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41992D0074

92/74/EEC, Euratom, ECSC: Decision of the representatives of the Governments of the Member States of the European Communities of 29 January 1992 appointing a Judge to the Court of Justice

Official Journal L 030 , 06/02/1992 P. 0022 - 0022 Finnish special edition: Chapter 1 Volume 2 P. 0164  Swedish special edition: Chapter 1 Volume 2 P. 0164

DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER  STATES OF THE EUROPEAN COMMUNITIES   of 29 January 1992   appointing a Judge to the Court of  Justice   (92/74/EEC, Euratom, ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE  MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 32b thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular  Article 167 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 139 thereof,  Whereas, in letters dated 14 December 1991 and 14 January 1992 addressed to the President of the  Court and forwarded to the President of the Council, Sir Gordon Slynn, Judge at the Court of  Justice of the European Communities, tendered his resignation with effect from 10 March 1992;  Whereas, pursuant to Article 8 of the Protocol on the Statute of the Court of Justice of the  European Coal and Steel Community, to Article 7 of the Protocol on the Statute of the Court of  Justice of the European Economic Community and to Article 7 of the Protocol on the Statute of the  Court of Justice of the European Atomic Energy Community, a Judge should be appointed for the  remaining period of Sir Gordon Slynn's term of office,  HAVE DECIDED AS FOLLOWS: Article 1 Mr David A.O. Edward is hereby appointed  Judge to the Court of Justice until 6 October 1994 inclusive. Article 2 This Decision shall enter  into effect on 10 March 1992. Done at Brussels, 29 January 1992. The President   J.  C. PAULOURO das NEVES


title: Council Decision 2005/191/CFSP of 18 October 2004 concerning the conclusion of agreements between the European Union and the Republic of Iceland, the Kingdom of Norway and Romania establishing a framework for the participation of the Republic of Iceland, the Kingdom of Norway and Romania in the European Union crisis-management operations

text:
               14.3.2005

               EN

               Official Journal of the European Union

               L 67/1

         COUNCIL DECISION 2005/191/CFSP
   of 18 October 2004
   concerning the conclusion of agreements between the European Union and the Republic of Iceland, the Kingdom of Norway and Romania establishing a framework for the participation of the Republic of Iceland, the Kingdom of Norway and Romania in the European Union crisis-management operations
   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)

               Conditions regarding the participation of third States in EU crisis-management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.

               (2)

               Following authorisation by the Council on 23 February 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated Agreements between the European Union and the Republic of Iceland, the Kingdom of Norway and Romania establishing a framework for the participation of the Republic of Iceland, the Kingdom of Norway and Romania in the European Union crisis-management operations.

               (3)

               The Agreements should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreements between the European Union and the Republic of Iceland, the Kingdom of Norway and Romania establishing a framework for the participation of the Republic of Iceland, the Kingdom of Norway and Romania in the European Union crisis-management operations are hereby approved on behalf of the European Union.
   The texts of the Agreements are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreements 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 Luxembourg, 18 October 2004.

            For the Council

            The President

         C. VEERMAN

   AGREEMENT
   between the European Union and the Republic of Iceland establishing a framework for the participation of the Republic of Iceland in the European Union crisis-management
   THE EUROPEAN UNION,
   of the one part, and
   THE REPUBLIC OF ICELAND,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   Whereas:

               (1)

               The European Union (EU) may decide to take action in the field of crisis management.

               (2)

               The European Union will decide whether third States will be invited to participate in an EU crisis-management operation. The Republic of Iceland may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of the proposed contribution of the Republic of Iceland.

               (3)

               If the European Union decides to undertake a military crisis-management operation with recourse to NATO assets and capabilities, the Republic of Iceland may express its intention in principle of taking part in the operation.

               (4)

               The European Council at Brussels on 24 and 25 October 2002 agreed modalities for implementation of the provisions agreed by the Nice European Council on 7 to 9 December 2000 on the involvement of the non-EU European NATO members in EU-led crisis management.

               (5)

               Conditions regarding the participation of the Republic of Iceland in EU crisis-management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.

               (6)

               Such an Agreement should be without prejudice to the decision-making autonomy of the European Union, and should not prejudge the case-by-case nature of the decisions of the Republic of Iceland to participate in an EU crisis-management operation.

               (7)

               Such an Agreement should only address future EU crisis-management operations and should be without prejudice to possible existing agreements regulating the participation of the Republic of Iceland in an already deployed EU crisis-management operation,

         HAVE AGREED AS FOLLOWS:
   SECTION I
   GENERAL PROVISIONS
   Article 1
   Decisions relating to the participation
   1.   Following the decision of the European Union to invite the Republic of Iceland to participate in an EU crisis-management operation, and once the Republic of Iceland has decided to participate, the Republic of Iceland shall provide information on its proposed contribution to the European Union.
   2.   Where the European Union has decided to undertake a military crisis-management operation with recourse to NATO assets and capabilities, the Republic of Iceland will inform the European Union of any intention to participate in the operation, and subsequently provide information on any proposed contribution.
   3.   The assessment by the European Union of the Republic of Iceland's contribution shall be conducted in consultation with the Republic of Iceland.
   4.   The European Union will provide the Republic of Iceland with an early indication of likely contribution to the common costs of the operation as soon as possible with a view to assisting the Republic of Iceland in the formulation of its offer.
   5.   The European Union shall communicate the outcome of the assessment to the Republic of Iceland by letter with a view to securing the participation of the Republic of Iceland in accordance with the provisions of this Agreement.
   Article 2
   Framework
   1.   The Republic of Iceland shall associate itself with the Joint Action by which the Council of the European Union decides that the EU will conduct the crisis-management operation, and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU crisis-management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Republic of Iceland to an EU crisis-management operation is without prejudice to the decision-making autonomy of the European Union.
   Article 3
   Status of personnel and forces
   1.   The status of personnel seconded to an EU civilian crisis-management operation and/or of the forces contributed to an EU military crisis-management operation by the Republic of Iceland shall be governed by the agreement on the status of forces/mission, if available, concluded between the European Union and the State(s) in which the operation is conducted.
   2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis-management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Iceland.
   3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the Republic of Iceland shall exercise jurisdiction over its personnel participating in the EU crisis-management operation.
   4.   The Republic of Iceland shall be responsible for answering any claims linked to participation in an EU crisis-management operation, from or concerning any of its personnel. The Republic of Iceland shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.
   5.   The Republic of Iceland undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis-management operation in which the Republic of Iceland participates, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   6.   European Union Member States undertake to make a declaration as regards the waiver of claims, for any future participation of the Republic of Iceland in an EU crisis-management operation, and to do so upon signature of this Agreement. A model for such a declaration is annexed to this Agreement.
   Article 4
   Classified information
   1.   The Republic of Iceland shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (1), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis-management operation or by the EU Head of Mission concerning an EU civilian crisis-management operation.
   2.   Where the EU and the Republic of Iceland have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of an EU crisis-management operation.
   SECTION II
   PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS-MANAGEMENT OPERATIONS
   Article 5
   Personnel seconded to an EU civilian crisis-management operation
   1.   The Republic of Iceland shall ensure that its personnel seconded to the EU civilian crisis-management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement,

               —

               the operation plan,

               —

               implementing measures.

         2.   The Republic of Iceland shall inform in due time the EU civilian crisis-management operation Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to the EU civilian crisis-management operation.
   3.   Personnel seconded to the EU civilian crisis-management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Republic of Iceland. Personnel seconded to the EU civilian crisis-management operation shall produce a copy of this certification.
   Article 6
   Chain of command
   1.   Personnel seconded by the Republic of Iceland shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis-management operation in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer operational control to the EU civilian crisis-management operation Head of Mission, who shall exercise that command through a hierarchical structure of command and control.
   4.   The Head of Mission shall lead the EU civilian crisis-management operation and assume its day-to-day management.
   5.   The Republic of Iceland shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1) of this Agreement.
   6.   The EU civilian crisis-management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis-management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   7.   A national contingent point of contact (NPC) shall be appointed by the Republic of Iceland to represent its national contingent in the operation. The NPC shall report to the EU civilian crisis-management operation Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   8.   The decision to end the operation shall be taken by the European Union, following consultation with the Republic of Iceland, provided that the Republic of Iceland is still contributing to the EU civilian crisis-management operation at the date of termination of the operation.
   Article 7
   Financial aspects
   1.   The Republic of Iceland shall assume all the costs associated with its participation in the operation apart from the costs, which are subject to common funding, as set out in the operational budget of the operation. This shall be without prejudice to Article 8.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Iceland shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of mission, if available, as referred to in Article 3(1) of this Agreement.
   Article 8
   Contribution to operational budget
   1.   The Republic of Iceland shall contribute to the financing of the operational budget of the EU civilian crisis-management operation.
   2.   The financial contribution of the Republic of Iceland to the operational budget shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the operational budget of the operation;
               or

               (b)

               that share of the reference amount for the operational budget which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         3.   Notwithstanding paragraphs 1 and 2, the Republic of Iceland shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.
   4.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to a particular EU civilian crisis-management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution which is essential for this operation;
               or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         5.   An arrangement on the practical modalities of the payment shall be signed between the EU civilian crisis-management operation Head of Mission and the relevant administrative services of the Republic of Iceland on the contributions of the Republic of Iceland to the operational budget of the EU civilian crisis-management operation. This arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION III
   PROVISIONS ON PARTICIPATION IN MILITARY CRISIS-MANAGEMENT OPERATIONS
   Article 9
   Participation in the EU military crisis-management operation
   1.   The Republic of Iceland shall ensure that its forces and personnel participating in the EU military crisis-management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement,

               —

               the operation plan,

               —

               implementing measures.

         2.   Personnel seconded by the Republic of Iceland shall carry out their duties and conduct themselves solely with the interest of the EU military crisis-management operation in mind.
   3.   The Republic of Iceland shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 10
   Chain of command
   1.   All forces and personnel participating in the EU military crisis-management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his/her authority.
   3.   The Republic of Iceland shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the Republic of Iceland, at any time request the withdrawal of the Republic of Iceland's contribution.
   5.   A senior representative (SR) shall be appointed by the Republic of Iceland to represent its national contingent in the EU military crisis-management operation. The SR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 11
   Financial aspects
   1.   Without prejudice to Article 12, the Republic of Iceland shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (2).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Iceland shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of forces, if available, as referred to in Article 3(1) of this Agreement.
   Article 12
   Contribution to the common costs
   1.   The Republic of Iceland shall contribute to the financing of the common costs of the EU military crisis-management operation.
   2.   The financial contribution of the Republic of Iceland to the common costs shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount for the common costs which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the common costs of the operation;
               or

               (b)

               that share of the reference amount for the common costs which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         In calculating 2(b), where the Republic of Iceland contributes personnel only to the operation or force headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. Otherwise, the ratio shall be that of all personnel contributed by the Republic of Iceland to that of the total personnel of the operation.
   3.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis-management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution to assets and/or capabilities which are essential for this operation;
               or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         4.   An arrangement shall be concluded between the Administrator provided for in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications, and the competent administrative authorities of the Republic of Iceland. This arrangement shall include, inter alia, provisions on:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION IV
   FINAL PROVISIONS
   Article 13
   Arrangements to implement the Agreement
   Without prejudice to the provisions of Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, and the appropriate authorities of the Republic of Iceland.
   Article 14
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 15
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 16
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall be subject to review not later than 1 June 2008, and subsequently at least every three years.
   4.   This Agreement may be amended on the basis of mutual written agreement between the Parties.
   5.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Brussels, 21 February 2005, in the English language in four copies.

            For the European Union

            For the Republic of Iceland

      (1)  OJ L 101, 11.4.2001, p. 1.

      (2)  OJ L 63, 28.2.2004, p. 68.
   ANNEX
   DECLARATIONS
   DECLARATION BY THE EU MEMBER STATES
   The EU Member States applying an EU Joint Action on an EU crisis-management operation in which the Republic of Iceland participates will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against the Republic of Iceland for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis-management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Republic of Iceland in the execution of their duties in connection with the EU crisis-management operation, except in case of gross negligence or wilful misconduct,
               or

               —

               arose from the use of any assets owned by the Republic of Iceland, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis-management operation personnel from the Republic of Iceland using those assets.

         DECLARATION BY THE REPUBLIC OF ICELAND
   The Republic of Iceland applying an EU Joint Action on an EU crisis-management operation will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis-management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis-management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis-management operation, except in case of gross negligence or wilful misconduct,
               or

               —

               arose from the use of any assets owned by States participating in the EU crisis-management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis-management operation personnel using those assets.

         AGREEMENT
   between the European Union and the Kingdom of Norway establishing a framework for the participation of the Kingdom of Norway in the European Union crisis-management operations
   THE EUROPEAN UNION,
   of the one part, and
   THE KINGDOM OF NORWAY,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   Whereas:

               (1)

               The European Union (EU) may decide to take action in the field of crisis management.

               (2)

               The European Union will decide whether third States will be invited to participate in an EU crisis-management operation. The Kingdom of Norway may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of the proposed contribution of the Kingdom of Norway.

               (3)

               If the European Union decides to undertake a military crisis-management operation with recourse to NATO assets and capabilities, the Kingdom of Norway may express its intention in principle of taking part in the operation.

               (4)

               The European Council at Brussels on 24 and 25 October 2002 has agreed modalities for implementation of the provisions agreed by the Nice European Council on 7 to 9 December 2000 on the involvement of the non-EU European NATO members in EU-led crisis management.

               (5)

               Conditions regarding the participation of the Kingdom of Norway in EU crisis-management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.

               (6)

               Such an Agreement should be without prejudice to the decision-making autonomy of the European Union, and should not prejudge the case-by-case nature of the decisions of the Kingdom of Norway to participate in an EU crisis-management operation.

               (7)

               Such an Agreement should only address future EU crisis-management operations and should be without prejudice to possible existing agreements regulating the participation of the Kingdom of Norway in an already deployed EU crisis-management operation,

         HAVE AGREED AS FOLLOWS:
   SECTION I
   GENERAL PROVISIONS
   Article 1
   Decisions relating to the participation
   1.   Following the decision of the European Union to invite the Kingdom of Norway to participate in an EU crisis-management operation, and once the Kingdom of Norway has decided to participate, the Kingdom of Norway shall provide information on its proposed contribution to the European Union.
   2.   Where the European Union has decided to undertake a military crisis-management operation with recourse to NATO assets and capabilities, the Kingdom of Norway will inform the European Union of any intention to participate in the operation, and subsequently provide information on any proposed contribution.
   3.   The assessment by the European Union of the Kingdom of Norway’s contribution shall be conducted in consultation with the Kingdom of Norway.
   4.   The European Union will provide the Kingdom of Norway with an early indication of likely contribution to the common costs of the operation as soon as possible with a view to assisting the Kingdom of Norway in the formulation of its offer.
   5.   The European Union shall communicate the outcome of the assessment to the Kingdom of Norway by letter with a view to securing the participation of the Kingdom of Norway in accordance with the provisions of this Agreement.
   Article 2
   Framework
   1.   The Kingdom of Norway shall associate itself with the Joint Action by which the Council of the European Union decides that the EU will conduct the crisis-management operation, and with any Joint Action or decision by which the Council of the European Union decides to extend the EU crisis-management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Kingdom of Norway to an EU crisis-management operation is without prejudice to the decision-making autonomy of the European Union.
   Article 3
   Status of personnel and forces
   1.   The status of personnel seconded to an EU civilian crisis-management operation and/or of the forces contributed to an EU military crisis-management operation by the Kingdom of Norway shall be governed by the agreement on the status of forces/mission, if available, concluded between the European Union and the State(s) in which the operation is conducted.
   2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis-management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and the Kingdom of Norway.
   3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the Kingdom of Norway shall exercise jurisdiction over its personnel participating in the EU crisis-management operation.
   4.   The Kingdom of Norway shall be responsible for answering any claims linked to participation in an EU crisis-management operation, from or concerning any of its personnel. The Kingdom of Norway shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.
   5.   The Kingdom of Norway undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis-management operation in which the Kingdom of Norway participates, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   6.   European Union Member States undertake to make a declaration as regards the waiver of claims, for any future participation of the Kingdom of Norway in an EU crisis-management operation, and to do so upon signature of this Agreement. A model for such a declaration is annexed to this Agreement.
   Article 4
   Classified information
   1.   The Kingdom of Norway shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (1), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis-management operation or by the EU Head of Mission concerning an EU civilian crisis-management operation.
   2.   Where the EU and the Kingdom of Norway have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of an EU crisis-management operation.
   SECTION II
   PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS-MANAGEMENT OPERATIONS
   Article 5
   Personnel seconded to an EU civilian crisis-management operation
   1.   The Kingdom of Norway shall ensure that its personnel seconded to the EU civilian crisis-management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement,

               —

               the operation plan,

               —

               implementing measures.

         2.   The Kingdom of Norway shall inform in due time the EU civilian crisis-management operation Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to the EU civilian crisis-management operation.
   3.   Personnel seconded to the EU civilian crisis-management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Kingdom of Norway. Personnel seconded to the EU civilian crisis-management operation shall produce a copy of this certification.
   Article 6
   Chain of command
   1.   Personnel seconded by the Kingdom of Norway shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis-management operation in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer operational control to the EU civilian crisis-management operation Head of Mission, who shall exercise that command through a hierarchical structure of command and control.
   4.   The Head of Mission shall lead the EU civilian crisis-management operation and assume its day-to-day management.
   5.   The Kingdom of Norway shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1) of this Agreement.
   6.   The EU civilian crisis-management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis-management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   7.   A national contingent point of contact (NPC) shall be appointed by the Kingdom of Norway to represent its national contingent in the operation. The NPC shall report to the EU civilian crisis-management operation Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   8.   The decision to end the operation shall be taken by the European Union, following consultation with the Kingdom of Norway, provided that the Kingdom of Norway is still contributing to the EU civilian crisis-management operation at the date of termination of the operation.
   Article 7
   Financial aspects
   1.   The Kingdom of Norway shall assume all the costs associated with its participation in the operation apart from the costs, which are subject to common funding, as set out in the operational budget of the operation. This shall be without prejudice to Article 8.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Kingdom of Norway shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of mission, if available, as referred to in Article 3(1) of this Agreement.
   Article 8
   Contribution to operational budget
   1.   The Kingdom of Norway shall contribute to the financing of the operational budget of the EU civilian crisis-management operation.
   2.   The financial contribution of the Kingdom of Norway to the operational budget shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the operational budget of the operation;
               or

               (b)

               that share of the reference amount for the operational budget which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         3.   Notwithstanding paragraphs 1 and 2, the Kingdom of Norway shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.
   4.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to a particular EU civilian crisis-management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution which is essential for this operation;
               or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         5.   An arrangement on the practical modalities of the payment shall be signed between the EU civilian crisis-management operation Head of Mission and the relevant administrative services of the Kingdom of Norway on the contributions of the Kingdom of Norway to the operational budget of the EU civilian crisis-management operation. This arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION III
   PROVISIONS ON PARTICIPATION IN MILITARY CRISIS-MANAGEMENT OPERATIONS
   Article 9
   Participation in the EU military crisis-management operation
   1.   The Kingdom of Norway shall ensure that its forces and personnel participating in the EU military crisis-management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement,

               —

               the operation plan,

               —

               implementing measures.

         2.   Personnel seconded by the Kingdom of Norway shall carry out their duties and conduct themselves solely with the interest of the EU military crisis-management operation in mind.
   3.   The Kingdom of Norway shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 10
   Chain of command
   1.   All forces and personnel participating in the EU military crisis-management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his/her authority.
   3.   The Kingdom of Norway shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the Kingdom of Norway, at any time request the withdrawal of the Kingdom of Norway's contribution.
   5.   A senior military representative (SMR) shall be appointed by the Kingdom of Norway to represent its national contingent in the EU military crisis-management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 11
   Financial aspects
   1.   Without prejudice to Article 12, the Kingdom of Norway shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (2).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Kingdom of Norway shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of forces, if available, as referred to in Article 3(1) of this Agreement.
   Article 12
   Contribution to the common costs
   1.   The Kingdom of Norway shall contribute to the financing of the common costs of the EU military crisis-management operation.
   2.   The financial contribution of the Kingdom of Norway to the common costs shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount for the common costs which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the common costs of the operation;
               or

               (b)

               that share of the reference amount for the common costs which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         In calculating 2(b), where the Kingdom of Norway contributes personnel only to the operation or force headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. Otherwise, the ratio shall be that of all personnel contributed by the Kingdom of Norway to that of the total personnel of the operation.
   3.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis-management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution to assets and/or capabilities which are essential for this operation;
               or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         4.   An arrangement shall be concluded between the Administrator provided for in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications, and the competent administrative authorities of the Kingdom of Norway. This arrangement shall include, inter alia, provisions on:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION IV
   FINAL PROVISIONS
   Article 13
   Arrangements to implement the Agreement
   Without prejudice to the provisions of Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, and the appropriate authorities of the Kingdom of Norway.
   Article 14
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 15
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 16
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall be subject to review not later than 1 June 2008, and subsequently at least every three years.
   4.   This Agreement may be amended on the basis of mutual written agreement between the Parties.
   5.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Brussels, 3 December 2004, in the English language in four copies.

            For the European Union

            For the Kingdom of Norway

      (1)  OJ L 101, 11.4.2001, p. 1.

      (2)  OJ L 63, 28.2.2004, p. 68.
   ANNEX
   DECLARATIONS
   DECLARATION BY THE EU MEMBER STATES
   The EU Member States applying an EU Joint Action on an EU crisis-management operation in which the Kingdom of Norway participates will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against the Kingdom of Norway for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis-management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Kingdom of Norway in the execution of their duties in connection with the EU crisis-management operation, except in case of gross negligence or wilful misconduct,
               or

               —

               arose from the use of any assets owned by the Kingdom of Norway, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis-management operation personnel from the Kingdom of Norway using those assets.

         DECLARATION BY THE KINGDOM OF NORWAY
   The Kingdom of Norway applying an EU Joint Action on an EU crisis-management operation will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis-management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis-management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis-management operation, except in case of gross negligence or wilful misconduct,
               or

               —

               arose from the use of any assets owned by States participating in the EU crisis-management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis-management operation personnel using those assets.

         AGREEMENT
   between the European Union and Romania establishing a framework for the participation of Romania in the European Union crisis-management operations
   THE EUROPEAN UNION,
   of the one part, and
   ROMANIA,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   Whereas:

               (1)

               The European Union (EU) may decide to take action in the field of crisis management.

               (2)

               The European Union will decide whether third States will be invited to participate in an EU crisis-management operation. Romania may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of the proposed contribution of Romania.

               (3)

               If the European Union decides to undertake a military crisis-management operation with recourse to NATO assets and capabilities, Romania may express its intention in principle of taking part in the operation.

               (4)

               The European Council at Brussels on 24 and 25 October 2002 has agreed modalities for implementation of the provisions agreed by the Nice European Council on 7 to 9 December 2000 on the involvement of the non-EU European NATO members in EU-led crisis management.

               (5)

               Conditions regarding the participation of Romania in EU crisis-management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.

               (6)

               Such an Agreement should be without prejudice to the decision-making autonomy of the European Union, and should not prejudge the case-by-case nature of the decisions of Romania to participate in an EU crisis-management operation.

               (7)

               Such an Agreement should only address future EU crisis-management operations and should be without prejudice to possible existing agreements regulating the participation of Romania in an already deployed EU crisis-management operation,

         HAVE AGREED AS FOLLOWS:
   SECTION I
   GENERAL PROVISIONS
   Article 1
   Decisions relating to the participation
   1.   Following the decision of the European Union to invite Romania to participate in an EU crisis-management operation, and once Romania has decided to participate, Romania shall provide information on its proposed contribution to the European Union.
   2.   Where the European Union has decided to undertake a military crisis-management operation with recourse to NATO assets and capabilities, Romania will inform the European Union of any intention to participate in the operation, and subsequently provide information on any proposed contribution.
   3.   The assessment by the European Union of Romania's contribution shall be conducted in consultation with Romania.
   4.   The European Union will provide Romania with an early indication of likely contribution to the common costs of the operation as soon as possible with a view to assisting Romania in the formulation of its offer.
   5.   The European Union shall communicate the outcome of the assessment to Romania by letter with a view to securing the participation of Romania in accordance with the provisions of this Agreement.
   Article 2
   Framework
   1.   Romania shall associate itself with the Joint Action by which the Council of the European Union decides that the EU will conduct the crisis-management operation, and with any Joint Action or decision by which the Council of the European Union decides to extend the EU crisis-management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of Romania to an EU crisis-management operation is without prejudice to the decision-making autonomy of the European Union.
   Article 3
   Status of personnel and forces
   1.   The status of personnel seconded to an EU civilian crisis-management operation and/or of the forces contributed to an EU military crisis-management operation by Romania shall be governed by the agreement on the status of forces/mission, if available, concluded between the European Union and the State(s) in which the operation is conducted.
   2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis-management operation takes place shall be governed by arrangements between the headquarters and command elements concerned and Romania.
   3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, Romania shall exercise jurisdiction over its personnel participating in the EU crisis-management operation.
   4.   Romania shall be responsible for answering any claims linked to participation in an EU crisis-management operation, from or concerning any of its personnel. Romania shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.
   5.   Romania undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis-management operation in which Romania participates, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   6.   European Union Member States undertake to make a declaration as regards the waiver of claims, for any future participation of Romania in an EU crisis-management operation, and to do so upon signature of this Agreement. A model for such a declaration is annexed to this Agreement.
   Article 4
   Classified information
   1.   Romania shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (1), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis-management operation or by the EU Head of Mission concerning an EU civilian crisis-management operation.
   2.   Where the EU and Romania have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of an EU crisis-management operation.
   SECTION II
   PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS-MANAGEMENT OPERATIONS
   Article 5
   Personnel seconded to an EU civilian crisis-management operation
   1.   Romania shall ensure that its personnel seconded to the EU civilian crisis-management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement,

               —

               the operation plan,

               —

               implementing measures.

         2.   Romania shall inform in due time the EU civilian crisis-management operation Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to the EU civilian crisis-management operation.
   3.   Personnel seconded to the EU civilian crisis-management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from Romania. Personnel seconded to the EU civilian crisis-management operation shall produce a copy of this certification.
   Article 6
   Chain of command
   1.   Personnel seconded by Romania shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis-management operation in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer operational control to the EU civilian crisis-management operation Head of Mission, who shall exercise that command through a hierarchical structure of command and control.
   4.   The Head of Mission shall lead the EU civilian crisis-management operation and assume its day-to-day management.
   5.   Romania shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1) of this Agreement.
   6.   The EU civilian crisis-management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis-management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   7.   A national contingent point of contact (NPC) shall be appointed by Romania to represent its national contingent in the operation. The NPC shall report to the EU civilian crisis-management operation Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   8.   The decision to end the operation shall be taken by the European Union, following consultation with Romania, provided that Romania is still contributing to the EU civilian crisis-management operation at the date of termination of the operation.
   Article 7
   Financial aspects
   1.   Romania shall assume all the costs associated with its participation in the operation apart from the costs which are subject to common funding, as set out in the operational budget of the operation. This shall be without prejudice to Article 8.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Romania shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of mission, if available, as referred to in Article 3(1) of this Agreement.
   Article 8
   Contribution to operational budget
   1.   Romania shall contribute to the financing of the operational budget of the EU civilian crisis-management operation.
   2.   The financial contribution of Romania to the operational budget shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the operational budget of the operation;
               or

               (b)

               that share of the reference amount for the operational budget which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         3.   Notwithstanding paragraphs 1 and 2, Romania shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.
   4.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to a particular EU civilian crisis-management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution which is essential for this operation;
               or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         5.   An arrangement on the practical modalities of the payment shall be signed between the EU civilian crisis-management operation Head of Mission and the relevant administrative services of Romania on the contributions of Romania to the operational budget of the EU civilian crisis-management operation. This arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION III
   PROVISIONS ON PARTICIPATION IN MILITARY CRISIS-MANAGEMENT OPERATIONS
   Article 9
   Participation in the EU military crisis-management operation
   1.   Romania shall ensure that its forces and personnel participating in the EU military crisis-management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement,

               —

               the operation plan,

               —

               implementing measures.

         2.   Personnel seconded by Romania shall carry out their duties and conduct themselves solely with the interest of the EU military crisis-management operation in mind.
   3.   Romania shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 10
   Chain of command
   1.   All forces and personnel participating in the EU military crisis-management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his/her authority.
   3.   Romania shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with Romania, at any time request the withdrawal of Romania's contribution.
   5.   A senior military representative (SMR) shall be appointed by Romania to represent its national contingent in the EU military crisis-management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 11
   Financial aspects
   1.   Without prejudice to Article 12, Romania shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (2).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Romania shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of forces, if available, as referred to in Article 3(1) of this Agreement.
   Article 12
   Contribution to the common costs
   1.   Romania shall contribute to the financing of the common costs of the EU military crisis-management operation.
   2.   The financial contribution of Romania to the common costs shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount for the common costs which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the common costs of the operation;
               or

               (b)

               that share of the reference amount for the common costs which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         In calculating 2(b), where Romania contributes personnel only to the operation or force headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. Otherwise, the ratio shall be that of all personnel contributed by Romania to that of the total personnel of the operation.
   3.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis-management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution to assets and/or capabilities which are essential for this operation;
               or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         4.   An arrangement shall be concluded between the Administrator provided for in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications, and the competent administrative authorities of Romania. This arrangement shall include, inter alia, provisions on:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION IV
   FINAL PROVISIONS
   Article 13
   Arrangements to implement the Agreement
   Without prejudice to the provisions of Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, and the competent authorities of Romania.
   Article 14
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 15
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 16
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement may be amended on the basis of mutual written agreement between the Parties.
   3.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Brussels, 22 November 2004, in the English language in four copies.

            For the European Union

            For Romania

      (1)  OJ L 101, 11.4.2001, p. 1.

      (2)  OJ L 63, 28.2.2004, p. 68.
   ANNEX
   DECLARATIONS
   DECLARATION BY THE EU MEMBER STATES
   The EU Member States applying an EU Joint Action on an EU crisis-management operation in which Romania participates will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against Romania for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis-management operation if such injury, death, damage or loss:

               —

               was caused by personnel from Romania in the execution of their duties in connection with the EU crisis-management operation, except in case of gross negligence or wilful misconduct,
               or

               —

               arose from the use of any assets owned by Romania, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis-management operation personnel from Romania using those assets.

         DECLARATION BY ROMANIA
   Romania applying an EU Joint Action on an EU crisis-management operation will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis-management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis-management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis-management operation, except in case of gross negligence or wilful misconduct,
               or

               —

               arose from the use of any assets owned by States participating in the EU crisis-management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis-management operation personnel using those assets.


title: 2012/107/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 Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement

text:
                  29.2.2012

                  EN

                  Official Journal of the European Union

                  L 57/43

         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 Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement
         (2012/107/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 and Article 100(2) and 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 the access of European service providers to the market of the Russian Federation, the Commission has negotiated with the Russian Federation extensive commitments by the latter with regard to trade in services.

                     (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 provide for the equivalent level of market access as defined in the existing commitments of the Russian Federation to the Union under the Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part, of 24 June 1994 (‘the PCA’).

                     (3)

                     In order to preserve the commitments under the PCA, it is necessary to capture them in a binding agreement between the Government of the Russian Federation and the European Union.

                     (4)

                     In the context of the negotiations regarding the accession of the Russian Federation to the WTO, the Commission has negotiated, on behalf of the European Union, an Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (‘the Agreement’).

                     (5)

                     The Agreement should be signed.

                     (6)

                     In view of the need to ensure that the commitments of the Russian Federation under the PCA will continue to 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 Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement, 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, on 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.


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32001D0587

2001/587/EC: Council Decision of 18 June 2001 on the conclusion of the Agreement between the European Community and the Republic of Latvia concerning the participation of the Republic of Latvia in the European Environment Agency and the European environment information and observation network

Official Journal L 213 , 07/08/2001 P. 0047 - 0047

Council Decisionof 18 June 2001on the conclusion of the Agreement between the European Community and the Republic of Latvia concerning the participation of the Republic of Latvia in the European Environment Agency and the European environment information and observation network(2001/587/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 subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The European Environment Agency and the European environment information and observation network were established by Regulation (EEC) No 1210/90(2).(2) The Luxembourg European Council (December 1997) made participation in the Community programmes and agencies a way of stepping up the pre-accession strategy for the central and east European countries. In the case of the agencies, the European Council's conclusions provide that "the Community agencies in which applicant countries will be able to participate will be determined on a case-by-case basis".(3) The Helsinki European Council (December 1999) reaffirmed the inclusive nature of the accession process, which now comprises 13 candidate countries within a single framework with the candidate countries participating in the accession process on an equal footing.(4) The Council, on 14 February 2000, authorised the Commission to conduct negotiations on the participation in the European Environment Agency of the countries applying for accession. The Commission signed the Final Act of the negotiations on 9 October 2000.(5) The Agreement as referred to in this Decision should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Republic of Latvia concerning the participation of the Republic of Latvia in the European Environment Agency and the European environment information and observation network is approved on behalf of the Community.The text of the Agreement is set out as an Annex to this Decision.Article 2The President of the Council is authorised to designate the person(s) empowered to deposit the notification provided for in Article 18 of the Agreement.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 18 June 2001.For the CouncilThe PresidentM. Winberg(1) Opinion delivered 31.5.2001 (not yet published in the Official Journal).(2) OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 933/1999 (OJ L 117, 5.5.1999, p. 1).


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32000D0523

2000/523/EC: Commission Decision of 10 August 2000 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain malleable cast iron tube or pipe fittings originating in Brazil, Croatia, the Czech Republic, the Federal Republic of Yugoslavia, Japan, the People's Republic of China, the Republic of Korea and Thailand and terminating the proceeding in respect of imports originating in Croatia and the Federal Republic of Yugoslavia (notified under document number C(2000) 2452)

Official Journal L 208 , 18/08/2000 P. 0053 - 0054

Commission Decisionof 10 August 2000accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain malleable cast iron tube or pipe fittings originating in Brazil, Croatia, the Czech Republic, the Federal Republic of Yugoslavia, Japan, the People's Republic of China, the Republic of Korea and Thailand and terminating the proceeding in respect of imports originating in Croatia and the Federal Republic of Yugoslavia(notified under document number C(2000) 2452)(2000/523/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) (the basic Regulation), as last amended by Regulation (EC) No 905/98(2), and in particular Articles 8 and 9 thereof,After consulting the Advisory Committee,Whereas:A PROCEDURE(1) By Regulation (EC) No 449/2000(3), the Commission imposed a provisional anti-dumping duty on imports into the Community of certain malleable cast iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand, but imposed no duties on imports originating in Croatia and the Federal Republic of Yugoslavia because their market shares were found to be de minimis, and accepted the price undertaking offered by the exporting producer in the Czech Republic.(2) Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1784/2000(4) imposing a definitive anti-dumping duty on imports of certain malleable cast iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand.(3) The investigation confirmed the provisional findings of injurious dumping relating to imports originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand.B UNDERTAKINGS(4) Following the adoption of provisional anti-dumping measures, the only cooperating exporting producer in the Republic of Korea and one of the cooperating exporting producers in Thailand, offered acceptable price undertakings (within the meaning of Article 8(1) of the Basic Regulation).(5) According to those undertakings, the exporting producers in question have offered to sell to their unrelated customers at minimum prices.(6) The Commission considers that the undertakings offered by the exporting producers concerned can be accepted since they eliminate the injurious effect of the dumping by means of minimum prices established for each product type and an ad valorem duty for the types which were not exported to the Community during the investigation period. Moreover, the regular and detailed reports of their sales which the companies have undertaken to provide to the Commission will allow effective monitoring. Furthermore, the sales structure of these exporting producers is such that the Commission considers that the risk of circumvention of the agreed undertakings is limited.(7) In order to ensure observance of the undertakings and their effective monitoring, when the request for release for free circulation pursuant to the undertakings is presented, exemption from duty is conditional upon presentation to the relevant Member States' customs' sevices of valid "undertaking invoice" issued by the exporting producers from whom the undertaking is accepted and containing the information listed in the Annex to Regulation (EC) 1784/2000. Where no such invoice is presented or when it does not correspondent to the product presented to the customs' services, the appropriate rate of anti-dumping duty shall be payable in order to avoid circumvention of the undertakings.(8) In the event of a breach, or withdrawal of the undertakings, or if there are reasons to believe that the undertakings have been breached, a provisional or definitive anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation.C TERMINATION OF THE PROCEEDING(9) As regards Croatia and the Federal Republic of Yugoslavia, the volumes of imports originating in those countries were considered negligible in accordance with Articles 9(3) and 5(7) of the basic Regulation. Accordingly, the proceeding should be terminated with respect to imports originating in these two countries,HAS DECIDED AS FOLLOWS:Article 1The undertakings offered by the producers listed below, in the context of the anti-dumping proceeding concerning imports of certain malleable cast iron tube or pipe fittings originating in Brazil, Croatia, the Czech Republic, the Federal Republic of Yugoslavia, Japan, the People's Republic of China, the Republic of Korea and Thailand are hereby accepted.>TABLE>Article 2The anti-dumping proceeding concerning imports of certain malleable cast iron tube or pipe fittings originating in Croatia and the Federal Republic of Yugoslavia is herby terminated.Article 3This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 10 August 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ L 55, 29.2.2000, p. 3.(4) See page 8 of this Official Journal.


title: Council Decision (EU) 2017/769 of 25 April 2017 on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with the exception of the aspects related to judicial cooperation in civil matters

text:
               4.5.2017

               EN

               Official Journal of the European Union

               L 115/15

         COUNCIL DECISION (EU) 2017/769
   of 25 April 2017
   on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with the exception of the aspects related to judicial cooperation in civil matters
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with point (a)(v) of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (‘1996 HNS Convention’) aims to ensure adequate, prompt and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea. The 1996 HNS Convention filled a significant gap in the international regulation of liability in the context of maritime transport.

               (2)

               In 2002, the Council adopted Decision 2002/971/EC (2). In accordance with that Decision, Member States were to take the necessary steps to ratify or accede to the 1996 HNS Convention, within a reasonable time and, if possible, before 30 June 2006. Four Member States have subsequently ratified that Convention. The 1996 HNS Convention has not entered into force.

               (3)

               The 1996 HNS Convention has been amended by the Protocol of 2010 to the 1996 HNS Convention (‘Protocol of 2010’). Pursuant to Article 2 and Article 18(1) of the Protocol of 2010, the 1996 HNS Convention and the Protocol of 2010 are to be read, interpreted and applied together as one, single instrument, as between the parties to the Protocol of 2010.

               (4)

               A text consolidating the 1996 HNS Convention and the Protocol of 2010 (‘2010 HNS Convention’) was prepared by the International Maritime Organization (‘IMO’) Secretariat and approved by the IMO Legal Committee at its 98th meeting. The 2010 HNS Convention is not an instrument open to signature or ratification. The 2010 HNS Convention will take effect once the Protocol of 2010 enters into force in Member States.

               (5)

               In accordance with Article 20(8) of the Protocol of 2010, the expression of consent by a State to be bound by the Protocol of 2010 nullifies any prior expression of consent by that State to be bound by the 1996 HNS Convention. As a result, States that are Contracting Parties to the 1996 HNS Convention will cease to be so the moment they express their consent to be bound by the Protocol of 2010 in accordance with Article 20, and in particular paragraphs (2), (3) and (4) thereof, of that Protocol.

               (6)

               Directive 2004/35/EC of the European Parliament and of the Council (3) aims to prevent and remedy environmental damage caused by numerous occupational activities, including the transport by sea of dangerous goods. However, it does not apply to cases of personal injury, to damage to private property or to any economic loss, and does not affect any rights of compensation for such damage. The subject matter of that Directive and of the 2010 HNS Convention therefore partially overlap, but not to a large extent. Member States retain their competence for aspects of the 2010 HNS Convention which do not affect common rules.

               (7)

               As was the case with its predecessor, the 2010 HNS Convention is particularly important for the interests of the Union and its Member States, as it provides for improved protection of the victims of damage in connection with the carriage of HNS by sea, including in the context of environmental damage, in line with the 1982 United Nations Convention on the Law of the Sea.

               (8)

               In order for States to become Contracting Parties to the Protocol of 2010, and thereby to the 2010 HNS Convention, they have to submit to the Secretary-General of the IMO, at the same time as their instrument of consent, relevant data on the total quantities of contributing cargo under the 2010 HNS Convention (‘HNS contributing cargo’) during the preceding calendar year, in accordance with Article 20(4) thereof. For that purpose, States are required to set up a system for the reporting of HNS contributing cargo prior to expressing their consent to be bound by the Protocol of 2010.

               (9)

               At its 100th meeting in 2013, the IMO Legal Committee endorsed Guidelines on the reporting of HNS contributing cargo, which were developed to facilitate the adoption by ratifying States of legislation on reporting prior to the entry into force of the Protocol of 2010 and to contribute to the global, uniform and effective implementation of the relevant requirements of the 2010 HNS Convention.

               (10)

               In order to ensure legal certainty for all relevant stakeholders, Member States should inform each other and the Council and the Commission in an appropriate manner of their systems for the reporting of HNS contributing cargo. That information could be made available in an informal manner through existing channels, such as the Council preparatory bodies.

               (11)

               The exchange of best practices among Member States on the setting up of the system for the reporting of HNS contributing cargo could facilitate the efforts of Member States in developing such a reporting system.

               (12)

               As was the case with the 1996 HNS Convention, in the absence of a regional economic integration organisation (‘REIO’) clause only sovereign States may be party to the Protocol of 2010. Therefore, it is not possible for the Union to ratify or accede to the Protocol of 2010, and thereby to the 2010 HNS Convention.

               (13)

               The ratification of the Protocol of 2010 by all Member States within a given timeframe should ensure a level playing field within the Union for all actors concerned by the application of the 2010 HNS Convention.

               (14)

               Taking into account the international nature of the HNS regime, a global level playing field for all actors concerned by the application of the 2010 HNS Convention should be aimed for. For that reason, there is a need for global coverage of the Protocol of 2010.

               (15)

               Member States should, therefore, be authorised to ratify or accede to, as appropriate, the Protocol of 2010 for the parts thereof falling under exclusive Union competence, with the exception of the aspects related to judicial cooperation in civil matters. The provisions of the 2010 HNS Convention falling within the competence conferred upon the Union in respect of judicial cooperation in civil matters are to be the subject of a Decision adopted in parallel to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   Member States are hereby authorised, for the parts falling under the exclusive competence of the Union, to ratify or accede to, as appropriate, the Protocol of 2010 in the interest of the Union, with the exception of the aspects related to judicial cooperation in civil matters, and subject to the conditions laid down in this Decision.
   Article 2
   1.   Member States shall endeavour to take the necessary steps to deposit the instruments of ratification of, or accession to, the Protocol of 2010 within a reasonable time and, if possible, by 6 May 2021.
   2.   Member States shall inform each other and the Council and the Commission in an appropriate manner when the system for the reporting of HNS contributing cargo becomes operational.
   3.   Member States shall seek to exchange best practices, in particular on the system for the reporting of HNS contributing cargo under the Protocol of 2010.
   Article 3
   When ratifying or acceding to the Protocol of 2010, Member States shall inform the Secretary-General of the International Maritime Organization in writing that such ratification or accession has taken place in accordance with this Decision and Council Decision (EU) 2017/770 (4).
   Article 4
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 5
   This Decision is addressed to the Member States in accordance with the Treaties.

      Done at Luxembourg, 25 April 2017.

            For the Council

            The President

         I. BORG

      (1)  Consent given on 5.4.2017 (not yet published in the Official Journal).

      (2)  Council Decision 2002/971/EC of 18 November 2002 authorising the Member States, in the interest of the Community, to ratify or accede to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the HNS Convention) (OJ L 337, 13.12.2002, p. 55).

      (3)  Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56).

      (4)  Council Decision (EU) 2017/770 of 25 April 2017 on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters (see page 18 of this Official Journal).


title: Political and Security Committee Decision (CFSP) 2016/1207 of 20 July 2016 on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo (This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.), EULEX KOSOVO (EULEX KOSOVO/1/2016)

text:
                  23.7.2016

                  EN

                  Official Journal of the European Union

                  L 198/49

            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/1207
      of 20 July 2016
      on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo (*), EULEX KOSOVO (EULEX KOSOVO/1/2016)
      THE POLITICAL AND SECURITY COMMITTEE,
      Having regard to the Treaty on European Union and in particular the third paragraph of Article 38 thereof,
      Having regard to the Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (1) and in particular Article 12(2) thereof,
      Whereas:

                  (1)

                  Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission.

                  (2)

                  On 14 June 2016, the Council adopted Decision (CFSP) 2016/947 (2) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2018.

                  (3)

                  On 11 July 2016, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Ms Alexandra PAPADOPOULOU as Head of Mission of EULEX KOSOVO for the period from 1 September 2016 to 14 June 2017,

            HAS ADOPTED THIS DECISION:
      Article 1
      Ms Alexandra PAPADOPOULOU is hereby appointed as Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, for the period from 1 September 2016 to 14 June 2017.
      Article 2
      This Decision shall enter into force on the day of its adoption.

         Done at Brussels, 20 July 2016.

               For the Political and Security Committee

               The Chairperson

            W. STEVENS

         (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.

         (1)  OJ L 42, 16.2.2008, p. 92.

         (2)  Council Decision (CFSP) 2016/947 of 14 June 2016 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) (OJ L 157, 15.6.2016, p. 26).


Important legal notice

|

E1998C0820(02)

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 263 , 20/08/1998 P. 0005 - 0005

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (98/C 263/06)>TABLE>