title: 2008/359/EC: Commission Decision of 28 April 2008 setting up the High Level Group on the Competitiveness of the Agro-Food Industry

text:
               7.5.2008

               EN

               Official Journal of the European Union

               L 120/15

      COMMISSION DECISION

   of 28 April 2008
   setting up the High Level Group on the Competitiveness of the Agro-Food Industry
   (2008/359/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Article 157(1) of the Treaty assigned the Community and the Member States the task of ensuring that the conditions necessary for the competitiveness of the Community’s industry exist. Article 157(2) in particular calls upon the Member States to consult each other in liaison with the Commission and, where necessary, to coordinate their actions. The Commission may take any useful initiative to promote such coordination.

               (2)

               In its Communication ‘Mid-term review of Industrial Policy A contribution to the EU’s Growth and Jobs Strategy’ (1), the Commission announced the intention to launch a food initiative concerned with the competitiveness of the Community agro-food industry.

               (3)

               It is therefore necessary to set up a High Level Group composed mainly of experts in the field of competitiveness of the Community agro-food industry, and related challenges such as food safety, health, environment and to define its tasks and structure.

               (4)

               The group should address issues that determine and will determine in the future the competitiveness of the Community agro-food industry. Based on the outcome of its discussions the group should formulate a set of sector-specific policy recommendations with a view of enhancing the competitiveness of the agro-food industry in accordance with the Community policies, in particular the objectives of food safety and health, agricultural policy and sustainable development.

               (5)

               The group should be composed of representatives of the Commission, the Member States and relevant stakeholders, in particular from the agro-food industry upstream producers and downstream users, consumers as well as civil society.

               (6)

               Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2).

               (7)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3),

         HAS DECIDED AS FOLLOWS:
   Article 1
   High Level Group on the Competitiveness of the Agro-Food Industry
   A High Level Group on the Competitiveness of the Agro-Food Industry, hereinafter referred to as the ‘group’, is set up.
   Article 2
   Task
   The group's task shall be the following:

               1.

               to address issues that determine and will determine in the future the competitiveness of the Community agro-food industry and related challenges;

               2.

               to identify the factors that influence the competitive position and sustainability of the Community agro-food industry, including future challenges and trends with an impact on competitiveness;

               3.

               to formulate a set of sector-specific recommendations addressed to policy makers at the Community level.

         Article 3
   Consultation
   The Commission may consult the group on any matter relating to the competitiveness of the Community agro-food industry.
   Article 4
   Membership — appointment
   1.   The members of the group shall be appointed by the Commission from high level specialists with competence and responsibility in areas which are related to the competitiveness and related challenges of the Community agro-food industry.
   2.   The group shall comprise up to 27 members composed as follows:

               (a)

               8 representatives of the Member States;

               (b)

               13 representatives of the agro-food industry;

               (c)

               6 representatives of civil society and professional associations.

         3.   Members of the group shall be appointed for their expertise in a personal capacity and shall advise the Commission independently of any outside influence.
   4.   Each member of the group shall nominate a personal representative to the preparatory sub-group set up in Article 5(2).
   5.   Members shall be appointed for a 1-year renewable term of office and shall remain in office until such time as they are replaced in accordance with paragraph 6 of this article or their term of office ends.
   6.   Members may be replaced for the remaining period of their term of office in any of the following cases:

               (a)

               where they resign;

               (b)

               where the member is no longer capable of contributing effectively to the group’s deliberations;

               (c)

               where the member does not comply with Article 287 of the Treaty.

         7.   Members shall make a written declaration of commitment to act in the public interest, together with a declaration as to whether there is any interest which would prejudice their independence.
   8.   The names of the members shall be published on the Internet site of Directorate-General for Enterprise and Industry and in the Commission's Register of Expert Groups. The names of the members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The group shall be chaired by the Commission.
   2.   A sub-group, hereinafter referred to as the ‘sherpa’ sub-group shall prepare the discussions, position papers and advice for actions and/or policy measures to be recommended by the group. It shall work in close contact with the Commission services in order to prepare the work for the group meetings.
   3.   The group may, with the agreement of the Commission, set up sub-groups to examine specific questions under terms of reference established by the group. Such subgroups shall be dissolved as soon as their mandates are fulfilled.
   4.   The Commission’s representative may ask experts or observers with specific competence on a subject on the agenda to participate in the work of the group, or in the deliberations or work of sub-groups and ad hoc groups.
   5.   Information obtained by participating in deliberations or work of the group or ad hoc groups or sub-groups shall not be divulged if, the Commission considers that information to be confidential.
   6.   The group, the ‘sherpa’ sub-group, and other sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by the Commission. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
   7.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   8.   The Commission may publish, or place on the Internet on a dedicated website, in the original language of the document concerned, any summary, conclusion, part of a conclusion or working document of the group, proceedings and reports.
   Article 6
   Expiry
   The Decision shall be applicable until 1st November 2009. The Commission shall decide on a possible extension before that date.

      Done at Brussels, 28 April 2008.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  COM(2007) 374, 4.7.2007.

      (2)  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

      (3)  OJ L 8, 12.1.2001, p. 1.


title: Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP

text:
               21.12.2010

               EN

               Official Journal of the European Union

               L 336/30

         COUNCIL DECISION 2010/788/CFSP
   of 20 December 2010
   concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 14 May 2008, the Council adopted Common Position 2008/369/CFSP concerning restrictive measures against the Democratic Republic of the Congo (1) following the adoption by the United Nations Security Council on 31 March 2008 of Resolution 1807 (2008) (‘UNSCR 1807 (2008)’).

               (2)

               On 1 December 2010, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1533 (2004) (‘UNSCR 1533 (2004)’) amended the list of persons and entities which are subject to restrictive measures.

               (3)

               The procedure for amending the Annex to this Decision should include providing to designated persons and entities the grounds for listing so as to give them an opportunity to present observations. Where observations are submitted or where substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person or entity concerned accordingly.

               (4)

               This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles.

               (5)

               This Decision also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Security Council resolutions.

               (6)

               Common Position 2008/369/CFSP should therefore be repealed and replaced by this Decision.

               (7)

               The Union implementing measures are set out in Council Regulation (EC) No 889/2005 of 13 June 2005 imposing certain restrictive measures in respect of the Democratic Republic of the Congo (2) and Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (3),

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The direct or indirect supply, sale or transfer of arms and any related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to all non-governmental entities and individuals operating in the territory of the Democratic Republic of the Congo (DRC) by nationals of Member States or from the territories of Member States, or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
   2.   It shall also be prohibited to:

               (a)

               grant, sell, supply or transfer technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to all non-governmental entities and individuals operating in the territory of the DRC;

               (b)

               provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, or for any grant, sale, supply, or transfer of related technical assistance, brokering services and other services, directly or indirectly to all non-governmental entities and individuals operating in the territory of the DRC.

         Article 2
   1.   Article 1 shall not apply to:

               (a)

               the supply, sale or transfer of arms and any related materiel or the provision of technical assistance, financing, brokering services and other services related to arms and related materiel intended solely for support of, or use by, the United Nations Organisation Mission in the DRC (MONUC);

               (b)

               the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to the DRC by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

               (c)

               the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, or the provision of technical assistance and training, related to such non-lethal equipment.

         2.   The supply, sale or transfer of arms and any related materiel or the provision of services or technical assistance and training referred to in paragraph 1 shall be subject to prior authorisation by the competent authorities of the Member States.
   3.   Member States shall give the Sanctions Committee established pursuant to UNSCR 1533 (2004) (Sanctions Committee) advance notification of any shipment of arms and related materiel for the DRC, or any provision of technical assistance, financing, brokering services and other services related to military activities in the DRC, other than those referred to in paragraphs 1(a) and (b). Such notification shall contain all relevant information, including, where appropriate, the end-user, the proposed date of delivery and the itinerary of shipments.
   4.   Member States shall consider deliveries under paragraph 1 on a case-by-case basis, taking full account of the criteria set out in Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (4). Member States shall require adequate safeguards against misuse of authorisations granted pursuant to paragraph 2 and, where appropriate, make provisions for repatriation of the arms delivered and related materiel.
   Article 3
   Restrictive measures as provided for in Articles 4(1) and 5(1) and (2) shall be imposed against the following persons and, as appropriate, entities, designated by the Sanctions Committee:

               —

               persons or entities acting in violation of the arms embargo and related measures as referred to in Article 1,

               —

               political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups,

               —

               political and military leaders of Congolese militias receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes,

               —

               political and military leaders operating in the DRC and recruiting or using children in armed conflicts in violation of applicable international law,

               —

               individuals operating in the DRC and committing serious violations of international law involving the targeting of children or women in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement,

               —

               individuals obstructing the access to or the distribution of humanitarian assistance in the eastern part of the DRC,

               —

               individuals or entities supporting the illegal armed groups in the eastern part of the DRC through illicit trade of natural resources.

         The relevant persons and entities are listed in the Annex.
   Article 4
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons referred to in Article 3.
   2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall not apply where the Sanctions Committee:

               (a)

               determines in advance and on a case-by-case basis that such entry or transit is justified on the grounds of humanitarian need, including religious obligation,

               (b)

               concludes that an exemption would further the objectives of relevant resolutions of the Security Council, that is to say peace and national reconciliation in the DRC and stability in the region,

               (c)

               authorises in advance and on a case-by-case basis, the transit of individuals returning to the territory of the State of their nationality, or participating in efforts to bring to justice perpetrators of grave violations of human rights or international humanitarian law.

         4.   In cases where, pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of persons designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 5
   1.   All funds, other financial assets and economic resources owned or controlled directly or indirectly by the persons or entities referred to in Article 3 or held by entities owned or controlled directly or indirectly by them or by any persons or entities acting on their behalf or at their direction, as identified in the Annex, shall be frozen.
   2.   No funds, other financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of the persons or entities referred to in paragraph 1.
   3.   Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds, other financial assets and economic resources which are:

               (a)

               necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for the payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               intended exclusively for the payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, or other financial assets and economic resources;

               (d)

               necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Sanctions Committee;

               (e)

               the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in Article 3, after notification by the Member State concerned to the Sanctions Committee.

         4.   The exemptions referred to in paragraph 3(a), (b) and (c) may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds, other financial assets and economic resources, and in the absence of a negative decision by the Sanctions Committee within four working days of such notification.
   5.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts; or

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures,

         provided that any such interest, other earnings and payments remain subject to paragraph 1.
   Article 6
   The Council shall amend the list contained in the Annex on the basis of the determinations made by the Security Council or by the Sanctions Committee.
   Article 7
   1.   Where the United Nations Security Council or the Sanctions Committee lists a person or entity, the Council shall include such person or entity in the Annex. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations.
   2.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.
   Article 8
   1.   The Annex shall include the grounds for listing of listed persons and entities as provided by the United Nations Security Council or the Sanctions Committee.
   2.   The Annex shall also include, where available, information provided by the United Nations Security Council or by the Sanctions Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. The Annex shall also include the date of designation by the United Nations Security Council or by the Sanctions Committee.
   Article 9
   This Decision shall be reviewed, amended or repealed as appropriate, as determined by the United Nations Security Council.
   Article 10
   Common Position 2008/369/CFSP is hereby repealed.
   Article 11
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 20 December 2010.

            For the Council

            The President

         J. SCHAUVLIEGE

      (1)  OJ L 127, 15.5.2008, p. 84.

      (2)  OJ L 152, 15.6.2005, p. 1.

      (3)  OJ L 193, 23.7.2005, p. 1.

      (4)  OJ L 335, 13.12.2008, p. 99.

      ANNEX

                  a)

                  List of persons referred to in Articles 3, 4 and 5

                              Name

                              Alias

                              Date of birth/place of birth

                              Identifying information

                              Reasons

                              Date of designation

                              Frank Kakolele BWAMBALE

                              Frank Kakorere
                              Frank Kakorere Bwambale

                              Left the CNDP in January 2008. As of December 2008 resides in Kinshasa.

                              Former RCD-ML leader, exercising influence over policies and maintaining command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo.

                              1.11.2005

                              Gaston IYAMUREMYE

                              Rumuli
                              Byiringiro Victor Rumuli
                              Victor Rumuri
                              Michel Byiringiro

                              1948
                              Musanze District (Northern Province), Rwanda
                              Ruhengeri, Rwanda

                              Second Vice President of FDLR
                              Brigadier General
                              As of November 2010, resides either in Kibua, North Kivu,DRC, or in Aru, Orientale Province, DRC.

                              According to multiple sources, including the UNSC DRC Sanctions Committee’s Group of Experts, Gaston Iyamuremye is the second vice president of the FDLR and is considered a core member of the FDLR military and political leadership. Gaston Iyamuremye also ran Ignace Murwanashyaka’s (President of the FDLR) office in Kibua, DRC until December 2009.

                              1.12.2010

                              Jérôme KAKWAVU BUKANDE

                              Jérôme Kakwavu

                              Congolese
                              Known as: ‘Commandant Jérôme’
                              As of June 2010, has been arrested and is now being held in Kinshasa central prison. Judicial proceedings have been initiated against him and two other of the five senior FARDC officers.

                              Former President of UCD/FAPC. FAPC’s control of illegal border posts between Uganda and the DRC - a key transit route for arms flows. As President of the FAPC, he exercises influence over policies and maintains command and control over the activities of FAPC forces, which have been involved in arms trafficking and, consequently, in violations of the arms embargo. Given the rank of General in the FARDC in December 2004.
                              According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002.
                              One of five senior FARDC officers who had been accused of serious crimes involving sexual violence and whose cases the Security Council had brought to the Government’s attention during its visit in 2009.

                              1.11.2005

                              Germain KATANGA

                              Congolese
                              Under house arrest in Kinshasa from March 2005 for FRPI involvement in human rights abuses.
                              Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007.

                              FRPI chief. Appointed General in the FARDC in December 2004. Involved in weapons transfers, in violation of the arms embargo.
                              According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003.

                              1.11.2005

                              Thomas LUBANGA

                              Ituri

                              Congolese
                              Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses.
                              Transferred to the ICC by the Congolese authorities on 17 March 2006.
                              As of December 2008 is being tried for war crimes.

                              President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo.
                              According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003.

                              1.11.2005

                              Khawa Panga MANDRO

                              Kawa Panga
                              Kawa Panga Mandro
                              Kawa Mandro
                              Yves Andoul Karim
                              Mandro Panga Kahwa
                              Yves Khawa Panga Mandro

                              20 August 1973, Bunia

                              Congolese
                              Known as:
                              ‘Chief Kahwa’
                              ‘Kawa’
                              Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery

                              Ex-President of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Resolution 1493 (2003) involved in arms trafficking, in violation of the arms embargo. In prison in Bunia since 04/05 for sabotage of the Ituri peace process.
                              According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children from 2001 to 2002.

                              1.11.2005

                              Callixte MBARUSHIMANA

                              24 July 1963, Ndusu/Ruhen geri Northern Province, Rwanda

                              Rwandan
                              Current location: Paris or Thaïs, France

                              Executive Secretary of the FDLR and Vice-President of the FDLR military high command.
                              Political/Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council Resolution 1857 (2008) OP 4 (b).

                              3.3.2009

                              Iruta Douglas MPAMO

                              Mpano
                              Douglas Iruta Mpamo

                              28 December 1965, Bashali, Masisi
                              29 December 1965, Goma, DRC (formerly Zaire)

                              Congolese
                              Based in Goma and Gisenyi, Rwanda.
                              Frequently travels across international border between Rwanda and Congo.
                              Address: Bld Kanyamuhanga 52, Goma

                              Owner/Manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo.

                              1.11.2005

                              Sylvestre MUDACUMURA

                              Rwandan
                              Known as: ‘Radja’, ‘Mupenzi Bernard’, ‘General Major Mupenzi’, ‘General Mudacumura’
                              As of November 2009, continues to serve as FDLR-FOCA military commander.
                              Based in Kibua, Masisi territory, DRC.

                              FDLR commander, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in trafficking of arms, in violation of the arms embargo.
                              Mudacumura (or staff) was in telephone communication with FDLR leader Murwanashyaka in Germany, including at the time of the Busurungi Massacre May 2009, and military commander Major Guillaume during Umoja Wetu and Kimia II operations in 2009.
                              According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 27 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2007.

                              1.11.2005

                              Leodomir MUGARAGU

                              Manzi Leon
                              Leo Manzi

                              1954
                              1953
                              Kigali, Rwanda
                              Rushashi (Northern Province), Rwanda

                              Address: Katoyi, North Kivu, DRC
                              FDLR/FOCA Chief of Staff
                              Brigadier General

                              According to open-source and official reporting, Leodomir Mugaragu is the Chief of Staff of the Forces Combattantes Abucunguzi/Combatant Force for the Liberation of Rwanda (FOCA), the FDLR’s armed wing.
                              According to official reporting Mugaragu is a senior planner for FDLR’s military operations in the eastern DRC.

                              1.12.2010

                              Leopold MUJYAMBERE

                              Musenyeri
                              Achille
                              Frere Petrus
                              Ibrahim

                              17 March 1962, Kigali, Rwanda
                              Est. 1966

                              Rwandan
                              Rank: Colonel
                              Current location: Mwenga, South Kivu, DRC

                              Commander of the Second Division of FOCA / the Reserve Brigades (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e).

                              3.3.2009

                              Dr. Ignace MURWANASHYAKA

                              Ignace

                              14 May 1963, Butera (Rwanda)
                              Ngoma, Butare (Rwanda)

                              Rwandan
                              Resident in Germany
                              As of November 2009, still recognized as the President of the FDLR-FOCA political branch and supreme commander of the FDLR armed forces
                              Arrested by German Federal Police on 17 November 2009 on suspicion of committing crimes against humanity and war crimes in the DRC, as well as on the basis of other charges related to the forming and membership of a foreign terrorist organization.

                              President of the FDLR, and supreme commander of the FDLR armed forces exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in trafficking of arms, in violation of the arms embargo.
                              In telephone communication with FDLR military field commanders (including during the Busurungi May 2009 massacre); gave military orders to the high command; involved in coordinating the transfer of arms and ammunition to FDLR units and relaying specific instructions for use; managing large sums of money raised through illicit sale of natural resources in areas of FDLR control (pg.24-25, 83)
                              Traveled to Uganda in 2006 in violation of travel ban
                              According to the Office of the SRSG on Children and Armed Conflict, he held command responsibility as President and military commander of FDLR for recruitment and use of children by the FDLR in Eastern Congo.

                              1.11.2005

                              Straton MUSONI

                              IO Musoni

                              6 April 1961 (possibly 4 June 1961) Mugambazi, Kigali, Rwanda

                              Rwandan passport expired on 10 September 2004
                              Resident in Neuffen, Germany
                              As of November 2009, still recognized as the 1st Vice President of the FDLR-FOCA political branch and President of the FDLR military high command.
                              Arrested by German Federal Police on 17 November 2009 on suspicion of committing crimes against humanity and war crimes in the DRC, as well as on the basis of other charges related to the forming and membership of a foreign terrorist organization.

                              Through his leadership of the FDLR, a foreign armed group operating in the DRC, Musoni is impeding the disarmament and voluntary repatriation or resettlement of combatants belonging to those groups, in breach of Resolution 1649 (2005).

                              29.3.2007

                              Jules MUTEBUTSI

                              Jules Mutebusi
                              Jules Mutebuzi
                              Colonel
                              Mutebutsi

                              South Kivu

                              Congolese (South Kivu)
                              Arrested by the Rwandan authorities in December 2007 when he tried to cross the border into the DRC. Reportedly he is currently ‘restrained.’

                              Former FARDC Deputy Military Regional Commander of 10th MR in April 2004, dismissed for indiscipline and joined forces with other renegade elements of former RCDG to take town of Bukavu in May 2004 by force.
                              Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Resolution 1493 (2003), in violation of the arms embargo.

                              1.11.2005

                              Mathieu, Chui NGUDJOLO

                              Cui Ngudjolo

                              ‘Colonel’ or ‘General’ Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008.

                              FNI Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Arrested by MONUC in Bunia in October 2003.
                              According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children under 15 years old in Ituri in 2006.

                              1.11.2005

                              Floribert Ngabu NJABU

                              Floribert Njabu
                              Floribert Ndjabu
                              Floribert Ngabu Ndjabu

                              Arrested and placed under house arrest in Kinshasa from March 2005 for FNI involvement in human rights abuses.

                              President of FNI, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo.

                              1.11.2005

                              Laurent NKUNDA

                              Nkunda Mihigo Laurent
                              Laurent Nkunda Bwatare
                              Laurent Nkundabatware
                              Laurent Nkunda Mahoro Batware
                              Laurent Nkunda
                              Batware

                              6 February 1967
                              North Kivu/Rutshuru
                              2 February 1967

                              Congolese
                              Known as:
                              ‘Chairman’
                              ‘General Nkunda’
                              ‘Papa Six’
                              Arrested on Rwandan soil in January 2009
                              and subsequently replaced as commander of the CNDP in North Kivu.

                              Former RCD-G General.
                              Joined forces with other renegade elements of former RCD-G to take Bukavu in May 04 by force. In receipt of weapons outside of FARDC in violation of the arms embargo.
                              Founder, National Congress for the People’s Defense, 2006; Senior Officer, Rally for Congolese Democracy- Goma (RCD-G), 1998- 2006; Officer Rwandan Patriotic Front (RPF), 1992-1998.
                              According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 264 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2009.
                              As of November 2009, despite arrest in Rwanda in January 2009 and removal as President of CNDP, retains some control over CNDP and its international network.

                              1.11.2005

                              Felicien NSANZUBUKI-RE

                              Fred Irakeza

                              1967
                              Murama, Kinyinya, Rubungo, Kigali, Rwanda

                              According to multiple sources, Felicien Nsanzubukire is the 1st battalion leader of the FDLR, and is based in the Uvira-Sange area of South Kivu.
                              Felicien Nsanzubukire has been a member of the FDLR since at least 1994 and operating in eastern DRC since October 1998.
                              The UNSC DRC Sanction Committee’s Group of Experts reports that Felicien Nsanzubukire supervised and coordinated the trafficking of ammunition and weapons between at least November 2008 and April 2009 from the United Republic of Tanzania, via Lake Tanganyika, to FDLR units based in the Uvira and Fizi areas of South Kivu.

                              1.12.2010

                              Pacifique NTAWUNGUKA

                              Colonel Omega
                              Nzeri
                              Israel
                              Pacifique Ntawungula

                              1 January 1964, Gaseke, Gisenyi Province, Rwanda Est. 1964

                              Rwandan
                              Rank: Colonel
                              Current Location: Peti, Walikale - Masisis border, DRC
                              Other: Received military training in Egypt

                              Commander of the First Division of FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e).

                              3.3.2009

                              James NYAKUNI

                              Ugandan

                              Trade partnership with Commandant Jerome, particularly smuggling across the DRC/Uganda border, including suspectted smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Resolution 1493 (2003), including financial support that allows them to operate militarily.

                              1.11.2005

                              Stanislas NZEYIMANA

                              Deogratias Bigaruka Izabayo
                              Bigaruka
                              Bigurura
                              Izabayo Deo
                              Jules Mateso Mlamba

                              1 January 1966, Mugusa (Butare), Rwanda
                              Est. 1967
                              Alt. 28 August 1966

                              Rwandan
                              As of November 2009, recognized as Major General Stanislas Nzeyimana, FDLR Deputy Commander
                              Current location: Kalonge, Masisi, North Kivu, DRC or Kibua, DRC.
                              Frequent travel to Kigoma

                              Deputy Commander of the FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e).

                              3.3.2009

                              Dieudonné OZIA MAZIO

                              Ozia Mazio

                              6 June 1949, Ariwara

                              Congolese
                              Known as:
                              ‘Omari’
                              ‘Mr Omari’
                              Deceased in Ariwara on 23 September 2008.

                              President of FEC in Aru territory. Financial schemes with Commandant Jerome and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to Commandant Jerome and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Resolution 1493 (2003).

                              1.11.2005

                              Bosco TAGANDA

                              Bosco Ntaganda
                              Bosco Ntagenda
                              General Taganda

                              Congolese
                              Known as:
                              ‘Terminator’
                              ‘Major’
                              As of November 2009, de facto military head of CNDP following arrest of General Laurent Nkunda in January 2009. Former chief of staff of the CNDP. Based in Bunagana and Rutshuru.
                              Since appointment as the de facto military head of CNDP in January 2009, has been instructed to manage integration into FARDC and given the post of deputy operational commander for Kimia II although this is officially denied by FARDC

                              UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC.
                              According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002 and 2003, and 155 cases of direct and/or command responsibility for recruitment and use of children in North Kivu from 2002 to 2009.
                              As CNDP Chief of Staff, had direct and command responsibility for the massacre at Kiwanja (November 2008)

                              1.11.2005

                              Innocent ZIMURINDA

                              September 1, 1972
                              1975
                              Ngungu, Masisi Territory, North Kivu Province, DRC

                              Lt. Col.
                              According to opensource and official reporting, Lt Col Innocent Zimurinda was an officer in the Congrès National pour la Défense du Peuple (CNDP) which was integrated into Forces Armées de la République Démocratique du Congo (FARDC) in early 2009.

                              According to multiple sources, Lt Col Innocent Zimurinda, in his capacity as one of the commanders of the FARDC 231st Brigade, gave orders that resulted in the massacre of over 100 Rwandan refugees, mostly women and children, during an April 2009 military operation in the Shalio area.
                              The UNSC DRC Sanctions Committee’s Group of Experts reported that Lt Col Innocent Zimurinda was witnessed first hand refusing to release three children from his command in Kalehe, on August 29, 2009.
                              According to multiple sources, Lt Col Innocent Zimurinda, prior to the CNDP’s integration into FARDC, participated in a November 2008 CNDP operation that resulted in the massacre of 89 civilians, including women and children, in the region of Kiwanja.
                              In March 2010, 51 human rights groups working in eastern DRC posted a complaint online alleging that Lt Col Innocent Zimurinda was responsible for multiple human rights abuses involving the murder of numerous civilians, including women and children, between February 2007 and August 2007. Lt Col Innocent Zimurinda has also been accused in the same complaint to be responsible for the rape of a large number of women and girls.
                              According to a May 21, 2010, statement by the Special Representative of the Secretary General for Children and Armed Conflict, Innocent Zimurinda has been involved in the arbitrary execution of child soldiers, including during operation Kimia II.
                              According to the same statement, he denied access by the UN Mission in the DRC (MONUC) to screen troops for minors. According to the UNSC DRC Sanctions Committee’s Group of Experts, Lt Col Zimurinda holds direct and command responsibility for child recruitment and for maintaining children within troops under his command.

                              1.12.2010

                  b)

                  List of entities referred to in Articles 3, 4 and 5

                              Name

                              Alias

                              Address

                              Identifying information

                              Reasons

                              Date of designation

                              BUTEMBO AIRLINES (BAL)

                              Butembo, DRC

                              Privately-owned airline, operates out of Butembo
                              As of December 2008, BAL no longer holds an aircraft operating license in the DRC.

                              Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008) used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

                              29.3.2007

                              CONGOCOM TRADING HOUSE

                                          Butembo, DRC

                                          Tel: +253 (0) 99 983 784

                              Gold trading house in Butembo.

                              CONGOCOM was owned by Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008).
                              Kambale acquired almost all the gold production in the Mongbwalu district, which is controlled by the FNI. The FNI derive substantial income from taxes imposed on this production. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

                              29.3.2007

                              COMPAGNIE AERIENNE DES GRANDS LACS (CAGL)
                              GREAT LAKES BUSINESS COMPANY (GLBC)

                              CAGL, Avenue Président Mobutu Goma, DRC (CAGL also has an office in Gisenyi, Rwanda)
                              GLBC, PO Box 315, Goma, DRC (GLBC also has an office in Gisenyi, Rwanda)

                              As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions.

                              CAGL and GLBC are companies owned by Douglas MPAMO, an individual already subject to sanctions under Resolution 1596 (2005). CAGL and GLBC were used to transport arms and ammunition in violation of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

                              29.3.2007

                              MACHANGA LTD

                              Kampala, Uganda

                              Gold export company in Kampala (Directors: Mr. Rajendra Kumar Vaya and Mr. Hirendra M. Vaya).

                              MACHANGA bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

                              29.3.2007

                              TOUS POUR LA PAIX ET LE DEVELOPPEMENT (NGO)

                              TPD

                              Goma, North Kivu

                              As of December 2008, TPD still existed and had offices in several towns in Masisi and Rutshuru territories, but its activities had almost ceased.

                              Implicated in violation of the arms embargo, by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons to be distributed to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005

                              1.11.2005

                              UGANDA COMMERCIAL IMPEX (UCI) LTD

                                          Kajoka Street Kisemente Kampala, Uganda

                                          Tel.: +256 41 533 578/9;

                                    Alternative address: PO Box 22709 Kampala, Uganda

                              Gold export company in Kampala. (Directors Mr. J.V. LODHIA – known as ‘Chuni’- and his son Mr. Kunal LODHIA).

                              UCI bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

                              29.3.2007


title: Council Decision 2012/150/CFSP of 13 March 2012 amending Decision 2011/872/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

text:
               14.3.2012

               EN

               Official Journal of the European Union

               L 74/9

         COUNCIL DECISION 2012/150/CFSP
   of 13 March 2012
   amending Decision 2011/872/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

               (2)

               On 22 December 2011, the Council adopted Decision 2011/872/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2).

               (3)

               The Council has determined that there are no longer grounds for keeping certain persons on the list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (4)

               The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The persons listed in the Annex to this Decision shall be removed from the list of persons, groups and entities set out in the Annex to Decision 2011/872/CFSP.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 13 March 2012.

            For the Council

            The President

         M. VESTAGER

      (1)  OJ L 344, 28.12.2001, p. 93.

      (2)  OJ L 343, 23.12.2011, p. 54.

      ANNEX

         List of persons referred to in Article 1

                  1.

                  ABOU, Rabah Naami (list number 2)

                  2.

                  ABOUD, Maisi (list number 3)

                  3.

                  ARIOUA, Kamel (list number 7)

                  4.

                  ASLI, Mohamed (list number 8)

                  5.

                  ASLI, Rabah (list number 9)

                  6.

                  DARIB, Noureddine (list number 11)

                  7.

                  DJABALI, Abderrahmane (list number 12)

                  8.

                  MOKTARI, Fateh (list number 16)

                  9.

                  NOUARA, Farid (list number 17)

                  10.

                  RESSOUS, Hoari (list number 18)

                  11.

                  SEDKAOUI, Noureddine (list number 19)

                  12.

                  SELMANI, Abdelghani (list number 20)

                  13.

                  SENOUCI, Sofiane (list number 21)

                  14.

                  TINGUALI, Mohammed (list number 25)


title: 2007/821/EC: Council Decision of 8 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Albania on the facilitation of the issuance of visas

text:
               19.12.2007

               EN

               Official Journal of the European Union

               L 334/84

         COUNCIL DECISION
   of 8 November 2007
   on the conclusion of the Agreement between the European Community and the Republic of Albania on the facilitation of the issuance of visas
   (2007/821/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(i) and (ii), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

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

               (2)

               The Agreement was signed, on behalf of the European Community, on 18 September 2007 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 18 September 2007.

               (3)

               The Agreement should be approved.

               (4)

               The Agreement establishes a Joint Committee for the management of the Agreement, which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case.

               (5)

               In accordance with the Protocol on the position of the United Kingdom and Ireland, and the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (6)

               In accordance with the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Republic of Albania on the facilitation of the issuance of visas is hereby approved on behalf of the Community.
   The text of the agreement is attached to this Decision.
   Article 2
   The President of the Council shall give the notification provided for in Article 14(1) of the Agreement (2).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Community in the Joint Committee of experts established by Article 12 of the Agreement.
   Article 4
   The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 12(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 8 November 2007.

            For the Council

            The President

         R. PEREIRA

      (1)  Opinion delivered on 24 October 2007 (not yet published in the Official Journal).

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   AGREEMENT
   between the European Community and the Republic of Albania on the facilitation of the issuance of visas
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’,
   and
   THE REPUBLIC OF ALBANIA,
   hereinafter referred to as ‘the Parties’,
   HAVING REGARD to the Stabilisation and Association Agreement (SAA) between the European Community and the Republic of Albania, which was signed on 12 June 2006 and which currently governs the relations with the Republic of Albania,
   REAFFIRMING the intention to cooperate closely within the framework of the existing SAA structures for the liberalisation of the visa regime between the Republic of Albania and the European Union, in line with the conclusions of the EU-Western Balkans Summit held in Thessaloniki on 21 June 2003,
   DESIRING, as a first concrete step towards the visa-free travel regime, to facilitate people-to-people contacts as an important condition for the steady development of economic, humanitarian, cultural, scientific and other ties, by facilitating the issuing of visas to citizens of the Republic of Albania,
   BEARING IN MIND that, as from 4 August 2000, EU citizens are exempted from the visa requirement when travelling to the Republic of Albania for a period of time not exceeding 90 days per period of 180 days or transiting through the territory of the Republic of Albania,
   RECOGNISING that if the Republic of Albania was to reintroduce the visa requirement for EU citizens, the same facilitations granted under this agreement to the citizens of the Republic of Albania would automatically, on the basis of reciprocity, apply to EU citizens,
   RECOGNISING that visa facilitation should not lead to illegal migration and paying special attention to security and readmission,
   HAVING REGARD to the entry into force of the agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation,
   TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the United Kingdom and Ireland,
   TAKING INTO ACCOUNT the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the Kingdom of Denmark,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose and scope of application
   1.   The purpose of this Agreement is to facilitate the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of the Republic of Albania.
   2.   If the Republic of Albania was to reintroduce the visa requirement for EU citizens or certain categories of EU citizens, the same facilitations granted under this agreement to the citizens of the Republic of Albania would automatically, on the basis of reciprocity, apply to EU citizens concerned.
   Article 2
   General clause
   1.   The visa facilitations provided in this Agreement shall apply to citizens of the Republic of Albania only insofar as they are not exempted from the visa requirement by the laws and regulations of the Community or the Member States, the present agreement or other international agreements.
   2.   The national law of the Republic of Albania, or of the Member States or Community law shall apply to issues not covered by the provisions of this Agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures.
   Article 3
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark, the Republic of Ireland and the United Kingdom;

               (b)

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

               (c)

               ‘citizen of the Republic of Albania’ shall mean a person who possesses Albanian citizenship;

               (d)

               ‘visa’ shall mean an authorisation issued by a Member State or a decision taken by such State which is required with a view to:

                           —

                           entry for an intended stay in that Member State or in several Member States of no more than 90 days in total,

                           —

                           entry for transit through the territory of that Member State or several Member States;

               (e)

               ‘legally residing person’ shall mean a citizen of the Republic of Albania authorised or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Community or national legislation.

         Article 4
   Documentary evidence regarding the purpose of the journey
   1.   For the following categories of citizens of the Republic of Albania the following documents are sufficient for justifying the purpose of the journey to the other Party:

               (a)

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

                           —

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

               (b)

               for business people and representatives of business organisations:

                           —

                           a written request from a host legal person or company, organisation, or an office or branch of such legal person or company, State or local authorities of the Member States or organising committees of trade and industrial exhibitions, conferences and symposia held in the territories of the Member States, endorsed by a Chamber of Commerce of the Republic of Albania;

               (c)

               for journalists:

                           —

                           a certificate or other document issued by a professional organisation proving that the person concerned is a qualified journalist and a document issued by his/her employer stating that the purpose of the journey is to carry out journalistic work;

               (d)

               for persons participating in scientific, cultural and artistic activities, including university and other exchange programmes:

                           —

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

               (e)

               for representatives of civil society organisations when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes:

                           —

                           a written request issued by the host organisation, a confirmation that the person is representing the civil society organisation and the certificate on establishment of such organisation from the relevant Register issued by a State authority in accordance with the national legislation;

               (f)

               for pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school-related activities:

                           —

                           a written request or a certificate of enrolment from the host university, academy, institute, college or school or student cards or certificates of the courses to be attended;

               (g)

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

                           —

                           a written request from the host organisation: competent authorities, national sport federations or National Olympic Committees of the Member States;

               (h)

               for participants in official exchange programmes organised by twin cities:

                           —

                           a written request of the Head of Administration/Mayor of these cities;

               (i)

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

                           —

                           a written request from the host person;

               (j)

               for visiting military and civil burial grounds:

                           —

                           an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried;

               (k)

               for persons politically persecuted during the communist regime in the Republic of Albania:

                           —

                           the certificate issued by the Institute for the Integration of the Persecuted Persons in accordance with Article 3 of Law no 7748 of 29.07.1993, indicating the status of being a person politically persecuted during the communist regime in the Republic of Albania and a letter of invitation from a competent authority, national or international organisation including NGO of a Member State or by a European institution for participating in activities as appropriate including activities related to their status;

               (l)

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

                           —

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

               (m)

               for persons travelling for tourism:

                           —

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

               (n)

               for persons visiting for medical reasons and necessary accompanying persons:

                           —

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

               (o)

               for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events held in the territory of the Member States:

                           —

                           a written request from the host organisation confirming that the person concerned is participating in the event;

               (p)

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

                           —

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

               (q)

               for persons visiting for burial ceremonies:

                           —

                           an official document confirming the fact of death as well as confirmation of the family or other relationship between the applicant and the buried;

               (r)

               for representatives of the religious communities:

                           —

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

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

               (a)

               for the invited person — name and surname, date of birth, sex, citizenship, number of the identity document, time and purpose of the journey, number of entries and where relevant the name of the spouse and children accompanying the invited person;

               (b)

               for the inviting person — name, surname and address; or

               (c)

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

                           —

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

                           —

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

         3.   For the categories of persons mentioned in paragraph 1 of this Article, all categories of visa are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Member States.
   Article 5
   Issuance of multiple-entry visas
   1.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of up to five years to the following categories of persons:

               (a)

               members of the Council of Ministers, Parliament, Constitutional Court and Supreme Court, if they are not exempted from the visa requirement by the present Agreement, in the exercise of their duties, with a term of validity limited to their term of office if this is less than five years;

               (b)

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

               (c)

               spouses and children (including adopted), who are under the age of 21 or are dependent, visiting Albanian citizens legally residing in the territory of the Member States with the term of validity limited to the duration of the validity of their authorisation for legal residence.

         2.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of up to one year to the following categories of persons, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the visited State and that there are reasons for requesting a multiple-entry visa:

               (a)

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

               (b)

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

               (c)

               persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Member States;

               (d)

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

               (e)

               journalists;

               (f)

               participants in official exchange programmes organised by twin cities;

               (g)

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

               (h)

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

               (i)

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

               (j)

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

               (k)

               representatives of the religious communities in the Republic of Albania, who regularly travel to the Member States;

               (l)

               representatives of civil society organisations travelling regularly to Member States for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes;

               (m)

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

         3.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of a minimum of two years and a maximum of five years to the categories of persons referred to in paragraph 2 of this Article, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited State and that the reasons for requesting a multiple-entry visa are still valid.
   4.   The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States.
   Article 6
   Fees for processing visa applications
   1.   The fee for processing visa applications of citizens of the Republic of Albania shall amount to EUR 35.
   The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 14(4).
   If the Republic of Albania was to reintroduce the visa requirement for EU citizens, the visa fee to be charged by the Republic of Albania shall not be higher than EUR 35 or the amount agreed if the fee is reviewed in accordance with the procedure provided for in Article 14(4).
   2.   Fees for processing the visa application are waived for the following categories of persons:

               (a)

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

               (b)

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

               (c)

               members of the Council of Ministers, Parliament, Constitutional Court and Supreme Court, if they are not exempted from the visa requirement by the present Agreement;

               (d)

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

               (e)

               children under six years of age;

               (f)

               disabled persons and the person accompanying them, if necessary;

               (g)

               persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment, and the person accompanying such person, or to attend a funeral of a close relative, or to visit a seriously ill close relative;

               (h)

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

               (i)

               persons participating in scientific, cultural and artistic activities including university and other exchange programmes;

               (j)

               participants in official exchange programmes organised by twin cities;

               (k)

               politically persecuted persons during the communist regime;

               (l)

               pensioners;

               (m)

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

               (n)

               journalists;

               (o)

               representatives of religious communities registered in the Republic of Albania;

               (p)

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

               (q)

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

               (r)

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

         Article 7
   Length of procedures for processing visa applications
   1.   Diplomatic missions and consular posts of the Member States shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa.
   2.   The period of time for taking a decision on a visa application may be extended to up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed.
   3.   The period of time for taking a decision on a visa application may be reduced to three working days or less in urgent cases.
   Article 8
   Departure in case of lost or stolen documents
   Citizens of the European Union and of the Republic of Albania who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of the Republic of Albania or the Member States, may leave that territory on the grounds of valid identity documents entitling to cross the border issued by diplomatic missions or consular posts of the Member States or of the Republic of Albania without any visa or other authorisation.
   Article 9
   Extension of visa in exceptional circumstances
   The citizens of the Republic of Albania who do not have the possibility to leave the territory of the Member States by the time stated in their visas for reasons of force majeure shall have the term of their visas extended free of charge in accordance with the legislation applied by the receiving State for the period required for their return to the State of their residence.
   Article 10
   Diplomatic passports
   1.   Citizens of the Republic of Albania, holders of valid diplomatic passports can enter, leave and transit through the territories of the Member States without visas.
   2.   Persons mentioned in paragraph 1 of this Article may stay in the territories of the Member States for a period not exceeding 90 days per period of 180 days.
   Article 11
   Territorial validity of visas
   Subject to the national rules and regulations concerning national security of the Member States and subject to EU rules on visas with limited territorial validity, citizens of the Republic of Albania shall be entitled to travel within the territory of the Member States on an equal basis with European Union citizens.
   Article 12
   Joint Committee for management of the Agreement
   1.   The Parties shall set up a Joint Committee of experts (hereinafter referred to as ‘the Committee’), composed of representatives of the European Community and of the Republic of Albania. The Community shall be represented by the Commission of the European Communities, assisted by experts from the Member States.
   2.   The Committee shall, in particular, have the following tasks:

               (a)

               monitoring the implementation of the present Agreement;

               (b)

               suggesting amendments or additions to the present Agreement;

               (c)

               settling disputes arising out of the interpretation or application of the provisions in this Agreement.

         3.   The Committee shall meet whenever necessary at the request of one of the Parties and at least once a year.
   4.   The Committee shall establish its rules of procedure.
   Article 13
   Relation of this Agreement with bilateral Agreements between Member States and the Republic of Albania
   1.   As from its entry into force, this Agreement shall take precedence over provisions of any bilateral or multilateral agreements or arrangements concluded between individual Member States and the Republic of Albania, insofar as the provisions of the latter agreements or arrangements cover issues dealt with by the present Agreement.
   2.   The provisions of bilateral Agreements or arrangements between individual Member States and the Republic of Albania signed before 1 January 2007 providing for the exemption of the holders of service passports from the visa requirement, shall continue to apply for a period of five years from the entry into force of this Agreement without prejudice to the right of the Member States concerned or the Republic of Albania to denounce or suspend these bilateral agreements during this period of five years.
   Article 14
   Final clauses
   1.   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to above have been completed.
   2.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 5 of this Article.
   3.   This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force after the Parties have notified each other of the completion of their internal procedures necessary for this purpose.
   4.   Each Party may suspend in whole or in part this Agreement for reasons of public order, protection of national security or protection of public health. The decision on suspension shall be notified to the other Party not later than 48 hours before its entry into force. The Party that has suspended the application of this Agreement shall immediately inform the other Party once the reasons for the suspension no longer apply.
   5.   Each Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.

      Done at Brussels on the eighteenth day of September in the year two thousand and seven in duplicate in each of the official languages of the Parties, each of these texts being equally authentic.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen
         Za Evropsku zajednicu
         За Европску заједнитгу
         Për Kommunitetin Europian

         За Република Албания
         Por la República de Albania
         Za Albánskou republiku
         For Republikken Albanien
         Für die Republik Albanien
         Albaania Vabariigi nimel
         Για τη Δημοκρατiα της Αλβανίας
         For the Republic of Albania
         Pour la République d'Albanie
         Per la Repubblica d'Albania
         Albānijas Republikas vārdā
         Albanijos Respublikos vardu
         az Albán Köztársaság részéről
         Għar-Repubblika ta' l-Albanija
         Voor de Republiek Albanië
         W imieniu Republiki Albanii
         Pela República da Albānia
         Pentru Republica Albânia
         Za Albánsku republiku
         Za Republiko Albanijo
         Albanian tasavallan puolesta
         För Republiken Albanien
         Për Republikën e Shqipërisë

   ANNEX
   PROTOCOL TO THE AGREEMENT ON THE MEMBER STATES THAT DO NOT FULLY APPLY THE SCHENGEN ACQUIS

   Those Member States which are bound by the Schengen acquis but which do not issue yet Schengen visas, while awaiting the relevant Decision of the Council to that end, shall issue national visas the validity of which is limited to their own territory.
   These Member States may unilaterally recognise Schengen visas and residence permits for the transit through their territory, in accordance with European Parliament and Council Decision No 895/2006/EC of 14 June 2006.
   As European Parliament and Council Decision No 895/2006/EC of 14 June 2006 does not apply to Romania and Bulgaria, similar provisions will be proposed by the European Commission in order to enable these countries to unilaterally recognise Schengen visas and residence permits and other similar documents issued by other Member States not yet fully integrated into the Schengen area for the purpose of transit through their territory.
   JOINT DECLARATION CONCERNING DENMARK
   The Parties take note that the present Agreement does not apply to the procedures for issuing visas by the diplomatic missions and consular posts of the Kingdom of Denmark.
   In such circumstances, it is desirable that the authorities of Denmark and of the Republic of Albania conclude, without delay, a bilateral agreement on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Community and the Republic of Albania.
   JOINT DECLARATION CONCERNING THE UNITED KINGDOM AND IRELAND
   The Parties take note that the present Agreement does not apply to the territory of the United Kingdom and Ireland.
   In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and the Republic of Albania, conclude bilateral agreements on the facilitation of the issuance of visas.
   JOINT DECLARATION CONCERNING ICELAND AND NORWAY
   The Parties take note of the close relationship between the European Community and Norway and Iceland, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis.
   In such circumstances, it is desirable that the authorities of Norway, Iceland and the Republic of Albania conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Community and the Republic of Albania.
   JOINT DECLARATION CONCERNING SWISS CONFEDERATION AND LIECHTENSTEIN
   (if needed)
   If the Agreement between the EU, the EC and the Swiss Confederation concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis and the Protocols to this Agreement concerning Liechtenstein has entered into force by the time negotiations with the Republic of Albania have concluded, a similar declaration will also be made in respect of Switzerland and Liechtenstein.
   EUROPEAN COMMUNITY DECLARATION ON ACCESS OF VISA APPLICANTS AND HARMONISATION OF INFORMATION ON PROCEDURES FOR ISSUING SHORT-STAY VISAS AND DOCUMENTS TO BE SUBMITTED WHEN APPLYING FOR SHORT-STAY VISAS
   Recognising the importance of transparency for visa applicants, the European Community recalls that the legislative proposal on the recast of the Common Consular Instructions on visas for the diplomatic missions and consular posts has been adopted on 19 July 2006 by the European Commission and addresses the issue of conditions of access of visa applicants to diplomatic missions and consular posts of the Member States.
   Regarding the information to be provided to visa applicants the European Community considers that appropriate measures should be taken:

               —

               in general, to draw up basic information for applicants on the procedures and conditions for applying for visas and on their validity,

               —

               the European Community will draw up a list of minimum requirements in order to ensure that Albanian applicants are given coherent and uniform basic information and are required to submit, in principle, the same supporting documents.

         The information mentioned above including the list of accredited travel agencies and tour operators in the framework of local consular cooperation is to be disseminated widely (on the notice boards of consulates, in leaflets, on websites, etc.).
   The diplomatic missions and consular posts of the Member States shall provide information about existing possibilities under the Schengen acquis for facilitation of the issuing of short-stay visas on a case-by-case basis, and in particular for bona fide applicants.
   EUROPEAN COMMUNITY DECLARATION ON REVIEWING THE VISA REQUIREMENT FOR HOLDERS OF SERVICE PASSPORTS
   As the exemption of the holders of service passports from the visa requirement provided in bilateral Agreements or arrangements between individual Member States and the Republic of Albania which have been signed before 1 January 2007 shall only continue to apply for a period of five years from the entry into force of this Agreement without prejudice to the right of the Member States concerned or the Republic of Albania to denounce or suspend these bilateral agreements during this period of five years, the European Community will reassess the situation of the holders of service passports at the latest four years after the entry into force of this Agreement, in view of a possible amendment of the Agreement to that end in accordance with the procedure provided in Article 14(3).
   EUROPEAN COMMUNITY DECLARATION ON FACILITATIONS FOR FAMILY MEMBERS AND BONA FIDE APPLICANTS
   The European Community takes note of the suggestion of the Republic of Albania to give a wider definition to the notion of family members that should benefit from visa facilitation as well as of the importance that the Republic of Albania attaches to the simplification of movement of this category of persons.
   In order to ease the mobility of an extended number of persons which have family links (in particular sisters and brothers and their children) with citizens of Albania legally residing in the territories of Member States, the European Community invites the Member States’ consular offices to make full use of the existing possibilities in the acquis communautaire for facilitating the issuance of visas to this category of persons, including in particular, the simplification of documentary evidence requested for the applicants, exemptions from handling fees and where appropriate the issuing of multiple-entry visas.
   In addition, the European Community also invites the Member States’ consular offices to make full use of these possibilities for the facilitation of the issuance of visas to bona fide applicants.