title: 2006/496/EC: Council Decision of  6 July 2006  on the signing, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement

text:
               18.7.2006

               EN

               Official Journal of the European Union

               L 196/14

         COUNCIL DECISION
   of 6 July 2006
   on the signing, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement
   (2006/496/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Community is competent to adopt measures for the conservation and management of fisheries resources and to enter into agreements with third countries and international organisations.

               (2)

               The Community is a Contracting party to the United Nations Convention on the Law of the Sea, which requires all members of the international community to cooperate in managing and conserving the sea's biological resources.

               (3)

               The Community and its Member States have ratified the Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, relating to the Conservation and Management of straddling Fish Stocks and Highly Migratory Fish Stocks.

               (4)

               The Fifth intergovernmental conference of Parties interested in the future Southern Indian Ocean Fisheries Agreement presented a draft Agreement.

               (5)

               The Community fishes stocks in the relevant Area and it is in the interest of the Community to play an effective role in the implementation of the Agreement. It is therefore necessary to sign the Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Southern Indian Ocean Fisheries Agreement is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.

      Done at Brussels, 6 July 2006.

            For the Council

            The President

         P. LEHTOMÄKI

    ---documentbreak---

               18.7.2006

               EN

               Official Journal of the European Union

               L 196/15

         SOUTHERN INDIAN OCEAN FISHERIES AGREEMENT (SIOFA)
   THE CONTRACTING PARTIES
   HAVING A MUTUAL INTEREST in the proper management, long-term conservation and sustainable use of fishery resources in the Southern Indian Ocean, and desiring to further the attainment of their objectives through international cooperation,
   TAKING INTO CONSIDERATION that the coastal States have waters under national jurisdiction in accordance with the United Nations Convention on the Law of the Sea of 10 December 1982 and general principles of international law, within which they exercise their sovereign rights for the purpose of exploring and exploiting, conserving and managing fishery resources and conserving living marine resources upon which fishing has an impact,
   RECALLING THE RELEVANT PROVISIONS of the United Nations Convention on the Law of the Sea of 10 December 1982, the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 December 1995, and the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 and taking into account the Code of Conduct for Responsible Fisheries adopted by the 28th Session of the Conference of the Food and Agriculture Organization of the United Nations on 31 October 1995,
   RECALLING FURTHER article 17 of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1995, and the need for non-Contracting Parties to this Southern Indian Ocean Fisheries Agreement to apply the conservation and management measures adopted hereunder and not to authorise vessels flying their flag to engage in fishing activities inconsistent with the conservation and sustainable use of the fishery resources to which this Agreement applies,
   RECOGNIZING economic and geographical considerations and the special requirements of developing States, in particular the least developed among them and small-island developing States and their coastal communities, for equitable benefit from fishery resources,
   DESIRING cooperation between coastal States and all other States, organizations and fishing entities having an interest in the fishery resources of the Southern Indian Ocean to ensure compatible conservation and management measures,
   BEARING IN MIND that the achievement of the above will contribute to the realization of a just and equitable economic order in the interests of all humankind, and in particular the special interests and needs of developing States, in particular the least developed among them and small-island developing States,
   CONVINCED that the conclusion of a multilateral agreement for the long-term conservation and sustainable use of fishery resources in waters beyond national jurisdiction in the Southern Indian Ocean would best serve these objectives,
   AGREE AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘1982 Convention’ means the United Nations Convention on the Law of the Sea of 10 December 1982;

               (b)

               ‘1995 Agreement’ means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 December 1995;

               (c)

               ‘Area’ means the area to which this Agreement applies, as prescribed in article 3;

               (d)

               ‘Code of Conduct’ means the Code of Conduct for Responsible Fisheries adopted by the 28th Session of the Conference of the Food and Agriculture Organization of the United Nations on 31 October 1995;

               (e)

               ‘Contracting Party’ means any State or regional economic integration organization which has consented to be bound by this Agreement and for which the Agreement is in force;

               (f)

               ‘fishery resources’ means resources of fish, molluscs, crustaceans and other sedentary species within the Area, but excluding:

                           (i)

                           sedentary species subject to the fishery jurisdiction of coastal States pursuant to article 77(4) of the 1982 Convention; and

                           (ii)

                           highly migratory species listed in Annex I of the 1982 Convention;

               (g)

               ‘fishing’ means:

                           (i)

                           the actual or attempted searching for, catching, taking or harvesting of fishery resources;

                           (ii)

                           engaging in any activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose including scientific research;

                           (iii)

                           placing, searching for or recovering any aggregating device for fishery resources or associated equipment including radio beacons;

                           (iv)

                           any operation at sea in support of, or in preparation for, any activity described in this definition, except for any operation in emergencies involving the health or safety of crew members or the safety of a vessel; or

                           (v)

                           the use of an aircraft in relation to any activity described in this definition except for flights in emergencies involving the health or safety of crew members or the safety of a vessel;

               (h)

               ‘fishing entity’ means a fishing entity as referred to in Article 1(3) of the 1995 Agreement;

               (i)

               ‘fishing vessel’ means any vessel used or intended for fishing, including a mother-ship, any other vessel directly engaged in fishing operations, and any vessel engaged in transshipment;

               (j)

               ‘nationals’ includes both natural and legal persons;

               (k)

               ‘regional economic integration organization’ means a regional economic integration organization to which its member States have transferred competence over matters covered by this Agreement, including the authority to make decisions binding on its member States in respect of those matters;

               (l)

               ‘transshipment’ means the unloading of all or any of the fishery resources on board a fishing vessel onto another vessel whether at sea or in port.

         Article 2
   Objectives
   The objectives of this Agreement are to ensure the long-term conservation and sustainable use of the fishery resources in the Area through cooperation among the Contracting Parties, and to promote the sustainable development of fisheries in the Area, taking into account the needs of developing States bordering the Area that are Contracting Parties to this Agreement, and in particular the least developed among them and small-island developing States.
   Article 3
   Area of application
   1.   This Agreement applies to the Area bounded by a line joining the following points along parallels of latitude and meridians of longitude, excluding waters under national jurisdiction:

      Commencing at the landfall on the continent of Africa of the parallel of 10° North; from there east along that parallel to its intersection with the meridian of 65° East; from there south along that meridian to its intersection with the equator; from there east along the equator to its intersection with the meridian of 80° East; from there south along that meridian to its intersection with the parallel of 20° South; from there east along that parallel to its landfall on the continent of Australia; from there south and then east along the coast of Australia to its intersection with the meridian of 120° East; from there south along that meridian to its intersection with the parallel of 55° South; from there west along that parallel to its intersection with the meridian of 80° East; from there north along that meridian to its intersection with the parallel of 45° South; from there west along that parallel to its intersection with the meridian of 30° East; from there north along that meridian to its landfall on the continent of Africa.

   2.   Where for the purpose of this Agreement it is necessary to determine the position on the surface of the Earth of a point, line or area, that position shall be determined by reference to the International Terrestrial Reference System maintained by the International Earth Rotation Service, which for most practical purposes is equivalent to the World Geodetic System 1984 (WGS84).
   Article 4
   General principles
   In giving effect to the duty to cooperate in accordance with the 1982 Convention and international law, the Contracting Parties shall apply, in particular, the following principles:

               (a)

               measures shall be adopted on the basis of the best scientific evidence available to ensure the long-term conservation of fishery resources, taking into account the sustainable use of such resources and implementing an ecosystem approach to their management;

               (b)

               measures shall be taken to ensure that the level of fishing activity is commensurate with the sustainable use of the fishery resources;

               (c)

               the precautionary approach shall be applied in accordance with the Code of Conduct and the 1995 Agreement, whereby the absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures;

               (d)

               the fishery resources shall be managed so that they are maintained at levels that are capable of producing the maximum sustainable yield, and depleted stocks of fishery resources are rebuilt to the said levels;

               (e)

               fishing practices and management measures shall take due account of the need to minimize the harmful impact that fishing activities may have on the marine environment;

               (f)

               biodiversity in the marine environment shall be protected; and

               (g)

               the special requirements of developing States bordering the Area that are Contracting Parties to this Agreement, and in particular the least developed among them and small-island developing States, shall be given full recognition.

         Article 5
   Meeting of the parties
   1.   The Contracting Parties shall meet periodically to consider matters pertaining to the implementation of this Agreement and to make all decisions relevant thereto.
   2.   The ordinary Meeting of the Parties shall, unless the Meeting otherwise decides, take place at least once a year and, to the extent practicable, back-to-back with meetings of the South West Indian Ocean Fisheries Commission. The Contracting Parties may also hold extraordinary meetings when deemed necessary.
   3.   The Meeting of the Parties shall, by consensus, adopt and amend its own Rules of Procedure and those of its subsidiary bodies.
   4.   The Contracting Parties, at their first meeting, shall consider the adoption of a budget to fund the conduct of the Meeting of the Parties and the exercise of its functions and accompanying financial regulations. The financial regulations shall set out the criteria governing the determination of the amount of each Contracting Party's contribution to the budget, giving due consideration to the economic status of Contracting Parties which are developing States, and in particular the least developed among them and small-island developing States, and ensuring that an adequate share of the budget is borne by Contracting Parties that benefit from fishing in the Area.
   Article 6
   Functions of the meeting of the parties
   1.   The Meeting of the Parties shall:

               (a)

               review the state of fishery resources, including their abundance and the level of their exploitation;

               (b)

               promote and, as appropriate, coordinate research activities as required on the fishery resources and on straddling stocks occurring in waters under national jurisdiction adjacent to the Area, including discarded catch and the impact of fishing on the marine environment;

               (c)

               evaluate the impact of fishing on the fishery resources and on the marine environment, taking into account the environmental and oceanographic characteristics of the Area, other human activities and environmental factors;

               (d)

               formulate and adopt conservation and management measures necessary for ensuring the long-term sustainability of the fishery resources, taking into account the need to protect marine biodiversity, based on the best scientific evidence available;

               (e)

               adopt generally recommended international minimum standards for the responsible conduct of fishing operations;

               (f)

               develop rules for the collection and verification of scientific and statistical data, as well as for the submission, publication, dissemination and use of such data;

               (g)

               promote cooperation and coordination among Contracting Parties to ensure that conservation and management measures for straddling stocks occurring in waters under national jurisdiction adjacent to the Area and measures adopted by the Meeting of the Parties for the fishery resources are compatible;

               (h)

               develop rules and procedures for the monitoring, control and surveillance of fishing activities in order to ensure compliance with conservation and management measures adopted by the Meeting of the Parties including, where appropriate, a system of verification incorporating vessel monitoring and observation, and rules concerning the boarding and inspection of vessels operating in the Area;

               (i)

               develop and monitor measures to prevent, deter and eliminate illegal, unreported and unregulated fishing;

               (j)

               in accordance with international law and any applicable instruments, draw the attention of any non-Contracting Parties to any activities which undermine the attainment of the objectives of this Agreement;

               (k)

               establish the criteria for and rules governing participation in fishing; and

               (l)

               carry out any other tasks and functions necessary to achieve the objectives of this Agreement.

         2.   In determining criteria for participation in fishing, including allocation of total allowable catch or total level of fishing effort, the Contracting Parties shall take into account, inter alia, international principles such as those contained in the 1995 Agreement.
   3.   In applying the provisions of paragraph 2, the Contracting Parties may, inter alia:

               (a)

               designate annual quota allocations or fishing effort limitations for Contracting Parties;

               (b)

               allocate catch quantities for exploration and scientific research; and

               (c)

               set aside fishing opportunities for non-Contracting Parties to this Agreement, if necessary.

         4.   The Meeting of Parties shall, subject to agreed rules, review quota allocations and fishing effort limitations of Contracting Parties and participation in fishing opportunities of non-Contracting Parties taking into account, inter alia, information on the implementation by Contracting and non-Contracting Parties of the conservation and management measures adopted by the Meeting of the Parties.
   Article 7
   Subsidiary bodies
   1.   The Meeting of the Parties shall establish a permanent Scientific Committee, which shall meet, unless the Meeting of the Parties otherwise decides, at least once a year, and preferably prior to the Meeting of the Parties, in accordance with the following provisions:

               (a)

               the functions of the Scientific Committee shall be:

                           (i)

                           to conduct the scientific assessment of the fishery resources and the impact of fishing on the marine environment, taking into account the environmental and oceanographic characteristics of the Area, and the results of relevant scientific research;

                           (ii)

                           to encourage and promote cooperation in scientific research in order to improve knowledge of the state of the fishery resources;

                           (iii)

                           to provide scientific advice and recommendations to the Meeting of the Parties for the formulation of the conservation and management measures referred to in Article 6(1)(d);

                           (iv)

                           to provide scientific advice and recommendations to the Meeting of the Parties for the formulation of measures regarding the monitoring of fishing activities;

                           (v)

                           to provide scientific advice and recommendations to the Meeting of the Parties on appropriate standards and format for fishery data collection and exchange; and

                           (vi)

                           any other scientific function that the Meeting of the Parties may decide;

               (b)

               in developing advice and recommendations the Scientific Committee shall take into consideration the work of the South West Indian Ocean Fisheries Commission as well as that of other relevant research organizations and regional fisheries management organizations.

         2.   Once the measures referred to in Article 6 are taken, the Meeting of the Parties shall establish a Compliance Committee, to verify the implementation of and compliance with such measures. The Compliance Committee shall meet, in conjunction with the Meeting of the Parties, as provided for in the Rules of Procedure and shall report, advise and make recommendations to the Meeting of the Parties.
   3.   The Meeting of the Parties may also establish such temporary, special or standing committees as may be required, to study and report on matters pertaining to the implementation of the objectives of this Agreement, and working groups to study, and submit recommendations on, specific technical problems.
   Article 8
   Decision making
   1.   Unless otherwise provided in this Agreement, decisions of the Meeting of the Parties and its subsidiary bodies on matters of substance shall be taken by the consensus of the Contracting Parties present, where consensus means the absence of any formal objection made at the time a decision is taken. The question of whether a matter is one of substance shall be treated as a matter of substance.
   2.   Decisions on matters other than those referred to in paragraph 1 shall be taken by a simple majority of the Contracting Parties present and voting.
   3.   Decisions adopted by the Meeting of the Parties shall be binding on all Contracting Parties.
   Article 9
   Secretariat
   The Meeting of the Parties shall decide on arrangements for the carrying out of secretariat services, or the establishment of a Secretariat, to perform the following functions:

               (a)

               implementing and coordinating the administrative provisions of this Agreement, including the compilation and distribution of the official report of the Meeting of the Parties;

               (b)

               maintaining a complete record of the proceedings of the Meeting of the Parties and its subsidiary bodies, as well as a complete archive of any other official documents pertaining to the implementation of this Agreement; and

               (c)

               any other function that the Meeting of the Parties may decide.

         Article 10
   Contracting party duties
   1.   Each Contracting Party shall, in respect of its activities within the Area:

               (a)

               promptly implement this Agreement and any conservation, management and other measures or matters which may be agreed by the Meeting of the Parties;

               (b)

               take appropriate measures in order to ensure the effectiveness of the measures adopted by the Meeting of the Parties;

               (c)

               collect and exchange scientific, technical and statistical data with respect to the fishery resources and ensure that:

                           (i)

                           data is collected in sufficient detail to facilitate effective stock assessment and are provided in a timely manner to fulfil the requirements set forth in the rules adopted by the Meeting of the Parties;

                           (ii)

                           appropriate measures are taken to verify the accuracy of such data;

                           (iii)

                           such statistical, biological and other data and information as the Meeting of the Parties may decide is provided annually; and

                           (iv)

                           information on steps taken to implement the conservation and management measures adopted by the Meeting of the Parties is provided in a timely manner.

         2.   Each Contracting Party shall make available to the Meeting of the Parties a statement of implementing and compliance measures, including imposition of sanctions for any violations, it has taken in accordance with this Article and, in the case of coastal States that are Contracting Parties to this Agreement, as regards the conservation and management measures they have taken for straddling stocks occurring in waters under their jurisdiction adjacent to the Area.
   3.   Without prejudice to the primacy of the responsibility of the flag State, each Contracting Party shall, to the greatest extent possible, take measures, or cooperate, to ensure that its nationals and fishing vessels owned or operated by its nationals fishing in the Area comply with the provisions of this Agreement and with the conservation and management measures adopted by the Meeting of the Parties.
   4.   Each Contracting Party shall, to the greatest extent possible, at the request of any other Contracting Party, and when provided with the relevant information, investigate any alleged serious violation within the meaning of the 1995 Agreement by its nationals, or fishing vessels owned or operated by its nationals, of the provisions of this Agreement or any conservation and management measure adopted by the Meeting of the Parties. A reply, including details of any action taken or proposed to be taken in relation to the alleged violation, shall be provided to all Contracting Parties as soon as practicable and in any case within two (2) months of such request. A report on the outcome of the investigation shall be provided to the Meeting of the Parties when the investigation is completed.
   Article 11
   Flag state duties
   1.   Each Contracting Party shall take such measures as may be necessary to ensure that:

               (a)

               fishing vessels flying its flag operating in the Area comply with the provisions of this Agreement and the conservation and management measures adopted by the Meeting of the Parties and that such vessels do not engage in any activity which undermines the effectiveness of such measures;

               (b)

               fishing vessels flying its flag do not conduct unauthorized fishing within waters under national jurisdiction adjacent to the Area; and

               (c)

               it develops and implements a satellite vessel monitoring system for fishing vessels flying its flag and fishing in the Area.

         2.   No Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing in the Area unless it has been authorised to do so by the appropriate authority or authorities of that Contracting Party.
   3.   Each Contracting Party shall:

               (a)

               authorize the use of vessels flying its flag for fishing in waters beyond national jurisdiction only where it is able to exercise effectively its responsibilities in respect of such vessels under this Agreement and in accordance with international law;

               (b)

               maintain a record of fishing vessels entitled to fly its flag and authorized to fish for the fishery resources, and ensure that, for all such vessels, such information as may be specified by the Meeting of the Parties is entered in that record. Contracting Parties shall exchange this information in accordance with such procedures as may be agreed by the Meeting of the Parties;

               (c)

               in conformity with the rules determined by the Meeting of the Parties, make available to each annual Meeting of the Parties a report on its fishing activities in the Area;

               (d)

               collect and share in a timely manner, complete and accurate data concerning fishing activities by vessels flying its flag operating in the Area, in particular on vessel position, retained catch, discarded catch and fishing effort, where appropriate maintaining confidentiality of data as it relates to the application of relevant national legislation; and

               (e)

               to the greatest extent possible, at the request of any other Contracting Party, and when provided with the relevant information, investigate any alleged serious violation within the meaning of the 1995 Agreement by fishing vessels flying its flag of the provisions of this Agreement or any conservation and management measure adopted by the Meeting of the Parties. A reply, including details of any action taken or proposed to be taken in relation to such alleged violation, shall be provided to all Contracting Parties as soon as practicable and in any case within two (2) months of such request. A report on the outcome of the investigation shall be provided to the Meeting of the Parties when the investigation is completed.

         Article 12
   Port State duties
   1.   Measures taken by a port State Contracting Party in accordance with this Agreement shall take full account of the right and the duty of a port State to take measures, in accordance with international law, to promote the effectiveness of subregional, regional and global conservation and management measures. When taking such measures, a port State Contracting Party shall not discriminate in form or in fact against the fishing vessels of any State.
   2.   Each port State Contracting Party shall:

               (a)

               in accordance with the conservation and management measures adopted by the Meeting of the Parties, inter alia, inspect documents, fishing gear and catch on board fishing vessels, when such vessels are voluntarily in its ports or at its offshore terminals;

               (b)

               not permit landings, transshipment, or supply services in relation to fishing vessels unless they are satisfied that fish on board the vessel have been caught in a manner consistent with the conservation and management measures adopted by the Meeting of the Parties; and

               (c)

               provide assistance to flag State Contracting Parties, as reasonably practical and in accordance with its national law and international law, when a fishing vessel is voluntarily in its ports or at its offshore terminals and the flag State of the vessel requests it to provide assistance in ensuring compliance with the provisions of this Agreement and with the conservation and management measures adopted by the Meeting of the Parties.

         3.   In the event that a port State Contracting Party considers that a vessel of another Contracting Party making use of its ports or offshore terminals has violated a provision of this Agreement or a conservation and management measure adopted by the Meeting of the Parties, it shall draw this to the attention of the flag State concerned and of the Meeting of the Parties. The port State Contracting Party shall provide the flag State and the Meeting of the Parties with full documentation of the matter, including any record of inspection.
   4.   Nothing in this article affects the exercise by Contracting Parties of their sovereignty over ports in their territory in accordance with international law.
   Article 13
   Special requirements of developing States
   1.   The Contracting Parties shall give full recognition to the special requirements of developing States bordering the Area, in particular the least developed among them and small-island developing States, in relation to the conservation and management of fishery resources and the sustainable development of such resources.
   2.   The Contracting Parties recognize, in particular:

               (a)

               the vulnerability of developing States bordering the Area, in particular the least developed among them and small-island developing States, that are dependent on the exploitation of fishery resources, including for meeting the nutritional requirements of their populations or parts thereof;

               (b)

               the need to avoid adverse impacts on, and ensure access to fisheries by, subsistence, small-scale and artisanal fishers and fishworkers; and

               (c)

               the need to ensure that conservation and management measures adopted by the Meeting of the Parties do not result in transferring, directly or indirectly, a disproportionate burden of conservation action on to developing States bordering the Area, in particular the least developed among them and small-island developing States.

         3.   Cooperation by the Contracting Parties under the provisions of this Agreement and through other subregional or regional organizations involved in the management of marine living resources should include action for the purposes of:

               (a)

               enhancing the ability of developing States bordering the Area, in particular the least developed among them and small-island developing States, to conserve and manage fishery resources and to develop their own fisheries for such resources; and

               (b)

               assisting developing States bordering the Area, in particular the least developed among them and small-island developing States, to enable them to participate in fisheries for such resources, including facilitating access in accordance with this Agreement.

         4.   Cooperation with developing States bordering the Area, in particular the least developed among them and small-island developing States, for the purposes set out in this article should include the provision of financial assistance, assistance relating to human resources development, technical assistance, transfer of technology, and activities directed specifically towards:

               (a)

               improved conservation and management of the fishery resources and of straddling stocks occurring in waters under national jurisdiction adjacent to the Area, which can include the collection, reporting, verification, exchange and analysis of fisheries data and related information;

               (b)

               improved information collection and management of the impact of fishing activities on the marine environment;

               (c)

               stock assessment and scientific research;

               (d)

               monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, development and funding of national and regional observer programmes and access to technology; and

               (e)

               participation in the Meeting of the Parties and meetings of its subsidiary bodies as well as in the settlement of disputes.

         Article 14
   Transparency
   1.   The Contracting Parties shall promote transparency in decision making processes and other activities carried out under this Agreement.
   2.   Coastal States with waters under national jurisdiction adjacent to the Area that are not Contracting Parties to this Agreement shall be entitled to participate as observers in the Meeting of the Parties and meetings of its subsidiary bodies.
   3.   Non-Contracting Parties to this Agreement shall be entitled to participate as observers in the Meeting of the Parties and meetings of its subsidiary bodies.
   4.   Intergovernmental organizations concerned with matters relevant to the implementation of this Agreement, in particular the Food and Agriculture Organization of the United Nations, the South West Indian Ocean Fisheries Commission, and regional fisheries management organizations with competence over high seas waters adjacent to the Area, shall be entitled to participate as observers in the Meeting of the Parties and meetings of its subsidiary bodies.
   5.   Representatives from non-governmental organizations concerned with matters relevant to the implementation of this Agreement shall be afforded the opportunity to participate in the Meeting of the Parties and meetings of its subsidiary bodies as observers or otherwise as determined by the Meeting of the Parties. The Rules of Procedure of the Meeting of the Parties and its subsidiary bodies shall provide for such participation. The procedures shall not be unduly restrictive in this respect.
   6.   Observers shall be given timely access to pertinent information subject to the Rules of Procedure, including those concerning confidentiality requirements, which the Meeting of the Parties may adopt.
   Article 15
   Fishing entities
   1.   After the entry into force of this Agreement any fishing entity whose vessels have fished or intend to fish for fishery resources in the Area may, by a written instrument delivered to the Chairperson of the Meeting of the Parties, in accordance with such procedures as may be established by the Meeting of the Parties, express its firm commitment to be bound by the terms of this Agreement. Such commitment shall become effective thirty (30) days from the date of receipt of the instrument. Any such fishing entity may withdraw such commitment by written notification addressed to the Chairperson of the Meeting of the Parties. Notice of withdrawal shall become effective ninety (90) days from the date of its receipt by the Chairperson of the Meeting of the Parties.
   2.   A fishing entity which has expressed its commitment to be bound by the terms of this Agreement may participate in the Meeting of the Parties and its subsidiary bodies, and partake in decision making, in accordance with the Rules of Procedure adopted by the Meeting of the Parties. Articles 1 to 18 and 20.2 apply, mutatis mutandis, to such a fishing entity.
   Article 16
   Cooperation with other organizations
   The Contracting Parties, acting jointly under this Agreement, shall cooperate closely with other international fisheries and related organizations in matters of mutual interest, in particular with the South West Indian Ocean Fisheries Commission and any other regional fisheries management organization with competence over high seas waters adjacent to the Area.
   Article 17
   Non-Contracting Parties
   1.   Contracting Parties shall take measures consistent with this Agreement, the 1995 Agreement and international law to deter the activities of vessels flying the flags of non-Contracting Parties to this Agreement which undermine the effectiveness of conservation and management measures adopted by the Meeting of the Parties or the attainment of the objectives of this Agreement.
   2.   Contracting Parties shall exchange information on the activities of fishing vessels flying the flags of non-Contracting Parties to this Agreement which are engaged in fishing operations in the Area.
   3.   Contracting Parties shall draw the attention of any non-Contracting Party to this Agreement to any activity undertaken by its nationals or vessels flying its flag which, in the opinion of the Contracting Party, undermines the effectiveness of conservation and management measures adopted by the Meeting of the Parties or the attainment of the objectives of this Agreement.
   4.   Contracting Parties shall, individually or jointly, request non-Contracting Parties to this Agreement whose vessels fish in the Area to cooperate fully in the implementation of conservation and management measures adopted by the Meeting of the Parties with a view to ensuring that such measures are applied to all fishing activities in the Area. Such cooperating non-Contracting Parties to this Agreement shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with, and their record of compliance with, conservation and management measures in respect of the relevant stocks of fishery resources.
   Article 18
   Good faith and abuse of right
   Each Contracting Party shall fulfil in good faith the obligations assumed under this Agreement and shall exercise the rights recognized in this Agreement in a manner which would not constitute an abuse of right.
   Article 19
   Relation to other agreements
   Nothing in this Agreement shall prejudice the rights and obligations of States under the 1982 Convention or the 1995 Agreement.
   Article 20
   Interpretation and settlement of disputes
   1.   Contracting Parties shall use their best endeavours to resolve their disputes by amicable means. At the request of any Contracting Party a dispute may be submitted for binding decision in accordance with the procedures for the settlement of disputes provided in Section II of Part XV of the 1982 Convention or, where the dispute concerns one or more straddling stocks, the procedures set out in Part VIII of the 1995 Agreement. The relevant part of the 1982 Convention and the 1995 Agreement shall apply whether or not the parties to the dispute are also parties to either of these instruments.
   2.   If a dispute involves a fishing entity which has expressed its commitment to be bound by the terms of this Agreement and cannot be settled by amicable means, the dispute shall, at the request of any party to the dispute, be submitted to final and binding arbitration in accordance with the relevant rules of the Permanent Court of Arbitration.
   Article 21
   Amendments
   1.   Any Contracting Party may propose an amendment to the Agreement by providing to the Depositary the text of a proposed amendment at least sixty (60) days in advance of an ordinary Meeting of the Parties. The Depositary shall circulate a copy of this text to all other Contracting Parties promptly.
   2.   Amendments to the Agreement shall be adopted by consensus of all Contracting Parties.
   3.   Amendments to the Agreement shall enter into force ninety (90) days after all Contracting Parties which held this status at the time the amendments were approved have deposited their instruments of ratification, acceptance, or approval of such amendments with the Depositary.
   Article 22
   Signature ratification, acceptance and approval
   1.   This Agreement shall be open for signature by:

               (a)

               the States and regional economic integration organization participating in the Intergovernmental Consultation on the Southern Indian Ocean Fisheries Agreement; and

               (b)

               any other State having jurisdiction over waters adjacent to the Area;
               and shall remain open for signature for twelve (12) months from the (date of opening for signature).

         2.   This Agreement is subject to ratification, acceptance or approval by the signatories.
   3.   The instruments of ratification, acceptance or approval shall be deposited with the Depositary.
   Article 23
   Accession
   1.   This Agreement shall be open for accession, after its closure for signature, by any State or regional economic integration organization referred to in article 22(1), and by any other State or regional economic integration organization interested in fishing activities in relation to the fishery resources.
   2.   Instruments of accession shall be deposited with the Depositary.
   Article 24
   Entry into force
   1.   This Agreement shall enter into force ninety (90) days from the date of receipt by the Depositary of the fourth instrument of ratification, acceptance or approval, at least two of which have been deposited by coastal States bordering the Area.
   2.   For each signatory which ratifies, accepts or approves this Agreement after its entry into force, this Agreement shall enter into force for that signatory thirty (30) days after the deposit of its instrument of ratification, acceptance or approval.
   3.   For each State or regional economic integration organization which accedes to this Agreement after its entry into force, this Agreement shall enter into force for that State or regional economic integration organization thirty (30) days after the deposit of its instrument of accession.
   Article 25
   The Depositary
   1.   The Director-General of the Food and Agriculture Organization of the United Nations shall be the Depositary of this Agreement and of any amendments thereto. The Depositary shall transmit certified copies of this Agreement to all signatories and shall register this Agreement with the Secretary-General of the United Nations pursuant to Article 102 of the Charter of the United Nations.
   2.   The Depositary shall inform all signatories of this Agreement of signatures and of instruments of ratification, accession, acceptance or approval deposited under Articles 22 and 23 and of the date of entry into force of the Agreement under Article 24.
   Article 26
   Withdrawal
   Any Contracting Party may withdraw from this Agreement at any time after the expiration of two years from the date upon which the Agreement entered into force with respect to that Contracting Party, by giving written notice of such withdrawal to the Depositary who shall immediately inform all the Contracting Parties of such withdrawal. Notice of withdrawal shall become effective ninety (90) days from the date of its receipt by the Depositary.
   Article 27
   Termination
   This Agreement shall be automatically terminated if and when, as the result of withdrawals, the number of Contracting Parties drops below three.
   Article 28
   Reservations
   1.   Ratification, acceptance or approval of this Agreement may be made subject to reservations which shall become effective only upon unanimous acceptance by all Contracting Parties to this Agreement. The Depositary shall notify forthwith all Contracting Parties of any reservation. Contracting Parties not having replied within three (3) months from the date of notification shall be deemed to have accepted the reservation. Failing such acceptance, the State or regional economic integration organization making the reservation shall not become a Contracting Party to this Agreement.
   2.   Nothing in paragraph 1 shall prevent a State or a regional economic integration organization on behalf of a State from making a reservation with regard to membership acquired through territories and surrounding maritime areas over which the State asserts its rights to exercise sovereignty or territorial and maritime jurisdiction.

      IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having been duly authorized by their respective Governments, have signed this Agreement.
      DONE at … on this … day of …, … in English and French, both texts being equally authentic.


Avis juridique important

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31980D0238

80/238/EEC: Council Decision of 18 February 1980 appointing the members and alternate members of the Advisory Committee on Medical Training

Official Journal L 052 , 26/02/1980 P. 0011

****( 1 ) OJ NO L 362 , 23 . 12 . 1978 , P . 10 .    COUNCIL DECISION   OF 18 FEBRUARY 1980   APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON MEDICAL TRAINING  ( 80/238/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO COUNCIL DECISION 78/1028/EEC OF 18 DECEMBER 1978 SETTING UP AN ADVISORY COMMITTEE ON VETERINARY TRAINING ( 1 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,   WHEREAS THE MEMBER STATES HAVE DESIGNATED MEMBERS AND ALTERNATE MEMBERS OF THIS COMMITTEE ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE FOLLOWING HAVE BEEN APPOINTED MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON VETERINARY TRAINING FOR THE PERIOD 18 FEBRUARY 1980 TO 17 FEBRUARY 1983 :   A . EXPERTS FROM THE PRACTISING PROFESSION   //  //  MEMBER //  ALTERNATE MEMBER // BELGIUM //  MR PIERRE RONSSE //  MR ARSENE HUYSMANS // GERMANY //  MR H . HAGENLOCHER //  MR H . SCHREITER // DENMARK //  MR SVEND JOHANSEN //  MR GUNNAR MORTENSEN // FRANCE //  MR MARCEL CLOUET //  MR JEAN FONTAINE // IRELAND //  MR BRENDAN T . FARRELLY //  MR FINTAN J . COONEY // ITALY //  MR ALDO ROGHETO //  MR PORFIRIO DI BELLA // LUXEMBOURG //  MR FRANK WOLFF //  MR JOSEPH KREMER // NETHERLANDS //  MR H . A . RIESSEN //  MR M . BOSMAN // UNITED KINGDOM //  MR J . N . GRIPPER //  MR I . B . HUGHES //   B . EXPERTS FROM INSTITUTIONS ENTRUSTED WITH THE TEACHING OF VETERINARY SCIENCES   //  //  MEMBER //  ALTERNATE MEMBER // BELGIUM //  MR LOUSSE //  MR ALBERT DEVOS // GERMANY //  MR M . STOEBER //  MR L . F . MUELLER // DENMARK //  MR H . C . ADLER //  MR P . WILLEBERG // FRANCE //  MR PILET //  MR COTTEREAU // IRELAND //  MR SEOSAMH HANLY //  MR JOHN HANNAN // ITALY //  MR ARMANDO GOBETTO //  MR ALDO ROMAGNOLI // LUXEMBOURG //  MR ALOYSE SCHILTGES //  MR FRANK WOLFF // NETHERLANDS //  MR A . RIJNBERK //  MR G . H . HUISMAN // UNITED KINGDOM //  MR A . O . BETTS //  MR E . J . L . SOULSBY //   C . EXPERTS FROM THE COMPETENT AUTHORITIES OF THE MEMBER STATES   //  //  MEMBER //  ALTERNATE MEMBER // BELGIUM //  MR A . VANDEVELDE //  MR P . LENELLE // GERMANY //  MR F . HEUNER //  MR H . L . SCHLEGEL // DENMARK //  MR E . STOUGAARD //  MR E . MALLING OLSEN // FRANCE //  MR JOSEPH SANTAMARIA //  MR GEORGES VALLIER // IRELAND //  MR JOHN J . VAUGHAN //  MR TRAOLACH O NUALLAIN // ITALY //  MR ENRICO BENEVELLI //  MR MARIO FRITTOLI // LUXEMBOURG //  MR ALOYSE SCHILTGES //  MR RAYMOND FRISCH // NETHERLANDS //  MR H . V.D . ESCH //  MR J . BOOGAERDT // UNITED KINGDOM //  MR A . R.W . PORTER //  MR A . STEELE-BODGER //   DONE AT BRUSSELS , 18 FEBRUARY 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . MARCORA


European Parliament decision setting up a temporary committee on improving safety at sea


Avis juridique important

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42001D0933

Decision of the Representatives of the Governments of the Member States meeting within the Council of 19 December 2001 on certain measures applicable with regard to Ukraine concerning trade in certain steel products covered by the ECSC Treaty

Official Journal L 345 , 29/12/2001 P. 0075 - 0077

Decision of the Representatives of the Governments of the Member States meeting within the Councilof 19 December 2001on certain measures applicable with regard to Ukraine concerning trade in certain steel products covered by the ECSC Treaty(2001/933/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,In agreement with the Commission,HAVE DECIDED AS FOLLOWS:Article 1During the period 1 January 2002 to 30 June 2002, imports into all the Member States of steel products covered by the ECSC Treaty referred to in Annex I originating in Ukraine shall be subject to licensing. Licences shall be issued only within the limits defined in Article 2. Steel products originating in Ukraine, covered by a valid import licence issued pursuant to Commission Decision No 1401/97/ECSC(1), and which were already sent to the Community before the date of entry into force of this Decision, shall be admitted within the quantitative limits applicable for the period from 1 January to 31 December 2001.Article 2Imports shall be authorised, for each product group and for the whole of the Community, up to quantitative limits indicated in Annex II.The period of validity of the import licence is hereby fixed at four months. Unused or partially used import licences may be renewed for two months.Article 3Member States shall issue licences according to rules agreed within the Steel Liaison Committee and inform the Commission thereof immediately. The Commission shall keep the Member States regularly informed of the extent to which the quantities have been used up.The Member States and the Commission shall confer in order to ensure that these quantities are not exceeded.Article 4Should an agreement between the European Coal and Steel Community and Ukraine on trade in certain steel products be concluded and enter into force during the period of application of this Decision, the provisions of that agreement together with any measures taken to give effect to it, shall, as from the date on which the agreement enters into force, replace the provisions of this Decision.Article 5This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply from 1 January 2002.Done at Brussels, 19 December 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 193, 22.7.1997, p. 12.ANNEX ISA Flat-rolled productsSA1. Coils7208 10 007208 25 007208 26 007208 27 007208 36 007208 37 107208 37 907208 38 107208 38 907208 39 107208 39 907211 14 107211 19 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907225 20 207225 30 00SA2. Heavy Plate7208 40 107208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107211 13 007225 40 207225 40 507225 99 10SA3. Other flat rolled products7208 40 907208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 14 907211 19 907211 23 107211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907225 40 80SB LongsSB1. Beams7207 19 317207 20 717216 31 117216 31 197216 31 917216 31 997216 32 117216 32 197216 32 917216 32 997216 33 107216 33 90SB2. Wire rod7213 10 007213 20 007213 91 107213 91 207213 91 417213 91 497213 91 707213 91 907213 99 107213 99 907221 00 107221 00 907227 10 007227 20 007227 90 107227 90 507227 90 95SB3. Other longs7207 19 117207 19 147207 19 167207 20 517207 20 557207 20 577214 20 007214 30 007214 91 107214 91 907214 99 107214 99 317214 99 397214 99 507214 99 617214 99 697214 99 807214 99 907215 90 107216 10 007216 21 007216 22 007216 40 107216 40 907216 50 107216 50 917216 50 997216 99 107218 99 207222 11 117222 11 197222 11 217222 11 297222 11 917222 11 997222 19 107222 19 907222 30 107222 40 107222 40 307224 90 317224 90 397228 10 107228 10 307228 20 117228 20 197228 20 307228 30 207228 30 417228 30 497228 30 617228 30 697228 30 707228 30 897228 60 107228 70 107228 70 317228 80 107228 80 907301 10 00ANNEX IIQUANTITATIVE LIMITS1 January 2002-30 June 2002>TABLE>


DECISION NO. 23 OF 20 MAY 1960 CONCERNING PROOF OF FITNESS FOR EMPLOYMENT REQUIRED UNDER ARTICLE 17, PARAGRAPH ( 1 ) OF REGULATION NO. 3 RELATING TO THE GRANTING OF SICKNESS INSURANCE COVER TO MIGRANT WORKERS AND MEMBERS OF THEIR FAMILY WHO ACCOMPANY THEM TO THE COUNTRY OFFERING THEM WORK


title: 2006/424/EC: Council Decision of  27 March 2006  on the signing of the Agreement between the European Community and Romania on certain aspects of air services

text:
               22.6.2006

               EN

               Official Journal of the European Union

               L 169/25

         COUNCIL DECISION
   of 27 March 2006
   on the signing of the Agreement between the European Community and Romania on certain aspects of air services
   (2006/424/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph, thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated on behalf of the Community an agreement with Romania on certain aspects of air services, hereinafter referred to as ‘the Agreement’, in accordance with the mechanisms and directives in the Annex to the Council's decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement should be signed, subject to its conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and Romania on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.

      Done at Brussels, 27 March 2006.

            For the Council

            The President

         H. GORBACH

    ---documentbreak---

               22.6.2006

               EN

               Official Journal of the European Union

               L 169/26

         AGREEMENT
   between the European Community and Romania on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   ROMANIA,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and Romania containing provisions which have been found to be contrary to European Community law,
   NOTING that the European Community has exclusive competence under the Treaty establishing the European Community with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that provisions of the bilateral air service agreements between Member States of the European Community and Romania, which have been found to be contrary to European Community law, must be brought into full conformity with it in order to establish a sound legal basis for air services between the European Community and Romania and to preserve the continuity of such air services,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Romania, to affect the balance between Community air carriers and air carriers of Romania, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General Provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   For the purposes of this Agreement, ‘national’ of a State shall mean any natural or legal person who has the nationality of that State in accordance with the laws of that State.
   3.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   4.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   5.   The granting of traffic rights continues to be carried out through bilateral arrangements and shall not be affected by the provisions of this Agreement.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Romania, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Romania shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned and shall continue to be owned directly or through majority ownership by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States, and shall at all times be effectively controlled by such States and/or such nationals.

         3.   Romania may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator's Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned and effectively controlled directly or through majority ownership by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         In exercising its right under this paragraph, Romania shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Romania under the safety provisions of the Agreement between the Member State that has designated the air carrier and Romania shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State from imposing taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Romania that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   3.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent Romania from imposing taxes, levies, duties, fees or charges, on the basis of reciprocity and without discrimination, on fuel supplied in its territory for use in an aircraft of a designated air carrier of a Member State that operates between points on the territory of Romania.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by Romania under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent. The amendments shall enter into force in accordance with Article 8.
   Article 8
   Entry into force
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Agreements and other arrangements between Member States and Romania which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Agreement.
      Done at Salzburg in duplicate, on this fifth day of May in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Romanian languages.

         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-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen
         Pentru Comunitatea Europeană

         Por Rumanía
         Za Rumunsko
         For Rumænien
         Für Rumänien
         Rumeenia nimel
         Για τη Ρουμανία
         For Romania
         Pour la Roumanie
         Per la Romania
         Rumānijas vārdā
         Rumunijos vardu
         Románia részéről
         Għar-Rumanija
         Voor Roemenië
         W imieniu Rumunii
         Pela Roménia
         Za Rumunsko
         Za Romunijo
         Romanian puolesta
         För Rumänien
         Pentru România

   ANNEX I
   List of Agreements referred to in Article 1 of this Agreement

               (a)

               Air service Agreements between Romania and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally

                           —

                           Air Transport Agreement between the Federal Government of Austria and the Government of the Socialistic Republic of Romania, signed at Bucharest on 14 July 1975 (hereinafter referred to as ‘Romania–Austria Agreement’).
                           Modified by Exchange of Notes dated 27 June 1985.
                           Last modified by the Exchange of Notes dated 17 November 1994.

                           —

                           Agreement between the Kingdom of Belgium and the People's Republic of Romania relating to Air Transport, signed at Bucharest on 4 December 1956 (hereinafter referred to as ‘Romania–Belgium Agreement’).
                           Last supplemented by the Exchange of Notes dated 4 December 1956.

                           —

                           Agreement between the Government of the Republic of Cyprus and the Government of the Socialistic Republic of Romania on Air transport, signed at Nicosia on 13 December 1973 (hereinafter referred to as ‘Romania–Cyprus Agreement’).

                           —

                           Agreement between the Government of the Czechoslovak Socialistic Republic and the Government of the Socialist Republic of Romania on Civil Air Transport, signed at Prague on 13 March 1970, in respect of which the Czech Republic declared that it considers itself to be bound by the provisions thereof (hereinafter referred to as ‘Romania–Czech Republic Agreement’).

                           —

                           Air Services Agreement between the Government of the Kingdom of Denmark and the Government of Romania, signed at Oslo on 26 October 1998 (hereinafter referred to as ‘Romania–Denmark Agreement’).

                           —

                           Agreement between the Government of the Republic of Finland and the Government of the Socialist Republic of Romania for Air Services between and beyond their respective territories, signed at Helsinki on 30 June 1971 (hereinafter referred to as ‘Romania–Finland Agreement’).
                           Supplemented by the Memorandum of Understanding done at Helsinki on 7 July 1993.
                           Modified by the Exchange of Notes dated 30 January and 7 June 1996.

                           —

                           Air Transport Agreement between the Government of the French Republic and the Government of the People's Republic of Romania, signed at Bucharest on 18 May 1962, supplemented by the Protocol done at Paris on 23 February 1962 (hereinafter referred to as ‘Romania–France Agreement’).
                           Last modified by the Agreed Minutes done at Bucharest on 27 October 1999.

                           —

                           Agreement between the Government of the Kingdom of Greece and the Government of the People's Republic of Romania relating to Commercial Scheduled Air Transport, signed at Athens on 2 May 1960 (hereinafter referred to as ‘Romania–Greece Agreement’).
                           Last modified by the Exchange of Notes signed at Athens on 2 September 1966.

                           —

                           Air Services Agreement between the Government of the Republic of Hungary and the Government of Romania, signed at Bucharest on 12 September 1995 (hereinafter referred to as ‘Romania–Hungary Agreement’).

                           —

                           Agreement between the Government of the Italian Republic and the Government of the Socialist Republic of Romania relating to Civil Air Transport, signed at Rome on 19 December 1975 (hereinafter referred to as ‘Romania–Italy Agreement’).
                           Last modified by the Exchange of Notes dated 9 July 1996 and 28 August 1996.

                           —

                           Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of the Socialist Republic of Romania relating to Civil Air Transport, signed at Luxembourg on 27 October 1972 (hereinafter referred to as ‘Romania–Luxembourg Agreement’).

                           —

                           Agreement between the Government of Malta and the Government of Romania for Civil Air Services, signed at Valletta on 22 November 1990 (hereinafter referred to as ‘Romania–Malta Agreement’).

                           —

                           Agreement between the Government of the Kingdom of the Netherlands and the Government of the People's Republic of Romania relating to Civil Air Transport, signed at The Hague on 27 August 1957 (hereinafter referred to as ‘Romania–Netherlands Agreement’).
                           Last supplemented by the Protocol done at The Hague on 8 June 1982.

                           —

                           Agreement between the Government of the Republic of Poland and the Government of Romania concerning Civil Air Transport, signed at Warsaw on 19 May 1999 (hereinafter referred to as ‘Romania–Poland Agreement’).

                           —

                           Agreement between the Government of Portugal and the Government of the Socialist Republic of Romania relating to Civil Air Transport, signed at Lisbon on 8 February 1975 (hereinafter referred to as ‘Romania–Portugal Agreement’).

                           —

                           Agreement between the Government of the Slovak Republic and the Government of Romania relating to Air Services, signed at Bratislava on 6 June 2000 (hereinafter referred to as ‘Romania–Slovakia Agreement’).

                           —

                           Air Transport Agreement between the Government of Spain and the Government of the Socialist Republic of Romania, signed at Madrid on 10 January 1980 (hereinafter referred to as ‘Romania–Spain Agreement’).
                           Modified by the Memorandum of Understanding done at Madrid on 8 March 1995.
                           Last modified by the Agreed Minutes done in Bucharest on 4 October 1995.

                           —

                           Air Services Agreement between the Government of the Kingdom of Sweden and Romania, signed at Oslo on 26 October 1998 (hereinafter referred to as ‘Romania–Sweden Agreement’).

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Romania concerning Air Services, signed at London on 28 March 1995 (hereinafter referred to as ‘Romania–UK Agreement’).

               (b)

               Air service agreements and other arrangements initialled or signed between Romania and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally

                           —

                           Agreement between the Government of the Federal Republic of Germany and the Government of Romania relating to Air Transport, initialled at Bucharest on 16 December 1994 (hereinafter referred to as ‘Romania–Germany Agreement’).
                           Amended by the Memorandum of Understanding done at Bucharest on 8 February 1996.
                           Supplemented by the Memorandum of Understanding done at Bucharest on 2 December 1997.
                           Supplemented by Notes dated 5 May 1998 and 24 August 1998.
                           Last modified by Notes dated 28 May 2001 and 15 October 2001.

                           —

                           Agreement between the Government of Ireland and the Government of Romania concerning Air Services, initialled at Dublin on 1 November 1995 (hereinafter referred to as ‘Romania–Ireland Agreement’).

         ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Romania–Austria Agreement,

                           —

                           Article 2 of the Romania–Belgium Agreement,

                           —

                           Article 3 of the Romania–Cyprus Agreement,

                           —

                           Article 3 of the Romania–Czech Republic Agreement,

                           —

                           Article 3 of the Romania–Denmark Agreement,

                           —

                           Article 3 of the Romania–Finland Agreement,

                           —

                           Article 3 of the Romania–France Agreement,

                           —

                           Article 3 of the Romania–Germany Agreement,

                           —

                           Article 3 of the Romania–Greece Agreement,

                           —

                           Article 3 of the Romania–Hungary Agreement,

                           —

                           Article 3 of the Romania–Ireland Agreement,

                           —

                           Article 3 of the Romania–Italy Agreement,

                           —

                           Article 3 of the Romania–Luxembourg Agreement,

                           —

                           Article 3 of the Romania–Malta Agreement,

                           —

                           Article 2 of the Romania–Netherlands Agreement,

                           —

                           Article 3 of the Romania–Poland Agreement,

                           —

                           Article 3 of the Romania–Portugal Agreement,

                           —

                           Article 3 of the Romania–Slovakia Agreement,

                           —

                           Article 3 of the Romania–Spain Agreement,

                           —

                           Article 3 of the Romania–Sweden Agreement,

                           —

                           Article 4 of the Romania–UK Agreement.

               (b)

               Refusal, Revocation, Suspension or Limitation of Authorisations or Permissions:

                           —

                           Article 4 of the Romania–Austria Agreement,

                           —

                           Article 2 of the Romania–Belgium Agreement,

                           —

                           Article 6 of the Romania–Cyprus Agreement,

                           —

                           Article 4 of the Romania–Czech Republic Agreement,

                           —

                           Article 4 of the Romania–Denmark Agreement,

                           —

                           Articles 3 and 4 of the Romania–Finland Agreement,

                           —

                           Article 3 of the Romania–France Agreement,

                           —

                           Article 4 of the Romania–Germany Agreement,

                           —

                           Article 4 of the Romania–Greece Agreement,

                           —

                           Article 4 of the Romania–Hungary Agreement,

                           —

                           Article 4 of the Romania–Ireland Agreement,

                           —

                           Article 4 of the Romania–Italy Agreement,

                           —

                           Article 4 of the Romania–Luxembourg Agreement,

                           —

                           Article 4 of the Romania–Malta Agreement,

                           —

                           Article 3 of the Romania–Netherlands Agreement,

                           —

                           Article 4 of the Romania–Poland Agreement,

                           —

                           Articles 3 and 4 of the Romania–Portugal Agreement,

                           —

                           Article 4 of the Romania–Slovakia Agreement,

                           —

                           Article 4 of the Romania–Spain Agreement,

                           —

                           Article 4 of the Romania–Sweden Agreement,

                           —

                           Article 5 of the Romania–UK Agreement.

               (c)

               Regulatory control:

                           —

                           Article 12 of the Romania–Germany Agreement,

                           —

                           Article 16 of the Romania–Poland Agreement,

                           —

                           Article 19 of the Romania–Slovakia Agreement.

               (d)

               Taxation of Aviation Fuel:

                           —

                           Article 8 of the Romania–Austria Agreement,

                           —

                           Article 5 of the Romania–Belgium Agreement,

                           —

                           Article 7 of the Romania–Cyprus Agreement,

                           —

                           Article 6 of the Romania–Czech Republic Agreement,

                           —

                           Article 6 of the Romania–Denmark Agreement,

                           —

                           Article 5 of the Romania–Finland Agreement,

                           —

                           Article 9 of the Romania–France Agreement,

                           —

                           Article 6 of the Romania–Germany Agreement,

                           —

                           Article 8 of the Romania–Greece Agreement,

                           —

                           Article 9 of the Romania–Hungary Agreement,

                           —

                           Article 14 of the Romania–Ireland Agreement,

                           —

                           Article 8 of the Romania–Italy Agreement,

                           —

                           Article 8 of the Romania–Luxembourg Agreement,

                           —

                           Article 10 of the Romania–Malta Agreement,

                           —

                           Article 6 of the Romania–Netherlands Agreement,

                           —

                           Article 10 of the Romania–Poland Agreement,

                           —

                           Article 8 of the Romania–Portugal Agreement,

                           —

                           Article 9 of the Romania–Slovakia Agreement,

                           —

                           Article 5 of the Romania–Spain Agreement,

                           —

                           Article 6 of the Romania–Sweden Agreement,

                           —

                           Article 8 of the Romania–UK Agreement.

               (e)

               Tariffs for Carriage within the European Community:

                           —

                           Article 7 of the Romania–Austria Agreement,

                           —

                           Article 6 of the Romania–Belgium Agreement,

                           —

                           Article 12 of the Romania–Cyprus Agreement,

                           —

                           Article 10 of the Romania–Czech Republic Agreement,

                           —

                           Article 11 of the Romania–Denmark Agreement,

                           —

                           Article 8 of the Romania–Finland Agreement,

                           —

                           Article 12 of the Romania–France Agreement,

                           —

                           Article 10 of the Romania–Germany Agreement,

                           —

                           Article 6 of the Romania–Greece Agreement,

                           —

                           Article 8 of the Romania–Hungary Agreement,

                           —

                           Article 8 of the Romania–Ireland Agreement,

                           —

                           Article 7 of the Romania–Italy Agreement,

                           —

                           Article 7 of the Romania–Luxembourg Agreement,

                           —

                           Article 15 of the Romania–Malta Agreement,

                           —

                           Article 10 of the Romania–Netherlands Agreement,

                           —

                           Article 5 of the Romania–Poland Agreement,

                           —

                           Article 7 of the Romania–Portugal Agreement,

                           —

                           Article 8 of the Romania–Slovakia Agreement,

                           —

                           Article 14 of the Romania–Spain Agreement,

                           —

                           Article 11 of the Romania–Sweden Agreement,

                           —

                           Article 7 of the Romania–UK Agreement.

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


Avis juridique important

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31992D0350

92/350/EEC: Council Decision of 15 June 1992 on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the People' s Democratic Republic of Algeria fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in Algeria, for the period 1 November 1987 to 31 December 1993

Official Journal L 192 , 11/07/1992 P. 0054

COUNCIL DECISION  of 15 June 1992  on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the People's Democratic Republic of Algeria fixing the additional amount to be deducted from  the levy on imports into the Community of untreated olive oil, originating in Algeria, for the period 1 November 1987 to 31 December 1993  (92/350/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria (1), which entered into force on 1 November 1978, and in particular to Annex B thereto,  Having regard to the recommendation from the Commission,  Whereas it is necessary to approve the Agreement in the form of an exchange of letters between the European Economic Community and the People's Democratic Republic of Algeria fixing the additional amount to be deducted from the levy on imports into the  Community of untreated olive oil, falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Algeria, for the period 1 November 1987 to 31 December 1993,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the People's Democratic Republic of Algeria fixing the additional amount to be deducted from the levy on imports into the Community of untreated  olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Algeria, for the period 1 November 1987 to 31 December 1993, is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Regulation.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement for the purpose of binding the Community.  Article 3  This Decision shall take effect on the day following its publication in the Official Journal of the European Communities. Done at Luxembourg, 15 June 1992. For the Council  The President  Joao PINHEIRO   (1) OJ No L 263, 27. 9. 1978, p. 2.