title: 2011/505/EU: Council Decision of 6 December 2010 on the position to be taken by the European Union in the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons as regards the replacement of Annex II to that Agreement on the coordination of social security schemes

text:
               17.8.2011

               EN

               Official Journal of the European Union

               L 209/1

         COUNCIL DECISION
   of 6 December 2010
   on the position to be taken by the European Union in the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons as regards the replacement of Annex II to that Agreement on the coordination of social security schemes
   (2011/505/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b), in conjunction with Article 218(9) thereof,
   Having regard to Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven agreements with the Swiss Confederation (1), and in particular Article 2 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (2) (‘the Agreement’) entered into force on 1 June 2002.

               (2)

               Article 18 of the Agreement provides that the Joint Committee may, by decision, adopt amendments to the Agreement, inter alia, to Annex II to the Agreement, dealing with the coordination of social security schemes.

               (3)

               In order to ensure the coherent and correct application of legal acts of the Union and to avoid administrative and possibly legal difficulties, Annex II to the Agreement needs to be amended to integrate new legal acts of the Union to which the Agreement does not currently refer.

               (4)

               In the interests of clarity and rationality, Annex II to the Agreement and the Protocol to that Annex should be codified.

               (5)

               The Protocol 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 applies to this Decision. The Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union also applies to this Decision.

               (6)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application. In accordance with Articles 1 and 2 of the Protocol 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.

               (7)

               The undertakings contained in the Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union are not binding on Denmark, Ireland and the United Kingdom as obligations under Union law but continue to apply as obligations arising from an undertaking between those Member States and the Swiss Confederation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the Union in the Joint Committee established under Article 14 of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons shall be based on the draft Decision of the Joint Committee set out in Annex I to this Decision.
   Article 2
   The Declaration set out in Annex II to this Decision is hereby approved and shall be made on behalf of the Union in the Joint Committee when the Joint Committee adopts its Decision referred to in Article 1.

      Done at Brussels, 6 December 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 114, 30.4.2002, p. 1.

      (2)  OJ L 114, 30.4.2002, p. 6.

      ANNEX I

         DRAFT
         DECISION No …/2010 OF THE JOINT COMMITTEE
         established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
         of …
         replacing Annex II to that Agreement on the coordination of social security schemes
         THE JOINT COMMITTEE,
         Having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons (hereinafter referred to as ‘the Agreement’), and in particular Article 18 thereof,
         Whereas:

                     (1)

                     The Agreement was signed on 21 June 1999 and entered into force on 1 June 2002.

                     (2)

                     Annex II to the Agreement on the coordination of social security schemes was last amended by Decision No 1/2006 of 6 July 2006 (1) and should now be updated to take account of the new legal acts of the European Union that have entered into force since then, in particular Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (2) and the measures adopted to implement that Regulation.

                     (3)

                     Regulation (EC) No 883/2004 has replaced Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (3).

                     (4)

                     In the interests of clarity and rationality, Annex II to the Agreement and the Protocol to that Annex should be consolidated in a legally binding version.

                     (5)

                     Annex II to the Agreement should be maintained in line with the evolution of the relevant legal acts of the European Union,

               HAS ADOPTED THIS DECISION:
         Article 1
         Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons (hereinafter referred to as ‘the Agreement’) is replaced by the Annex to this Decision.
         Article 2
         This Decision is established in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in each of these languages being equally authentic.
         Article 3
         This Decision shall enter into force on the day following the day of its adoption.

            Done at …, ….

                  For the Joint Committee

                  The Chairman

                  The Secretaries

         ANNEX

               ‘ANNEX II

                  COORDINATION OF SOCIAL SECURITY SCHEMES

               Article 1
               (1)   The contracting parties agree, with regard to the coordination of social security schemes, to apply among themselves the legal acts of the European Union to which reference is made in, and as amended by, section A of this Annex, or rules equivalent to such acts.
               (2)   The term “Member State(s)” contained in the legal acts referred to in section A of this Annex shall be understood to include Switzerland in addition to the States covered by the relevant legal acts of the European Union.
               Article 2
               (1)   For the purposes of applying the provisions of this Annex, the contracting parties shall take into due account the legal acts of the European Union referred to in section B of this Annex.
               (2)   For the purposes of applying the provisions of this Annex, the contracting parties shall take note of the legal acts of the European Union referred to in section C of this Annex.
               Article 3
               (1)   Special provisions concerning the transitory arrangements relating to unemployment insurance for nationals of certain Member States of the European Union holding a Swiss residence permit valid for less than one year, concerning the Swiss allowances for helpless persons and concerning benefits under the occupational benefit plans regarding old-age, survivors’ and invalidity pensions are set out in the Protocol to this Annex.
               (2)   The Protocol forms an integral part of this Annex.
               SECTION A:   LEGAL ACTS REFERRED TO

                           1.

                           Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (4 35), as amended by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes (5 36).

                              For the purposes of this Agreement, Regulation (EC) No 883/2004 shall be adapted as follows:

                                       (a)

                                       The following shall be added to Annex I, section I:
                                       “Switzerland

                                       Cantonal legislation concerning the advances of maintenance payments based on Articles 131 paragraph 2 and 293 paragraph 2 of the Federal Civil Act”;

                                       (b)

                                       The following shall be added to Annex I, section II:
                                       “Switzerland

                                       Birth grants and adoption grants pursuant to the relevant cantonal legislation based on Article 3 paragraph 2 of the Federal Family Allowances Act”;

                                       (c)

                                       The following shall be added to Annex II:
                                       “Germany-Switzerland

                                                   (a)

                                                   Convention on social security of 25 February 1964, as amended by Complementary Conventions No 1 of 9 September 1975 and No 2 of 2 March 1989:

                                                               (i)

                                                               point 9b, paragraph 1, Nos 1-4 of the Final Protocol (legislation applicable and entitlement to sickness benefits in kind for residents of the German exclave of Büsingen);

                                                               (ii)

                                                               point 9e, paragraph 1(b), first, second and fourth sentences, of the Final Protocol (access to voluntary sickness insurance in Germany by relocation in Germany).

                                                   (b)

                                                   Convention on unemployment insurance of 20 October 1982, as amended by the Additional Protocol of 22 December 1992:

                                                               (i)

                                                               Article 8(5), Germany (district of Büsingen) shall contribute a sum equivalent to the cantonal contribution under Swiss law towards the cost of actual places on employment-promotion measures for workers subject to this provision.

                                          Spain-Switzerland

                                       Point 17 of the Final Protocol to the Convention on social security of 13 October 1969, as amended by the Complementary Convention of 11 June 1982; persons insured under the Spanish scheme by virtue of this provision are exempted from the requirement to join the Swiss sickness insurance scheme.

                                          Italy-Switzerland

                                       Article 9(1) of the Convention on social security of 14 December 1962, as amended by Complementary Convention No 1 of 18 December 1963, the Complementary Agreement of 4 July 1969, the Additional Protocol of 25 February 1974 and Complementary Agreement No 2 of 2 April 1980.”;

                                       (d)

                                       The following shall be added to Annex IV:
                                       “Switzerland”;

                                       (e)

                                       The following shall be added to Annex VIII, part 1:
                                       “Switzerland

                                       All claims for old-age, survivors’ and invalidity pensions under the basic scheme (Federal Law on old-age and survivors’ insurance and Federal Law on invalidity insurance) and old-age pensions under the statutory occupational benefit plans (Federal Law on occupational benefits plans for old-age, survivors’ and invalidity insurance).”;

                                       (f)

                                       The following shall be added to Annex VIII, part 2:
                                       “Switzerland

                                       Old-age, survivors’ and invalidity pensions under the statutory occupational benefit plans (Federal Law on occupational benefits plans for old-age, survivors’ and invalidity insurance).”;

                                       (g)

                                       The following shall be added to Annex IX, part II:
                                       “Switzerland

                                       Survivors’ and invalidity pensions under the statutory occupational benefit plans (Federal Law on occupational benefits plans for old-age, survivors’ and invalidity insurance)”;

                                       (h)

                                       The following shall be added to Annex X:

                                                   “1.

                                                   Supplementary benefits (Federal Supplementary Benefits Act of 19 March 1965) and similar benefits provided for under cantonal legislation.

                                                   2.

                                                   Pensions in the case of hardship under invalidity insurance (Article 28 subparagraph 1a of the Federal Invalidity Insurance Act of 19 June 1959, as amended on 7 October 1994).

                                                   3.

                                                   Non-contributory mixed benefits in the event of unemployment, as provided for under cantonal legislation.

                                                   4.

                                                   Non-contributory extraordinary invalidity pensions for disabled persons (Article 39 of the Federal Invalidity Insurance Act of 19 June 1959) who have not been subject, before their incapacity for work, to the Swiss legislation on the basis of an activity as an employed or self-employed person.”;

                                       (i)

                                       The following shall be added to Annex XI:
                                       “Switzerland

                                                   1.

                                                   Article 2 of the Federal Old-Age and Survivors’ Insurance Act and Article 1 of the Federal Invalidity Insurance Act, which govern voluntary insurance in these insurance branches for Swiss nationals resident in States not subject to this Agreement, shall be applicable to persons resident outside Switzerland who are nationals of the other States to which this Agreement applies, and to refugees and stateless persons resident in the territory of these States, where these persons join the voluntary insurance scheme not later than one year after the date on which they ceased to be covered by old-age, survivors’ and invalidity insurance after a continuous period of insurance of at least five years.

                                                   2.

                                                   Where a person ceases to be insured under Swiss old-age, survivors’ and invalidity insurance after a continuous period of insurance of at least five years, he shall continue to be entitled to be insured with the agreement of the employer if he works in a State to which this Agreement does not apply for an employer in Switzerland and if he submits an application to this effect within six months of the date on which he ceases to be insured.

                                                   3.

                                                   Compulsory insurance under Swiss sickness insurance and possible exemptions

                                                               (a)

                                                               The Swiss legal provisions governing compulsory sickness insurance shall apply to the following persons not resident in Switzerland:

                                                                           (i)

                                                                           persons subject to Swiss legal provisions under Title II of the Regulation;

                                                                           (ii)

                                                                           persons for whom Switzerland shall bear the costs of benefits according to Articles 24, 25, 26 of the Regulation;

                                                                           (iii)

                                                                           persons receiving Swiss unemployment insurance benefits;

                                                                           (iv)

                                                                           family members of persons referred to in (i) and (iii) or of an employed or self-employed person resident in Switzerland who is insured under the Swiss sickness insurance scheme, unless these family members are resident in one of the following States: Denmark, Spain, Hungary, Portugal, Sweden or the United Kingdom;

                                                                           (v)

                                                                           family members of persons referred to in (ii) or of a pensioner resident in Switzerland who is insured under the Swiss sickness insurance scheme, unless these family members are resident in one of the following States: Denmark, Portugal, Sweden or the United Kingdom.

                                                                     As family members are considered those persons who are defined as family members according to the legislation of the state of residence.

                                                               (b)

                                                               Persons referred to in (a) may, on request, be exempted from compulsory insurance if and as long as they are resident in one of the following States and can prove that they are eligible for cover in the event of sickness: Germany, France, Italy, Austria, and, with regard to persons referred to in (a) (iv) and (v), Finland and, with regard to persons referred to in (a)(ii), Portugal.
                                                               This request

                                                                           (aa)

                                                                           must be submitted within three months of the date on which the obligation to take out insurance in Switzerland comes into effect; where, in justified cases, the request is submitted after this deadline, the exemption shall take effect as from the commencement of the insurance obligation;

                                                                           (bb)

                                                                           shall apply to all family members residing in the same State.

                                                   4.

                                                   Where a person subject to Swiss legal provisions under Title II of the Regulation is, in application of 3(b), subject for the purposes of sickness insurance to the legal provisions of another State covered by this Agreement, the costs of these benefits in kind for non-occupational accidents shall be shared equally between the Swiss insurer against occupational and non-occupational accidents and industrial diseases and the competent sickness insurance institution if an entitlement exists to benefits in kind from both bodies. The Swiss insurer against occupational and non-occupational accidents and industrial diseases shall meet all costs in the event of occupational accidents, accidents on the way to work or industrial diseases, even where there is an entitlement to benefits from a sickness insurance body in the country of residence.

                                                   5.

                                                   Persons who are working, but not residing in Switzerland and who have statutory insurance cover in their State of residence in accordance with point 3(b), as well as their family members, shall benefit from the provisions of Article 19 of the Regulation during a stay in Switzerland.

                                                   6.

                                                   For the purposes of applying Articles 18, 19, 20, 27 of the Regulation in Switzerland, the competent insurer shall bear all invoiced costs.

                                                   7.

                                                   Periods of daily allowance insurance completed under the insurance scheme of another State to which this Agreement applies shall be taken into account for reducing or lifting a possible reserve in daily allowance insurance in the event of maternity or sickness where the person becomes insured with a Swiss insurer within three months of ceasing to be covered by insurance in another country.

                                                   8.

                                                   Where a person who was gainfully employed or self-employed in Switzerland and covering his vital needs has had to cease his activity owing to an accident or illness and is no longer subject to Swiss legislation on invalidity insurance, he shall be considered to be covered by that insurance for the purpose of eligibility for rehabilitation measures until the payment of an invalidity pension and throughout the period during which he benefits from these measures, provided that he has not taken up a new activity outside Switzerland.”.

                           2.

                           Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (6).

                              For the purposes of this Agreement, Regulation (EC) No 987/2009 shall be adapted as follows:

                                       (a)

                                       The following shall be added to Annex 1:
                                       “Arrangement between Switzerland and France of 26 October 2004 fixing the special procedures for the reimbursement of health care benefits
                                       Arrangement between Switzerland and Italy of 20 December 2005 fixing the special procedures for the reimbursement of health care benefits”.

                           3.

                           Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community (7), as last amended by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 (8), as applicable between Switzerland and the Member States before the entry into force of this Decision, and when referred to in Regulations (EC) No 883/2004 or (EC) No 987/2009 or when cases are concerned which occurred in the past.

                           4.

                           Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community (9), as last amended by Commission Regulation (EC) No 120/2009 of 9 February 2009 (10), as applicable between Switzerland and the Member States before the entry into force of this Decision, and when referred to in Regulations (EC) No 883/2004 or (EC) No 987/2009 or when cases are concerned which occurred in the past.

                           5.

                           Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (11).

                     SECTION B:   LEGAL ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT

                           (1)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Regulation (EC) No 883/2004 of the European Parliament and of the Council (12).

                           (2)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (13).

                           (3)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No A3 of 17 December 2009 concerning the aggregation of uninterrupted posting periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the Council (14).

                           (4)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No E1 of 12 June 2009 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (15).

                           (5)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits (16).

                           (6)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems (17).

                           (7)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H2 of 12 June 2009 concerning the methods of operation and the composition of the Technical Commission for data processing of the Administrative Commission for the coordination of social security systems (18).

                           (8)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H3 of 15 October 2009 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (19).

                           (9)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H4 of 22 December 2009 concerning the composition and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security Systems (20).

                           (10)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H5 of 18 March 2010 concerning cooperation on combating fraud and error within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council on the coordination of social security systems (21).

                           (11)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European Parliament and of the Council for the award of invalidity, old-age and survivors’ benefits (22).

                           (12)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S1 of 12 June 2009 concerning the European Health Insurance Card (23).

                           (13)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S2 of 12 June 2009 concerning the technical specifications of the European Health Insurance Card (24).

                           (14)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A)(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council (25).

                           (15)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S4 of 2 October 2009 concerning refund procedures for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (26).

                           (16)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S5 of 2 October 2009 on interpretation of the concept of “benefits in kind” as defined in Article 1(va) of Regulation (EC) No 883/2004 of the European Parliament and of the Council in the event of sickness or maternity pursuant to Articles 17, 19, 20 and 22, Article 24(1), Articles 25 and 26, Article 27(1), (3), (4) and (5), Articles 28 and 34 and Article 36(1) and (2) of Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (27).

                           (17)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S6 of 22 December 2009 concerning the registration in the Member State of residence under Article 24 of Regulation (EC) No 987/2009 and the compilation of the inventories provided for in Article 64(4) of Regulation (EC) No 987/2009 (28).

                           (18)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S7 of 22 December 2009 concerning the transition from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004 and 987/2009 and the application of reimbursement procedures (29).

                           (19)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council relating to increases in unemployment benefit for dependent members of the family (30).

                           (20)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the right to unemployment benefits of wholly unemployed persons other than frontier workers who were resident in the territory of a Member State other than the competent Member State during their last period of employment or self-employment (31).

                           (21)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No U3 of 12 June 2009 concerning the scope of the concept of “partial unemployment” applicable to the unemployed persons referred to in Article 65(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council (32).

                     SECTION C:   LEGAL ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

                           1.

                           Recommendation of the Administrative Commission for the Coordination of Social Security Systems No U1 of 12 June 2009 concerning the legislation applicable to unemployed persons engaging in part-time professional or trade activity in a Member State other than the State of residence (33).

                           2.

                           Recommendation of the Administrative Commission for the Coordination of Social Security Systems No U2 of 12 June 2009 concerning the application of Article 64(1)(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council to unemployed persons accompanying their spouses or partners pursuing a professional or trade activity in a Member State other than the competent State (34).

               PROTOCOL
               to Annex II to the Agreement
               I.   Unemployment insurance

               The following arrangements shall apply to workers who are nationals of the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuanian, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic until 30 April 2011 and to workers who are nationals of the Republic of Bulgaria and Romania until 31 May 2016.

                           1.

                           The following rules shall apply with respect to unemployment insurance for workers holding a residence permit with a period of validity of less than one year:

                                       1.1

                                       Only workers who have paid contributions in Switzerland for the minimum period required under the Federal Unemployment Insurance and Insolvency Allowances Act (loi fédérale sur l’assurance-chômage obligatoire et l’indemnité en cas d’insolvabilité – LACI) (4 35) and who also satisfy the other conditions of eligibility for unemployment benefit shall be entitled to such benefit provided by the unemployment insurance under the conditions laid down by law.

                                       1.2

                                       A portion of the contributions levied for workers whose period of contribution is too short to give entitlement to unemployment benefit in Switzerland under 1.1 shall be refunded to their States of origin in accordance with the provisions of 1.3 in order to contribute towards the cost of benefits provided to these workers in the event of full unemployment; these workers shall then have no entitlement to benefit in the event of their being fully unemployed in Switzerland. They shall, however, be entitled to allowances for bad weather and in the event of the employer becoming insolvent. Benefits in the event of full unemployment shall be paid by the State of origin, provided that the workers concerned make themselves available for work. Periods of insurance completed in Switzerland shall be taken into account in the same way as if they had been completed in the State of origin.

                                       1.3

                                       The portion of the contributions levied for workers referred to in 1.2 shall be refunded on an annual basis in accordance with the following provisions:

                                                   (a)

                                                   The total contributions of these workers shall be calculated, by country, on the basis of the annual number of workers employed and the average annual contributions paid for each worker (employer’s and employee’s contributions).

                                                   (b)

                                                   Of the amount calculated in this way, a portion thereof corresponding to the relative share represented by unemployment benefit as a percentage of all the allowances referred to in 1.2 shall be refunded to the workers’ States of origin, and a portion shall be retained by Switzerland as a reserve for subsequent benefits (5 36).

                                                   (c)

                                                   Switzerland shall, on an annual basis, provide a statement showing the contributions refunded. If the States of origin so request, it shall indicate the bases for the calculation and the sums refunded. The States of origin shall each year notify Switzerland of the number of recipients of unemployment benefit as referred to in 1.2.

                           2.

                           If a Member State concerned by this arrangement encounters difficulties with the ending of the arrangements for refunding of contributions, or Switzerland encounters difficulties with the aggregation arrangements, the matter may be referred to the Joint Committee by any of the contracting parties.

                     II.   Allowances for helpless persons

               Allowances for helpless persons granted under the Swiss Federal Act of 19 June 1959 on invalidity insurance (LAI) and under the Federal Act of 20 December 1946 on old-age and survivors’ pensions (LAVS) as amended on 8 October 1999 shall be provided exclusively if the person concerned resides in Switzerland.
               III.   Occupational benefit plans concerning old-age, survivors’ and invalidity pensions

               Notwithstanding Article 10(2) of Council Regulation (EEC) No 1408/71, the vested benefit provided for under the Federal Act on free movement among occupational benefit plans concerning old-age, survivors’ and invalidity pensions (Loi fédérale sur le libre passage dans la prévoyance professionnelle vieillesse, survivants et invalidité) of 17 December 1993 shall be paid out on request to an employed or self-employed person who intends to leave Switzerland for good and who, under Title II of the Regulation, will no longer be subject to Swiss law, provided that they leave Switzerland within five years of this Agreement entering into effect.’.

         (1)  OJ L 270, 29.9.2006, p. 67.

         (2)  OJ L 166, 30.4.2004, p. 1.

         (3)  OJ L 149, 5.7.1971, p. 2.

         (4)  OJ L 166, 30.4.2004, p. 1.

         (5)  OJ L 284, 30.10.2009, p. 43.

         (6)  OJ L 284, 30.10.2009, p. 1.

         (7)  OJ L 149, 5.7.1971, p. 2.

         (8)  OJ L 177, 4.7.2008, p. 1.

         (9)  OJ L 74, 27.3.1972, p. 1.

         (10)  OJ L 39, 10.2.2009, p. 29.

         (11)  OJ L 209, 25.7.1998, p. 46.

         (12)  OJ C 106, 24.4.2010, p. 1.

         (13)  OJ C 106, 24.4.2010, p. 5.

         (14)  OJ C 149, 8.6.2010, p. 3.

         (15)  OJ C 106, 24.4.2010, p. 9.

         (16)  OJ C 106, 24.4.2010, p. 11.

         (17)  OJ C 106, 24.4.2010, p. 13.

         (18)  OJ C 106, 24.4.2010, p. 17.

         (19)  OJ C 106, 24.4.2010, p. 56.

         (20)  OJ C 107, 27.4.2010, p. 3.

         (21)  OJ C 149, 8.6.2010, p. 5.

         (22)  OJ C 106, 24.4.2010, p. 21.

         (23)  OJ C 106, 24.4.2010, p. 23.

         (24)  OJ C 106, 24.4.2010, p. 26.

         (25)  OJ C 106, 24.4.2010, p. 40.

         (26)  OJ C 106, 24.4.2010, p. 52.

         (27)  OJ C 106, 24.4.2010, p. 54.

         (28)  OJ C 107, 27.4.2010, p. 6.

         (29)  OJ C 107, 27.4.2010, p. 8.

         (30)  OJ C 106, 24.4.2010, p. 42.

         (31)  OJ C 106, 24.4.2010, p. 43.

         (32)  OJ C 106, 24.4.2010, p. 45.

         (33)  OJ C 106, 24.4.2010, p. 49.

         (34)  OJ C 106, 24.4.2010, p. 51.

         (35)  Currently 12 months.

         (36)  Refunded contributions for workers who will exercise their right to unemployment benefit in Switzerland after having paid contributions for at least 12 months — over several periods of residence -within the space of two years.

      ANNEX II

         DECLARATION

         on the Declaration on Swiss attendance of committees

      The Administrative Commission on Social Security for Migrant Workers referred to in the second indent of the Declaration on Swiss attendance of committees (OJ L 114, 30.4.2002, p. 72) has been renamed as Administrative Commission for the Coordination of Social Security Systems by Article 71 of Regulation (EC) No 883/2004 of the European Parliament and of the Council.


title: 2006/70/EC,Euratom: Commission Decision of  31 January 2006  amending Decision 2001/844/EC, ECSC, Euratom

text:
               7.2.2006

               EN

               Official Journal of the European Union

               L 34/32

      COMMISSION DECISION

   of 31 January 2006
   amending Decision 2001/844/EC, ECSC, Euratom
   (2006/70/EC, Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,
   Having regard to the Treaty on European Union, and in particular Articles 21(1) and 41(1) thereof,
   Whereas:

               (1)

               The Commission’s provisions on security are contained in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (1).

               (2)

               The Commission has decided on a number of changes in the assignment of responsibilities and in the designation of departments and services.

               (3)

               Definitions in the Annex to Decision 2001/844/EC, ECSC, Euratom should be in line with the relevant provisions in the text.

               (4)

               The text of the rules on security should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Rules on security as set out in the Annex to Decision 2001/844/EC, ECSC, Euratom are amended as follows:

               1.

               in Section 4.2(e) ‘President of the Commission’ is replaced by ‘Director of the Commission Security Directorate’;

               2.

               Section 13 is replaced by the following text:
               ‘13.   THE COMMISSION SECURITY BOARD
               A Commission Security Board shall be set up. It shall consist of the Director-General for Administration and Personnel, who shall have the chair, a Member of the Cabinet of the Commissioner responsible for security matters, a Member of the Cabinet of the President, the Deputy Secretary-General who chairs the Commission crisis management group, the Directors-General of the Legal Service, External Relations, Justice, Freedom and Security, the Joint Research Centre, Informatics and the Internal Audit Service and the Director of the Commission Security Directorate, or their representatives. Other Commission officials may be invited. Its remit is to assess security measures within the Commission and to make recommendations in this domain to the Member of the Commission responsible for security matters.’;

               3.

               in Appendix 2, ‘President’ is replaced by ‘Member of the Commission responsible for security matters’;

               4.

               in point 10(c) of Appendix 4, ‘President’ is replaced by ‘Director of the Commission Security Directorate’;

               5.

               in point 7 of Appendix 5, ‘President’ is replaced by ‘Member of the Commission responsible for security matters’;

               6.

               throughout the text of the rules on security and its Appendices:

                           (a)

                           ‘Commission Security Office’ and ‘Commission Security Service’ are replaced by: ‘Commission Security Directorate’;

                           (b)

                           ‘Head of the Commission Security Office’ is replaced by ‘Director of the Commission Security Directorate’;

               7.

               a new recital is added after recital 7 of the Annex, reading: ‘These provisions are without prejudice to Article 286 of the Treaty and to Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.’

         Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 31 January 2006.

            For the Commission

         Siim KALLAS

            Vice-President

      (1)  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2005/94/EC, Euratom (OJ L 31, 4.2.2005, p. 66).


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32000D0756

2000/756/EC, Euratom: Council Decision of 30 November 2000 appointing a French member of the Economic and Social Committee

Official Journal L 304 , 05/12/2000 P. 0015 - 0015

Council Decisionof 30 November 2000appointing a French member of the Economic and Social Committee(2000/756/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr Joël DECAILLON, of which the Council was informed on 10 May 2000;Having regard to the nominations submitted by the French Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMs An LE NOUAIL is hereby appointed a member of the Economic and Social Committee in place of Mr Joël DECAILLON for the remainder of his term of office, which runs until 20 September 2002.Done at Brussels, 30 November 2000.For the CouncilThe PresidentM. Demessine(1) OJ L 257, 19.9.1998, p. 37.


Avis juridique important

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31988D0287

88/287/EEC: Commission Decision of 11 May 1988 terminating the examination procedure concerning the unauthorized reproduction of sound recordings in Indonesia consequent on the Republic of Indonesia' s undertaking to give sound recordings by nationals of Community Member States the same protection as sound recordings by Indonesian nationals

Official Journal L 123 , 17/05/1988 P. 0051 - 0052

*****COMMISSION  DECISION  of 11 May 1988  terminating the examination procedure concerning the unauthorized reproduction of sound recordings in Indonesia consequent on the Republic of Indonesia's undertaking to give sound recordings by nationals of Community Member States the same protection as sound recordings by Indonesian nationals  (88/287/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2641/84 of 17 September 1984 on the strengthening of the common commercial policy with regard in particular to protection against illicit commercial practices (1),  Following consultations in the Advisory Committee set up by the said Regulation,  Whereas:  On 16 March 1987 the Commission received a complaint lodged in accordance with Article 3 (1) of Regulation (EEC) No 2641/84 by the Association of European Members of the International Federation of Phonogram and Videogram Producers (IFPI) on behalf of virtually all Community producers of phonograms concerning the unauthorized reproduction of sound recordings in Indonesia.  The complaint provided evidence of the existence of illicit commercial practices and of consequent injury which, following consultations in the Advisory Committee, were considered sufficient to justify the initiation of a procedure.  The Commission accordingly announced, in a notice published in the Official Journal of the European Communities (2), the initiation of an 'illicit commercial practice' procedure concerning the unauthorized reproduction of sound recordings in Indonesia.  The Commission officially notified the representatives of the country concerned and the complainant, and gave all interested parties the opportunity to make known their views in writing and apply for a hearing.  The representatives of the country concerned and the complainant applied for and were granted a hearing and made known their views in writing. The complainant repeated its request for the Community institutions to adopt retaliatory measures against Indonesia if the latter did not take steps to end the situation which was causing injury to the complainant.  A number of European associations, including the International Federation of Musicians, the Publishers Association, the International Federation of Actors and the European Association of Industries of Branded Products, submitted comments. They all suppoprted the complainant.  The Commission began its investigation by seeking the information required to establish the facts.  While the examination procedure was under way, the Indonesian authorities requested its suspension.  In support of their request they pointed out that a bill amending the 1982 Indonesian law on copyright had recently been adopted by the Indonesian Parliament, that the effect of the changes was to strengthen appreciably the protection given by Indonesian law to the works of Indonesian nationals, including sound recordings, and to extend to the works of nationals of other countries, by means of a new Article 48, the protection given to Indonesian nationals' works, and that they were ready to begin consultations with the Commission with the aim of reaching a solution that would provide for the works of nationals of the Member States protection identical to that given to the works of Indonesian nationals.  After consulting the Advisory Committee, the Commission considered that it was in the Community's interest to grant Indonesia's request and to open consultations with the Indonesian authorities with a view to reaching an arrangement which would resolve the problem raised by IFPI.  Commission Decision 87/553/EEC (3) accordingly suspended the examination procedure until 29 February 1988.  Following the suspension of the procedure, consultations were held with the Indonesian authorities, first in Jakarta and then in Brussels.  At the end of the consultations, Indonesia undertook, pending its eventual accession or adhesion to the relevant international conventions, to provide for sound recordings by nationals of Community Member States which provide protection on their territory for sound recordings by Indonesian nationals in Indonesia.  After consulting the Advisory Committee, the Commission decided that those measures should be considered satisfactory within the meaning of Article 9 (2) of Regulation (EEC) No 2641/84, since they would provide a means of eliminating the injury resulting from the commercial practice of which Indonesia was accused, and that it was accordingly in the Community's interest to accept the undertaking and terminate the procedure without taking protective measures pursuant to Article 10 (3) of the said Regulation.  The Community industry concerned was consulted and agreed that the examination procedure should be terminated,  HAS DECIDED AS FOLLOWS:  Sole article  The examination procedure concerning the unauthorized reproduction of sound recordings in Indonesia is hereby terminated.  Done at Brussels, 11 May 1988.  For the Commission  Willy DECLERCQ  Member of the Commission  (1) OJ No L 252, 20. 9. 1984, p. 1.  (2) OJ No C 136, 21. 5. 1987, p. 3.  (3) OJ No L 335, 25. 11. 1987, p. 22.


title: Commission Decision of 22 October 1975 appointing its representatives to the Management Board of the European Centre for the Development of Vocational Training

text:
No L 279 / 28                      Official Journal of the European Communities                        30 . 10 . 75
                                              COMMISSION DECISION
                                                 of 22 October 1975
             appointing its representatives to the Management Board of the European Centre
                                  for the Development of Vocational Training
                                                     (75/643/EEC)
             THE COMMISSION OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community ;
             Having regard to Council Regulation (EEC) No 337/75 (!) of 10 February 1975 esta
             blishing a European Centre for the Development of Vocational Training, and in particular
             Article 4 thereof ;
             Whereas the Commission - is responsible for appointing its three representatives to the
             Management Board of the Centre ;
             Whereas its three representatives should be chosen on the basis of the specific contribu
             tion that they can make to the work of the Board,
             HAS DECIDED AS FOLLOWS :
                                                      Sole Article
             Mr Michael Shanks, Director-General for Social Affairs, Mr Giuseppe Porcasi, Head of
             Division 'Vocational Guidance and Training', and Mr Karl-Heinz Massoth, Head of Divi
             sion , Directorate-General for Research, Science and Education are appointed members of
             the Management Board of the European Centre for the Development of Vocational
             Training as the representatives of the Commission from 16 October 1975 to 15 October
             1978 .
             Done at Brussels, 22 October 1975 .
                                                                      For the Commission
                                                                       The Vice-President
                                                                       Patrick J. HILLERY
             (•) OJ No L 39, 13. 2. 1975, p..  .


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31997D0256

97/256/EC: Council Decision of 14 April 1997 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe countries, Mediterranean countries, Latin American and Asian countries and South Africa)

Official Journal L 102 , 19/04/1997 P. 0033 - 0035

COUNCIL DECISION of 14 April 1997 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe countries, Mediterranean countries, Latin American and Asian countries and South Africa) (97/256/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposal of the Commission (1),Having regard to the opinion of the European Parliament (2),(1) Whereas the European Council meeting in Essen on 9 and 10 December 1994 defined the pre-accession strategy for the associated Central and Eastern Europe countries;(2) Whereas the European Council in Cannes on 26 and 27 June 1995 agreed to supplement the budgetary assistance granted to the Mediterranean countries by an increase in European Investment Bank (EIB) loans to contribute to the creation of a free-trade area and to the Euro-Mediterranean partnership;(3) Whereas the European Council meeting in Madrid on 15 and 16 December 1995 called on the Council and the Commission to implement the Declaration on the Euro-Mediterranean partnership and the work programme drawn up at the Barcelona Conference with the Mediterranean countries (Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria and Tunisia, Turkey, Gaza-West Bank); whereas, at the same meeting, the European Council confirmed the importance of the EIB's role as an instrument of cooperation between the Community and Latin America and called on the EIB to intensify its activities in the region; whereas the European Council also noted with respect to enlargement that the continued activities of the EIB will allow an overall increase in the input for accession preparations;(4) Whereas the European Council meeting in Florence on 21 and 22 June 1996 welcomed the results of the Asia-Europe summit, which marked a turning-point in the relations between the two continents;(5) Whereas the Central and Eastern Europe countries (Albania, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia) are undertaking major political and social reforms and have embarked on a fundamental restructuring of their economies;(6) Whereas the EIB is completing the current loan programmes for Central and Eastern Europe countries pursuant to Decision 93/696/EC (3) and the lending that is governed by the IV Protocols and horizontal financial cooperation in the Mediterranean non-member countries as set out in Regulation (EEC) No 1763/92 (4);(7) Whereas the EIB has already completed the three-year lending programme in Latin American and Asian countries pursuant to Decision 93/115/EEC (5); whereas a new interim programme pursuant to Decision 96/723/EC (6) will permit the EIB to continue its lending activities in those countries;(8) Whereas the Council approved on 4 October 1994 a Cooperation Agreement between the Community and the Republic of South Africa that aims to promote harmonious, balanced and sustainable social and economic development; whereas the EIB will be completing in June 1997 the two-year lending programme in South Africa pursuant to Decision 95/207/EC (7);(9) Whereas the Council calls on the EIB to continue its operations in support of investment projects carried out in the Central and Eastern Europe countries, Mediterranean countries, Latin American and Asian countries and South Africa;(10) Whereas it is appropriate to effect certain improvements in the programmes of operations in respect of duration, instruments used and country coverage;(11) Whereas the guarantee provided for in this Decision should be granted to the EIB;(12) Whereas this guarantee is subject to the conditions set out in the Regulation (EC, Euratom) No 2728/94 (8);(13) Whereas, in June 1996, the Commission, in agreement with the EIB, presented to the Council a proposal for a new guarantee system for EIB lending to third countries;(14) Whereas the Council on 2 December 1996 has approved conclusions on new guarantee arrangements for EIB lending to third countries, according to which: 'The volume of external lending shall respect the Financial Perspective and Community Budget discipline as well as the EIB internal guidelines on lending to third countries and take into account the conclusions of European Councils at Essen, Cannes and Madrid. The approach of a blanket guarantee, without distinguishing regions and projects, is approved. A risk sharing element as proposed by the Commission and the EIB is accepted. Accordingly, the EIB is invited where possible to secure, on a significant proportion of its lending, adequate third-party guarantees for commercial risks, with the Budgetary guarantee in that case being responsible only for political risks arising from currency non-transfer, expropriation, war and civil disturbance. The EIB is invited to aim at 25 % of its total lending under the mandates as a target for the use of non-sovereign guarantees to be expanded on wherever possible insofar as the market permits on an individual mandate basis. The application of the target to individual mandates is to be specified at the time of negotiation of those mandates.`;(15) Whereas this Decision should conform to the above conclusions;(16) Whereas a guarantee level of 70 % is sufficient to meet the total lending volume of the new lending mandates and other lending needs for the duration of this Decision;(17) Whereas the new guarantee arrangements will not affect the excellent credit standing of the EIB;(18) Whereas the Council concluded on 2 December 1996 that 'the provisioning rates of the Guarantee Fund will remain at the current levels up to 1999`; whereas the Council concluded on 27 January 1997 that 'each payment to the loan guarantee fund will be based on the percentage required at the time of payment, that is 15 % currently and 14 % as soon as feasible`;(19) Whereas the Commission and the EIB recognizing their respective areas of responsibility should ensure appropriate coordination between EIB operations in the eligible third countries and the implementation of the Community's other financial instruments;(20) Whereas the Commission and the EIB should consult together in order to ensure that, in determining the rate at which the mandates are used, account will be taken of the annual fluctuations in the rate at which the Community is being asked to provide balance of payments support to third countries;(21) Whereas the Council has approved this Decision and in particular the amounts of the mandates taking into account its conclusions of 27 January 1997 according to which: 'Member States and the Commission unanimously declare that they agree to the creation of a substantial pre-accession support facility. They invite the EIB to propose such a facility to the Board of Governors later this year. The facility will enter into force as soon as possible in the light of future accession. The facility will be approved under Article 18 of the EIB statute and carry no guarantee from the Community budget or from the Member States. The EIB lending envelopes covered by a Community guarantee can be considered to be consistent with a provision of ECU 1 050 million for macro-financial assistance (MFA) assuming that ECU 750 million is needed for Euratom lending; whereas the maximum for MFA should be increased to ECU 1 200 million, if Euratom lending in the period of application of the present decision does not exceed ECU 600 million.`;(22) Whereas, for the purpose of adopting this Decision, the only powers provided for by the Treaty are those set out in Article 235,HAS DECIDED AS FOLLOWS:Article 1 1. The Community shall grant the European Investment Bank a global guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria for investment projects carried out in the Central and Eastern Europe countries, in the Mediterranean countries, in the Latin American and Asian countries, and in the Republic of South Africa.This guarantee shall be restricted to 70 % of the aggregate amount of the credits opened, plus all related sums. The overall ceiling of the credits opened shall be equivalent to ECU 7 105 million, broken down as follows:- Central and Eastern Europe countries ECU 3 520 million,- Mediterranean countries ECU 2 310 million,- Latin American and Asian countries ECU 900 million,- Republic of South Africa ECU 375 million,and shall cover a period of three years beginning on 31 January 1997 for Central and Eastern Europe, Mediterranean and Latin American and Asian countries, and on 1 July 1997 for the Republic of South Africa. If, on the expiry of this period, the loans granted by the EIB have not attained the overall amounts referred to above, the period shall be automatically extended by six months.2. The countries included above are:- Central and Eastern Europe: Albania, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia,- Mediterranean countries: Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey, Gaza-West Bank,- Latin America: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay and Venezuela,- Asia: Bangladesh, Brunei, China, India, Indonesia, Macao, Malaysia, Mongolia, Pakistan, Philippines, Singapore, Sri Lanka, Thailand and Vietnam,- Republic of South Africa.3. The European Investment Bank is invited to aim to cover the commercial risk on 25 % of its lending under this decision from non-sovereign guarantees to be expanded upon whenever possible insofar as the market permits on an individual mandate basis.Article 2 The Commission shall inform the European Parliament and the Council every six months of the situation regarding loans signed and progress made on risk sharing according to Article 1 (3). To that end, the EIB shall regularly transmit to the Commission the appropriate information.Article 3 The Commission shall inform the European Parliament and the Council each year of the loan operations and shall, at the same time, submit an assessment of the operation of the scheme and of coordination between the financial institutions operating in that area.Article 4 The Council shall evaluate the application of this Decision on the basis of a report presented in June 1998 by the Commission and the EIB.Article 5 Detailed rules for the application of this Decision shall be laid down in an agreement to be concluded between the Commission and the EIB.Article 6 This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.Done at Luxembourg, 14 April 1997.For the CouncilThe PresidentJ. VAN AARTSEN(1) OJ No C 13, 14. 1. 1996, p. 9.(2) OJ No C 115, 14. 4. 1997.(3) Council Decision 93/696/EC of 13 December 1993 granting a Community guarantee to the European Investment Bank against losses under loans for projects in Central and Eastern European countries (Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Bulgaria, Estonia, Latvia, Lithuania and Albania) (OJ No L 321, 23. 12. 1993, p. 27).(4) Council Regulation (EEC) No 1763/92 of 29 June 1992 concerning financial cooperation in respect of all Mediterranean non-member countries (OJ No L 181, 1. 7. 1992, p. 5) as amended by Regulation (EC) No 1735/94 (OJ No L 182, 16. 7. 1994, p. 6).(5) Council Decision 93/115/EEC of 15 February 1993 granting a Community guarantee to the European Investment Bank against losses under loans for projects of mutual interest in certain third countries (OJ No L 45, 23. 2. 1993, p. 27).(6) Council Decision 96/723/EC of 12 December 1996 granting a Community guarantee to the European Investment Bank against losses under loans for projects of mutual interest in Latin American and Asian countries with which the Community has concluded cooperation agreements (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, El Salvador, Uruguay and Venezuela; Bangladesh, Brunei, China, India, Indonesia, Macao, Malaysia, Pakistan, Philippines, Singapore, Sri Lanka, Thailand and Vietnam) (OJ No L 329, 19. 12. 1996, p. 45).(7) Council Decision 95/207/EC of 1 June 1995 granting a Community guarantee to the European Investment Bank against losses under loans for projects in South Africa (OJ No L 131, 15. 6. 1995, p. 31).(8) Council Regulation (EC, Euratom) No 2728/94 of 31 October 1994 establishing a Guarantee Fund for external actions (OJ No L 293, 12. 11. 1994, p. 1).


Avis juridique important

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31987D0281

87/281/EEC: Decision of the European Parliament of 7 April 1987 granting a discharge to the Commission in respect of the financial management of the third European Development Fund in the financial year 1985

Official Journal L 137 , 27/05/1987 P. 0023 - 0023

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 7 April 1987  granting a discharge to the Commission in respect of the financial management of the third European Development Fund in the financial year 1985  (87/281/EEC)  THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the Conventions signed in Yaoundé on 20 July 1963 and 29 July 1969,  - having regard to the balance sheets and revenue and expenditure accounts of the third, fourth and fifth European Development Funds for the financial year 1985 (1),  - having regard to the report of the Court of Auditors concerning the financial year 1985, accompanied by the replies of the Institutions (2),  - whereas the financial regulation applicable to the third EDF had made the Council responsible for the discharge, in accordance with the EEC Treaty provisions then in force; whereas, however, these EEC Treaty provisions were subsequently amended by the Treaties of 1970 and 1975 and a general responsibility for the discharge was conferred on Parliament; whereas the present non-budgetization of the EDF, the result of a refusal to take account of several Treaty provisions, cannot justify any restriction of Parliament's power of discharge,  - whereas the discharge decision relates first and foremost to the results of the financial year, not to an accumulation of results,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-9/87),  1. Hereby grants a discharge to the Commission in respect of the financial management of the third European Development Fund in the financial year 1985 on the basis of the following amount:  Payments: 5 940 034,54 ECU;  2. Presents its comments in the resolution accompanying this Decision;  3. Instructs its President to forward this Decision and the resolution containing its comments to the Commission, the Council, the Court of Auditors and the European Investment Bank, and to arrange for their publication in the Official Journal of the European Communities  (L series).  Done at Strasbourg, 7 April 1987.  The President  Sir Henry PLUMB  (1) COM(86) 177 final.  (2) OJ No C 321, 15. 12. 1986.


title: 2012/471/EU: Council Decision of 13 December 2011 on the signing, on behalf of the Union, of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security

text:
               11.8.2012

               EN

               Official Journal of the European Union

               L 215/1

         COUNCIL DECISION
   of 13 December 2011
   on the signing, on behalf of the Union, of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security
   (2012/471/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 82(1)(d) and 87(2)(a), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 2 December 2010, the Council adopted a decision, together with negotiation directives, authorising the Commission to open negotiations between the Union and the United States of America on the transfer and use of Passenger Name Records (PNR) to prevent and combat terrorism and other serious transnational crime.

               (2)

               The negotiations were successfully concluded by the initialling of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security, (‘the Agreement’).

               (3)

               The Agreement respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to private and family life, recognised in Article 7 thereof, the right to the protection of personal data, recognised in Article 8 thereof and the right to effective remedy and fair trial recognised in Article 47 thereof. This Agreement should be applied in accordance with those rights and principles.

               (4)

               In accordance with Articles 1 and 2 of the 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 the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (5)

               In accordance with Articles 1 and 2 of the Protocol (No 22) on the Position of Denmark annexed to the Treaty on European Union and 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 the Agreement or subject to its application.

               (6)

               The Agreement should be signed, subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.
   Article 2
   The President of the Council is authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   The Declaration of the Union on the Agreement in respect of its obligations under Articles 17 and 23 thereof is hereby approved.
   The text of the Declaration is annexed to this decision.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 December 2011.

            For the Council

            The President

         M. CICHOCKI

      ANNEX

         Declaration of the Union on the Agreement on the use and transfer of Passenger Name Records to the United States Department of Homeland Security (‘the Agreement’), in respect of its obligations under Articles 17 and 23 of thereof

                     1.

                     In the context of the joint review and evaluation mechanism set out in Article 23 of the Agreement, and without prejudice to other matters that may be raised through this mechanism, the Union will seek information from the United States on the exchange of information where appropriate, regarding the transfers of the Union citizens’ and residents’ PNR data to the authorities of third countries as laid down in Article 17 of the Agreement;

                     2.

                     In the context of the joint review and evaluation mechanism referred to in point 1 of this Declaration, the Union will request from the United States all appropriate information on the implementation of the conditions governing those transfers in accordance with Article 17 of the Agreement;

                     3.

                     The Union, in the context of the joint review and evaluation mechanism referred to in point 1 of this Declaration, will pay particular attention to the respect of all the safeguards for the implementation of Article 17(2) of the Agreement, so as to be satisfied that third countries receiving such data have agreed to afford to the data the privacy protections comparable to that provided to PNR by DHS under the Agreement.


title: Council Decision (EU) 2017/817 of 11 May 2017 establishing the position to be taken on behalf of the European Union within the World Trade Organisation on the modification of paragraph C(ii) of Annex 3 to the WTO Agreement as regards the frequency of WTO Trade Policy Reviews and of the rules of procedure of the Trade Policy Review Body

text:
               13.5.2017

               EN

               Official Journal of the European Union

               L 122/71

         COUNCIL DECISION (EU) 2017/817
   of 11 May 2017
   establishing the position to be taken on behalf of the European Union within the World Trade Organisation on the modification of paragraph C(ii) of Annex 3 to the WTO Agreement as regards the frequency of WTO Trade Policy Reviews and of the rules of procedure of the Trade Policy Review Body
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Paragraph C(ii) of Annex 3 to the Marrakesh Agreement establishing the World Trade Organisation (‘WTO Agreement’) sets out the frequency for reviewing WTO Members' trade policies and practices. The frequency of the reviews of each Member's trade policy depends on its share of world trade. The four biggest trading Members are currently examined every two years. The next 16 Members in terms of their share of world trade are reviewed every four years, while all other Members are currently reviewed every six years.

               (2)

               The increase in WTO membership since 1995 has also increased the number of reviews necessary to comply with Annex 3 to the WTO Agreement, increasing the burden on Members and the WTO Secretariat. In order to safeguard the effectiveness of the review system, the Trade Policy Review Body (TPRB) of the WTO suggests extending by one year the cycles currently in place. As a result, WTO Members would be reviewed every three, five or seven years, depending on their share of world trade.

               (3)

               In accordance with Article X:8 of the WTO Agreement, decisions approving amendments to Annex 3 to the WTO Agreement are to be taken by consensus by the Ministerial Conference or, pursuant to Article IV:2 of the WTO Agreement, by the General Council in the intervals between meetings of the Ministerial Conference, and are to take effect for all WTO Members upon approval.

               (4)

               In order to safeguard the effectiveness of the review system, the TPRB has recommended also to amend its rules of procedure to introduce slight modifications that would facilitate the conduct of reviews, such as granting four weeks instead of the current three to the Member reviewed so as to reply to advance questions when it uses the alternative timeline. Other changes in the rules of procedure involve, for example, the possibility for a WTO Member to present significant changes to its trade policy at a meeting of the TPRB in between two Trade Policy Reviews or the possibility, on request of a Member, to make the second day of the review more interactive, using panels or the issuance by the WTO Secretariat of a list of speakers for the interventions of the WTO Members on the first day of the review. The TPRB can take the decision to amend its own rules of procedure pursuant to Article IV:4 of the WTO Agreement.

               (5)

               It is in the interest of the Union to ensure a well-functioning Trade Policy Review Mechanism so that all WTO Members continue to be reviewed regularly and meetings in the TPRB are as efficient and well prepared as possible.

               (6)

               Therefore, it is appropriate to establish that the position to be taken on behalf of the Union in the WTO is to extend by one year the cycles of Trade Policy Reviews of WTO Members and to modify the rules of procedure of the TPRB to facilitate the conduct of reviews,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the Union within the General Council of the World Trade Organisation shall be to join the consensus to amend paragraph C(ii) of Annex 3 to the WTO Agreement to extend by one year the cycles of Trade Policy Reviews of WTO Members. The review cycles in paragraph C(ii) of Annex 3 to the WTO Agreement depend on the share of world trade and currently stand at two, four or six years. They will be replaced, respectively, by cycles of three, five or seven years.
   This position shall be expressed by the Commission at the upcoming meeting of the General Council.
   Article 2
   The position to be taken on behalf of the Union within the Trade Policy Review Body shall be to join the consensus to amend the TPRB's rules of procedure, as envisaged in Document WT/RD/TPR/745.
   This position shall be expressed by the Commission at an upcoming meeting of the TPRB.
   Article 3
   After its adoption, the amendment of paragraph C(ii) of Annex 3 to the WTO Agreement, as notified by the WTO, shall be published in the Official Journal of the European Union.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 11 May 2017.

            For the Council

            The President

         C. CARDONA


title: Council Decision 2007/665/CFSP of 28 September 2007 concerning the conclusion of an Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

text:
               13.10.2007

               EN

               Official Journal of the European Union

               L 270/27

         COUNCIL DECISION 2007/665/CFSP
   of 28 September 2007
   concerning the conclusion of an Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   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 30 May 2007, the Council adopted Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1).

               (2)

               Article 12(5) of Joint Action 2007/369/CFSP provides that detailed arrangements regarding the participation of third States shall be the subject of an agreement, in conformity with Article 24 of the Treaty.

               (3)

               On 13 September 2004, the Council authorised the Presidency, assisted where necessary by the Secretary-General/High Representative, in case of future EU civilian crisis management operations to open negotiations with third States with a view to concluding an agreement on the basis of the model agreement between the European Union and a third State on the participation of a third State in a European Union civilian crisis management operation. On that basis, the Presidency negotiated an Agreement with the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 September 2007.

            For the Council

            The President

         M. PINHO

      (1)  OJ L 139, 31.5.2007, p. 33.
    ---documentbreak---

               13.10.2007

               EN

               Official Journal of the European Union

               L 270/28

         AGREEMENT
   between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE REPUBLIC OF CROATIA,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption by the Council of the European Union on 30 May 2007 of Joint Action 2007/369/CFSP on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1),

               —

               the invitation to the Republic of Croatia to participate in EUPOL AFGHANISTAN,

               —

               the decision by the Republic of Croatia to participate in EUPOL AFGHANISTAN,

               —

               the Political and Security Committee Decision on the acceptance of the Republic of Croatia’s contribution to EUPOL AFGHANISTAN,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The Republic of Croatia shall associate itself with Joint Action 2007/369/CFSP and with any Joint Action or Decision by which the Council of the European Union decides to extend EUPOL AFGHANISTAN, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Republic of Croatia to EUPOL AFGHANISTAN is without prejudice to the decision-making autonomy of the European Union.
   3.   The Republic of Croatia shall ensure that its personnel participating in EUPOL AFGHANISTAN undertake their mission in conformity with:

               —

               Joint Action 2007/369/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               implementing measures.

         4.   Personnel seconded to EUPOL AFGHANISTAN by the Republic of Croatia shall carry out their duties and conduct themselves solely with the interest of EUPOL AFGHANISTAN in mind.
   5.   The Republic of Croatia shall inform in due time the EUPOL AFGHANISTAN Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to EUPOL AFGHANISTAN.
   6.   Personnel seconded to EUPOL AFGHANISTAN shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Republic of Croatia. Personnel seconded to EUPOL AFGHANISTAN shall produce a copy of this certification.
   Article 2
   Status of personnel
   1.   The status of the personnel contributed to EUPOL AFGHANISTAN by the Republic of Croatia shall be governed by the Agreement on the status of mission concluded between the European Union and the Islamic Republic of Afghanistan.
   2.   Without prejudice to the Agreement referred to in paragraph 1, the Republic of Croatia shall exercise jurisdiction over its personnel participating in EUPOL AFGHANISTAN.
   3.   The Republic of Croatia shall be responsible for answering any claims linked to the participation in EUPOL AFGHANISTAN, from or concerning any of its personnel. The Republic of Croatia shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel, in accordance with its laws and regulations.
   4.   The Republic of Croatia undertakes to make a declaration as regards the waiver of claims against any State participating in EUPOL AFGHANISTAN, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   5.   The European Union shall ensure that its Member States make a declaration as regards the waiver of claims for the participation of the Republic of Croatia in EUPOL AFGHANISTAN, and to do so when signing this Agreement.
   Article 3
   Classified information
   1.   The Republic of Croatia shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC (2), and in accordance with further guidance issued by competent authorities, including the EUPOL AFGHANISTAN Head of Mission.
   2.   The provisions of the Agreement between the European Union and the Republic of Croatia on security procedures for the exchange of EU classified information (3), dated 10 April 2006, shall apply in the context of EUPOL AFGHANISTAN.
   Article 4
   Chain of command
   1.   All personnel participating in EUPOL AFGHANISTAN shall remain under the full command of their national authorities.
   2.   National authorities shall transfer Operational Control to the EUPOL AFGHANISTAN Head of Mission, who shall exercise that command through a hierarchical structure of command and control.
   3.   The Head of Mission shall lead EUPOL AFGHANISTAN and assume its day-to-day management.
   4.   The Republic of Croatia shall have the same rights and obligations in terms of the day-to-day management of EUPOL AFGHANISTAN as participating European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 1(1) of this Agreement.
   5.   The EUPOL AFGHANISTAN Head of Mission shall be responsible for disciplinary control over EUPOL AFGHANISTAN personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   6.   A National Contingent Point of Contact (NPC) shall be appointed by the Republic of Croatia to represent its national contingent in EUPOL AFGHANISTAN. The NPC shall report to the EUPOL AFGHANISTAN Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   7.   The decision to end the operation shall be taken by the European Union, following consultation with the Republic of Croatia, provided that the Republic of Croatia is still contributing to EUPOL AFGHANISTAN at the date of termination of the operation.
   Article 5
   Financial aspects
   1.   The Republic of Croatia shall assume all the costs associated with its participation in the operation apart from the costs which are subject to common funding, as set out in the operational budget of the operation.
   2.   In case of death, injury, loss or damage to natural or legal persons from Afghanistan, the Republic of Croatia shall, when its liability has been established, pay compensation under the conditions provided for in the Agreement on status of mission, if available, as referred to in Article 2(1) of this Agreement.
   Article 6
   Contribution to operational budget
   As the participation by the Republic of Croatia constitutes a significant contribution which is essential for the operation, the Republic of Croatia is exempted from contributions to the operational budget of EUPOL AFGHANISTAN.
   Article 7
   Arrangements to implement this Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General/High Representative and the appropriate authorities of the Republic of Croatia.
   Article 8
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in this Agreement, the other Party shall have the right to terminate this Agreement by written notification through diplomatic channels one month in advance.
   Article 9
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 10
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other through diplomatic channels of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall remain in force for the duration of the Republic of Croatia’s contribution to the operation.

      Done at Brdo pri Kranjiv, on the fourth day of October in the year two thousand and seven in the English language in two copies.

            For the European Union

            For the Republic of Croatia

      (1)  OJ L 139, 31.5.2007, p. 33.

      (2)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).

      (3)  OJ L 116, 29.4.2006, p. 74.
   ANNEX
   Declarations
   Referred to in Article 2(4) and (5)
   DECLARATION BY THE EU MEMBER STATES
   ‘The EU Member States applying Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Croatia for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by EUPOL AFGHANISTAN if such injury, death, damage or loss:

               —

               was caused by personnel from the Republic of Croatia in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of gross negligence or wilful misconduct,

               —

               or arose from the use of any assets owned by the Republic of Croatia, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EUPOL AFGHANISTAN personnel from the Republic of Croatia using those assets.’

         DECLARATION BY THE REPUBLIC OF CROATIA
   ‘The Republic of Croatia applying Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in EUPOL AFGHANISTAN for injury, death of their personnel, or damage to, or loss of, any assets owned by itself and used by EUPOL AFGHANISTAN if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of gross negligence or wilful misconduct,

               —

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