0146  Finnish special edition: Chapter 1 Volume 3 P. 0146

COUNCIL DECISION of 6 June 1994 on Community membership of the European Investment Fund (94/375/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty instituting the European Community, and in particular Article 235 thereof,  Having regard to the proposal by the Commission,  Having regard to the opinion of the European Parliament (1),  Having taken into account the Statutes of the European Investment Fund (2),  Whereas the European Council meeting in Edinburgh on 11 and 12 December 1992 invited the Council and the European Investment Bank to give urgent and sympathetic consideration to the establishment as quickly as possible of a European Investment Fund,  hereinafter called 'the Fund';  Whereas the Fund should constitute a cost-effective and efficient means whereby the Community, together with the European Investment Bank and other financial institutions, can provide a significant contribution to the development of trans-European  networks in the areas of transport, telecommunications and energy infrastructures and to the development of small and medium-sized enterprises (SMEs);  Whereas investments in trans-European networks are essential to the proper functioning of the internal market and whereas, in accordance with procedures provided for in the Statutes of the Fund, some of these investments might involve activities to be  implemented in adjacent countries where crossborder projects are involved;  Whereas investment support for SMEs is an essential factor in the reinforcement of employment creation;  Whereas the Fund will foster investment in both areas, in order to contribute to the pursuit of Community objectives;  Whereas speedy implementation of the Fund will stimulate sustained and balanced growth within the Community;  Whereas Article 30 of the Statute of the European Investment Bank empowers the Bank's Board of Governors to create the Fund; whereas the Board has decided to create the Fund and to establish its Statutes;  Whereas the Community may become a member of the Fund;  Whereas appropriate co-ordination will be ensured between the operations of the Fund and Community financial and budgetary instruments;  Whereas the Commission will address the Fund's annual report to the European Parliament and the Council, together with any further information which is of particular Community interest;  Whereas, in order to meet the objectives of the Fund, it would be appropriate to consider it as a multilateral development bank for the purposes of Council Directive 89/647/EEC (3) and Commission Directive 91/31/EEC (4);  Whereas the Treaty does not provide powers for the adoption of this Decision, other than those of Article 235,  HAS DECIDED AS FOLLOWS:   Article 1  The Community, represented by the Commission, shall hereby become a member of the European Investment Fund.   Article 2  The Commission shall keep the Council informed of the work of the bodies of the European Investment Fund. In particular, the Commission shall notify the Council, as soon as it can, of matters to be discussed at the Fund's General Meeting.  The Council may, at the request of a Member State or of the Commission, examine those matters.  Without prejudice to Article 3, the Commission shall take account of the outcome of that examination when it adopts a position on those matters in the Fund's General Meeting.   Article 3  The position of the Community on a possible increase in the capital of the Fund and on its participation in that increase shall be decided unanimously by the Council, acting on a proposal from the Commission and after consulting the European  Parliament.  Done at Luxembourg, 6 June 1994.  For the Council The President Y. PAPANTONIOU  (1) OJ No C 115, 26. 4. 1993, p. 238.  (2) See page 1 of this Official Journal.  (3) Council Directive 89/647/EEC of 18 December 1989 on a solvency ratio for credit institutions (OJ L 386, 30. 12. 1989, p. 14). Directive as amended by Commission Directive 92/30/EEC (OJ L 110, 28. 4. 1992, p. 52).  (4) Commission Directive 91/31/EEC of 19 December 1990 adapting the technical definition of 'multilateral development banks' in Council Directive 89/647/EEC on a solvency ratio for credit institutions (OJ L 17, 23. 1. 1991, p. 20).


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31994D0661

94/661/EC: Council Decision of 26 September 1994 appointing a member of the Committee of the Regions

Official Journal L 257 , 05/10/1994 P. 0030 - 0030 Finnish special edition: Chapter 1 Volume 3 P. 0180  Swedish special edition: Chapter 1 Volume 3 P. 0180

COUNCIL DECISION of 26 September 1994 appointing a member of the Committee of the Regions (94/661/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, an in particular Article 198a thereof,  Having regard to the Council Decision of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),  Whereas a seat has become vacant on the Committee of the Regions following the resignation of Mr Herbert Guenther, notified to the Council on 14 September 1994,  Having regard to the proposal from the German Government,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Lothar Klemm is hereby appointed a member of the Committee of the Regions in place of Mr Herbert Guenther for the remainder of the latter's term of office, which runs until 25 January 1998.  Done at Brussels, 26 September 1994.  For the Council The President M. WISSMANN  (1) OJ No L 31, 4. 2. 1994, p. 29.


title: 2007/318/EC: Council Decision of 23 April 2007 on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               9.5.2007

               EN

               Official Journal of the European Union

               L 119/31

         COUNCIL DECISION
   of 23 April 2007
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2007/318/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with the Russian Federation a Protocol to the Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part (1), to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol should be signed on behalf of the European Communities and their Member States.

               (3)

               The Protocol should be applied on a provisional basis as from its date of signature, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Communities and their Member States, the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision.
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from its date of signature.

      Done at Luxembourg, 23 April 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 327, 28.11.1997, p. 3.
    ---documentbreak---

               9.5.2007

               EN

               Official Journal of the European Union

               L 119/32

         PROTOCOL
   to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as ‘the Communities’, represented by the Council of the European Union and the European Commission,
   of the one part, and
   THE RUSSIAN FEDERATION,
   of the other part,
   hereinafter referred to as ‘the Parties’ for the purposes of this Protocol,
   HAVING REGARD TO the accession of the Republic of Bulgaria and Romania to the European Union, on 1 January 2007,
   CONSIDERING the new situation in relations between the Russian Federation and the European Union arising from the accession to the EU of two new Member States, which opens opportunities and brings about challenges for cooperation between the Russian Federation and the European Union,
   TAKING INTO ACCOUNT the desire of the Parties to ensure the attainment and implementation of the objectives and principles of the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Republic of Bulgaria and Romania shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, signed in Corfu on 24 June 1994 and entered into force on 1 December 1997, (hereinafter the Agreement), and shall adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Agreement, and of the Joint Declarations, Declarations and Exchanges of Letters annexed to the Final Act signed on the same date and the Protocol to the Agreement of 21 May 1997, that entered into force on 1 December 2000, and the Protocol to the Agreement of 27 April 2004 that entered into force on 1 March 2005.
   Article 2
   This Protocol shall form an integral part of the Agreement.
   Article 3
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States and by the Russian Federation in accordance with their own procedures.
   2.   The Parties shall notify each other of the completion of the procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 4
   1.   This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.
   2.   Pending the date of its entry into force, this Protocol shall apply provisionally with effect from its date of signature.
   Article 5
   1.   The texts of the Agreement, the Final Act and all documents annexed to it, and the Protocols to the Agreement of 21 May 1997 and 27 April 2004 are drawn up in the Bulgarian and Romanian languages.
   2.   They are annexed to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it, and the Protocols to the Agreement of 21 May 1997 and 27 April 2004 are drawn up.
   Article 6
   This Protocol is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Russian languages, each of these texts being equally authentic.

      Съставено в Люксембург на двадесет и трети април две хиляди и седма година
      Hecho en Luxemburgo, el veintitrés de abril de dos mil siete.
      V Lucemburku dne dvacátého třetího dubna dva tisíce sedm.
      Udfærdiget i Luxembourg den treogtyvende april to tusind og syv.
      Geschehen zu Luxemburg am dreiundzwanzigsten April zweitausendsieben.
      Kahe tuhande seitsmenda aasta aprillikuu kahekümne kolmandal päeval Luxembourgis.
      Έγινε στο Λουξεμβούργο, στις είκοσι τρεις Απριλίου δύο χιλιάδες επτά.
      Done at Luxembourg on the twenty-third day of April in the year two thousand and seven.
      Fait à Luxembourg, le vingt-trois avril deux mille sept.
      Fatto a Lussemburgo, addì ventitré aprile duemilasette.
      Luksemburgā, divi tūkstoši septītā gada divdesmit trešajā aprīlī.
      Priimta du tūkstančiai septintųjų metų balandžio dvidešimt trečią dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer hetedik év április havának huszonharmadik napján.
      Magħmul fil-Lussemburgu, fit-tlieta u għoxrin jum ta' April tas-sena elfejn u sebgħa
      Gedaan te Luxemburg, de drieëntwintigste april tweeduizend zeven.
      Sporządzono w Luksemburgu dnia dwudziestego trzeciego kwietnia roku dwa tysiące siódmego.
      Feito no Luxemburgo, em vinte e três de Abril de dois mil e sete.
      Încheiat la Luxemburg la douăzeci și trei aprilie, anul două mii șapte.
      V Luxemburgu dňa dvadsiateho tretieho apríla dvetisíssedem.
      V Luxembourgu, triindvajsetega aprila leta dva tisoč sedem.
      Tehty Luxemburgissa kahdentenakymmenentenäkolmantena päivänä huhtikuuta vuonna kaksituhattaseitsemän.
      Som skedde i Luxemburg den tjugotredje april tjugohundrasju.
      Совершено в Люксембурге двадцать третьего апреля две тысячи седьмого года.

         За държавите-членки
         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu państw członkowskich
         Pelos Estados-Membros
         Pentru statele membre
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar
         За государства-члены

         За Европейската общност
         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
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         Pelas Communidades Europeias
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Avis juridique important

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31999D0437

1999/437/EC: Council Decision of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis

Official Journal L 176 , 10/07/1999 P. 0031 - 0033

COUNCIL DECISIONof 17 May 1999on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(1999/437/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community by the Treaty of Amsterdam (hereinafter referred to as "the Schengen Protocol"), and in particular Article 2 thereof,(1) Whereas on 18 May 1999, an Agreement based on the first paragraph of Article 6 of the Schengen Protocol was concluded with the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (hereinafter referred to as "the Agreement");(2) Whereas it is necessary to establish arrangements for the application of some of the provisions of the Agreement;(3) Whereas the Agreement establishes a Joint Committee, which is to address all matters relating to the application and further development of those provisions of the European Union which Iceland and Norway have undertaken to implement and apply pursuant to Article 2 of the Agreement;(4) Whereas it is for the European Union to define the areas in which the further development of the existing provisions of the Union will be covered by the procedures set out in the Agreement, in particular the procedures for discussion within the Joint Committee;(5) Whereas any amendments to the list of those areas may be adopted by the Council on the same legal basis as that of this Decision;(6) Whereas the application of the procedures set out in the Agreement is without prejudice to the Agreement on the European Economic Area and any other agreement between the European Community and Iceland and Norway or agreements concluded with those States on the basis of Articles 24 and 38 of the Treaty on European Union;(7) Whereas this Decision is without prejudice to the application or the interpretation both of the Protocol on the position of Denmark, annexed by the Treaty of Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community, and of other provisions of the Schengen Protocol;(8) Whereas provision should be made for a consultation procedure within the Council before any decision is taken by the Joint Committee relating to the termination or continuation of the Agreement, with the aim of reaching a common position among the members of the Council,HAS DECIDED AS FOLLOWS:Article 1The procedures laid down in the Agreement of 18 May 1999 concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (hereinafter referred to as "the Agreement") shall be applied to proposals and initiatives for the further development of those provisions in respect of which closer cooperation has been authorised under the Schengen Protocol and which fall within one of the following areas:A. The crossing by persons of the external borders of those States which have decided to abolish checks at their internal borders, including the rules and arrangements with which those States must comply when carrying out checks on persons at external borders, surveillance of border areas and cooperation with the services responsible for border control.B. Short-stay visas, particularly the rules on a uniform visa, the list of countries whose nationals must be in possession of visas for the States concerned and those whose nationals are exempt from that requirement, the procedures and conditions for the issue of uniform visas, and cooperation and consultation between the issuing services.C. Free movement, for a maximum period of three months, of nationals of third countries within the territory of those States which have decided to abolish checks at their internal borders and expulsion of such persons when their position is illegal.D. The settlement of disputes between States in cases where a State has issued or is considering issuing a residence permit to an alien reported as a person not to be permitted entry by another State.E. The penalities applicable to carriers and those responsible for organising illegal immigration.F. Protection of personal data exchanged between the services referred to in points A and B.G. The Schengen Information System (SIS), including the relevant provisions on protection and security of data, the provisions on the operation of the national sections of the SIS and the exchange of information between those national sections (SIRENE system), and the effect of the alerts in the SIS for persons wanted for arrest for extradition purposes.H. Any form of police cooperation coming under Articles 39 to 43, 46, 47, 73 and 126 to 130 of the Convention of 19 June 1990 implementing the Schengen Agreement on the gradual abolition of checks at the common borders, as applied between the Member States concerned at the time of entry into force of the Treaty of Amsterdam.I. The arrangements for judicial cooperation in criminal matters described in Articles 48 to 63 and 65 to 69 of the 1990 Convention referred to in point H, as applied between the Member States concerned at the time of the entry into force of the Treaty of Amsterdam.Article 2Where a Member State or the Commission submits to the Council an initiative or a proposal which it considers to fall within an area covered by Article 1, it shall indicate this in the text submitted.Article 3At the request of a Member State or of the Commission, the Presidency shall convene a meeting of the Committee of the Permanent Representatives of the Member States to enable a discussion to be held on whether an initiative or proposal falls within an area covered by Article 1.Article 41. Acts for adoption by the Council which constitute the further development of those provisions in respect of which closer cooperation has been authorised under the Schengen Protocol and which fall within one of the areas covered by Article 1 shall contain an indication to that effect.2. Publication in the Official Journal of the European Communities of any act referred to in paragraph 1 must include an indication stating that it falls within an area in respect of which closer cooperation has been authorised under the Schengen Protocol.Article 5Before the delegations representing the members of the Council participate in a decision of the Joint Committee set up by the Agreement, in accordance with Article 8(4) or Article 11 thereof, they shall meet within the Council in order to determine whether a common position can be adopted.Article 6This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 17 May 1999.For the CouncilThe PresidentJ. FISCHERDECLARATIONSI. Declaration by the Council"The sole purpose of the list reproduced in Article 1 is to determine the areas with regard to which the further development of the Schengen acquis within the framework of the European Union must comply with the procedures laid down in Article 4 of the Agreement concluded by the Council with the Republic of Iceland and the Kingdom of Norway concerning the association of those States with the implementation, application and further development of the Schengen acquis.That list is not a list of the areas constituting the entire Schengen acquis as integrated into the framework of the European Union and as it is to be applied and implemented by and between the Member States bound by the Schengen agreements. To that end the Schengen acquis was determined by the Council in its Decision of 20 May 1999.Nor is it a list of the areas constituting the entire Schengen acquis as it is to be applied and implemented by Iceland and Norway and between those States and the Member States bound by the Schengen agreements under Article 2(1) of the aforementioned agreement.The fact of that list's existence cannot, therefore, affect the integrity of the Schengen acquis as referred to in the Annex to the Protocol integrating the Schengen acquis into the framework of the European Union."II. Declaration by the Commission"The Commission wishes to state that in the Mixed Committee it will comply with any common position adopted by the Council."