title: 2009/89/EC: Council Decision of 4 December 2008 on the signing, on behalf of the European Community, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean

text:
               4.2.2009

               EN

               Official Journal of the European Union

               L 34/17

         COUNCIL DECISION
   of 4 December 2008
   on the signing, on behalf of the European Community, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean
   (2009/89/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with the first sentence of the first paragraph of Article 300(2), thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Convention for the Protection of the Mediterranean Sea against Pollution, which was subsequently renamed as the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (hereinafter the Barcelona Convention) was concluded on behalf of the European Community by Council Decisions 77/585/EEC (1) and 1999/802/EC (2).

               (2)

               In accordance with Article 4.3(e) of the Barcelona Convention, the Contracting Parties shall commit themselves to promote the integrated management of the coastal zones, taking into account the protection of areas of ecological and landscape interest and the rational use of natural resources.

               (3)

               The Recommendation of the European Parliament and of the Council of 30 May 2002, concerning the implementation of Integrated Coastal Zone Management in Europe (3), and in particular Chapter V thereof, encourages the implementation by the Member States of integrated coastal zone management in the context of existing conventions with neighbouring countries, including non-Member States, in the same regional sea.

               (4)

               The Community promotes integrated management on a larger scale by means of horizontal instruments, including in the field of environmental protection. These activities therefore contribute to integrated coastal zone management.

               (5)

               Integrated Coastal Zone Management is one component of the EU Integrated Maritime Policy as endorsed by the European Council held in Lisbon on 13 and 14 December 2007.

               (6)

               By virtue of a Council Decision of 27 November 2006, the Commission participated on behalf of the Community, in consultation with the representatives of the Member States, in the negotiations organised by the Barcelona Convention with a view to preparing a Protocol on Integrated Coastal Zone Management in the Mediterranean (hereinafter the ICZM Protocol).

               (7)

               As a result of those negotiations, the text of the ICZM Protocol was adopted by the Conference of Plenipotentiaries on 20 January 2008 and it will be open for signature until 20 January 2009.

               (8)

               The Mediterranean coastal zones continue to experience high pressures on the environment and degradation of coastal resources. The ICZM Protocol provides a framework to stimulate a more concerted and integrated approach, involving public and private stakeholders including civil society and economic operators. Such an inclusive approach is required to address these problems more effectively and achieve a more sustainable development of the Mediterranean coastal zones.

               (9)

               The ICZM Protocol covers a broad range of provisions which will need to be implemented by different levels of administration taking the subsidiarity and proportionality principles into account. While it is appropriate for the Community to act in support of integrated coastal zone management, bearing in mind, inter alia, the cross-border nature of most environmental problems, the Member States and their relevant competent authorities will be responsible for the design and implementation on the coastal territory of certain detailed measures laid down in the ICZM Protocol, such as the establishment of zones where construction is not allowed.

               (10)

               It is appropriate that the ICZM Protocol be signed, on behalf of the Community, subject to its subsequent conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean is hereby approved on behalf of the European Community, subject to its subsequent conclusion at a later date.
   The text of the ICZM Protocol is attached to this Decision (4).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the ICZM Protocol on behalf of the Community.

      Done at Brussels, 4 December 2008.

            For the Council

            The President

         N. KOSCIUSKO-MORIZET

      (1)  OJ L 240, 19.9.1977, p. 1.

      (2)  OJ L 322, 14.12.1999, p. 32.

      (3)  OJ L 148, 6.6.2002, p. 24.

      (4)  See page 19 of this Official Journal.
    ---documentbreak---

               4.2.2009

               EN

               Official Journal of the European Union

               L 34/19

         PROTOCOL
   on Integrated Coastal Zone Management in the Mediterranean
   THE CONTRACTING PARTIES TO THE PRESENT PROTOCOL,
   BEING PARTIES to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, adopted at Barcelona on 16 February 1976, and amended on 10 June 1995,
   DESIROUS of implementing the obligations set out in Article 4(3)(e) and (5), of the said Convention,
   CONSIDERING that the coastal zones of the Mediterranean Sea are the common natural and cultural heritage of the peoples of the Mediterranean and that they should be preserved and used judiciously for the benefit of present and future generations,
   CONCERNED at the increase in anthropic pressure on the coastal zones of the Mediterranean Sea which is threatening their fragile nature and desirous of halting and reversing the process of coastal zone degradation and of significantly reducing the loss of biodiversity of coastal ecosystems,
   WORRIED by the risks threatening coastal zones due to climate change, which is likely to result, inter alia, in a rise in sea level, and aware of the need to adopt sustainable measures to reduce the negative impact of natural phenomena,
   CONVINCED that, as an irreplaceable ecological, economic and social resource, the planning and management of coastal zones with a view to their preservation and sustainable development requires a specific integrated approach at the level of the Mediterranean basin as a whole and of its coastal States, taking into account their diversity and in particular the specific needs of islands related to geomorphological characteristics,
   TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, the Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar on 2 February 1971, and the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992, to which many Mediterranean coastal States and the European Community are Parties,
   CONCERNED in particular to act in cooperation for the development of appropriate and integrated plans for coastal zone management pursuant to Article 4(1)(e), of the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992,
   DRAWING on existing experience with integrated coastal zone management and the work of various organisations, including the European institutions,
   BASED UPON the recommendations and work of the Mediterranean Commission on Sustainable Development and the recommendations of the Meetings of the Contracting Parties held in Tunis in 1997, Monaco in 2001, Catania in 2003, and Portoroz in 2005, and the Mediterranean Strategy for Sustainable Development adopted in Portoroz in 2005,
   RESOLVED to strengthen at the Mediterranean level the efforts made by coastal States to ensure integrated coastal zone management,
   DETERMINED to stimulate national, regional and local initiatives through coordinated promotional action, cooperation and partnership with the various actors concerned with a view to promoting efficient governance for the purpose of integrated coastal zone management,
   DESIROUS of ensuring that coherence is achieved with regard to integrated coastal zone management in the application of the Convention and its Protocols,
   HAVE AGREED AS FOLLOWS:
   PART I
   GENERAL PROVISIONS
   Article 1
   General obligations
   In conformity with the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocols, the Parties shall establish a common framework for the integrated management of the Mediterranean coastal zone and shall take the necessary measures to strengthen regional cooperation for this purpose.
   Article 2
   Definitions
   For the purposes of this Protocol:

               (a)

               ‘Parties’ means the Contracting Parties to this Protocol;

               (b)

               ‘Convention’ means the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, done at Barcelona on 16 February 1976, as amended on 10 June 1995;

               (c)

               ‘Organisation’ means the body referred to in Article 17 of the Convention;

               (d)

               ‘Centre’ means the Priority Actions Programme Regional Activity Centre;

               (e)

               ‘coastal zone’ means the geomorphologic area either side of the seashore in which the interaction between the marine and land parts occurs in the form of complex ecological and resource systems made up of biotic and abiotic components coexisting and interacting with human communities and relevant socioeconomic activities;

               (f)

               ‘integrated coastal zone management’ means a dynamic process for the sustainable management and use of coastal zones, taking into account at the same time the fragility of coastal ecosystems and landscapes, the diversity of activities and uses, their interactions, the maritime orientation of certain activities and uses and their impact on both the marine and land parts.

         Article 3
   Geographical coverage
   1.   The area to which the Protocol applies shall be the Mediterranean Sea area as defined in Article 1 of the Convention. The area is also defined by:

               (a)

               the seaward limit of the coastal zone, which shall be the external limit of the territorial sea of Parties; and

               (b)

               the landward limit of the coastal zone, which shall be the limit of the competent coastal units as defined by the Parties.

         2.   If, within the limits of its sovereignty, a Party establishes limits different from those envisaged in paragraph 1 of this Article, it shall communicate a declaration to the Depositary at the time of the deposit of its instrument of ratification, acceptance, approval of, or accession to this Protocol, or at any other subsequent time, in so far as:

               (a)

               the seaward limit is less than the external limit of the territorial sea;

               (b)

               the landward limit is different, either more or less, from the limits of the territory of coastal units as defined above, in order to apply, inter alia, the ecosystem approach and economic and social criteria and to consider the specific needs of islands related to geomorphological characteristics and to take into account the negative effects of climate change.

         3.   Each Party shall adopt or promote at the appropriate institutional level adequate actions to inform populations and any relevant actor of the geographical coverage of the present Protocol.
   Article 4
   Preservation of rights
   1.   Nothing in this Protocol nor any act adopted on the basis of this Protocol shall prejudice the rights, the present and future claims or legal views of any Party relating to the Law of the Sea, in particular the nature and the extent of marine areas, the delimitation of marine areas between States with opposite or adjacent coasts, the right and modalities of passage through straits used for international navigation and the right of innocent passage in territorial seas, as well as the nature and extent of the jurisdiction of the coastal State, the flag State or the port State.
   2.   No act or activity undertaken on the basis of this Protocol shall constitute grounds for claiming, contending or disputing any claim to national sovereignty or jurisdiction.
   3.   The provisions of this Protocol shall be without prejudice to stricter provisions respecting the protection and management of the coastal zone contained in other existing or future national or international instruments or programmes.
   4.   Nothing in this Protocol shall prejudice national security and defence activities and facilities; however, each Party agrees that such activities and facilities should be operated or established, so far as is reasonable and practicable, in a manner consistent with this Protocol.
   Article 5
   Objectives of integrated coastal zone management
   The objectives of integrated coastal zone management are to:

               (a)

               facilitate, through the rational planning of activities, the sustainable development of coastal zones by ensuring that the environment and landscapes are taken into account in harmony with economic, social and cultural development;

               (b)

               preserve coastal zones for the benefit of current and future generations;

               (c)

               ensure the sustainable use of natural resources, particularly with regard to water use;

               (d)

               ensure preservation of the integrity of coastal ecosystems, landscapes and geomorphology;

               (e)

               prevent and/or reduce the effects of natural hazards and in particular of climate change, which can be induced by natural or human activities;

               (f)

               achieve coherence between public and private initiatives and between all decisions by the public authorities, at the national, regional and local levels, which affect the use of the coastal zone.

         Article 6
   General principles of integrated coastal zone management
   In implementing this Protocol, the Parties shall be guided by the following principles of integrated coastal zone management:

               (a)

               the biological wealth and the natural dynamics and functioning of the intertidal area and the complementary and interdependent nature of the marine part and the land part forming a single entity shall be taken particularly into account;

               (b)

               all elements relating to hydrological, geomorphological, climatic, ecological, socioeconomic and cultural systems shall be taken into account in an integrated manner, so as not to exceed the carrying capacity of the coastal zone and to prevent the negative effects of natural disasters and of development;

               (c)

               the ecosystems approach to coastal planning and management shall be applied so as to ensure the sustainable development of coastal zones;

               (d)

               appropriate governance allowing adequate and timely participation in a transparent decision-making process by local populations and stakeholders in civil society concerned with coastal zones shall be ensured;

               (e)

               cross-sectorally organised institutional coordination of the various administrative services and regional and local authorities competent in coastal zones shall be required;

               (f)

               the formulation of land use strategies, plans and programmes covering urban development and socioeconomic activities, as well as other relevant sectoral policies, shall be required;

               (g)

               the multiplicity and diversity of activities in coastal zones shall be taken into account, and priority shall be given, where necessary, to public services and activities requiring, in terms of use and location, the immediate proximity of the sea;

               (h)

               the allocation of uses throughout the entire coastal zone should be balanced, and unnecessary concentration and urban sprawl should be avoided;

               (i)

               preliminary assessments shall be made of the risks associated with the various human activities and infrastructure so as to prevent and reduce their negative impact on coastal zones;

               (j)

               damage to the coastal environment shall be prevented and, where it occurs, appropriate restoration shall be effected.

         Article 7
   Coordination
   1.   For the purposes of integrated coastal zone management, the Parties shall:

               (a)

               ensure institutional coordination, where necessary through appropriate bodies or mechanisms, in order to avoid sectoral approaches and facilitate comprehensive approaches;

               (b)

               organise appropriate coordination between the various authorities competent for both the marine and the land parts of coastal zones in the different administrative services, at the national, regional and local levels;

               (c)

               organise close coordination between national authorities and regional and local bodies in the field of coastal strategies, plans and programmes and in relation to the various authorisations for activities that may be achieved through joint consultative bodies or joint decision-making procedures.

         2.   Competent national, regional and local coastal zone authorities shall, insofar as practicable, work together to strengthen the coherence and effectiveness of the coastal strategies, plans and programmes established.
   PART II
   ELEMENTS OF INTEGRATED COASTAL ZONE MANAGEMENT
   Article 8
   Protection and sustainable use of the coastal zone
   1.   In conformity with the objectives and principles set out in Articles 5 and 6 of this Protocol, the Parties shall endeavour to ensure the sustainable use and management of coastal zones in order to preserve the coastal natural habitats, landscapes, natural resources and ecosystems, in compliance with international and regional legal instruments.
   2.   For this purpose, the Parties:

               (a)

               shall establish in coastal zones, as from the highest winter waterline, a zone where construction is not allowed. Taking into account, inter alia, the areas directly and negatively affected by climate change and natural risks, this zone may not be less than 100 meters in width, subject to the provisions of subparagraph (b) below. Stricter national measures determining this width shall continue to apply;

               (b)

               may adapt, in a manner consistent with the objectives and principles of this Protocol, the provisions mentioned above:

                           1.

                           for projects of public interest,

                           2.

                           in areas having particular geographical or other local constraints, especially related to population density or social needs, where individual housing, urbanisation or development are provided for by national legal instruments;

               (c)

               shall notify to the Organisation their national legal instruments providing for the above adaptations.

         3.   The Parties shall also endeavour to ensure that their national legal instruments include criteria for sustainable use of the coastal zone. Such criteria, taking into account specific local conditions, shall include, inter alia, the following:

               (a)

               identifying and delimiting, outside protected areas, open areas in which urban development and other activities are restricted or, where necessary, prohibited;

               (b)

               limiting the linear extension of urban development and the creation of new transport infrastructure along the coast;

               (c)

               ensuring that environmental concerns are integrated into the rules for the management and use of the public maritime domain;

               (d)

               providing for freedom of access by the public to the sea and along the shore;

               (e)

               restricting or, where necessary, prohibiting the movement and parking of land vehicles, as well as the movement and anchoring of marine vessels, in fragile natural areas on land or at sea, including beaches and dunes.

         Article 9
   Economic activities
   1.   In conformity with the objectives and principles set forth in Articles 5 and 6 of this Protocol, and taking into account the relevant provisions of the Barcelona Convention and its Protocols, the Parties shall:

               (a)

               accord specific attention to economic activities that require immediate proximity to the sea;

               (b)

               ensure that the various economic activities minimise the use of natural resources and take into account the needs of future generations;

               (c)

               ensure respect for integrated water resources management and environmentally sound waste management;

               (d)

               ensure that the coastal and maritime economy is adapted to the fragile nature of coastal zones and that resources of the sea are protected from pollution;

               (e)

               define indicators of the development of economic activities to ensure sustainable use of coastal zones and reduce pressures that exceed their carrying capacity;

               (f)

               promote codes of good practice among public authorities, economic actors and non-governmental organisations.

         2.   In addition, with regard to the following economic activities, the Parties agree:

               (a)

               Agriculture and industry
               to guarantee a high level of protection of the environment in the location and operation of agricultural and industrial activities so as to preserve coastal ecosystems and landscapes and prevent pollution of the sea, water, air and soil;

               (b)

               Fishing

                           (i)

                           to take into account the need to protect fishing areas in development projects;

                           (ii)

                           to ensure that fishing practices are compatible with sustainable use of natural marine resources;

               (c)

               Aquaculture

                           (i)

                           to take into account the need to protect aquaculture and shellfish areas in development projects;

                           (ii)

                           to regulate aquaculture by controlling the use of inputs and waste treatment;

               (d)

               Tourism, sporting and recreational activities

                           (i)

                           to encourage sustainable coastal tourism that preserves coastal ecosystems, natural resources, cultural heritage and landscapes;

                           (ii)

                           to promote specific forms of coastal tourism, including cultural, rural and ecotourism, while respecting the traditions of local populations;

                           (iii)

                           to regulate or, where necessary, prohibit the practice of various sporting and recreational activities, including recreational fishing and shellfish extraction;

               (e)

               Utilisation of specific natural resources

                           (i)

                           to subject to prior authorisation the excavation and extraction of minerals, including the use of seawater in desalination plants and stone exploitation;

                           (ii)

                           to regulate the extraction of sand, including on the seabed and river sediments or prohibit it where it is likely to adversely affect the equilibrium of coastal ecosystems;

                           (iii)

                           to monitor coastal aquifers and dynamic areas of contact or interface between fresh and salt water, which may be adversely affected by the extraction of underground water or by discharges into the natural environment;

               (f)

               Infrastructure, energy facilities, ports and maritime works and structures
               to subject such infrastructure, facilities, works and structures to authorisation so that their negative impact on coastal ecosystems, landscapes and geomorphology is minimised or, where appropriate, compensated by non-financial measures;

               (g)

               Maritime activities
               to conduct maritime activities in such a manner as to ensure the preservation of coastal ecosystems in conformity with the rules, standards and procedures of the relevant international conventions.

         Article 10
   Specific coastal ecosystems
   The Parties shall take measures to protect the characteristics of certain specific coastal ecosystems, as follows:

               1.

               Wetlands and estuaries
               In addition to the creation of protected areas and with a view to preventing the disappearance of wetlands and estuaries, the Parties shall:

                           (a)

                           take into account in national coastal strategies and coastal plans and programmes and when issuing authorisations, the environmental, economic and social function of wetlands and estuaries;

                           (b)

                           take the necessary measures to regulate or, if necessary, prohibit activities that may have adverse effects on wetlands and estuaries;

                           (c)

                           undertake, to the extent possible, the restoration of degraded coastal wetlands with a view to reactivating their positive role in coastal environmental processes.

               2.

               Marine habitats
               The Parties, recognising the need to protect marine areas hosting habitats and species of high conservation value, irrespective of their classification as protected areas, shall:

                           (a)

                           adopt measures to ensure the protection and conservation, through legislation, planning and management of marine and coastal areas, in particular of those hosting habitats and species of high conservation value;

                           (b)

                           undertake to promote regional and international cooperation for the implementation of common programmes on the protection of marine habitats.

               3.

               Coastal forests and woods
               The Parties shall adopt measures intended to preserve or develop coastal forests and woods located, in particular, outside specially protected areas.

               4.

               Dunes
               The Parties undertake to preserve and, where possible, rehabilitate in a sustainable manner dunes and bars.

         Article 11
   Coastal landscapes
   1.   The Parties, recognising the specific aesthetic, natural and cultural value of coastal landscapes, irrespective of their classification as protected areas, shall adopt measures to ensure the protection of coastal landscapes through legislation, planning and management.
   2.   The Parties undertake to promote regional and international cooperation in the field of landscape protection, and in particular, the implementation, where appropriate, of joint actions for transboundary coastal landscapes.
   Article 12
   Islands
   The Parties undertake to accord special protection to islands, including small islands, and for this purpose to:

               (a)

               promote environmentally friendly activities in such areas and take special measures to ensure the participation of the inhabitants in the protection of coastal ecosystems based on their local customs and knowledge;

               (b)

               take into account the specific characteristics of the island environment and the necessity to ensure interaction among islands in national coastal strategies, plans and programmes and management instruments, particularly in the fields of transport, tourism, fishing, waste and water.

         Article 13
   Cultural heritage
   1.   The Parties shall adopt, individually or collectively, all appropriate measures to preserve and protect the cultural, in particular archaeological and historical, heritage of coastal zones, including the underwater cultural heritage, in conformity with the applicable national and international instruments.
   2.   The Parties shall ensure that the preservation in situ of the cultural heritage of coastal zones is considered as the first option before any intervention directed at this heritage.
   3.   The Parties shall ensure in particular that elements of the underwater cultural heritage of coastal zones removed from the marine environment are conserved and managed in a manner safeguarding their long-term preservation and are not traded, sold, bought or bartered as commercial goods.
   Article 14
   Participation
   1.   With a view to ensuring efficient governance throughout the process of the integrated management of coastal zones, the Parties shall take the necessary measures to ensure the appropriate involvement in the phases of the formulation and implementation of coastal and marine strategies, plans and programmes or projects, as well as the issuing of the various authorisations, of the various stakeholders, including:

               —

               the territorial communities and public entities concerned,

               —

               economic operators,

               —

               non-governmental organisations,

               —

               social actors,

               —

               the public concerned.

         Such participation shall involve, inter alia, consultative bodies, inquiries or public hearings, and may extend to partnerships.
   2.   With a view to ensuring such participation, the Parties shall provide information in an adequate, timely and effective manner.
   3.   Mediation or conciliation procedures and a right of administrative or legal recourse should be available to any stakeholder challenging decisions, acts or omissions, subject to the participation provisions established by the Parties with respect to plans, programmes or projects concerning the coastal zone.
   Article 15
   Awareness-raising, training, education and research
   1.   The Parties undertake to carry out, at the national, regional or local level, awareness-raising activities on integrated coastal zone management and to develop educational programmes, training and public education on this subject.
   2.   The Parties shall organise, directly, multilaterally or bilaterally, or with the assistance of the Organisation, the Centre or the international organisations concerned, educational programmes, training and public education on integrated management of coastal zones with a view to ensuring their sustainable development.
   3.   The Parties shall provide for interdisciplinary scientific research on integrated coastal zone management and on the interaction between activities and their impacts on coastal zones. To this end, they should establish or support specialised research centres. The purpose of this research is, in particular, to further knowledge of integrated coastal zone management, to contribute to public information and to facilitate public and private decision-making.
   PART III
   INSTRUMENTS FOR INTEGRATED COASTAL ZONE MANAGEMENT
   Article 16
   Monitoring and observation mechanisms and networks
   1.   The Parties shall use and strengthen existing appropriate mechanisms for monitoring and observation, or create new ones if necessary. They shall also prepare and regularly update national inventories of coastal zones which should cover, to the extent possible, information on resources and activities, as well as on institutions, legislation and planning that may influence coastal zones.
   2.   In order to promote exchange of scientific experience, data and good practices, the Parties shall participate, at the appropriate administrative and scientific level, in a Mediterranean coastal zone network, in cooperation with the Organisation.
   3.   With a view to facilitating the regular observation of the state and evolution of coastal zones, the Parties shall set out an agreed reference format and process to collect appropriate data in national inventories.
   4.   The Parties shall take all necessary means to ensure public access to the information derived from monitoring and observation mechanisms and networks.
   Article 17
   Mediterranean strategy for integrated coastal zone management
   The Parties undertake to cooperate for the promotion of sustainable development and integrated management of coastal zones, taking into account the Mediterranean Strategy for Sustainable Development and complementing it where necessary. To this end, the Parties shall define, with the assistance of the Centre, a common regional framework for integrated coastal zone management in the Mediterranean to be implemented by means of appropriate regional action plans and other operational instruments, as well as through their national strategies.
   Article 18
   National coastal strategies, plans and programmes
   1.   Each Party shall further strengthen or formulate a national strategy for integrated coastal zone management and coastal implementation plans and programmes consistent with the common regional framework and in conformity with the integrated management objectives and principles of this Protocol and shall inform the Organisation about the coordination mechanism in place for this strategy.
   2.   The national strategy, based on an analysis of the existing situation, shall set objectives, determine priorities with an indication of the reasons, identify coastal ecosystems needing management, as well as all relevant actors and processes, enumerate the measures to be taken and their cost as well as the institutional instruments and legal and financial means available, and set an implementation schedule.
   3.   Coastal plans and programmes, which may be self-standing or integrated in other plans and programmes, shall specify the orientations of the national strategy and implement it at an appropriate territorial level, determining, inter alia, and where appropriate, the carrying capacities and conditions for the allocation and use of the respective marine and land parts of coastal zones.
   4.   The Parties shall define appropriate indicators in order to evaluate the effectiveness of integrated coastal zone management strategies, plans and programmes, as well as the progress of implementation of the Protocol.
   Article 19
   Environmental assessment
   1.   Taking into account the fragility of coastal zones, the Parties shall ensure that the process and related studies of environmental impact assessment for public and private projects likely to have significant environmental effects on the coastal zones, and in particular on their ecosystems, take into consideration the specific sensitivity of the environment and the inter-relationships between the marine and terrestrial parts of the coastal zone.
   2.   In accordance with the same criteria, the Parties shall formulate, as appropriate, a strategic environmental assessment of plans and programmes affecting the coastal zone.
   3.   The environmental assessments should take into consideration the cumulative impacts on the coastal zones, paying due attention, inter alia, to their carrying capacities.
   Article 20
   Land policy
   1.   For the purpose of promoting integrated coastal zone management, reducing economic pressures, maintaining open areas and allowing public access to the sea and along the shore, Parties shall adopt appropriate land policy instruments and measures, including the process of planning.
   2.   To this end, and in order to ensure the sustainable management of public and private land of the coastal zones, Parties may, inter alia, adopt mechanisms for the acquisition, cession, donation or transfer of land to the public domain and institute easements on properties.
   Article 21
   Economic, financial and fiscal instruments
   For the implementation of national coastal strategies and coastal plans and programmes, Parties may take appropriate measures to adopt relevant economic, financial and/or fiscal instruments intended to support local, regional and national initiatives for the integrated management of coastal zones.
   PART IV
   RISKS AFFECTING THE COASTAL ZONE
   Article 22
   Natural hazards
   Within the framework of national strategies for integrated coastal zone management, the Parties shall develop policies for the prevention of natural hazards. To this end, they shall undertake vulnerability and hazard assessments of coastal zones and take prevention, mitigation and adaptation measures to address the effects of natural disasters, in particular of climate change.
   Article 23
   Coastal erosion
   1.   In conformity with the objectives and principles set out in Articles 5 and 6 of this Protocol, the Parties, with a view to preventing and mitigating the negative impact of coastal erosion more effectively, undertake to adopt the necessary measures to maintain or restore the natural capacity of the coast to adapt to changes, including those caused by the rise in sea levels.
   2.   The Parties, when considering new activities and works located in the coastal zone including marine structures and coastal defence works, shall take particular account of their negative effects on coastal erosion and the direct and indirect costs that may result. In respect of existing activities and structures, the Parties should adopt measures to minimise their effects on coastal erosion.
   3.   The Parties shall endeavour to anticipate the impacts of coastal erosion through the integrated management of activities, including adoption of special measures for coastal sediments and coastal works.
   4.   The Parties undertake to share scientific data that may improve knowledge on the state, development and impacts of coastal erosion.
   Article 24
   Response to natural disasters
   1.   The Parties undertake to promote international cooperation to respond to natural disasters, and to take all necessary measures to address in a timely manner their effects.
   2.   The Parties undertake to coordinate use of the equipment for detection, warning and communication at their disposal, making use of existing mechanisms and initiatives, to ensure the transmission as rapidly as possible of urgent information concerning major natural disasters. The Parties shall notify the Organisation which national authorities are competent to issue and receive such information in the context of relevant international mechanisms.
   3.   The Parties undertake to promote mutual cooperation and cooperation among national, regional and local authorities, non-governmental organisations and other competent organisations for the provision on an urgent basis of humanitarian assistance in response to natural disasters affecting the coastal zones of the Mediterranean Sea.
   PART V
   INTERNATIONAL COOPERATION
   Article 25
   Training and research
   1.   The Parties undertake, directly or with the assistance of the Organisation or the competent international organisations, to cooperate in the training of scientific, technical and administrative personnel in the field of integrated coastal zone management, particularly with a view to:

               (a)

               identifying and strengthening capacities;

               (b)

               developing scientific and technical research;

               (c)

               promoting centres specialised in integrated coastal zone management;

               (d)

               promoting training programmes for local professionals.

         2.   The Parties undertake, directly or with the assistance of the Organisation or the competent international organisations, to promote scientific and technical research into integrated coastal zone management, particularly through the exchange of scientific and technical information and the coordination of their research programmes on themes of common interest.
   Article 26
   Scientific and technical assistance
   For the purposes of integrated coastal zone management, the Parties undertake, directly or with the assistance of the Organisation or the competent international organisations to cooperate for the provision of scientific and technical assistance, including access to environmentally sound technologies and their transfer, and other possible forms of assistance, to Parties requiring such assistance.
   Article 27
   Exchange of information and activities of common interest
   1.   The Parties undertake, directly or with the assistance of the Organisation or the competent international organisations, to cooperate in the exchange of information on the use of the best environmental practices.
   2.   With the support of the Organisation, the Parties shall in particular:

               (a)

               define coastal management indicators, taking into account existing ones, and cooperate in the use of such indicators;

               (b)

               establish and maintain up-to-date assessments of the use and management of coastal zones;

               (c)

               carry out activities of common interest, such as demonstration projects of integrated coastal zone management.

         Article 28
   Transboundary cooperation
   The Parties shall endeavour, directly or with the assistance of the Organisation or the competent international organisations, bilaterally or multilaterally, to coordinate, where appropriate, their national coastal strategies, plans and programmes related to contiguous coastal zones. Relevant domestic administrative bodies shall be associated with such coordination.
   Article 29
   Transboundary environmental assessment
   1.   Within the framework of this Protocol, the Parties shall, before authorising or approving plans, programmes and projects that are likely to have a significant adverse effect on the coastal zones of other Parties, cooperate by means of notification, exchange of information and consultation in assessing the environmental impacts of such plans, programmes and projects, taking into account Article 19 of this Protocol and Article 4(3)(d) of the Convention.
   2.   To this end, the Parties undertake to cooperate in the formulation and adoption of appropriate guidelines for the determination of procedures for notification, exchange of information and consultation at all stages of the process.
   3.   The Parties may, where appropriate, enter into bilateral or multilateral agreements for the effective implementation of this Article.
   PART VI
   INSTITUTIONAL PROVISIONS
   Article 30
   Focal Points
   Each Party shall designate a Focal Point to serve as liaison with the Centre on the technical and scientific aspects of the implementation of this Protocol and to disseminate information at the national, regional and local level. The Focal Points shall meet periodically to carry out the functions deriving from this Protocol.
   Article 31
   Reports
   The Parties shall submit to the ordinary meetings of the Contracting Parties, reports on the implementation of this Protocol, in such form and at such intervals as these Meetings may determine, including the measures taken, their effectiveness and the problems encountered in their implementation.
   Article 32
   Institutional coordination
   1.   The Organisation shall be responsible for coordinating the implementation of this Protocol. For this purpose, it shall receive the support of the Centre, to which it may entrust the following functions:

               (a)

               to assist the Parties to define a common regional framework for integrated coastal zone management in the Mediterranean pursuant to Article 17;

               (b)

               to prepare a regular report on the state and development of integrated coastal zone management in the Mediterranean Sea with a view to facilitating implementation of the Protocol;

               (c)

               to exchange information and carry out activities of common interest pursuant to Article 27;

               (d)

               upon request, to assist the Parties:

                           —

                           to participate in a Mediterranean coastal zone network pursuant to Article 16,

                           —

                           to prepare and implement their national strategies for integrated coastal zone management pursuant to Article 18,

                           —

                           to cooperate in training activities and in scientific and technical research programmes pursuant to Article 25,

                           —

                           to coordinate, when appropriate, the management of transboundary coastal zones pursuant to Article 28;

               (e)

               to organise the meetings of the Focal Points pursuant to Article 30;

               (f)

               to carry out any other function assigned to it by the Parties.

         2.   For the purposes of implementing this Protocol, the Parties, the Organisation and the Centre may jointly establish cooperation with non-governmental organisations the activities of which are related to the Protocol.
   Article 33
   Meetings of the Parties
   1.   The ordinary meetings of the Parties to this Protocol shall be held in conjunction with the ordinary meetings of the Contracting Parties to the Convention held pursuant to Article 18 of the Convention. The Parties may also hold extraordinary meetings in conformity with that Article.
   2.   The functions of the meetings of the Parties to this Protocol shall be:

               (a)

               to keep under review the implementation of this Protocol;

               (b)

               to ensure that this Protocol is implemented in coordination and synergy with the other Protocols;

               (c)

               to oversee the work of the Organisation and of the Centre relating to the implementation of this Protocol and providing policy guidance for their activities;

               (d)

               to consider the efficiency of the measures adopted for integrated coastal zone management and the need for other measures, in particular in the form of annexes or amendments to this Protocol;

               (e)

               to make recommendations to the Parties on the measures to be adopted for the implementation of this Protocol;

               (f)

               to examine the proposals made by the meetings of Focal Points pursuant to Article 30 of this Protocol;

               (g)

               to consider reports transmitted by the Parties and making appropriate recommendations pursuant to Article 26 of the Convention;

               (h)

               to examine any other relevant information submitted through the Centre;

               (i)

               to examine any other matter relevant to this Protocol, as appropriate.

         PART VII
   FINAL PROVISIONS
   Article 34
   Relationship with the Convention
   1.   The provisions of the Convention relating to any Protocol shall apply with respect to this Protocol.
   2.   The rules of procedure and the financial rules adopted pursuant to Article 24 of the Convention shall apply with respect to this Protocol, unless the Parties to this Protocol agree otherwise.
   Article 35
   Relations with third parties
   1.   The Parties shall invite, where appropriate, States that are not Parties to this Protocol and international organisations to cooperate in the implementation of this Protocol.
   2.   The Parties undertake to adopt appropriate measures, consistent with international law, to ensure that no one engages in any activity contrary to the principles and objectives of this Protocol.
   Article 36
   Signature
   This Protocol shall be open for signature at Madrid, Spain, from 21 January 2008 to 20 January 2009 by any Contracting Party to the Convention.
   Article 37
   Ratification, acceptance or approval
   This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of Spain, which will assume the functions of Depositary.
   Article 38
   Accession
   As from 21 January 2009 this Protocol shall be open for accession by any Party to the Convention.
   Article 39
   Entry into force
   This Protocol shall enter into force on the 30th day following the deposit of at least six instruments of ratification, acceptance, approval or accession.
   Article 40
   Authentic texts
   The original of this Protocol, of which the Arabic, English, French and Spanish texts are equally authentic, shall be deposited with the Depositary.

      IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Protocol.
      DONE AT MADRID, SPAIN, this twenty-first day of January two thousand and eight.


title: 2009/230/EC: Decision of the European Parliament of 22 April 2008 on the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/233

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006
   (2009/230/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006, together with Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4), and in particular Article 30 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0126/2008),

               1.

               Notes that the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union are as annexed to the Court of Auditors' report;

               2.

               Approves the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 7.

      (2)  OJ C 309, 19.12.2007, p. 29.

      (3)  OJ L 248, 16.9.2002, p. 1.

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

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


title: Immunity of Miroslav Ransdorf European Parliament decision of 5 May 2010 on the request for waiver of the immunity of Miloslav Ransdorf (2009/2208(IMM))

text:
               15.3.2011

               EN

               Official Journal of the European Union

               CE 81/146

         Wednesday 5 May 2010Immunity of Miroslav Ransdorf
   P7_TA(2010)0093
   European Parliament decision of 5 May 2010 on the request for waiver of the immunity of Miloslav Ransdorf (2009/2208(IMM))
   2011/C 81 E/25

      The European Parliament,
   having regard to the request for waiver of the immunity of Miloslav Ransdorf, forwarded by the competent authority of the Czech Republic on 16 September 2009, and announced in plenary sitting on 23 November 2009,
   having heard Miloslav Ransdorf in accordance with Rule 7(3) of its Rules of Procedure,
   having regard to Article 9 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
   having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,
   having regard to Rules 6(2) and 7 of its Rules of Procedure,
   having regard to the report of the Committee on Legal Affairs (A7-0107/2010),

               A.

               whereas Miroslav Ransdorf is a Member of the European Parliament,

               B.

               whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members,

               C.

               whereas, according to Article 27(4) of the Czech Constitution, no Member of Parliament or Senator may be criminally prosecuted without the consent of the chamber of which he or she is member and, if the respective chamber denies its consent, criminal prosecution shall be excluded forever,

               1.

               Decides to waive the immunity of Miloslav Ransdorf;

               2.

               Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Czech Republic.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.


title: Council Decision 2008/178/CFSP of 28 January 2008 concerning the conclusion of the Agreement between the European Union and the Republic of Cameroon on the status of the European Union-led forces in transit within the territory of the Republic of Cameroon

text:
               1.3.2008

               EN

               Official Journal of the European Union

               L 57/30

         COUNCIL DECISION 2008/178/CFSP
   of 28 January 2008
   concerning the conclusion of the Agreement between the European Union and the Republic of Cameroon on the status of the European Union-led forces in transit within the territory of the Republic of Cameroon
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 25 September 2007, the United Nations Security Council adopted Resolution 1778 (2007) authorising, in particular, the European Union to deploy in Chad and the Central African Republic, for a period of one year from the date on which its initial operating capability is declared, an operation aimed at fulfilling the mandate laid down in that Resolution.

               (2)

               Resolution 1778 (2007) also urges all the Member States of the United Nations, particularly the States bordering Chad and the Central African Republic, to facilitate the delivery to Chad and the Central African Republic freely, without obstacles or delay of all personnel, equipment, provisions, supplies and other goods, intended for the European Union operation.

               (3)

               On 15 October 2007, the Council adopted Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic (1) (EUFOR Tchad/RCA).

               (4)

               A significant part of EUFOR Tchad/RCA will transit the territory of the Republic of Cameroon.

               (5)

               Following authorisation by the Council on 18 September 2007, in accordance with Article 24 of the Treaty, the Presidency, assisted by the Secretary-General/High Representative (SG/HR), negotiated an Agreement between the European Union and the Republic of Cameroon on the status of the European Union-led forces in transit within the territory of the Republic of Cameroon.

               (6)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Cameroon on the status of the European Union-led forces in transit within the territory of the Republic of Cameroon is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 January 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 279, 23.10.2007, p. 21.
    ---documentbreak---

               1.3.2008

               EN

               Official Journal of the European Union

               L 57/31

         AGREEMENT
   between the European Union and the Republic of Cameroon on the status of the European Union-led Forces in transit within the territory of the Republic of Cameroon
   THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
   of the one part, and
   THE REPUBLIC OF CAMEROON, hereinafter referred to as ‘the Transit State’,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   TAKING INTO ACCOUNT:

               —

               United Nations Security Council Resolution 1778 (2007) of 25 September 2007,

               —

               Council Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA),

               —

               the fact that this Agreement will not affect the Parties' rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   The aim of this Agreement is to define the arrangements for the transit through the territory of the Republic of Cameroon of EUFOR personnel and material intended for Chad and the CAR.
   2.   This Agreement shall apply to the European Union-led Forces and to their personnel.
   3.   This Agreement shall apply only within the territory of the Transit State.
   4.   For the purpose of this Agreement:

               (a)

               ‘European Union-led Forces’ (EUFOR) shall mean EU military headquarters and national contingents contributing to the operation, their equipment and their means of transport;

               (b)

               ‘operation’ shall mean the preparation, establishment, execution and support of the military mission further to the mandate arising out of United Nations Security Council Resolution 1778 (2007) of 25 September 2007;

               (c)

               ‘EU Force Commander’ shall mean the Commander in the theatre of operations;

               (d)

               ‘EU military headquarters’ shall mean the military headquarters and elements thereof, whatever their location, under the authority of EU military commanders exercising the military command or control of the operation;

               (e)

               ‘national contingents’ shall mean units and elements belonging to the Member States of the EU and to other States participating in the operation;

               (f)

               ‘EUFOR personnel’ shall mean the civilian and military personnel assigned to EUFOR as well as personnel deployed for the preparation of the operation and personnel on mission for a Sending State or an EU institution in the framework of the operation, present, except as otherwise provided in this Agreement, within the territory of the Transit State, with the exception of personnel employed locally and personnel employed by international commercial contractors;

               (g)

               ‘personnel employed locally’ shall mean personnel who are nationals of or permanently resident in the Transit State;

               (h)

               ‘facilities’ shall mean all premises, accommodation and land required for EUFOR and EUFOR personnel;

               (i)

               ‘Sending State’ shall mean a State providing a national contingent for EUFOR.

         Article 2
   General provisions
   1.   EUFOR and EUFOR personnel shall respect the laws and regulations of the Transit State and shall refrain from any action or activity incompatible with the objectives of this Agreement.
   2.   EUFOR must regularly inform the Government of the Transit State of the number and identity of EUFOR personnel located within the Transit State's territory.
   Article 3
   Identification
   1.   EUFOR personnel must carry passports or military identity cards with them at all times.
   2.   EUFOR vehicles, aircraft, vessels and other means of transport shall carry distinctive EUFOR identification markings and/or registration plates, of which the relevant Transit State authorities shall be notified.
   3.   EUFOR shall have the right to display the flag of the EU and markings, such as military insignia, titles and official symbols, on its facilities, vehicles and other means of transport. The uniforms of EUFOR personnel shall carry a distinctive EUFOR emblem. National flags or insignia of the constituent national contingents taking part in the operation may be displayed on EUFOR facilities, vehicles and other means of transport and uniforms, as decided by the EU Force Commander.
   Article 4
   Border crossing and movement within the Transit State's territory
   1.   EUFOR personnel shall enter the Transit State's territory only on presentation of the documents provided for in Article 3(1) and, in the case of first entry, of an individual or collective movement order issued by EUFOR. They shall not be subject to visa regulations. They shall be exempt from emigration and immigration inspections and customs control on entering or leaving or when within the Transit State's territory.
   2.   EUFOR personnel shall be exempt from the Transit State's regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Transit State's territory.
   3.   The list of EUFOR assets and means of transport entering the Transit State's territory in support of the operation shall be communicated to the Transit State by way of information. Such assets and means of transport shall bear the distinctive EUFOR emblem to enable their rapid identification. The Transit State shall facilitate administrative and customs formalities for EUFOR. EUFOR shall be exempt from producing any other customs document and from undergoing any kind of inspection.
   4.   EUFOR personnel may drive motor vehicles, navigate vessels and operate aircraft within the Transit State's territory provided they have valid national, international or military driving licences, ship master's certificates or pilot's licences, as appropriate.
   5.   For the purpose of the operation, the Transit State shall grant EUFOR and EUFOR personnel freedom of movement and freedom to travel within its territory via the transit corridors defined in the arrangements laid down in Article 18, including its territorial sea and its air space. Freedom of movement within the territorial sea of the Transit State shall include stopping and anchoring under any circumstances.
   6.   For the purpose of the operation, EUFOR may use roads, bridges, ferries, airports and ports without the payment of duties, fees, taxes and similar charges. EUFOR shall not be exempt from weighing fees, road tolls or port data processing fees, the terms of payment for which shall be defined in the arrangements laid down in Article 18.
   Article 5
   Privileges and immunities of EUFOR granted by the Transit State
   1.   EUFOR's facilities shall be inviolable. The Transit State's agents shall not enter them without the consent of the EU Force Commander.
   2.   EUFOR's facilities, their furnishings and other assets therein as well as its means of transport shall be immune from search, requisition, attachment or execution.
   3.   EUFOR shall not harbour any persons sought by the Transit State's judicial authorities.
   4.   EUFOR, its property and its assets shall enjoy immunity from every form of legal process.
   5.   EUFOR's archives and documents shall be inviolable.
   6.   EUFOR's official correspondence shall be inviolable. ‘Official correspondence’ shall mean all correspondence relating to the operation and its functions.
   7.   In respect of purchased and imported goods, services provided and facilities used by EUFOR for the purposes of the operation, EUFOR, as well as its providers or contractors, insofar as the latter are not nationals of the Transit State, shall be exempt from all national, regional and communal dues, taxes and other charges of a similar nature.
   8.   The Transit State shall permit the entry of articles for the operation and grant them exemption from all custom duties, fees, taxes, except for the port data processing fees referred to in Article 4(6), and similar charges other than charges for storage, cartage and other services rendered.
   Article 6
   Privileges and immunities of EUFOR personnel granted by the Transit State
   1.   EUFOR personnel shall not be liable to any form of arrest or detention.
   2.   Papers, correspondence and property of EUFOR personnel shall enjoy inviolability, except in the event of measures of execution which are permitted pursuant to paragraph 6.
   3.   EUFOR personnel shall enjoy immunity from the criminal jurisdiction of the Transit State.
   The immunity from criminal jurisdiction of EUFOR personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be express.
   4.   EUFOR personnel shall enjoy immunity from the civil and administrative jurisdiction of the Transit State in respect of acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EUFOR personnel before any Transit State court, the EU Force Commander and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the EU Force Commander and the competent authority of the Sending State or EU institution shall certify, after receiving the formal advisory opinion of the Transit State's competent authorities, whether the act in question was committed by EUFOR personnel in the exercise of their official functions.
   If the act was committed in the exercise of their official functions, the proceeding shall not be initiated and the provisions of Article 15 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the EU Force Commander and the competent authority of the Sending State or EU institution shall be binding upon the jurisdiction of the Transit State, which may not contest it.
   The initiation of proceedings by EUFOR personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
   5.   EUFOR personnel shall not be obliged to give evidence as witnesses.
   6.   No measures of execution may be taken in respect of EUFOR personnel, except where a civil proceeding not related to their official functions is instituted against them. Property of EUFOR personnel, which is certified by the EU Force Commander to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings EUFOR personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   7.   The immunity of EUFOR personnel from the jurisdiction in the Transit State shall not exempt them from the jurisdictions of the respective Sending States.
   8.   EUFOR personnel shall with respect to services rendered for EUFOR be exempt from social security provisions which may be in force in the Transit State.
   9.   EUFOR personnel shall be exempt from any form of taxation in the Transit State on the salary and emoluments paid to them by EUFOR or the Sending States, as well as on any income received from outside the Transit State.
   10.   The Transit State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on articles for the personal use of EUFOR personnel.
   The personal baggage of EUFOR personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of EUFOR personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Transit State. Such inspection shall be conducted only in the presence of the concerned EUFOR personnel or of an authorised representative of EUFOR.
   Article 7
   Personnel employed locally
   Personnel recruited locally shall not enjoy any privileges or immunities. However, the Transit State shall exercise its jurisdiction in such a manner as not to interfere unduly with the performance of the functions of the operation.
   Article 8
   Criminal jurisdiction
   The competent authorities of a Sending State shall have the right to exercise on the territory of the Transit State, in cooperation with the competent authorities of the latter, all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all EUFOR personnel subject to the relevant law of the Sending State.
   Article 9
   Uniform and arms
   1.   The wearing of uniform shall be subject to rules adopted by the EU Force Commander.
   2.   EUFOR military personnel may carry individual small-calibre arms and corresponding ammunition on condition that they are authorised to do so by their orders. The list of such arms and their holders shall be communicated to the Transit State's competent authorities.
   Article 10
   Transit State support and contracting
   1.   The Transit State agrees, if requested, to assist EUFOR in finding suitable facilities.
   2.   The Transit State shall provide, free of charge, any facilities of which it is the owner, insofar as such facilities are required for the conduct of EUFOR'S administrative and operational activities.
   3.   Within its means and capabilities, the Transit State shall assist in the preparation, establishment, and execution of and support for the operation. The security measures taken by the Transit State pursuant to the provisions of Article 13(1) shall be free of charge.
   4.   The law applicable to contracts concluded by EUFOR in the Transit State shall be the lex fori. The dispute settlement procedure referred to in Article 15(3), (4) and (5) shall be applicable to disputes arising from the application of such contracts.
   5.   The Transit State shall facilitate the implementation of contracts concluded by EUFOR with commercial entities for the purposes of the operation.
   Article 11
   Change to facilities
   1.   EUFOR shall be authorised to construct, alter or otherwise modify facilities as needed for its transit requirements and for the duration of the operation, in accordance with the procedures specified in the arrangements laid down in Article 18.
   2.   No compensation shall be requested from EUFOR by the Transit State for those constructions, alterations or modifications, except in the case of significant damage to the initial facilities.
   Article 12
   Deceased EUFOR personnel
   1.   The EU Force Commander shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUFOR personnel, as well as that of their personal property.
   2.   No autopsy shall be performed on any deceased member of EUFOR without the agreement of the State concerned and the presence of a representative of EUFOR and/or the State concerned.
   3.   The Transit State and EUFOR shall cooperate to the fullest extent possible with a view to the early repatriation of deceased EUFOR personnel.
   Article 13
   Security of EUFOR and military police
   1.   The Transit State shall take all appropriate measures to ensure the safety and security of EUFOR and its personnel.
   2.   EUFOR shall be authorised to take the measures necessary to protect its facilities and convoys in close cooperation with the competent authorities of the Transit State.
   3.   National contingents may use criminal police personnel in order to conduct the investigations necessary for the exercise of the criminal jurisdiction powers referred to in Article 8.
   Article 14
   Communications
   1.   EUFOR may instal and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the competent authorities of the Transit State with a view to avoiding conflicts in the use of appropriate frequencies. Access to the frequency spectrum shall be granted in accordance with the legislation in force in the Transit State.
   2.   EUFOR shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to instal the equipment necessary for the maintenance of such communications within and between EUFOR facilities.
   3.   Within its own facilities EUFOR may make the arrangements necessary for the conveyance of mail addressed to and from EUFOR and/or EUFOR personnel.
   Article 15
   Claims for death, injury, damage and loss
   1.   Claims for damage to or loss of civilian or government property, as well as claims for death of or injury to persons and for damage to or loss of EUFOR property which is related to EUFOR's transit necessities, shall be settled amicably.
   2.   Such claims shall be forwarded to EUFOR via the competent authorities of the Transit State, as far as claims brought by legal or natural persons from the Transit State are concerned, or to the competent authorities of the Transit State, as far as claims brought by EUFOR are concerned.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUFOR and representatives of the Transit State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall be submitted to an arbitration tribunal, the decisions of which shall be binding.
   5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Transit State, one by EUFOR and the third jointly by the Transit State and EUFOR. Where one of the parties fails to appoint an arbitrator within two months or where no agreement can be found between the Transit State and EUFOR on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Communities.
   6.   An administrative arrangement shall be concluded between EUFOR and the administrative authorities of the Transit State in order to determine the terms of reference of the claims commission and the tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.
   Article 16
   Liaison and disputes
   1.   All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of EUFOR and the Transit State's competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Transit State and EU representatives.
   Article 17
   Other provisions
   1.   Whenever this Agreement refers to the privileges, immunities and rights of EUFOR and of EUFOR personnel, the Government of the Transit State shall be responsible for their implementation and for compliance with them on the part of the appropriate Transit State local authorities.
   2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to an EU Member State or to any other State contributing to EUFOR under other agreements.
   Article 18
   Implementing arrangements
   For purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the EU Force Commander and the Transit State's administrative authorities.
   Article 19
   Entry into force and termination
   1.   This Agreement shall enter into force on the day on which it is signed and shall remain in force until the date of departure of the last EUFOR personnel, as notified to the Transit State's authorities by EUFOR.
   2.   Notwithstanding paragraph 1, the provisions laid down in Article 4(6), Article 5(1), (2), (4), (7) and (8), Article 6(1), (3), (4), (6), and (8) to (10), Article 10(2), Article 11, Article 13(1), (2) and (3) and Article 15 shall be deemed to have applied from the date on which the first EUFOR personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
   3.   This Agreement may be amended by written agreement between the Parties.
   4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at Yaoundé on, in four originals in the French and English languages, both texts being equally authentic.

            For the European Union

            For the Republic of Cameroon


title: 2012/108/EU: Council Decision of 14 December 2011 on the signing, on behalf of the Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials

text:
                  29.2.2012

                  EN

                  Official Journal of the European Union

                  L 57/52

         COUNCIL DECISION
         of 14 December 2011
         on the signing, on behalf of the Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials
         (2012/108/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     In view of the economic importance for the Union of access to raw materials and the importance that the Russian Federation has for the Union as a supplier of raw materials, the Commission has negotiated with the Russian Federation commitments by the latter to reduce or eliminate its currently applied export duties.

                     (2)

                     These commitments, which are to be included in the Protocol of Accession of the Russian Federation to the World Trade Organization (WTO), do not cover raw materials for which the Russian Federation does not currently apply export duties.

                     (3)

                     In order to reduce the risk of new export duties being introduced by the Russian Federation in the future, and the resulting effect on the supply of raw materials, the Commission has negotiated, on behalf of the Union, with the Russian Federation an Agreement in the form of an Exchange of Letters relating to the introduction or increase of export duties on raw materials (‘the Agreement’).

                     (4)

                     The Agreement should be signed.

                     (5)

                     In view of the need to ensure that the commitments of the Russian Federation regarding new export duties on raw materials apply as from the date of accession of the Russian Federation to the WTO, the Agreement should be applied on a provisional basis from that date, pending the completion of the procedures for its conclusion,

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials, is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.
            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 on behalf of the Union.

            Article 3
            In accordance with the provisions of the Agreement, it shall be applied on a provisional basis as from the date of accession of the Russian Federation to the WTO, pending the completion of the procedures for the conclusion of the Agreement (1).

            Article 4
            This Decision shall enter into force on the date of its adoption.

            Done at Geneva, 14 December 2011.

                  For the Council

                  The President

               M. NOGAJ

            (1)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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32002D0669

2002/669/EC: Commission Decision of 5 August 2002 amending Decision 2000/137/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and the Ukraine, and withdrawing an undertaking

Official Journal L 228 , 24/08/2002 P. 0020 - 0021

Commission Decisionof 5 August 2002amending Decision 2000/137/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and the Ukraine, and withdrawing an undertaking(2002/669/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 8 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) On 19 November 1998, an anti-dumping proceeding was initiated by the Commission on imports of certain seamless pipes and tubes of iron or non-alloy steel(3) originating, inter alia, in Ukraine.(2) This proceeding resulted in an anti-dumping duty being imposed by Council Regulation (EC) No 348/2000(4) in February 2000 in order to eliminate the injurious effects of dumping.(3) In parallel, by Decision No 2000/137/EC(5), the Commission accepted a joint price undertaking up to a certain volume threshold from three Ukrainian exporters, Dnepropetrovsk Tube Works (DTW), Nikopol Pivdennotrubny Works (transferred later to Nikopolsky Seamless Tube Plant, Niko Tube(6)) and Nizhnedneprovsky Tube Rolling Plant (NTRP), whose products were exempted from the anti-dumping duty by Article 2(1) of Regulation (EC) No 348/2000.B. VOLUNTARY WITHDRAWAL OF THE JOINT UNDERTAKING(4) DTW, Niko Tube and NTRP advised the Commission that they wished to withdraw this joint undertaking. Accordingly, the names of DTW, Niko Tube and NTRP, should be deleted from the list of companies whose products are exempted from the anti-dumping duty pursuant to Article 1 of Decision 2000/137/EC.(5) In parallel to this Decision, the Council, by Regulation (EC) No 1515/2002(7) has also removed the exemption from the anti-dumping duty granted to DTW, Niko Tube and NTRP, respectively, by amending Article 2 of Regulation (EC) No 348/2000,HAS ADOPTED THIS DECISION:Article 1The joint undertaking accepted from Dnepropetrovsk Tube Works, Nikopol Pivdennotrubny Works (transferred later to Nikopolsky Seamless Tube Plant, "Niko Tube") and Nizhnedneprovsky Tube Rolling Plant (NTRP) is hereby withdrawn.Article 2The table in Article 1 of Decision No 2000/137/EC is replaced by the following table: ">TABLE>"Article 3This Decision shall be applicable from the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 5 August 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ C 353, 19.11.1998, p. 13.(4) OJ L 45, 17.2.2000, p. 1.(5) OJ L 46, 18.2.2000, p. 34.(6) OJ C 198, 13.7.2001, p. 2.(7) See page 8 of this Official Journal.


title: 2006/884/EC: Commission Decision of 6 December 2006 on determining the Community position for a Decision of the Joint Committee established under the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment, adopting its Rules of Procedure

text:
               7.12.2006

               EN

               Official Journal of the European Union

               L 341/39

      COMMISSION DECISION

   of 6 December 2006
   on determining the Community position for a Decision of the Joint Committee established under the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment, adopting its Rules of Procedure
   (2006/884/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 2004/425/EC (1) of 21 April 2004 on the conclusion of an Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment (hereinafter the Agreement), and in particular Article 3(2) thereof,
   Whereas:

               (1)

               The Commission has, in view of adopting the Community position, consulted the special committee designated by the Council.

               (2)

               Article 7(2) of the Agreement states that the Joint Committee, established under Article 7 of the Agreement, shall determine its own Rules of Procedure,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The position to be adopted by the European Community for a decision by the Joint Committee, set up under Article 7 of the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment, adopting its Rules of Procedure, shall be based on the draft Joint Committee decision annexed to this Decision.

      Done at Brussels, 6 December 2006.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 150, 30.4.2004, p. 42.

      ANNEX
      ‘
            DRAFT
            DECISION No …/… OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
            on the Mutual Recognition of Certificates of Conformity for Marine Equipment adopting its Rules of Procedure
            THE JOINT COMMITTEE,
            Having regard to the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment, and in particular Article 7 thereof,
            Whereas Article 7(2) of the Agreement provides that the Joint Committee shall determine its own rules of procedure,
            HAS ADOPTED THIS DECISION:

                        1.

                        The Rules of Procedure for the Joint Committee, as specified in the Attachment to this Decision, are hereby adopted.

               This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the latter of these signatures.
               Signed in Washington on

                     On behalf of the United States of America

               Signed in Brussels on

                     On behalf of the European Community

            ANNEX

               RULES OF PROCEDURE FOR THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
               on the Mutual Recognition of Certificates of Conformity for Marine Equipment
               Article 1
               Chairmanship
               The Joint Committee shall be chaired jointly by a representative of the European Community and a representative of the United States.
               Article 2
               Meetings
               1.   The Joint Committee shall meet at regular intervals at least once a year at a mutually agreeable time. If additional meetings are deemed necessary by a Party, the other Party shall accommodate the request for a meeting to the maximum extent possible.
               2.   The Parties shall take turns in hosting the meeting unless otherwise agreed. Teleconferencing or videoconferencing may be used if the Parties so agree.
               3.   The Co-Chairs shall convene meetings of the Joint Committee.
               4.   The Co-Chairs shall establish a date for the meeting and exchange such documents as necessary in time to ensure adequate preparation, if possible, three weeks prior to the meeting.
               5.   The Party hosting a meeting, or requesting a videoconference or teleconference, shall be responsible for logistical arrangements.
               Article 3
               Delegations
               The Parties shall notify each other at least one week before a meeting of the intended composition of their delegations.
               Article 4
               Agenda for the meetings
               1.   The Co-Chairs shall draw up provisional agenda for each meeting no later than 14 days before the meeting. The provisional agenda shall include the items for which a request for inclusion in the agenda has been received by either of the Co-Chairs no later than 14 days before the meeting.
               2.   Either Party may add items to the provisional agenda at any time prior to the meeting if the other Party agrees. If possible, a Party shall make a request to add items to the provisional agenda in writing to the other Party. Such requests shall be accommodated to the extent possible.
               3.   The Co-Chairs shall adopt the final agenda at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the Parties agree and shall be accommodated to the extent possible.
               Article 5
               Records of meetings
               1.   The Co-Chair of the host Party shall prepare a draft of the record of each meeting as soon as possible.
               2.   The record shall, as a general rule, indicate in respect of each item on the agenda:

                           (a)

                           documentation submitted to the Joint Committee;

                           (b)

                           statements that a Party has requested to be entered; and

                           (c)

                           decisions taken and the conclusions adopted on a specific item.

                     3.   The record shall also indicate the individuals of the respective delegations participating, as well as the ministry or agency that each represents.
               4.   The Co-Chairs shall approve the record.
               Article 6
               Joint Committee Decisions
               1.   The Joint Committee shall take decisions by unanimity.
               2.   The Joint Committee may adopt a decision by written procedure at times other than formal Joint Committee meetings.
               3.   Decisions of the Joint Committee shall be entitled “Decisions” followed by a serial number, and by a description of their subject. The date the decision takes effect shall also be indicated. Decisions shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties. Decisions shall be drawn up in duplicate, each version being equally authentic.
               Article 7
               Consultation of experts
               The Committee may consult experts on particular issues if the Parties agree.
               Article 8
               Expenses
               1.   Each Party shall be responsible for the expenses it incurs by reason of its participation in the meetings of the Joint Committee, including staff, travel and subsistence expenditure and postal or telecommunications expenditure.
               2.   The host Party shall generally cover other expenses arising from the organisation of the meetings.
               Article 9
               Administrative procedures
               1.   Unless the Parties decide otherwise, the meetings of the Joint Committee shall not be open to the public.
               2.   Records and other documents of the Joint Committee shall be considered to be information exchanged under Article 17 of the Agreement for purposes of confidentiality.
               3.   Participants other than officials of the Parties may be invited, if the Co-Chairs agree, and shall also be subject to Article 17 of the Agreement.
               4.   The Parties may organise public briefings or otherwise inform interested members of the public of the results of the Joint Committee meetings.

         ’