title: 2006/616/EC: Council Decision of 24 July 2006 on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of this Protocol fall within the scope of Articles 179 and 181a of the Treaty establishing the European Community

text:
               22.9.2006

               EN

               Official Journal of the European Union

               L 262/24

      COUNCIL DECISION

   of 24 July 2006
   on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of this Protocol fall within the scope of Articles 179 and 181a of the Treaty establishing the European Community
   (2006/616/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 179 and 181a, in conjunction with the first subparagraph of Article 300(2), and 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 elements of the Protocol which are subject to Community competence were negotiated by the Commission, with the approval of the Council, on behalf of the Community.

               (2)

               The Council instructed the Commission to negotiate the accession of the Community to the international agreement in question.

               (3)

               Negotiations were successfully concluded and the resulting instrument was signed by the Community on 12 December 2000 in accordance with Council Decision 2001/87/EC of 8 December 2000 (2).

               (4)

               Some Member States are parties to the Protocol while the ratification process is under way in other Member States.

               (5)

               The conclusion of the Convention was approved on behalf of the Community by Council Decision 2004/579/EC of 29 April 2004 (3), which is a condition for the Community to become a Party to the Protocol, pursuant to Article 37(2) of the Convention.

               (6)

               The other conditions permitting the Community to deposit the instrument of approval provided for in Article 36(3) of the Convention and Article 21(3) of the Protocol have been fulfilled.

               (7)

               In so far as the provisions of the Protocol fall within the scope of Articles 179 and 181a of the Treaty, the conclusion of the Protocol should be approved on behalf of the Community.

               (8)

               In so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty, the conclusion of the Protocol on behalf of the Community should be approved by means of a separate decision of the Council (4).

               (9)

               The Community should, when depositing the instrument of approval, also deposit a declaration on the extent of the Community's competence with respect to matters governed by the Protocol under Article 21(3) of the Smuggling Protocol,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol against the smuggling of migrants by land, air and sea, supplementing the United Nations Convention against transnational organised crime, as set out in Annex I, is hereby approved on behalf of the European Community.
   The Community's instrument of formal confirmation shall comprise a declaration of competence according to Article 21(3) of the Protocol as set out in Annex II.
   Article 2
   This Decision shall apply in so far as the provisions of the Protocol fall within the scope of Articles 179 and 181a of the Treaty.
   Article 3
   The President of the Council is authorised to designate the person empowered to deposit the instrument of formal confirmation in order to bind the Community.
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 24 July 2006.

            For the Council

            The President

         K. RAJAMÄKI

      (1)  Not yet published in the Official Journal.

      (2)  OJ L 30, 1.2.2001, p. 44.

      (3)  OJ L 261, 6.8.2004, p. 69.

      (4)  See page 34 of this Official Journal.

      ANNEX I

         PROTOCOL
         against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime
         PREAMBLE
         THE STATES PARTIES TO THIS PROTOCOL,
         DECLARING that effective action to prevent and combat the smuggling of migrants by land, sea and air requires a comprehensive international approach, including cooperation, the exchange of information and other appropriate measures, including socio-economic measures, at the national, regional and international levels,
         RECALLING General Assembly resolution 54/212 of 22 December 1999, in which the Assembly urged Member States and the United Nations system to strengthen international cooperation in the area of international migration and development in order to address the root causes of migration, especially those related to poverty, and to maximize the benefits of international migration to those concerned, and encouraged, where relevant, interregional, regional and subregional mechanisms to continue to address the question of migration and development,
         CONVINCED of the need to provide migrants with humane treatment and full protection of their rights,
         TAKING INTO ACCOUNT the fact that, despite work undertaken in other international forums, there is no universal instrument that addresses all aspects of smuggling of migrants and other related issues,
         CONCERNED at the significant increase in the activities of organised criminal groups in smuggling of migrants and other related criminal activities set forth in this Protocol, which bring great harm to the States concerned,
         ALSO CONCERNED that the smuggling of migrants can endanger the lives or security of the migrants involved,
         RECALLING General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organised crime and of discussing the elaboration of, inter alia, an international instrument addressing illegal trafficking in and transporting of migrants, including by sea,
         CONVINCED that supplementing the United Nations Convention against Transnational Organised Crime with an international instrument against the smuggling of migrants by land, sea and air will be useful in preventing and combating that crime,
         HAVE AGREED AS FOLLOWS:
         I.   GENERAL PROVISIONS
         Article 1
         Relation with the United Nations Convention against Transnational Organised Crime
         1.   This Protocol supplements the United Nations Convention against Transnational Organised Crime. It shall be interpreted together with the Convention.
         2.   The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein.
         3.   The offences established in accordance with article 6 of this Protocol shall be regarded as offences established in accordance with the Convention.
         Article 2
         Statement of purpose
         The purpose of this Protocol is to prevent and combat the smuggling of migrants, as well as to promote cooperation among States Parties to that end, while protecting the rights of smuggled migrants.
         Article 3
         Use of terms
         For the purposes of this Protocol:

                     (a)

                     ‘smuggling of migrants’ shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;

                     (b)

                     ‘illegal entry’ shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State;

                     (c)

                     ‘fraudulent travel or identity document’ shall mean any travel or identity document:

                                 (i)

                                 that has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a State; or

                                 (ii)

                                 that has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or

                                 (iii)

                                 that is being used by a person other than the rightful holder;

                     (d)

                     ‘vessel’ shall mean any type of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water, except a warship, naval auxiliary or other vessel owned or operated by a Government and used, for the time being, only on government non-commercial service.

               Article 4
         Scope of application
         This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 6 of this Protocol, where the offences are transnational in nature and involve an organised criminal group, as well as to the protection of the rights of persons who have been the object of such offences.
         Article 5
         Criminal liability of migrants
         Migrants shall not become liable to criminal prosecution under this Protocol for the fact of having been the object of conduct set forth in article 6 of this Protocol.
         Article 6
         Criminalisation
         1.   Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally and in order to obtain, directly or indirectly, a financial or other material benefit:

                     (a)

                     the smuggling of migrants;

                     (b)

                     when committed for the purpose of enabling the smuggling of migrants:

                                 (i)

                                 producing a fraudulent travel or identity document;

                                 (ii)

                                 procuring, providing or possessing such a document;

                     (c)

                     enabling a person who is not a national or a permanent resident to remain in the State concerned without complying with the necessary requirements for legally remaining in the State by the means mentioned in subparagraph (b) of this paragraph or any other illegal means.

               2.   Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:

                     (a)

                     subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;

                     (b)

                     participating as an accomplice in an offence established in accordance with paragraph 1 (a), (b) (i) or (c) of this article and, subject to the basic concepts of its legal system, participating as an accomplice in an offence established in accordance with paragraph 1 (b) (ii) of this article;

                     (c)

                     organising or directing other persons to commit an offence established in accordance with paragraph 1 of this article.

               3.   Each State Party shall adopt such legislative and other measures as may be necessary to establish as aggravating circumstances to the offences established in accordance with paragraph 1 (a), (b) (i) and (c) of this article and, subject to the basic concepts of its legal system, to the offences established in accordance with paragraph 2 (b) and (c) of this article, circumstances:

                     (a)

                     that endanger, or are likely to endanger, the lives or safety of the migrants concerned; or

                     (b)

                     that entail inhuman or degrading treatment, including for exploitation, of such migrants.

               4.   Nothing in this Protocol shall prevent a State Party from taking measures against a person whose conduct constitutes an offence under its domestic law.
         II.   SMUGGLING OF MIGRANTS BY SEA
         Article 7
         Cooperation
         States Parties shall cooperate to the fullest extent possible to prevent and suppress the smuggling of migrants by sea, in accordance with the international law of the sea.
         Article 8
         Measures against the smuggling of migrants by sea
         1.   A State Party that has reasonable grounds to suspect that a vessel that is flying its flag or claiming its registry, that is without nationality or that, though flying a foreign flag or refusing to show a flag, is in reality of the nationality of the State Party concerned is engaged in the smuggling of migrants by sea may request the assistance of other States Parties in suppressing the use of the vessel for that purpose. The States Parties so requested shall render such assistance to the extent possible within their means.
         2.   A State Party that has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law and flying the flag or displaying the marks of registry of another State Party is engaged in the smuggling of migrants by sea may so notify the flag State, request confirmation of registry and, if confirmed, request authorisation from the flag State to take appropriate measures with regard to that vessel. The flag State may authorise the requesting State, inter alia:

                     (a)

                     to board the vessel;

                     (b)

                     to search the vessel; and

                     (c)

                     if evidence is found that the vessel is engaged in the smuggling of migrants by sea, to take appropriate measures with respect to the vessel and persons and cargo on board, as authorised by the flag State.

               3.   A State Party that has taken any measure in accordance with paragraph 2 of this article shall promptly inform the flag State concerned of the results of that measure.
         4.   A State Party shall respond expeditiously to a request from another State Party to determine whether a vessel that is claiming its registry or flying its flag is entitled to do so and to a request for authorisation made in accordance with paragraph 2 of this article.
         5.   A flag State may, consistent with article 7 of this Protocol, subject its authorisation to conditions to be agreed by it and the requesting State, including conditions relating to responsibility and the extent of effective measures to be taken. A State Party shall take no additional measures without the express authorisation of the flag State, except those necessary to relieve imminent danger to the lives of persons or those which derive from relevant bilateral or multilateral agreements.
         6.   Each State Party shall designate an authority or, where necessary, authorities to receive and respond to requests for assistance, for confirmation of registry or of the right of a vessel to fly its flag and for authorisation to take appropriate measures. Such designation shall be notified through the Secretary-General to all other States Parties within one month of the designation.
         7.   A State Party that has reasonable grounds to suspect that a vessel is engaged in the smuggling of migrants by sea and is without nationality or may be assimilated to a vessel without nationality may board and search the vessel. If evidence confirming the suspicion is found, that State Party shall take appropriate measures in accordance with relevant domestic and international law.
         Article 9
         Safeguard clauses
         1.   Where a State Party takes measures against a vessel in accordance with article 8 of this Protocol, it shall:

                     (a)

                     ensure the safety and humane treatment of the persons on board;

                     (b)

                     take due account of the need not to endanger the security of the vessel or its cargo;

                     (c)

                     take due account of the need not to prejudice the commercial or legal interests of the flag State or any other interested State;

                     (d)

                     ensure, within available means, that any measure taken with regard to the vessel is environmentally sound.

               2.   Where the grounds for measures taken pursuant to article 8 of this Protocol prove to be unfounded, the vessel shall be compensated for any loss or damage that may have been sustained, provided that the vessel has not committed any act justifying the measures taken.
         3.   Any measure taken, adopted or implemented in accordance with this chapter shall take due account of the need not to interfere with or to affect:

                     (a)

                     the rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea; or

                     (b)

                     the authority of the flag State to exercise jurisdiction and control in administrative, technical and social matters involving the vessel.

               4.   Any measure taken at sea pursuant to this chapter shall be carried out only by warships or military aircraft, or by other ships or aircraft clearly marked and identifiable as being on government service and authorised to that effect.
         III.   PREVENTION, COOPERATION AND OTHER MEASURES
         Article 10
         Information
         1.   Without prejudice to articles 27 and 28 of the Convention, States Parties, in particular those with common borders or located on routes along which migrants are smuggled, shall, for the purpose of achieving the objectives of this Protocol, exchange among themselves, consistent with their respective domestic legal and administrative systems, relevant information on matters such as:

                     (a)

                     embarkation and destination points, as well as routes, carriers and means of transportation, known to be or suspected of being used by an organised criminal group engaged in conduct set forth in article 6 of this Protocol;

                     (b)

                     the identity and methods of organisations or organised criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol;

                     (c)

                     the authenticity and proper form of travel documents issued by a State Party and the theft or related misuse of blank travel or identity documents;

                     (d)

                     means and methods of concealment and transportation of persons, the unlawful alteration, reproduction or acquisition or other misuse of travel or identity documents used in conduct set forth in article 6 of this Protocol and ways of detecting them;

                     (e)

                     legislative experiences and practices and measures to prevent and combat the conduct set forth in article 6 of this Protocol; and

                     (f)

                     scientific and technological information useful to law enforcement, so as to enhance each other's ability to prevent, detect and investigate the conduct set forth in article 6 of this Protocol and to prosecute those involved.

               2.   A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.
         Article 11
         Border measures
         1.   Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect the smuggling of migrants.
         2.   Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of the offence established in accordance with article 6, paragraph 1 (a), of this Protocol.
         3.   Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.
         4.   Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.
         5.   Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.
         6.   Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.
         Article 12
         Security and control of documents
         Each State Party shall take such measures as may be necessary, within available means:

                     (a)

                     to ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and

                     (b)

                     to ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use.

               Article 13
         Legitimacy and validity of documents
         At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for purposes of conduct set forth in article 6 of this Protocol.
         Article 14
         Training and technical cooperation
         1.   States Parties shall provide or strengthen specialised training for immigration and other relevant officials in preventing the conduct set forth in article 6 of this Protocol and in the humane treatment of migrants who have been the object of such conduct, while respecting their rights as set forth in this Protocol.
         2.   States Parties shall cooperate with each other and with competent international organisations, non-governmental organisations, other relevant organisations and other elements of civil society as appropriate to ensure that there is adequate personnel training in their territories to prevent, combat and eradicate the conduct set forth in article 6 of this Protocol and to protect the rights of migrants who have been the object of such conduct. Such training shall include:

                     (a)

                     improving the security and quality of travel documents;

                     (b)

                     recognizing and detecting fraudulent travel or identity documents;

                     (c)

                     Gathering criminal intelligence, relating in particular to the identification of organised criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol, the methods used to transport smuggled migrants, the misuse of travel or identity documents for purposes of conduct set forth in article 6 and the means of concealment used in the smuggling of migrants;

                     (d)

                     improving procedures for detecting smuggled persons at conventional and non-conventional points of entry and exit; and

                     (e)

                     the humane treatment of migrants and the protection of their rights as set forth in this Protocol.

               3.   States Parties with relevant expertise shall consider providing technical assistance to States that are frequently countries of origin or transit for persons who have been the object of conduct set forth in article 6 of this Protocol. States Parties shall make every effort to provide the necessary resources, such as vehicles, computer systems and document readers, to combat the conduct set forth in article 6.
         Article 15
         Other prevention measures
         1.   Each State Party shall take measures to ensure that it provides or strengthens information programmes to increase public awareness of the fact that the conduct set forth in article 6 of this Protocol is a criminal activity frequently perpetrated by organised criminal groups for profit and that it poses serious risks to the migrants concerned.
         2.   In accordance with article 31 of the Convention, States Parties shall cooperate in the field of public information for the purpose of preventing potential migrants from falling victim to organised criminal groups.
         3.   Each State Party shall promote or strengthen, as appropriate, development programmes and cooperation at the national, regional and international levels, taking into account the socio-economic realities of migration and paying special attention to economically and socially depressed areas, in order to combat the root socio-economic causes of the smuggling of migrants, such as poverty and underdevelopment.
         Article 16
         Protection and assistance measures
         1.   In implementing this Protocol, each State Party shall take, consistent with its obligations under international law, all appropriate measures, including legislation if necessary, to preserve and protect the rights of persons who have been the object of conduct set forth in article 6 of this Protocol as accorded under applicable international law, in particular the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
         2.   Each State Party shall take appropriate measures to afford migrants appropriate protection against violence that may be inflicted upon them, whether by individuals or groups, by reason of being the object of conduct set forth in article 6 of this Protocol.
         3.   Each State Party shall afford appropriate assistance to migrants whose lives or safety are endangered by reason of being the object of conduct set forth in article 6 of this Protocol.
         4.   In applying the provisions of this article, States Parties shall take into account the special needs of women and children.
         5.   In the case of the detention of a person who has been the object of conduct set forth in article 6 of this Protocol, each State Party shall comply with its obligations under the Vienna Convention on Consular Relations, (1) where applicable, including that of informing the person concerned without delay about the provisions concerning notification to and communication with consular officers.
         Article 17
         Agreements and arrangements
         States Parties shall consider the conclusion of bilateral or regional agreements or operational arrangements or understandings aimed at:

                     (a)

                     establishing the most appropriate and effective measures to prevent and combat the conduct set forth in article 6 of this Protocol; or

                     (b)

                     enhancing the provisions of this Protocol among themselves.

               Article 18
         Return of smuggled migrants
         1.   Each State Party agrees to facilitate and accept, without undue or unreasonable delay, the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who is its national or who has the right of permanent residence in its territory at the time of return.
         2.   Each State Party shall consider the possibility of facilitating and accepting the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who had the right of permanent residence in its territory at the time of entry into the receiving State in accordance with its domestic law.
         3.   At the request of the receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who has been the object of conduct set forth in article 6 of this Protocol is its national or has the right of permanent residence in its territory.
         4.   In order to facilitate the return of a person who has been the object of conduct set forth in article 6 of this Protocol and is without proper documentation, the State Party of which that person is a national or in which he or she has the right of permanent residence shall agree to issue, at the request of the receiving State Party, such travel documents or other authorisation as may be necessary to enable the person to travel to and re-enter its territory.
         5.   Each State Party involved with the return of a person who has been the object of conduct set forth in article 6 of this Protocol shall take all appropriate measures to carry out the return in an orderly manner and with due regard for the safety and dignity of the person.
         6.   States Parties may cooperate with relevant international organisations in the implementation of this article.
         7.   This article shall be without prejudice to any right afforded to persons who have been the object of conduct set forth in article 6 of this Protocol by any domestic law of the receiving State Party.
         8.   This article shall not affect the obligations entered into under any other applicable treaty, bilateral or multilateral, or any other applicable operational agreement or arrangement that governs, in whole or in part, the return of persons who have been the object of conduct set forth in article 6 of this Protocol.
         IV.   FINAL PROVISIONS
         Article 19
         Saving clause
         1.   Nothing in this Protocol shall affect the other rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and the principle of non-refoulement as contained therein.
         2.   The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are the object of conduct set forth in article 6 of this Protocol. The interpretation and application of those measures shall be consistent with internationally recognised principles of non-discrimination.
         Article 20
         Settlement of disputes
         1.   States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.
         2.   Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organisation of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.
         3.   Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.
         4.   Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
         Article 21
         Signature, ratification, acceptance, approval and accession
         1.   This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.
         2.   This Protocol shall also be open for signature by regional economic integration organisations provided that at least one member State of such organisation has signed this Protocol in accordance with paragraph 1 of this article.
         3.   This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organisation may deposit its instrument of ratification, acceptance or approval if at least one of its Member States has done likewise. In that instrument of ratification, acceptance or approval, such organisation shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organisation shall also inform the depositary of any relevant modification in the extent of its competence.
         4.   This Protocol is open for accession by any State or any regional economic integration organisation of which at least one Member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organisation shall declare the extent of its competence with respect to matters governed by this Protocol. Such organisation shall also inform the depositary of any relevant modification in the extent of its competence.
         Article 22
         Entry into force
         1.   This Protocol shall enter into force on the 90th day after the date of deposit of the 40th instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organisation shall not be counted as additional to those deposited by member States of such organisation.
         2.   For each State or regional economic integration organisation ratifying, accepting, approving or acceding to this Protocol after the deposit of the 40th instrument of such action, this Protocol shall enter into force on the 30th day after the date of deposit by such State or organisation of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.
         Article 23
         Amendment
         1.   After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.
         2.   Regional economic integration organisations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their Member States that are Parties to this Protocol. Such organisations shall not exercise their right to vote if their member States exercise theirs and vice versa.
         3.   An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
         4.   An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party 90 days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
         5.   When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.
         Article 24
         Denunciation
         1.   A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
         2.   A regional economic integration organisation shall cease to be a Party to this Protocol when all of its member States have denounced it.
         Article 25
         Depositary and languages
         1.   The Secretary-General of the United Nations is designated depositary of this Protocol.
         2.   The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
         IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorised thereto by their respective Governments, have signed this Protocol.

         (1)  Ibid., vol. 596, Nos 8638 to 8640.

      ANNEX II

         Declaration concerning the competence of the European Community with regard to matters governed by the Protocol Against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention Against Transnational Organised Crime
         Article 21(3) of the Protocol provides that the instrument of accession of a regional economic integration organisation shall contain a declaration specifying the matters governed by the Protocol in respect of which competence has been transferred to the organisation by its Member States which are Parties to the Protocol.
         The Protocol against the smuggling of migrants by land, air and sea shall apply, with regard to the competences transferred to the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof and the Protocols annexed to it.
         This declaration is without prejudice to the position of the United Kingdom and Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union and under the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and the Treaty establishing the European Community.
         This declaration is equally without prejudice to the position of Denmark under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community.
         Pursuant to Article 299, this declaration is also not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Protocol by the Member States concerned on behalf of and in the interests of those territories. In accordance with the provision referred to above, this declaration indicates the competence that the Member States have transferred to the Community under the Treaties in matters governed by the Protocol. The scope and the exercise of such Community competence are, by their nature, subject to continuous development as the Community further adopts relevant rules and regulations, and the Community will complete or amend this declaration, if necessary, in accordance with Article 21(3) of the Protocol.
         The Community points out that it has competence with regard to the crossing of external borders of the Member States, regulating standards and procedures when carrying out checks on persons at such borders and rules on visas for intended stays of no more than three months. The Community is also competent for measures on immigration policy regarding conditions of entry and residence and measures to counter illegal immigration and illegal residence, including repatriation of illegal residents. Moreover, it can take measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission, in the aforementioned areas. In these fields the Community has adopted rules and regulations and, where it has done so, it is hence solely for the Community to enter into external undertakings with third States or competent international organisations.
         In addition, Community policy in the sphere of development cooperation complements policies pursued by Member States and includes provisions to prevent and combat smuggling of migrants.


title: 86/578/EEC: Council Decision of 3 November 1986 concluding an Additional Protocol to the Agreement between the European Community and the Republic of Singapore on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

text:
29 . 11 . 86                            Official Journal of the European Communities                                 No L 338 / 13
                                                     COUNCIL DECISION
                                                      of 3 November 1986
                  concluding an Additional Protocol to the Agreement between the European Economic
                  Community and the Republic of Singapore on trade in textile products consequent on the
                      accession of the Kingdom of Spain and the Portuguese Republic to the Community
                                                         ( 86 / 578 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Singapore on trade in textile products consequent on the
                                                                       accession of the Kingdom of Spain and the Portuguese
Having regard to the Treaty establishing the European                  Republic to the Community is hereby approved on behalf of
Economic Community , and in particular Article 113                     the Community .
thereof,
                                                                       The text of the Protocol is attached to this Decision .
Having     regard   to   the   recommendation      from    the
Commission ,
Whereas it is necessary to approve the Additional Protocol to                                    Article 2
the Agreement between the European Economic Community
and the Republic of Singapore on trade in textile products to          The President of the Council shall give the notification
take account of the accession to the Community of the                  provided for in Article 4 of the Additional Protocol .
Kingdom of Spain and the Portuguese Republic ,
HAS DECIDED AS FOLLOWS :
                                                                       Done at Brussels , 3 November 1986.
                           Article 1                                                                               For the Council
                                                                                The President
The Additional Protocol to the Agreement between the
European Economic Community and the Republic of                                                                      A. CLARK


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 17 December 1973 establishing supervision of imports of certain products originating in Austria

text:
27. 12. 73                             Official Journal of the European Communities                         No L 356/ 87
               DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
               MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY,
                                          MEETING WITHIN THE COUNCIL
                                                    of 17 December 1973
                       establishing supervision of imports of certain products originating in Austria
                                                       (73/441 /ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS                            before   the   date  on   which   customs   duties   are
OF THE MEMBER STATES OF THE EUROPEAN                              reimposed .
COAL AND STEEL COMMUNITY, MEETING WITHIN
THE COUNCIL,                                                      The reaching of an indicative ceiling shall be
                                                                  determined at Community level on the basis of
In agreement with the Commission ,                                imports set off against it in the manner defined in the
                                                                  preceding subparagraph.
HAVE DECIDED AS FOLLOWS :
                                                                  The Member States shall periodically inform the
                                                                  Commission of imports effected in accordance with
                                                                  the above rules .
                           Article 1
                                                                  3.    As soon as the ceilings have been reached, the
1 . Imports of products originating in Austria to                 Member States may, at the request of one of them or '
which annual indicative ceilings are applied in                   of the Commission, reimpose, until the end of the
accordance with Articles 1 and 2 of Protocol No 1 to
                                                                  calendar year, each in respect of its own territory, the
the Agreement between the Member States of the                    customs duties applicable to third countries, adjusted,
European Coal and Steel Community and the Euro                   where appropriate, by the percentages laid down in
pean Coal and Steel Community, of the one part, and               Article 2 (e) of Protocol No 1 to the Agreement
the Republic of Austria, of the other part, shall be              referred to in paragraph 1 .
subjected to supervision from 1 January 1974 to 31
December 1974.
                                                                                Article 2
The description of the products referred to in the
preceding subparagraph, their tariff headings and                 For the implementation of this Decision the Member
statistic numbers and the levels of the indicative                States shall take all necessary measures in close
ceilings are given in Council Regulation (EEC) No                 cooperation with the Commission .
3469/73 (1 ) of 17 December 1973 establishing Com
munity supervision of imports of certain products
originating in Austria.                                                                   Article 3
2. Amounts shall be set off against the indicative                The Member States shall take all measures required
ceilings as and when products are submitted to the                to implement this Decision.
customs authorities under cover of a declaration that
they have been made available for consumption and
accompanied by a movement certificate conforming                  Done at Brussels, 17 December 1973 .
to the rules contained in the Agreement referred to in
paragraph 1 .
                                                                                The President
Goods shall be set off against the indicative ceiling
only if the movement certificate has been submitted                                                  I. N0RGAARD
 (*) See p. 29 of this Official Journal.


title: Council Decision (EU) 2016/814 of 13 May 2016 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions

text:
               24.5.2016

               EN

               Official Journal of the European Union

               L 133/8

         COUNCIL DECISION (EU) 2016/814
   of 13 May 2016
   appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Austrian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Elisabeth VITOUCH,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mag. Muna DUZDAR, Abgeordnete zum Wiener Landtag und Mitglied des Gemeinderats der Stadt Wien.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 May 2016.

            For the Council

            The President

         E.M.J. PLOUMEN

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 28 June 1977 extending the period of validity of Decision 76/565/ECSC opening tariff preferences for products covered by that Community and originating in Algeria

text:
No L 169 /24                           Official Journal of the European Communities                             7 . 7 . 77
                                                               II
                                          (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                         DECISION
                OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
                STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING
                                                 WITHIN THE COUNCIL ,
                                                       of 28 June 1977
                 extending the period of validity of Decision 76/ 565/ ECSC opening tariff prefer
                   ences for products covered by that Community and originating in Algeria
                                                        (77/41 6/ ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS OF                           In agreement with the Commission ,
THE MEMBER STATES OF THE EUROPEAN COAL
AND STEEL COMMUNITY, MEETING WITHIN THE
                                                                    HAVE DECIDED AS FOLLOWS :
COUNCIL,
Whereas, pending the entry into force of the Agree                                      Article 1
ment between the Member States of the European                      In Article 4 of Decision 76/ 565/ ECSC the date ' 30
Coal and Steel Community and the People's Democ                   June 1977' is hereby replaced by '30 June 1978 '.
ratic Republic of Algeria signed on 26 April 1976, the
representatives of the Governments of the Member                                         Article 2
States adopted autonomously and concomitantly Deci
sion 76/ 565/ ECSC opening tariff preferences for                   Member States shall adopt all the measures necessary
products covered by that Community and originating                  for the implementation of this Decision .
in Algeria ( ! ), which is applicable until 30 June 1977
at the latest ;                                                     Done at Luxembourg, 28 June 1977 .
Whereas the said Agreement has not yet entered into                                            The President
force ; whereas the period of validity of the auto
nomous measures should be extended by one year ;                                               W. RODGERS
(') OJ No L 175 , 1 . 7 . 1976, p. 9 .


title: Council Decision (EU) 2015/484 of 17 March 2015 appointing a Belgian member of the European Economic and Social Committee

text:
               21.3.2015

               EN

               Official Journal of the European Union

               L 77/11

         COUNCIL DECISION (EU) 2015/484
   of 17 March 2015
   appointing a Belgian member of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Belgian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Tony VANDEPUTTE,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Rudi THOMAES, Administrateur délégué honoraire de la Fédération des Entreprises de Belgique (FEB), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 17 March 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  OJ L 251, 25.9.2010, p. 8.


title: Council Decision of 10 November 2009 on the conclusion of an Agreement in the form of a Protocol between the European Community and its Member States and the Republic of Lebanon establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part

text:
               14.12.2010

               EN

               Official Journal of the European Union

               L 328/20

         COUNCIL DECISION
   of 10 November 2009
   on the conclusion of an Agreement in the form of a Protocol between the European Community and its Member States and the Republic of Lebanon establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part
   (2010/771/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 24 February 2006, the Council authorised the Commission to open negotiations with its partners from the Mediterranean region in order to establish a dispute settlement mechanism related to trade provisions.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has finalised negotiations for the conclusion of an Agreement in the form of a Protocol establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (1).

               (4)

               This Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of a Protocol between the European Community and the Republic of Lebanon establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of a Protocol in order to bind the Community.

      Done at Brussels, 10 November 2009.

            For the Council

            The President

         A. BORG

      (1)  OJ L 143, 30.5.2006, p. 2.
   Joint Declaration
   by the European Union and the Republic of Lebanon
   on the occasion of the signature of the Agreement in the form of a Protocol establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part
   As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date the European Union exercises all rights and assumes all obligations of the European Community.
   Therefore, references to ‘the European Community’ in the text of the aforementioned Agreement, signed today, are, where appropriate, to be read as ‘the European Union’.

      Déclaration conjointe

      de I’Union européenne et de la République libanaise

      à l’occasion de la signature de l’accord sous forme de protocole instituant un mécanisme de règlement des différends relatifs aux dispositions commerciales de l’accord euroméditerranéen instituant une association entre la Communauté européenne et ses États membres, d’une part, et la République libanaise, d’autre part

   À la suite de l’entrée en vigueur du traité de Lisbonne, le 1er décembre 2009, I’Union européenne s’est substituée et a succédé à la Communauté européenne et, à compter de cette date, exerce tous les droits et assume toutes les obligations de la Communauté européenne.
   Par conséquent les références à «la Communauté européenne» dans le texte de l’accord signé ce jour s’entendent, le cas échéant, comme faites à «l’Union européenne».

      Done at Brussels on 11 November 2010
      Fait à Bruxelles, le 11 novembre 2010

         For the European Union
         Pour 1’Union européenne

         For the Republic of Lebanon
         Pour la République libanaise

    ---documentbreak---

               14.12.2010

               EN

               Official Journal of the European Union

               L 328/21

         PROTOCOL
   between the European Community and the Republic of Lebanon establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’,
   of the one part, and
   THE REPUBLIC OF LEBANON,
   hereinafter referred to as ‘Lebanon’,
   of the other part,
   HAVE DECIDED AS FOLLOWS:
   CHAPTER I

      OBJECTIVE AND SCOPE

   Article 1
   Objective
   The objective of this Protocol is to avoid and settle any trade dispute between the Parties with a view to arriving at, where possible, a mutually agreed solution.
   Article 2
   Application of the Protocol
   The provisions of this Protocol apply with respect to any dispute concerning the interpretation and application of the provisions of Title II (with the exception of Articles 23, 24 and 25) of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Members States, of the one part, and the Republic of Lebanon, of the other part (hereinafter referred to as the ‘Association Agreement’), except as otherwise expressly provided (1). Article 82 of the Association Agreement applies to disputes relating to the application and interpretation of other provisions of the Association Agreement.
   CHAPTER II

      CONSULTATIONS AND MEDIATION

   Article 3
   Consultations
   1.   The Parties shall endeavour to resolve any difference regarding the interpretation and application of the provisions referred to in Article 2 by entering in good faith into consultations under the auspices of the Association Council with the aim of reaching a prompt, equitable, and mutually agreed solution.
   2.   A Party shall seek consultations by means of a written request to the other Party, copied to the subcommittee on industry, trade and services, identifying any measure at issue and the provisions of the Association Agreement that it considers applicable.
   3.   Consultations shall be held within 30 days of the date of receipt of the request and shall take place, unless the Parties agree otherwise, on the territory of the Party complained against. The consultations shall be deemed concluded within 60 days of the date of receipt of the request, unless both Parties agree to continue consultations. Consultations, in particular all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
   4.   Consultations on matters of urgency, including those regarding perishable or seasonal goods, shall be held within 15 days of the date of receipt of the request, and shall be deemed concluded within 30 days of the date of receipt of the request.
   5.   If the Party to which the request for consultations is made does not respond to the request within 10 working days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or paragraph 4 respectively, or if consultations have been concluded and no agreement has been reached on a mutually agreed solution, the complaining Party may request the establishment of an arbitration panel in accordance with Article 5.
   Article 4
   Mediation
   1.   If consultations fail to produce a mutually agreed solution, the Parties may, by mutual agreement, seek recourse to a mediator. Any request for mediation must be made in writing to the subcommittee on industry, trade and services and state any measure which has been the subject of consultations as well as the mutually agreed terms of reference for the mediation. Each Party undertakes to accord sympathetic consideration to requests for mediation.
   2.   Unless the Parties agree on a mediator within five working days of the date of receipt of the request for mediation, the chairpersons of the subcommittee on industry, trade and services, or the chairpersons’ delegate, shall draw by lot a mediator from the names on the lists referred to in Article 19 who is not a national of either Party. The selection shall be made within 10 working days of the date of receipt of the request for mediation. The mediator shall convene a meeting with the Parties no later than 30 days after having been selected. The mediator shall receive the submissions of each Party no later than 15 days before the meeting and may request additional information from the Parties or from experts or technical advisors as she or he deems necessary. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. The mediator shall deliver an opinion no later than 45 days after having been selected.
   3.   The mediator’s opinion may include recommendations on how to resolve the dispute consistent with the provisions referred to in Article 2. The mediator’s opinion is non-binding.
   4.   The Parties may agree to amend the time limits referred to in paragraph 2. The mediator may also decide to amend these time limits upon request of any of the Parties or on his own initiative, given the particular difficulties experienced by the Party concerned or the complexities of the case.
   5.   The proceedings involving mediation, in particular the mediator’s opinion and all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceeding.
   6.   If the Parties agree, a procedure for mediation may continue while the arbitration procedure proceeds.
   7.   Replacement of a mediator shall take place only for the reasons and according to the procedures detailed in Rules 17 to 20 of the Rules of Procedure.
   CHAPTER III

      DISPUTE SETTLEMENT PROCEDURES

      SECTION I

         Arbitration procedure

   Article 5
   Initiation of the arbitration procedure
   1.   Where the Parties fail to resolve the dispute by recourse to consultations as provided for in Article 3, or by recourse to mediation as provided for in Article 4, the complaining Party may request the establishment of an arbitration panel.
   2.   The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the subcommittee on industry, trade and services. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 2. The establishment of an arbitration panel shall be requested no later than 18 months from the date of receipt of the request for consultations, without prejudice to the rights of the complaining Party to request new consultations on the same matter in the future.
   Article 6
   Establishment of the arbitration panel
   1.   An arbitration panel shall be composed of three arbitrators.
   2.   Within 10 working days of the date of receipt by the Party complained against of the request for the establishment of an arbitration panel, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.
   3.   In the event that the Parties are unable to agree on its composition within the time frame laid down in paragraph 2, either party may request the chairpersons of the subcommittee on industry, trade and services, or the chairpersons’ delegate, to draw by lot all three members of the arbitration panel from the list established under Article 19; one name shall be drawn among the individuals proposed by the complaining Party, one shall be drawn among the individuals proposed by the Party complained against and one shall be drawn among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or two of the members of the arbitration panel, the remaining members shall be selected by the same procedure.
   4.   The chairpersons of the subcommittee on industry, trade and services, or the chairpersons’ delegate, shall select the arbitrators within five working days of the request referred to in paragraph 3.
   5.   The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.
   6.   Replacement of arbitrators shall take place only for the reasons and according to the procedures detailed in Rules 17 to 20 of the Rules of Procedure.
   Article 7
   Interim panel report
   The arbitration panel shall issue an interim report to the Parties setting out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes, no later than 120 days from the date of establishment of the arbitration panel. Either Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 15 days of its notification. The findings of the final arbitration panel ruling shall include a discussion of the arguments made at the interim review stage.
   Article 8
   Arbitration panel ruling
   1.   The arbitration panel shall notify its ruling to the Parties and to the subcommittee on industry, trade and services within 150 days from the date of establishment of the arbitration panel. Where the chairperson of the arbitration panel considers that this deadline cannot be met, he or she shall notify the Parties and the subcommittee on industry, trade and services in writing, stating the reasons for the delay and the date on which the arbitration panel plans to conclude its work. Under no circumstances should the ruling be notified later than 180 days from the date of establishment of the arbitration panel.
   2.   In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to notify its ruling within 75 days from the date of its establishment. Under no circumstances should the ruling be notified later than 90 days from the date of its establishment. The arbitration panel shall give a preliminary ruling within 10 days of its establishment on whether it deems the case to be urgent.
   3.   The arbitration panel shall, at the request of both Parties, suspend its work at any time for a period agreed by the Parties not exceeding 12 months and shall resume its work at the end of this agreed period at the request of the complaining Party. If the complaining Party does not request the resumption of the arbitration panel’s work before the expiry of the agreed suspension period, the procedure shall be terminated. The suspension and termination of the arbitration panel’s work are without prejudice to the rights of either Party in another proceeding on the same matter.

      SECTION II

         Compliance

   Article 9
   Compliance with the arbitration panel ruling
   Each Party shall take any measure necessary to comply with the arbitration panel ruling, and the Parties shall endeavour to agree on the period of time to comply with the ruling.
   Article 10
   The reasonable period of time for compliance
   1.   No later than 30 days after the receipt of the notification of the arbitration panel ruling by the Parties, the Party complained against shall notify the complaining Party and the subcommittee on industry, trade and services of the time it will require for compliance (reasonable period of time), if immediate compliance is not possible.
   2.   In the event of disagreement between the Parties on the reasonable period of time with which to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the receipt of the notification made under paragraph 1 by the Party complained against, request in writing the arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the subcommittee on industry, trade and services. The arbitration panel shall notify its ruling to the Parties and to the subcommittee on industry, trade and services within 30 days from the date of submission of the request.
   3.   The reasonable period of time may be extended by mutual agreement of the Parties.
   Article 11
   Review of any measure taken to comply with the arbitration panel ruling
   1.   The Party complained against shall notify the other Party and the subcommittee on industry, trade and services before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.
   2.   In the event of disagreement between the Parties concerning the existence of any measure notified under paragraph 1 or its consistency with the provisions referred to in Article 2, the complaining Party may request in writing the arbitration panel to rule on the matter. Such request shall identify the specific measure at issue and shall explain how such measure is inconsistent with the provisions referred to in Article 2. The arbitration panel shall notify its ruling within 90 days of the date of submission of the request. In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall notify its ruling within 45 days of the date of submission of the request.
   Article 12
   Temporary remedies in case of non-compliance
   1.   If the Party complained against fails to notify any measure taken to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that the measure notified under Article 11(1) is inconsistent with that Party’s obligations under the provisions referred to in Article 2, the Party complained against shall, if so requested by the complaining Party, present an offer for temporary compensation.
   2.   If no agreement on compensation is reached within 30 days of the end of the reasonable period of time or of notification of the arbitration panel ruling under Article 11 that the measure taken to comply is inconsistent with the provisions referred to in Article 2, the complaining Party shall be entitled, upon notification to the other Party and to the subcommittee on industry, trade and services, to suspend obligations arising from any provision referred to in Article 2 at a level equivalent to the nullification or impairment caused by the violation. The complaining Party may implement the suspension 10 working days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 3.
   3.   If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request in writing the arbitration panel to rule on the matter. Such request shall be notified to the other Party and to the subcommittee on industry, trade and services before the expiry of the 10-working-day period referred to in paragraph 2. The arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its ruling on the level of the suspension of obligations to the Parties and to the subcommittee on industry, trade and services within 30 days of the date of submission of the request. Obligations shall not be suspended until the arbitration panel has delivered its ruling, and any suspension shall be consistent with the arbitration panel ruling.
   4.   The suspension of obligations shall be temporary and shall be applied only until any measure found to be inconsistent with the provisions referred to in Article 2 has been withdrawn or amended so as to bring it into conformity with those provisions, as established under Article 13, or until the Parties have settled the dispute.
   Article 13
   Review of any measure taken to comply after the suspension of obligations
   1.   The Party complained against shall notify the other Party and the subcommittee on industry, trade and services of any measure it has taken to comply with the ruling of the arbitration panel and of its request for an end to the suspension of obligations applied by the complaining Party.
   2.   If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 2 within 30 days of the date of receipt of the notification, the complaining Party shall request in writing the arbitration panel to rule on the matter. Such request shall be notified simultaneously to the other Party and to the subcommittee on industry, trade and services. The arbitration panel ruling shall be notified to the Parties and to the subcommittee on industry, trade and services within 45 days of the date of submission of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 2, the suspension of obligations shall be terminated.

      SECTION III

         Common provisions

   Article 14
   Mutually agreed solution
   The Parties may reach a mutually agreed solution to a dispute under this Protocol at any time. They shall notify the subcommittee on industry, trade and services and the arbitration panel of any such solution. Upon notification of the mutually agreed solution, the arbitration panel shall terminate its work and the procedure shall be terminated.
   Article 15
   Rules of procedure
   1.   Dispute settlement procedures under Chapter III shall be governed by the Rules of Procedure annexed to this Protocol.
   2.   Any meeting of the arbitration panel shall be open to the public in accordance with the Rules of Procedure, unless the Parties agree otherwise.
   Article 16
   Information and technical advice
   1.   Upon its own initiative or at the request of a Party, the arbitration panel may obtain information from any source, including the Parties, which it deems appropriate for the arbitration panel proceeding. In particular, the arbitration panel has the right to seek the relevant opinion of experts as it deems appropriate. The panel shall consult the Parties before choosing such experts. The panel shall not be bound by the Parties’ opinion on the experts. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments.
   2.   Interested natural or legal persons established in the Parties are authorised to submit amicus curiae briefs to the arbitration panel in accordance with the Rules of Procedure. Such briefs shall be limited to the factual aspects of the dispute and shall not address points of law.
   Article 17
   Rules of interpretation
   Any arbitration panel shall interpret the provisions referred to in Article 2 in accordance with customary rules of interpretation of public international law, including those set out in the Vienna Convention on the Law of Treaties. The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided in the provisions referred to in Article 2.
   Article 18
   Arbitration panel rulings
   1.   The arbitration panel shall make every effort to make its rulings by consensus. Where, nevertheless, a ruling cannot be made by consensus, the matter at issue shall be decided by majority vote.
   2.   Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations to physical or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of the Association Agreement and the basic rationale behind any findings and conclusions that it makes. The subcommittee on industry, trade and services shall make the arbitration panel ruling publicly available in its entirety unless it decides not to do so in order to ensure the confidentiality of confidential business information.
   CHAPTER IV

      GENERAL PROVISIONS

   Article 19
   Lists of arbitrators
   1.   The subcommittee on industry, trade and services shall, no later than 6 months after the entry into force of this Protocol, establish a list of at least 15 individuals who are willing and able to serve as arbitrators. Each of the Parties shall propose at least five individuals to serve as arbitrators. The two Parties shall also select at least five individuals who are not nationals of either Party to act as chairperson. The subcommittee on industry, trade and services will ensure that the list is always maintained at this level.
   2.   The arbitrators must have specialised knowledge or experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct annexed to this Protocol.
   3.   The subcommittee on industry, trade and services may establish additional lists of at least 15 individuals having a sectoral expertise in specific matters covered by the Association Agreement, or with experience in mediation. When recourse is made to the selection procedure of Article 6(2), the chairpersons of the subcommittee on industry, trade and services may use such sectoral list upon agreement of both Parties.
   Article 20
   Relation with WTO obligations
   1.   Recourse to the dispute settlement provisions of this Protocol shall be without prejudice to any action in the WTO framework, including dispute settlement action.
   2.   However, where a Party has, with regard to a particular measure, instituted a dispute settlement proceeding, either under this Protocol or under the WTO Agreement, it may not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has ended. In addition, a Party shall not seek redress for the breach of an obligation which is identical under the Association Agreement and under the WTO Agreement in the two forums. In such case, once a dispute settlement proceeding has been initiated, the Party shall not bring a claim seeking redress for the breach of the identical obligation under the other agreement to the other forum, unless the forum selected fails, for procedural or jurisdictional reasons, to make findings on that claim.
   3.   For purposes of paragraph 2:

               —

               dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s request for the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO (DSU) and are deemed to be ended when the Dispute Settlement Body adopts the panel’s report, and the Appellate Body’s report as the case may be, under Articles 16 and 17(14) of the DSU,

               —

               dispute settlement proceedings under this Protocol are deemed to be initiated by a Party’s request for the establishment of an arbitration panel under Article 5(1) and are deemed to be ended when the arbitration panel notifies its ruling to the Parties and to the subcommittee on industry, trade and services under Article 8.

         4.   Nothing in this Protocol shall preclude a Party from implementing the suspension of obligations authorised by the Dispute Settlement Body of the WTO. The WTO Agreement shall not be invoked to preclude a Party from suspending its obligations under this Protocol.
   Article 21
   Time limits
   1.   All time limits laid down in this Protocol, including the limits for the arbitration panels to notify their rulings, shall be counted in calendar days from the day following the act or fact to which they refer, unless otherwise specified.
   2.   Any time limit referred to in this Protocol may be modified by mutual agreement of the Parties. The Parties undertake to accord sympathetic consideration to requests for extensions of any time limit by reason of difficulties faced by any Party in complying with the procedures of this Protocol. Upon request of a Party, the arbitration panel may modify the time limits applicable in the proceedings, taking into account the different level of development of the Parties.
   Article 22
   Review and modification of the Protocol
   1.   The Association Council may review the implementation of this Protocol and its Annexes, with a view to deciding on their continuation, modification or termination.
   2.   The Association Council may decide to modify this Protocol and its annexes. Any such modification may be subject to the fulfilment of the internal legal requirements of each Party.
   Article 23
   Entry into force
   This Protocol shall be approved by the Parties in accordance with their own procedures. It 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 in this Article have been completed.

      Done at Brussels, 11 November 2010, in duplicate, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā
         Europos Sajungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         За Релублика Ливан
         Por la República Libanesa
         Za Libanonskou republiku
         For Den Libanesiske Republik
         Für die Libanesische Republik
         Liibanoni Vabariigi nimel
         Για τη Δημοκρατία του Λιβάνου
         For the Republic of Lebanon
         Pour la République libanaise
         Per la Repubblica libanese
         Libānas Republikas vārdā
         Libano Respublikos vardu
         A Libanoni Köztársaság részéről
         Għar-repubblika tal-Libanu
         Voor de Republiek Libanon
         W imieniu Republiki Libańskiej
         Pela República do Líbano
         Pentru Republica Libaneză
         Za Libanonskú republiku
         Za Republiko Libanon
         Libanonin tasavallan puolesta
         För Republiken Libanon

      (1)  The provisions of this Protocol are without prejudice to Article 33 of the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.
   ANNEXES

               ANNEX I

               :

                  RULES OF PROCEDURE FOR ARBITRATION

               ANNEX II

               :

                  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS


title: Decision of the Bureau of 4 May 2009 concerning European Parliament rules on language and computer courses for Members

text:
               29.8.2009

               EN

               Official Journal of the European Union

               C 204/5

      DECISION OF THE BUREAU

   of 4 May 2009
   concerning European Parliament rules on language and computer courses for Members
   2009/C 204/03
   THE BUREAU OF THE EUROPEAN PARLIAMENT,
   Having regard to the Statute for Members of the European Parliament (1), and in particular Articles 20 and 22 thereof,
   Having regard to the Implementing Measures for the Statute for Members of the European Parliament (hereinafter ‘IM’) (2), and in particular Articles 44 and 74 thereof,
   Having regard to Rules 8 and 22(2) of Parliament’s Rules of Procedure,
   Whereas the provisions of the Rules governing the payment of expenses and allowances to Members of the European Parliament (3), and in particular Articles 22 et seq. dealing with language and computer courses for Members, will expire on the date on which the Statute for Members of the European Parliament enters into force, and whereas, therefore, new rules governing such courses need to be adopted,
   HAS DECIDED:
   SECTION 1

      GENERAL PROVISIONS

   Article 1
   Principles and definitions
   1.   Pursuant to Article 44(1) IM, Members may attend language and computer courses organised by Parliament or by an approved establishment in accordance with the conditions laid down in these Rules. Members shall be entitled to reimbursement of the expenses actually incurred in attending language and computer courses, in accordance with the limits and conditions laid down below.
   2.   ‘Approved establishment’ shall mean a school, an institute or a self-employed teacher/trainer who holds the qualifications required by the national law applicable to the courses given to teach the language or the software application in accordance with the arrangements chosen by the Member.
   Article 2
   Reimbursement of tuition fees
   1.   Reimbursement of tuition fees, including, where appropriate, registration fees, may not exceed an annual amount of EUR 5 000 in respect of language courses and EUR 1 500 in respect of computer courses. Within those limits, a maximum of EUR 500 may be reimbursed in respect of distance learning or self-tuition materials.
   2.   In an election year, or if a Member’s term of office comes to an end during the financial year, the maximum amounts shall be allocated on a pro rata basis between the outgoing Member and the newly elected Member. Amounts unduly paid shall be paid back or recovered.
   Article 3
   Reimbursement procedures
   Tuition fees, which shall not cover the teacher’s travel expenses or commission charges, shall be reimbursed on the basis of a written application from the Member concerned, which must be accompanied by the following supporting documents:

               1.

               The invoice for the tuition fees, drawn up in due form and duly receipted in respect of the full amount, and stating:

                           (a)

                           the Member’s name;

                           (b)

                           the name, address and legal status of the approved establishment;

                           (c)

                           the total cost of the course, broken down into tuition fees and other charges;

                           (d)

                           the VAT number or, if the establishment is exempt from the requirement either to register with the VAT authorities or to pay VAT, the reason for that exemption;

                           (e)

                           and, where required by law, the commercial register or equivalent number of the approved establishment.

               2.

               A certificate of regular attendance issued and duly validated by the approved establishment stating the Member’s name, the number of hours of tuition attended and the dates and times thereof.

               3.

               A supporting document certifying that the establishment is approved, within the meaning of Article 1(2), to provide tuition.

         SECTION 2

      LANGUAGE COURSES

   Article 4
   Language courses organised by Parliament
   Members may attend, on Parliament’s premises in Brussels and Strasbourg, at an hourly cost of EUR 40 and up to the maximum amount referred to in Article 2, one or more language courses given by teachers made available by Parliament on the basis of their work timetable, in the five most-requested languages (English, French, German, Italian and Spanish).
   Article 5
   Other courses in the official languages
   1.   Members may attend courses in the official languages referred to in Rule 138 of Parliament’s Rules of Procedure, i.e. the languages in which authentic versions of the Treaties are drawn up and the official languages of the officially recognised applicant countries.
   2.   Members shall receive reimbursement of the tuition fees paid for such courses, up to the maximum amount referred to in Article 2 and in accordance with the procedures laid down in Article 3.
   3.   In addition to the amount referred to in Article 2, Members may also receive reimbursement of the travel and subsistence expenses incurred in attending courses at a language school or institute, provided that:

               (a)

               the school or institute is situated in Europe (excluding Parliament’s normal places of work and regions situated outside the European continent); and

               (b)

               they attended the courses in a Member State other than that in which they were elected or in an officially recognised applicant country; and

               (c)

               the language studied is an official language of that Member State or applicant country; and

               (d)

               the courses include a minimum of 20 hours’ tuition per session with a minimum of four 60-minute lessons or five lessons each lasting 45-50 minutes per day. The session must consist of consecutive days which may be interrupted by a maximum of two public holidays (excluding weekends) when the teaching establishment is closed.

         4.   Travel expenses shall be reimbursed on the basis of Articles 13, 15 and, mutatis mutandis, 17 IM in respect of a maximum of two return journeys per year. The cost of journeys by taxi not exceeding 40 km made on arrival at or departure from the place where the course is held shall be reimbursed on presentation of supporting documents specifying the distance travelled.
   5.   Subsistence expenses shall be reimbursed at half the standard rate of the subsistence allowance referred to in Article 24(2) IM, and for a maximum of 20 days per year, provided that Members can prove that they actually had to bear the cost of accommodation. To that end, Members must present a duly receipted accommodation invoice.
   6.   In an election year, the number of return journeys and the number of days’ allowances shall be allocated on a pro rata basis between the outgoing Member and the newly elected Member.
   7.   Supporting documents in respect of travel and subsistence expenses must be submitted together with those relating to tuition fees.
   Article 6
   Courses in other languages
   Members may attend courses in other languages than those referred to in Article 5(1), provided that the languages have a direct connection with their official parliamentary duties and subject to prior authorisation from the Quaestor with responsibility for professional training. In respect of such courses, Members shall receive reimbursement only of the tuition fees, up to the maximum amount referred to in Article 2 and in accordance with the procedures laid down in Article 3.
   SECTION 3

      COMPUTER COURSES

   Article 7
   Courses organised by Parliament
   Members may attend computer courses organised by Parliament covering the software applications it makes available to Members.
   Members shall receive no reimbursement in respect of attendance at such courses.
   Article 8
   Other computer courses
   Members may attend computer courses given outside Parliament dealing with the software applications that they use in the performance of their duties.
   In respect of such courses, Members shall receive reimbursement only of the tuition fees, up to the maximum amount referred to in Article 2 and in accordance with the procedures laid down in Article 3, and provided that they submit detailed documentation concerning the course content.
   SECTION 4

      DISTANCE-LEARNING AND SELF-TUITION

   Article 9
   Definition
   Members may take distance-learning language or computer courses, including Internet courses, or purchase language or computer self-tuition materials.
   Article 10
   Reimbursement procedures
   1.   In respect of such courses, Members shall receive, up to the maximum amount referred to in Article 2, reimbursement of the cost of the distance-learning course and/or of the self-tuition materials, excluding computer connection or communication costs.
   2.   Reimbursement shall be effected in accordance with the procedures laid down in Article 3 and on presentation of:

               (a)

               detailed documentation setting out the programme for the distance-learning course chosen or a description of the self-tuition materials purchased;

               (b)

               and, in respect of distance-learning and/or Internet courses, a certificate of regular attendance issued and duly validated by the approved establishment, stating the Member’s name, the number of hours’ tuition taken and the dates and times thereof.

         SECTION 5

      FINAL PROVISION

   Article 11
   Entry into force
   These Rules shall enter into force, following their publication in the Official Journal, on the date of entry into force of the Statute for Members of the European Parliament.

      (1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

      (2)  Approved by Parliament's Bureau on 19 May 2008 and 9 June 2008 (PE388.087/BUR/GT/REV 13).

      (3)  PE113.166/BUR/rev.XXV/01-2009.