title: 2013/156/EU: Council Decision of 21 March 2013 on signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation

text:
               27.3.2013

               EN

               Official Journal of the European Union

               L 87/1

         COUNCIL DECISION
   of 21 March 2013
   on signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation
   (2013/156/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 19 December 2011 the Council authorised the Commission to open negotiations with Armenia on readmission of persons residing without authorisation. The negotiations were successfully concluded and the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation (‘the Agreement’) was initialled on 18 October 2012.

               (2)

               The Agreement should be signed, on behalf of the Union, subject to its conclusion.

               (3)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (4)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Armenia on readmission of persons residing without authorisation is hereby authorised, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 21 March 2013.

            For the Council

            The President

         P. HOGAN

      (1)  The text of the Agreement will be published together with the decision on its conclusion.


Avis juridique important

|

31992D0179

92/179/EEC: Commission Decision of 23 March 1992 terminating the anti- dumping proceeding concerning imports of cotton yarn originating in Egypt

Official Journal L 082 , 27/03/1992 P. 0070 - 0070

COMMISSION DECISION  of 23 March 1992  terminating the anti-dumping proceeding concerning imports of cotton yarn originating in Egypt  (92/179/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1) and in particular Article 9 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. PROVISIONAL MEASURES  (1) The Commission, by Regulation (EEC) No 2818/91 (2), imposed a provisional anti-dumping duty on imports into the Community of cotton yarn originating in Brazil, Egypt and Turkey and terminated the anti-dumping proceeding in respect of this product  originating in India and Thailand. The Council, by Regulation (EEC) No 171/92 (3), extended this duty for a period not exceeding two months.  B. SUBSEQUENT PROCEDURE  (2) Following the imposition of the provisional anti-dumping duty, the interested parties who so requested were granted an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings.  (3) The parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties and the definitive collection of the amount secured by way of a provisional duty. They were  also granted a period within which to make representations subsequent to the disclosure.  (4) The oral and written comments submitted by the parties were considered and, where appropriate, the Commission's findings were modified to take account of them.  (5) Due to the complexity of the procedure and the other reasons indicated in recital 11 of Regulation (EEC) No 2818/91, the investigation could not be concluded within the time period mentioned in Article 7 (9) (a) of Regulation (EEC) No 2433/88.  C. DUMPING  (6) By Regulation (EEC) No 171/92 the Council concluded that cotton yarn prices of imports from Egypt were not significantly dumped.  D. INJURY  (7) In view of the above conclusion on dumping, the Commission considers it unnecessary to examine further the question of injury relating to the imports of cotton yarn from Egypt.  E. TERMINATION OF THE PROCEEDING  (8) After being informed by the Commission of the above findings, the complainant made further representations concerning the determination of the dumping margins in respect of the imports in question. The Commission considered these representations,  but concluded that effectively no new information or arguments had been submitted and that accordingly its findings should stand.  In these circumstances, protective measures are considered to be unnecessary and the proceeding should accordingly be terminated,  HAS DECIDED AS FOLLOWS:  Sole Article  1. The anti-dumping proceeding concerning imports of cotton yarn falling within CN codes 5205 11 00 to 5205 45 90 and 5206 11 00 to 5206 45 90 and originating in Egypt is hereby terminated.  2. The amounts secured by way of provisional anti-dumping duty under Regulation (EEC) No 2818/91 concerning the imports referred to in paragraph 1 shall be released. Done at Brussels, 23 March 1992. For the Commission  Frans ANDRIESSEN  Vice-President   (1) OJ No L 209, 2. 8. 1988, p. 1. (2) OJ No L 271, 27. 9. 1991, p. 17. (3) OJ No L 18, 25. 1. 1992, p. 33.


title: 2005/518/EC: Council Decision of 22 November 2004 concerning the signing of a Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes

text:
               22.7.2005

               EN

               Official Journal of the European Union

               L 192/8

         COUNCIL DECISION
   of 22 November 2004
   concerning the signing of a Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes
   (2005/518/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)(2)

               The Commission has negotiated on behalf of the Community a Framework Agreement with Bosnia and Herzegovina on the general principles for its participation in Community programmes.Subject to its conclusion at a later date, the Agreement initialled on 30 September 2004 should be signed,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the European Community, the Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes.

      Done at Brussels, 22 November 2004.

            For the Council

            The President

         B. R. BOT

   FRAMEWORK AGREEMENT
   between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   on the one part, and
   BOSNIA AND HERZEGOVINA,
   on the other part,
   hereinafter referred to as ‘the Contracting Parties’,
   WHEREAS:

               (1)

               The European Council in Copenhagen in December 2002 confirmed the European perspective of the countries of the western Balkans, as potential candidates, and underlined its determination to support their efforts to move closer to the European Union.

               (2)

               The European Council in Thessaloniki in June 2003 acknowledged that the Stabilisation and Association Process will remain the framework for the European course of the western Balkan countries all the way to their future accession and endorsed ‘The Thessaloniki Agenda for the western Balkans: moving towards European integration’, which aims to further strengthen the privileged relations between the EU and the western Balkans drawing on the enlargement experience.

               (3)

               The Thessaloniki Agenda invited the western Balkan countries to participate in Community programmes and agencies in line with the principles laid down for participation by the candidate countries, aiming to familiarise the countries concerned and their people with the policies and working methods of the EU, thus anchoring them more firmly to the EU and encouraging them on the path towards European integration.

               (4)

               Bosnia and Herzegovina has expressed its wish to participate in a number of Community programmes.

               (5)

               The specific terms and conditions, including financial contribution, regarding the participation of Bosnia and Herzegovina in each particular programme should be determined by agreement between the Commission of the European Communities, acting on behalf of the Community, and Bosnia and Herzegovina,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Bosnia and Herzegovina shall be allowed to participate in the following Community programmes:

               1.

               The running Community programmes which are listed in the Annex, which are open to the participation of Bosnia and Herzegovina once the present Agreement (hereinafter referred to as the Agreement) enters into force.

               2.

               Community Programmes established or renewed after the entry into force of the Agreement and which contain an opening clause which foresees the participation of Bosnia and Herzegovina.

         Article 2
   Bosnia and Herzegovina shall contribute financially to the general budget of the European Union corresponding to the specific programmes in which it participates.
   Article 3
   Bosnia and Herzegovina’s representatives shall be allowed to take part, as observers and for the points which concern Bosnia and Herzegovina, in the management committees responsible for monitoring the programmes to which Bosnia and Herzegovina contributes financially.
   Article 4
   Projects and initiatives submitted by participants from Bosnia and Herzegovina shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as are applied to Member States.
   Article 5
   The specific terms and conditions regarding the participation of Bosnia and Herzegovina in each particular programme, in particular the financial contribution payable, will be determined by agreement, in the form of a Memorandum of Understanding, between the Commission, acting on behalf of the Community, and Bosnia and Herzegovina.
   If Bosnia and Herzegovina apply for Community external assistance on the basis of Council Regulation (EC) No 2666/2000 of 5 December 2000 as amended by Regulation (EC) No 2415/2001 of 10 December 2001 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia or pursuant to any similar Regulation providing for Community external assistance to Bosnia and Herzegovina that may be adopted in future, the conditions governing the use by Bosnia and Herzegovina of the Community assistance shall be determined in a financing agreement.
   Article 6
   The Memorandum of Understanding shall stipulate, in accordance with the Community’s Financial Regulation, that financial control or audits will be carried out by, or under the authority of, the European Commission, OLAF and the Court of Auditors of the European Communities.
   Detailed provisions shall be made on financial control and auditing, administrative measures, penalties and recovery enabling the European Commission, OLAF and the Court of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or contractors established in the Community.
   Article 7
   The Agreement shall apply for an indeterminate period.
   Either Contracting Party may denounce this Agreement by written notification to the other Contracting Party. This Agreement shall terminate six months after the date of such notification.
   Article 8
   No later than three years after the date of entry into force of this Agreement, and every three years thereafter, both Contracting Parties may review the implementation of this Agreement on the basis of the actual participation of Bosnia and Herzegovina in one or more Community programmes.
   Article 9
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Bosnia and Herzegovina.
   Article 10
   This Agreement shall enter into force on the date of receipt of the last written notification through diplomatic channels by which each Contracting Party informs the other that its procedure for the entry into force of this Agreement has been completed.
   Article 11
   1.   The Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovakian, Slovene, Spanish, Swedish languages and the official languages of Bosnia and Herzegovina.
   2.   Once the institutions of the European Union will be bound to publish all official acts in Maltese in the Official Journal of the European Union, the Agreement will also be drawn up in duplicate in Maltese.
   3.   Each of the language texts is equally authentic.

      Hecho en Bruselas, el veintidós de noviembre del dos mil cuatro.
      V Bruselu dne dvacátého druhého listopadu dva tisíce čtyři.
      Udfærdiget i Bruxelles den toogtyvende november to tusind og fire.
      Geschehen zu Brüssel am zweiundzwanzigsten November zweitausendundvier.
      Kahe tuhande neljanda aasta novembrikuu kahekümne teisel päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις είκοσι δύο Νοεμβρίου dύο χιλιάδες τέσσερα.
      Done at Brussels on the twenty-second day of November in the year two thousand and four.
      Fait à Bruxelles, le vingt-deux novembre deux mille quatre.
      Fatto a Bruxelles, addi' ventidue novembre duemilaquattro.
      Briselē, divi tūkstoši ceturtā gada divdesmit otrajā novembrī.
      Priimta du tūkstančiai ketvirtų metų lapkričio dvidešimt antrą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-negyedik év november havának huszonkettedik napján.
      Magħmul fi Brussel fit-tieni u għoxrin jum ta' Novembru tas-sena elfejn u erbgħa.
      Gedaan te Brussel, de tweeëntwintigste november tweeduizendvier.
      Sporządzono w Brukseli dnia dwudziestego drugiego listopada roku dwutysięcznego czwartego.
      Feito em Bruxelas, em vinte e dois de Novembro de dois mil e quatro.
      V Bruseli dvadsiatehodruhého novembra dvetisícštyri.
      V Bruslju, dvaindvajsetega novembra leta dva tisoč štiri.
      Tehty Brysselissä kahdentenakymmenentenätoisena päivänä marraskuuta vuonna kaksituhattaneljä.
      Som skedde i Bryssel den tjugoandra november tjugohundrafyra.
      Sastavljeno u Briselu, dana 22.11.2004.
      Sačinjeno u Briselu, dana 22.11.2004.
      Састављено у Бриселу, дана 22.11.2004.

         Por la Comunidad Europea
         Za Evropské společenstvi
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Τια τηυ Ευρωπαϊκή Κοιυότητα
         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
         På Europeiska gemenskapens vägnar
         Za Europsku zajednicu
         Za Europsku zajednicu
         За Европску заједницу

         Za Vijeće ministara Bosne i Hercegovine
         Za Vijeće ministara Bosne i Hercegovine
         За Савјет министара Босне и Херцеговине

   ANNEX
   LIST OF RUNNING COMMUNITY PROGRAMMES REFERRED TO IN ARTICLE 1

               —

               Combating discrimination (2001 to 2006) (1)

               —

               Combating social exclusion (2002 to 2006) (2)

               —

               Community actions in support of consumer policy (2004 to 2007) (3)

               —

               Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004 to 2006) (4)

               —

               Community action programme to promote active European citizenship (2004 to 2006) (5)

               —

               Community action in the field of public health (2003 to 2008) (6)

               —

               Culture 2000 (2000 to 2006) (7)

               —

               Customs (2003 to 2007) (8)

               —

               Daphne II (2004 to 2008) (9)

               —

               eContent Plus (2004 to 2008) (10)

               —

               eLearning (2004 to 2006) (11)

               —

               Erasmus Mundus (2004 to 2008) (12)

               —

               Fiscalis (2003 to 2007) (13)

               —

               Gender equality (2001 to 2006) (14)

               —

               Hercule (2004 to 2006) (15)

               —

               Intelligent Energy Europe (2003 to 2006) (16)

               —

               Life (2000 to 2006) (17)

               —

               Leonardo da Vinci II (2000 to 2006) (18)

               —

               Marco Polo (2003 to 2010) (19)

               —

               Media Plus (20)/Media Training (21) (2001 to 2006)

               —

               Safer Internet plus (2005 to 2008) (22)

               —

               Sixth RTD framework programme (2002 to 2006) (23)

               —

               Socrates II (2000 to 2006) (24)

               —

               Youth (2000 to 2006) (25)

      (1)  See Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (OJ L 303, 2.12.2000, p. 23).

      (2)  See Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion (OJ L 10, 12.1.2002, p. 1).

      (3)  See Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 (OJ L 5, 9.1.2004, p. 1).

      (4)  See Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (OJ L 138, 30.4.2004, p. 31).

      (5)  See Council Decision 2004/100/EC of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation) (OJ L 30, 4.2.2004, p. 6).

      (6)  See Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003 to 2008) (OJ L 271, 9.10.2002, p. 1).

      (7)  See Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme (OJ L 63, 10.3.2000, p. 1) and Decision No 626/2004/EC of the European Parliament and of the Council of 31 March 2004 amending Decision No 508/2000/EC establishing the Culture 2000 programme (OJ L 99, 3.4.2004, p. 3).

      (8)  See Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007) (OJ L 36, 12.2.2003, p. 1).

      (9)  See Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (OJ L 143, 30.4.2004, p. 1).

      (10)  Not yet adopted — see COM(2004) 96 final, 2004/0025 (COD).

      (11)  See Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (eLearning Programme) (OJ L 345, 31.12.2003, p. 9).

      (12)  See Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 establishing a programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008) (OJ L 345, 31.12.2003, p. 1).

      (13)  See Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 2003 to 2007) (OJ L 341, 17.12.2002, p. 1).

      (14)  See Council Decision No 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001 to 2005) (OJ L 17, 19.1.2001, p. 22).

      (15)  See Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community’s financial interests (Hercule programme) (OJ L 143, 30.4.2004, p. 9).

      (16)  See Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multiannual programme for action in the field of energy: ‘Intelligent Energy — Europe’ (2003 to 2006) (OJ L 176, 15.7.2003, p. 29).

      (17)  See Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning the Financial Instrument for the Environment (LIFE) (OJ L 192, 28.7.2000, p. 1) as amended by Regulation (EC) No 1682/2004 (OJ L 308, 5.10.2004, p. 1).

      (18)  See Council Decision No 1999/382/EC of 26 April 1999 establishing the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (OJ L 146, 11.6.1999, p. 33).

      (19)  See Regulation (EC) No 1382/2003 of the European Parliament and of the Council of 22 July 2003 on the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo Programme) (OJ L 196, 2.8.2003, p. 1).

      (20)  See Corrigendum to Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus-Development, Distribution and Promotion) (2001 to 2005) (OJ L 336 of 30.12.2000, p. 82) (OJ L 13, 17.1.2001, p. 34) as amended by Decision No 846/2004/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 4).

      (21)  See Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001 to 2005) (OJ L 26, 27.1.2001, p. 1) as amended by Decision No 845/2004 (OJ L 157, 30.4.2004, p. 1).

      (22)  Not yet adopted — see COM(2004) 91 final, 2004/0023 (COD).

      (23)  See Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) (OJ L 232, 29.8.2002, p. 1).

      (24)  See Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing the second phase of the Community action programme in the field of education ‘Socrates’ (OJ L 28, 3.2.2000, p. 1).

      (25)  See Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing the ‘Youth’ Community action programme (OJ L 117, 18.5.2000, p. 1).


title: 2008/127/EC: Council Decision of 13 November 2007 concerning the provisional application of Protocol 8 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, on the general principles for the participation of Montenegro in Community programmes

text:
               19.2.2008

               EN

               Official Journal of the European Union

               L 43/9

         COUNCIL DECISION
   of 13 November 2007
   concerning the provisional application of Protocol 8 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, on the general principles for the participation of Montenegro in Community programmes
   (2008/127/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof in conjunction with Article 300(2), first subparagraph, first and second sentences,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (hereafter the Agreement) was signed on 15 October 2007, subject to its conclusion at a later date.

               (2)

               Protocol 8 to the Agreement takes over, in substance, the content, with respect to Montenegro, of the Framework Agreement between the European Community and Serbia and Montenegro on the general principles for the participation of Serbia and Montenegro in Community programmes (1), which the Council concluded by Decision 2005/527/EC (2).

               (3)

               Due to the independence of Montenegro, this Framework Agreement is no longer applicable with respect to Montenegro. Montenegro should, however, continue to have the possibility, in the same way as all other Western Balkan countries, of participating in Community programmes.

               (4)

               It is therefore necessary to provide for provisional application of Protocol 8 to the Agreement, pending the completion of the procedures required to bring the Agreement into force,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the Community and the Republic of Montenegro, which provides for the provisional application of Protocol 8 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, on the general principles for the participation of Montenegro in Community programmes, is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision, as well as the text of Protocol 8.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

      Done at Brussels, 13 November 2007.

            For the Council

            The President

         F. TEIXEIRA DOS SANTOS

      (1)  OJ L 192, 22.7.2005, p. 29.

      (2)  OJ L 192, 22.7.2005, p. 84.
    ---documentbreak---

               19.2.2008

               EN

               Official Journal of the European Union

               L 43/11

         AGREEMENT
   in the form of an exchange of letters concerning the provisional application of Protocol 8 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, on the general principles for the participation of Montenegro in Community programmes
   Sir,
   I have the honour to refer to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, signed on 15 October 2007, and in particular to Protocol 8 on the general principles for the participation of Montenegro in Community programmes.
   Pending the entry into force of the said Stabilisation and Association Agreement, I have the honour to propose to you that the European Community and the Republic of Montenegro apply provisionally as from today Protocol 8 on the general principles for the participation of Montenegro in Community programmes.
   Pending the entry into force of the Stabilisation and Association Agreement, I have the honour to propose to you that the review of the implementation of Protocol 8, by derogation from the modalities set out in Article 7 of that Protocol, be executed by the Contracting Parties.
   If the above is acceptable to the Republic of Montenegro, this letter and your confirmation shall together constitute an agreement between the European Community and the Republic of Montenegro.
   Please accept, Sir, the assurance of our highest appreciation.

      On behalf of the European Community
      Съставено в Брюксел на
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles den
      Geschehen zu Brüssel am
      Brüssel,
      'Εγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje
      Kelt Brüsszelben,
      Magħmula fi Brussell,
      Gedaan te Brussel,
      Sporzÿdzono w Brukseli, dnia
      Feito em Bruxelas,
      Încheiat la Bruxelles,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den
      Sačinjeno u Briselu

         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-Komunità 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

      ANNEX
      PROTOCOL 8
      ON THE GENERAL PRINCIPLES FOR THE PARTICIPATION OF MONTENEGRO IN COMMUNITY PROGRAMMES
      Article 1
      Montenegro shall be allowed to participate in the following Community programmes:

                  (a)

                  the programmes which are listed in the Annex to the Framework Agreement between the European Community and Serbia and Montenegro on the general principles for the participation of Serbia and Montenegro in Community programmes (1),

                  (b)

                  programmes established or renewed after 27 July 2005 and which contain an opening clause which foresees the participation of Montenegro.

            Article 2
      Montenegro shall contribute financially to the general budget of the European Union corresponding to the specific programmes in which it participates.
      Article 3
      Montenegro’s representatives shall be allowed to take part, as observers and for the points which concern Montenegro, in the management committees responsible for monitoring the programmes to which Montenegro contributes financially.
      Article 4
      Projects and initiatives submitted by participants from Montenegro shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as are applied to Member States.
      Article 5
      The specific terms and conditions regarding the participation of Montenegro in each particular programme, in particular the financial contribution payable, will be determined by agreement, in the form of a Memorandum of Understanding, between the European Commission, acting on behalf of the Community, and Montenegro.
      If Montenegro applies for Community external assistance on the basis of Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (2) or pursuant to any similar Regulation providing for Community external assistance to Montenegro that may be adopted in future, the conditions governing the use by Montenegro of the Community assistance shall be determined in a financing agreement.
      Article 6
      The Memorandum of Understanding shall stipulate, in accordance with the Community’s Financial Regulation, that financial control or audits will be carried out by, or under the authority of, the European Commission, European Anti-Fraud Office (OLAF) and the Court of Auditors of the European Communities.
      Detailed provisions shall be made on financial control and auditing, administrative measures, penalties and recovery enabling the European Commission, OLAF and the Court of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or contractors established in the Community.
      Article 7
      No later than three years after the date of entry into force of this Agreement, and every three years thereafter, the Stabilisation and Association Council may review the implementation of this Protocol on the basis of actual participation of Montenegro in one or more Community programmes.

   Sir,
   I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:

      ‘I have the honour to refer to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, signed on 15 October 2007, and in particular to Protocol 8 on the general principles for the participation of Montenegro in Community programmes.
      Pending the entry into force of the said Stabilisation and Association Agreement, I have the honour to propose to you that the European Community and the Republic of Montenegro apply provisionally as from today Protocol 8 on the general principles for the participation of Montenegro in Community programmes.
      Pending the entry into force of the Stabilisation and Association Agreement, I have the honour to propose to you that the review of the implementation of Protocol 8, by derogation from the modalities set out in Article 7 of that Protocol, be executed by the Contracting Parties.
      If the above is acceptable to the Republic of Montenegro, this letter and your confirmation shall together constitute an agreement between the European Community and the Republic of Montenegro.’

   I am able to confirm that the Republic of Montenegro is in agreement with the contents of your letter.
   Please accept, Sir, the assurance of my highest appreciation.

      On behalf of the Republic of Montenegro
      Sačinjeno u Briselu
      Съставено в Брюксел на
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles, den
      Geschehen zu Brüssel am
      Brüssel,
      'Εγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje
      Kelt Brüsszelben,
      Magħmula fi Brussell,
      Gedaan te Brussel,
      Sporzÿdzono w Brukseli, dnia
      Feito em Bruxelas,
      Încheiat la Bruxelles,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den

         Za Republiku Crnu Goru
         За Република Черна гора
         Por la República de Montenegro
         Za Republiku Černá Hora
         For Republikken Montenegro
         Für die Republik Montenegro
         Montenegro Vabariigi nimel
         Για τη Δημοκρατία του Μαυροβουνίου
         For the Republic of Montenegro
         Pour la République du Monténégro
         Per la Repubblica del Montenegro
         Melnkalnes Republikas vārdā
         Juodkalnijos Respublikos vardu
         A Montenegrói Köztársaság részéről
         Għar-Repubblika tal-Montenegro
         Voor de Republiek Montenegro
         W imieniu Republiki Czarnogóry
         Pela República do Montenegro
         Pentru Republica Muntenegru
         Za Čiernohorskú republiku
         Za Republiko Črno goro
         Montenegron tasavallan puolesta
         För Republiken Montenegro

      (1)  OJ L 192, 22.7.2005, p. 29.

      (2)  OJ L 210, 31.7.2006, p. 82.


Avis juridique important

|

31988D0031

88/31/EEC: Council Decision of 21 December 1987 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Arab Republic of Egypt

Official Journal L 022 , 27/01/1988 P. 0009

COUNCIL DECISION of 21 December 1987 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Arab Republic of Egypt (88/31/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,  Having regard to the recommendation from the Commission,  Having regard to the assent of the European Parliament (1),  Whereas the Protocol on financial and technical cooperation betweee European Economic Community and the Arab Republic of Egypt, should be approved,  HAS DECIDED AS FOLLOWS:     Article 1  The Protocol on financial and technical cooperation between the European Economic Community and the Arab Republic of Egypt is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.   Article 2  The President of the Council shall give the notification provided for in Article 21 of the Protocol (2).   Article 3 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.    Done at Brussels, 21 December 1987.  For the Council  The President  B. HAARDER


Avis juridique important

|

31996D0291

96/291/EC: Council Decision of 29 April 1996 on the conclusion of an Agreement in the form of an Exchange of Letters on the shortening by one year of the duration of the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco

Official Journal L 111 , 04/05/1996 P. 0018 - 0018

COUNCIL DECISION of 29 April 1996 on the conclusion of an Agreement in the form of an Exchange of Letters on the shortening by one year of the duration of the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco (96/291/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43 in conjunction with the first sentence of Article 228 (2) and the first subparagraph of Article 228 (3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Whereas Article 15 (2) of the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco (1), concluded in 1992 for a period of four years, provides for a mid-term review;Whereas in the framework of that review the two parties agreed on 13 October 1994 to limit the duration of the said Agreement to midnight on 30 April 1995 and to enter into the necessary negotiations at the earliest opportunity with a view to the possible conclusion of a new agreement for a period of three years from 1 May 1995,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters on the shortening by one year of the duration of the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community.Done at Luxembourg, 29 April 1996.For the CouncilThe PresidentW. LUCHETTI(1) OJ No L 407, 31. 12. 1992, p. 3.


title: 2010/321/: Council Decision of 7 June 2010 authorising Member States to ratify, in the interests of the European Union, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention No 188)

text:
               11.6.2010

               EN

               Official Journal of the European Union

               L 145/12

         COUNCIL DECISION
   of 7 June 2010
   authorising Member States to ratify, in the interests of the European Union, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention No 188)
   (2010/321/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48 in conjunction with Article 218(6)(a)(v) and the first subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               Convention No 188 of the International Labour Organisation (hereinafter referred to as ‘the Convention’ and ‘the ILO’ respectively) on work in the fishing sector was adopted on 14 June 2007 at the International Labour Conference of the ILO, which convened in Geneva and at which all delegations of the European Union Member States voted in favour of adoption.

               (2)

               The Convention represents a major input to the fishing sector at international level in promoting decent work for fishers and fairer competition conditions for fishing vessel owners and it is therefore desirable that its provisions should be implemented as soon as possible.

               (3)

               The European Parliament, the Council and the Commission are promoting the ratification of international labour conventions that are classified by the ILO as up-to-date as a contribution to the European Union’s efforts to promote decent work for all both inside and outside the Union.

               (4)

               In accordance with the ILO Constitution, the adoption of any Convention or Recommendation by the Conference, or the ratification of any Convention by any Member, is deemed in no case to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the Convention or Recommendation.

               (5)

               Some provisions of the Convention fall within the exclusive competence of the Union as regards the coordination of social security schemes.

               (6)

               The Union cannot ratify the Convention, as only states can be parties thereto.

               (7)

               The Council should therefore authorise the Member States that are bound by the rules of the Union on the coordination of social security schemes based on Article 48 of the Treaty on the Functioning of the European Union to ratify the Convention in the interests of the Union, under the conditions laid down in this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   Member States are hereby authorised to ratify, for the parts falling under the exclusive competence of the Union, the Work in Fishing Convention, 2007, of the International Labour Organisation, adopted on 14 June 2007.
   Article 2
   Member States should make efforts to take the necessary steps to deposit their instruments of ratification of the Convention with the Director-General of the International Labour Office as soon as possible, preferably before 31 December 2012. The Council will review the progress of the ratification before January 2012.
   Article 3
   This Decision is addressed to the Member States.

      Done at Luxembourg, 7 June 2010.

            For the Council

            The President

         C. CORBACHO

      (1)  Consent of 5 May 2010 (not yet published in the Official Journal) confirming the Opinion of 14 January 2009 (not yet published in the Official Journal).


title: Council Decision 2008/669/CFSP of 16 June 2008 concerning the conclusion of the Agreement between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau

text:
               14.8.2008

               EN

               Official Journal of the European Union

               L 219/65

         COUNCIL DECISION 2008/669/CFSP
   of 16 June 2008
   concerning the conclusion of the Agreement between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 19 November 2007, the Council considered that a European Security and Defence Policy (ESDP) action in the field of security sector reform (SSR) in Guinea-Bissau would be appropriate, consistent with, and complementary to, European Development Fund and other Community activity.

               (2)

               Following a second EU fact-finding mission deployed in October 2007, on 10 December 2007, the Council approved the General Concept for potential ESDP action in support of Guinea-Bissau SSR.

               (3)

               On 12 February 2008, the Council adopted Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU) (1).

               (4)

               An agreement on the status of the European Union mission in support of security sector reform in the Republic of Guinea-Bissau has been negotiated between the European Union and the Republic of Guinea-Bissau.

               (5)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision (2).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union (3).
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 16 June 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 40, 14.2.2008, p. 11.

      (2)  See page 66 of this Official Journal.

      (3)  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.
    ---documentbreak---

               14.8.2008

               EN

               Official Journal of the European Union

               L 219/66

         TRANSLATION
   AGREEMENT
   between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau
   THE EUROPEAN UNION, hereinafter referred to as ‘EU’,
   of the one part, and
   THE REPUBLIC OF GUINEA-BISSAU, hereinafter referred to as ‘the Host State’,
   of the other part,
   Together hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:
   the Exchange of Letters between the Secretary-General/High Representative for the Common Foreign and Security Policy, Javier Solana, and His Excellency the President of the Republic of Guinea-Bissau, João Bernardo Vieira, concerning a possible European Union mission in support of security sector reform in the Republic of Guinea-Bissau,
   the Council Joint Action 2008/112/CFSP of 12 February 2008 on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR Guinea-Bissau) (1),
   that this Agreement will not affect the Parties' rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   This Agreement shall apply to the European Union mission and its personnel.
   2.   This Agreement shall apply only within the territory of the Host State.
   3.   For the purpose of this Agreement:

               (a)

               ‘EU SSR Guinea-Bissau’ shall mean the EU mission in the Host State established by Joint Action 2008/112/CFSP, including its components, forces, units, headquarters and personnel deployed in the territory of the Host State and assigned to EU SSR Guinea-Bissau;

               (b)

               ‘Head of Mission’ shall mean the Head of Mission of EU SSR Guinea-Bissau, appointed by the Council of the European Union;

               (c)

               ‘EU SSR personnel’ shall mean the Head of Mission, personnel seconded by EU Member States and EU institutions and non-EU States invited by the EU to participate in EU SSR Guinea-Bissau, international staff recruited on a contractual basis by EU SSR Guinea-Bissau deployed for the preparation, support and implementation of the mission, and personnel on mission for a Sending State or an EU institution in the framework of the mission. It shall not include commercial contractors or personnel employed locally;

               (d)

               ‘headquarters’ shall mean the EU SSR Guinea-Bissau main headquarters in Bissau;

               (e)

               ‘Sending State’ shall mean any EU Member State or non-EU State that has seconded personnel to EU SSR Guinea-Bissau;

               (f)

               ‘facilities’ shall mean all buildings, premises and land required for the conduct of the activities of EU SSR Guinea-Bissau, as well as for the accommodation of EU SSR Guinea-Bissau personnel;

               (g)

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

         Article 2
   General provisions
   1.   EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the mission.
   2.   EU SSR Guinea-Bissau shall be autonomous with regard to the execution of its functions under the present Agreement. The Host State shall respect the unitary and international nature of EU SSR Guinea-Bissau.
   3.   The Head of Mission shall regularly inform the Government of the Host State of the number of EU SSR Guinea-Bissau personnel stationed within the Host State’s territory.
   Article 3
   Identification
   1.   EU SSR Guinea-Bissau personnel shall be provided with and identified by an EU SSR Guinea-Bissau identification card, which they shall be obliged to carry with them at all times. The relevant authorities of the Host State shall be provided with a specimen of an EU SSR Guinea-Bissau identification card.
   2.   Vehicles and other means of transport of EU SSR Guinea-Bissau shall bear distinctive EU SSR Guinea-Bissau identification markings and/or registration plates, which shall be communicated to the relevant authorities of the Host State.
   3.   EU SSR Guinea-Bissau shall have the right to display the flag of the EU at its main headquarters and elsewhere, alone or together with the flag of the Host State, as decided by the Head of Mission. National flags or insignia of the constituent national elements of EU SSR Guinea-Bissau may be displayed on EU SSR Guinea-Bissau premises, vehicles and uniforms, as decided by the Head of Mission.
   Article 4
   Border crossing and movement within the Host State’s territory
   1.   EU SSR Guinea-Bissau personnel, assets and means of transport shall cross the border of the Host Party at official border crossings, sea ports and via international air corridors.
   2.   The Host Party shall facilitate the entry into and the departure from the territory of the Host State for EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel. Except for passport control on entry into and departure from the territory of the Host State, EU SSR Guinea-Bissau personnel, with proof of membership of the mission, shall be exempt from passport, customs control, visa and immigration regulations and any form of immigration inspection within the Host State’s territory.
   3.   EU SSR Guinea-Bissau personnel shall be exempt from the regulations of the Host State governing the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory.
   4.   EU SSR Guinea-Bissau assets and means of transport entering, transiting or exiting the Host State’s territory in support of that mission shall be exempt from any requirement to produce inventories or other customs documentation and from any inspection.
   5.   Vehicles and aircraft used in support of the mission shall not be subject to local licensing or registration requirements. Relevant international standards and regulations shall continue to apply. If required, supplementary arrangements as referred to in Article 19 shall be concluded.
   6.   EU SSR Guinea-Bissau personnel may drive motor vehicles, navigate vessels and operate aircraft within the territory of the Host State provided they have valid national or international driving licences, ship’s master’s certificates or pilot licences, as appropriate. The Host State shall accept as valid, without tax or fee, driving licences or permits carried by EU SSR Guinea-Bissau personnel.
   7.   EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel together with their vehicles, aircraft or any other means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the territory of the Host State, including its territorial sea and airspace. If necessary, supplementary arrangements may be concluded in accordance with Article 19.
   8.   For the purposes of the mission, EU SSR Guinea-Bissau personnel, and local personnel employed by EU SSR Guinea-Bissau when travelling on official duties, may use roads, bridges, ferries, airports and ports without payment of duties, fees, tolls, taxes or other charges. EU SSR Guinea-Bissau shall not be exempt from reasonable charges for services requested and received under the conditions that apply to those provided to the Host State’s personnel.
   Article 5
   Privileges and immunities of EU SSR Guinea-Bissau granted by the Host State
   1.   EU SSR Guinea-Bissau’s premises shall be inviolable. The Host State’s agents shall not enter them without the consent of the Head of Mission.
   2.   EU SSR Guinea-Bissau’s premises, their furnishings and other assets therein as well as their means of transport shall be immune from search, requisition, attachment or execution.
   3.   EU SSR Guinea-Bissau, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.
   4.   EU SSR Guinea-Bissau’s archives and documents shall be inviolable at any time, wherever they may be.
   5.   The official correspondence of EU SSR Guinea-Bissau shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.
   6.   In respect of purchased and imported goods, services provided and premises used by EU SSR Guinea-Bissau for the purposes of the mission, EU SSR Guinea-Bissau shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature. EU SSR Guinea-Bissau shall not be exempt from dues, taxes or charges that represent payment for services rendered.
   7.   The Host State shall permit the entry of articles for the mission and grant them exemption from all customs duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services rendered.
   Article 6
   Privileges and immunities of EU SSR Guinea-Bissau personnel granted by the Host State
   1.   EU SSR Guinea-Bissau personnel shall not be liable to any form of arrest or detention.
   2.   Papers, correspondence and property of EU SSR Guinea-Bissau personnel shall enjoy inviolability, except in case of measures of execution which are permitted pursuant to paragraph 6.
   3.   EU SSR Guinea-Bissau personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances. The immunity from criminal jurisdiction of EU SSR Guinea-Bissau personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be express.
   4.   EU SSR Guinea-Bissau personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of spoken or written utterances and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EU SSR Guinea-Bissau personnel before any Host State court, the Head of Mission and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the Head of Mission and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was committed by EU SSR Guinea-Bissau personnel in the exercise of their official functions. If the act was committed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 16 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the Head of Mission and the competent authority of the Sending State or EU institution shall be binding upon the jurisdiction of the Host State, which may not contest it.
   The initiation of proceedings by EU SSR Guinea-Bissau personnel shall preclude them from invoking immunity from jurisdiction in respect of any claim/appeal directly connected with the principal complaint.
   5.   EU SSR Guinea-Bissau personnel are not obliged to give evidence as witnesses.
   6.   No measures of execution may be taken in respect of EU SSR Guinea-Bissau personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EU SSR Guinea-Bissau personnel, certified by the Head of Mission to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings EU SSR Guinea-Bissau personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   7.   The immunity of EU SSR Guinea-Bissau personnel from the jurisdiction of the Host State does not exempt them from the jurisdictions of the respective Sending States.
   8.   EU SSR Guinea-Bissau personnel shall, with respect to services rendered for EU SSR Guinea-Bissau, be exempt from social security provisions which may be in force in the Host State.
   9.   EU SSR Guinea-Bissau personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EU SSR Guinea-Bissau or the Sending States, as well as on any income received from outside the Host State.
   10.   The Host State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, on articles for the personal use of EU SSR Guinea-Bissau personnel. The Host State shall also allow the export of such articles. For goods and services purchased on the domestic market, EU SSR Guinea-Bissau personnel shall be exempt from value added tax and taxes according to the laws of the Host State.
   11.   The personal baggage of EU SSR Guinea-Bissau personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of EU SSR Guinea-Bissau personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Host State. Such inspection shall be conducted only in the presence of the EU SSR Guinea-Bissau personnel concerned or of an authorised representative of EU SSR Guinea-Bissau.
   Article 7
   Personnel employed locally
   Personnel employed locally shall enjoy privileges and immunities only to the extent admitted by the Host State. However, the Host State shall exercise its jurisdiction over that personnel in such a manner as not to interfere unduly with the performance of the functions of the mission.
   Article 8
   Criminal jurisdiction
   The competent authorities of a Sending State shall have the right to exercise within the territory of the Host State all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all EU SSR Guinea-Bissau personnel subject to the relevant law of the Sending State.
   Article 9
   Security
   1.   The Host State, through its own capabilities, shall assume full responsibility for the security of EU SSR Guinea-Bissau personnel.
   2.   To that end, the Host State shall take all necessary measures for the protection, safety and security of EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel. Any specific provisions proposed by the Host State shall be agreed with the Head of Mission before implementation. The Host State shall permit and support free of any charge activities relating to the medical evacuation of EU SSR Guinea-Bissau personnel. If required, supplementary arrangements as referred to in Article 19 shall be concluded.
   Article 10
   Uniform
   1.   EU SSR Guinea-Bissau personnel shall wear national uniform or civilian dress with EU SSR Guinea-Bissau identification.
   2.   The wearing of uniform shall be subject to rules issued by the Head of Mission.
   Article 11
   Cooperation and access to information
   1.   The Host State shall provide full cooperation and support to EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel.
   2.   If requested and necessary for the accomplishment of the EU SSR Guinea-Bissau mission, the Host State shall provide EU SSR Guinea-Bissau personnel with effective access to:

               (a)

               buildings, premises, locations and official vehicles within the control of the Host State;

               (b)

               documents, materials and information within its control relevant to the mandate of EU SSR Guinea-Bissau.

         If required, supplementary arrangements as referred to in Article 19 shall be concluded.
   3.   The Head of Mission and the Host State shall consult regularly and take appropriate measures to ensure close and reciprocal liaison at every appropriate level. The Host State may appoint a liaison officer to EU SSR Guinea-Bissau.
   Article 12
   Host State support and contracting
   1.   The Host State agrees, if requested, to assist EU SSR Guinea-Bissau in finding suitable premises.
   2.   The Host State shall provide free of charge, if required and available, premises owned by the Host State and premises owned by private legal entities, in so far as such premises are necessary for the conduct of administrative and operational activities of EU SSR Guinea-Bissau.
   3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment and execution of and support for the mission, including co-location premises and equipment for EU SSR Guinea-Bissau experts.
   4.   The Host State’s assistance and support of the mission shall be provided under the same conditions as the assistance and support given to the Host State’s personnel.
   5.   The law applicable to contracts concluded by EU SSR Guinea-Bissau in the Host State shall be determined by the respective contracts.
   6.   The contract may stipulate that the dispute settlement procedure referred to in Article 16(3) and (4) shall be applicable to disputes arising from the application of the contract.
   Article 13
   Change to premises
   EU SSR Guinea-Bissau shall be authorised to construct, alter or otherwise modify premises as necessary for its operational requirements.
   No compensation shall be requested from EU SSR Guinea-Bissau by the Host State for those constructions, alterations or modifications.
   Article 14
   Deceased EU SSR Guinea-Bissau personnel
   1.   The Head of Mission shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EU SSR Guinea-Bissau personnel, as well of their personal property.
   2.   No autopsy shall be performed on any deceased members of EU SSR Guinea-Bissau without the agreement of the Sending State, and the presence of a representative of EU SSR Guinea-Bissau and/or the State concerned.
   3.   The Host State and EU SSR Guinea-Bissau shall cooperate to the fullest extent possible with a view to early repatriation of deceased EU SSR Guinea-Bissau personnel.
   Article 15
   Communications
   1.   EU SSR Guinea-Bissau may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum free of charge.
   2.   EU SSR Guinea-Bissau shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EU SSR Guinea-Bissau premises, including the laying of cables and land lines for the purpose of the operation.
   3.   Within its own premises EU SSR Guinea-Bissau may make the arrangements necessary for the conveyance of mail addressed to and from EU SSR Guinea-Bissau and/or EU SSR Guinea-Bissau personnel.
   Article 16
   Claims for death, injury, damage and loss
   1.   EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel shall not be liable for any damage to or loss of civilian or government property which are related to operational necessities or caused by activities in connection with civil disturbances or protection of EU SSR Guinea-Bissau.
   2.   With a view to reaching an amicable settlement, claims for damage to or loss of civilian or government property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EU SSR Guinea-Bissau property, shall be forwarded to EU SSR Guinea-Bissau via the competent authorities of the Host State, as far as claims brought by legal or natural persons from the Host State are concerned, or to the competent authorities of the Host State, as far claims brought by EU SSR Guinea-Bissau are concerned.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EU SSR Guinea-Bissau and representatives of the Host State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall:

               (a)

               for claims up to and including EUR 40 000, be settled by diplomatic means between the Host State and EU representatives;

               (b)

               for claims above the amount referred to in point (a), be submitted to an arbitration tribunal, the decisions of which shall be binding.

         5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EU SSR Guinea-Bissau and the third one being appointed jointly by the Host State and EU SSR Guinea-Bissau. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EU SSR Guinea-Bissau on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Communities.
   6.   An administrative arrangement shall be concluded between EU SSR Guinea-Bissau and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.
   Article 17
   Liaison and disputes
   1.   All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of EU SSR Guinea-Bissau and the Host State’s competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and EU representatives.
   Article 18
   Other provisions
   1.   Whenever this Agreement refers to the privileges, immunities and rights of EU SSR Guinea-Bissau and of EU SSR Guinea-Bissau personnel, the Government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State local authorities.
   2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to an EU Member State or to any other State contributing to EU SSR Guinea-Bissau under other agreements.
   Article 19
   Implementing arrangements
   For the purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the Head of Mission and the Host State’s administrative authorities.
   Article 20
   Entry into force and termination
   1.   This Agreement shall enter into force on the day on which it is signed and shall remain in force until the date of departure of the last EU SSR Guinea-Bissau personnel, as notified by EU SSR Guinea-Bissau.
   2.   Notwithstanding paragraph 1, the provisions contained in Articles 4(8), 5(1) to (3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(8) to (10), 13 and 16 shall be deemed to have applied from the date on which the first EU SSR Guinea-Bissau personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
   3.   This Agreement may be amended by written agreement between the Parties.
   4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at Bissau, on 11 July 2008, in two original versions in the Portuguese language.

            For the European Union

         J.-F. PAROT

            For the Republic of Guinea-Bissau

         M.-C. NOBRE CABRAL

      (1)  OJ L 40, 14.2.2008, p. 11.


Important legal notice

|

31987Y1009(01)

Decision No 132 of 23 April 1987 concerning the interpretation of Article 40 (3) (a) (ii) of Council Regulation (EEC) No 1408/71 of 14 June 1971

Official Journal C 271 , 09/10/1987 P. 0003 - 0003

		Decision No 132of 23 April 1987concerning the interpretation of Article 40 (3) (a) (ii) of Council Regulation (EEC) No 1408/71 of 14 June 1971(87/C 271/03)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations;Having regard to Article 40 of Regulation (EEC) No 1408/71 relating to the general provisions governing invalidity benefits for employed and self-employed persons subject either exclusively to legislations under which the amount of invalidity benefit is dependent upon the length of insurance periods or residence periods or to legislations of this type and legislations under which the amount of invalidity benefit is not dependent on the length of insurance periods;Whereas for the determination of the right to invalidity benefit under the legislation of a Member State making the grant of these benefits conditional upon the person concerned having received cash sickness benefit or been unfit for work for a specific period, the competent institutions of this Member State are bound under Article 40 (3) of Regulation (EEC) No 1408/71 to regard this condition as being fulfilled where a worker has during the corresponding period received "invalidity benefits" under the legislation of another Member State;Whereas a literal interpretation of the words "invalidity benefits" appearing in Article 40 (3) (a) (ii) of Regulation (EEC) No 1408/71 may lead to the exclusion of other benefits that are not called invalidity benefits, such as, in particular, flexible or anticipatory retirement pensions, even though the latter are granted to a person who is an invalid, which would be counter to the intention of the drafters of this Article;Whereas the term "invalidity benefits" appearing in Article 40 (3) (a) (ii) of Regulation (EEC) No 1408/71 should be understood as meaning "all benefits within the meaning of Chapters 2 and 3 of Title III of the said Regulation granted to a person who is an invalid".Acting in accordance with the provisions laid down in Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. The words "invalidity benefits" appearing in Article 40 (3) (a) (ii) of Regulation (EEC) No 1408/71 refer to all benefits, within the meaning of Chapters 2 and 3 of Title III of the said Regulation, granted to a person who is an invalid.2. This Decision shall be published in the Official Journal of the European Communities. It shall be applicable from the 20th day following its publication.The Chairman of the Administrative CommissionF. Cassiers--------------------------------------------------


Avis juridique important

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41992D0394

92/394/ECSC: Council Decision of the Representatives of the Governments of the Member States, meeting within the Council, of 23 July 1992 concerning the temporary suspension of customs duties applicable to imports of ECSC products originating in Iceland

Official Journal L 214 , 30/07/1992 P. 0036 - 0036

COUNCIL DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,  of 23 July 1992  concerning the temporary suspension of customs duties applicable to imports of ECSC products originating in Iceland   (92/394/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 1  As from 1 August 1992 to 31 January 1993, Member States of the European Coal and Steel Community shall suspend their customs duties applicable to imports of products covered by the Treaty establishing the European Coal and Steel Community  originating in Iceland withing the meaning of Protocol No 3 of the Agreement between the European Economic Community and the Republic of Iceland signed in Brussels on 22 July 1972 (1) and which entered into force on 1 July 1973.  Article 2  Member States shall take the measures necessary to implement this Decision. Done at Brussels, 23 July 1992. The President  John COPE   (1) OJ No L 301, 31. 12. 1972, p. 2.


Avis juridique important

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31992D0267

92/267/EEC: Commission Decision of 21 February 1992 on the establishment of overall quantities of food aid for 1992 and a list of products to be supplied as food aid

Official Journal L 138 , 21/05/1992 P. 0032 - 0034

COMMISSION DECISION  of 21 February 1992  on the establishment of overall quantities of food aid for 1992 and a list of products to be supplied as food aid  (92/267/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last extended by Regulation (EEC) No 1930/90 (2), and in particular Article 5 thereof,  Whereas, in order to implement Regulation (EEC) No 3972/86, it is necessary to lay down the total quantities of each product to be supplied under the food aid operations for 1992, and to specify the products involved;  Whereas the overall quantities of food aid for 1992, should be decided and food aid operations implemented on the basis of the budgetary resources available;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Food Aid Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  1. The total quantities of each product to be supplied under the 1992 food-aid programme to certain developing countries and certain organizations are set out in Annex I.  2. The products which may be supplied as food aid are listed in Annex II. Done at Brussels, 21 February 1992. For the Commission  Manuel MARÍN  Vice-President   (1) OJ No L 370, 30. 12. 1986, p. 1; corrigendum OJ No L 42, 12. 2. 1987, p. 54. (2) OJ No L 174 7. 7. 1990, p. 6.    ANNEX I Quantities of food aid to be made available in 1992:  - Cereals:  (a) an initial instalment of 927 700 tonnes;  (b) a second instalment of up to 457 400 tonnes,  - Milk powder and equivalent products: a maximum of 53 000 tonnes,  - Butteroil: a maximum of 6 800 tonnes (1),  - Sugar: a maximum of 11 540 tonnes,  - Vegetable oil (seed oil and olive oil) (1): 70 000 tonnes,  - Other products: a maximum of ECU 48 million.    (1) Any quantities of butteroil not required could, if necessary, be delivered as vegetable oil on the basis of equivalent value.    ANNEX II      CN code  (indicative)  Description       0202  Meat of bovine animals, frozen  ex 0203  Meat of swine, frozen  0210  Meat of bovine animals and of swine, salted, in brine, dried or smoked  0305  Fish, dried, salted or in brine; smoked fish, whether or not cooked  before or during the smoking process; fish-meal fit for human consumption  ex 0402  Milk and cream, in powder, granules or other solid forms, or milk substitutes  ex 0405 00  Butteroil  0406  Cheese and curd  0713  Dried leguminous vegetables, shelled,  whether or not skinned or split  0806 20  Dried grapes  ex Chapter 10  Cereals  1101  1102  Cereal flours  1103  Cereal groats, meal and pellets  1104  Cereal grains otherwise worked, except rice of CN code 1006; germ of cereals, whole, rolled, flaked or ground  1106 10 00  Flour and meal of the dried leguminous vegetables of CN code  0713  ex 1202  Groundnuts  1509  Olive oil  ex 1507  ex 1508  ex 1511  ex 1512  ex 1513  ex 1514  ex 1515  Vegetable oils and their fractions, whether or not refined, but not chemically modified, for human consumption  1602  Other prepared or preserved meat, meat offal or blood  ex 1604 13 to  1604 19  Prepared or preserved fish: sardines tunas; mackerel; anchovies; other  1701  Cane or beet sugar and chemically pure sucrose, in solid form  ex 1901  Food preparations of flour, meal, etc., not elsewhere specified or included  ex 1902  Uncooked  pasta, not stuffed or otherwise prepared  ex 1905  Sweet biscuits; waffles and wafers  2002  Tomatoes prepared or preserved otherwise than by vinegar or acetic acid  ex 2106  Food preparations not elsewhere specified or included: protein concentrates  and textured protein substances derived from milk  -  Fresh products to be bought locally in developing countries, such as fruit and vegetables (1)    (1) Non-governmental organizations and international bodies only, priority to be given to  refugees.


title: Council Decision of 7 October 2013 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               31.10.2013

               EN

               Official Journal of the European Union

               C 317/3

         COUNCIL DECISION
   of 7 October 2013
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   2013/C 317/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Cypriot government,
   Having regard to the nomination submitted by the Latvian government,
   Whereas:

               (1)

               By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

               (2)

               A member's seat is available for Cyprus on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr George PAPAGEORGIOU.

               (3)

               A member's seat is available for Latvia on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr Janis GAIGALS.

               (4)

               The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following persons are hereby appointed as members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:

      GOVERNMENT REPRESENTATIVES:

               CYPRUS

               Mr George PANAYIDES

               LATVIA

               Ms Sanda LIEPIŅA

      Done at Luxembourg, 7 October 2013.

            For the Council

            The President

         J. BERNATONIS

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 228, 31.7.2012, p. 3.