title: Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council of 16 June 2011 on the signing, on behalf of the Union, and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the signing, on behalf of the Union, and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part

text:
               29.10.2011

               EN

               Official Journal of the European Union

               L 283/1

         DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL
   of 16 June 2011
   on the signing, on behalf of the Union, and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the signing, on behalf of the Union, and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part
   (2011/708/EU)
   THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL,
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 100(2), in conjunction with Article 218(5) and the first subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Air Transport Agreement between the European Community and its Member States, on the one hand, and the United States of America, on the other hand (1) (‘the Air Transport Agreement’), signed by the United States of America and the Member States of the European Community and the European Community on 25 and 30 April 2007, as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on 25 and 30 April 2007 (2) (‘the Protocol’), signed by the United States of America, the Member States of the European Union and the European Union on 24 June 2010, explicitly provides for the accession of third countries to the Air Transport Agreement.

               (2)

               In accordance with Article 18(5) of the Air Transport Agreement, as amended by the Protocol, the Joint Committee established thereunder has developed a proposal for the accession of Iceland and the Kingdom of Norway to the Air Transport Agreement, as amended by the Protocol.

               (3)

               On 16 November 2010 the Joint Committee proposed an Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (‘the Accession Agreement’).

               (4)

               The Commission has negotiated an Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (‘the Ancillary Agreement’).

               (5)

               The Accession Agreement and the Ancillary Agreement should be signed and applied on a provisional basis, pending the completion of the procedures for their conclusion,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The signing of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part and of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreements.
   The texts of the Accession Agreement and of the Ancillary Agreement are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Accession Agreement and the Ancillary Agreement on behalf of the Union.
   Article 3
   The Accession Agreement and the Ancillary Agreement shall be applied on a provisional basis as from the date of signature (3) by the Union and, to the extent permitted under applicable national law, by its Member States and by the relevant Parties, pending the completion of the procedures for their conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 16 June 2011.

            The President

         VÖLNER P.

      (1)  OJ L 134, 25.5.2007, p. 4.

      (2)  OJ L 223, 25.8.2010, p. 3.

      (3)  The date of signature of the Accession Agreement and the Ancillary Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               29.10.2011

               EN

               Official Journal of the European Union

               L 283/1

         AIR TRANSPORT AGREEMENT
   THE UNITED STATES OF AMERICA (hereinafter, ‘the United States’),
   of the first part;
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   IRELAND,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   being parties to the Treaty on European Union and the Treaty on the Functioning of the European Union and being Member States of the European Union (hereinafter, ‘the Member States’),
   and
   THE EUROPEAN UNION,
   of the second part;
   ICELAND,
   of the third part; and
   THE KINGDOM OF NORWAY (hereinafter, ‘Norway’),
   of the fourth part;
   DESIRING to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation;
   DESIRING to facilitate the expansion of international air transport opportunities, including through the development of air transportation networks to meet the needs of passengers and shippers for convenient air transportation services;
   DESIRING to make it possible for airlines to offer the travelling and shipping public competitive prices and services in open markets;
   DESIRING to have all sectors of the air transport industry, including airline workers, benefit in a liberalised agreement;
   DESIRING to ensure the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardise the safety of persons or property, adversely affect the operation of air transportation, and undermine public confidence in the safety of civil aviation;
   NOTING the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944;
   RECOGNISING that government subsidies may adversely affect airline competition and may jeopardise the basic objectives of this Agreement;
   AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy;
   NOTING the importance of protecting consumers, including the protections afforded by the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal May 28, 1999;
   INTENDING to build upon the framework of existing agreements with the goal of opening access to markets and maximising benefits for consumers, airlines, labour, and communities on both sides of the Atlantic;
   RECOGNISING the importance of enhancing the access of their airlines to global capital markets in order to strengthen competition and promote the objectives of this Agreement;
   INTENDING to establish a precedent of global significance to promote the benefits of liberalisation in this crucial economic sector;
   RECOGNISING that the European Union replaced and succeeded the European Community as a consequence of the entry into force on December 1, 2009 of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, and that as of that date, all the rights and obligations of, and all the references to the European Community in the Air Transport Agreement signed by the United States of America and the European Community and its Member States on April 25 and 30, 2007, apply to the European Union;
   HAVE AGREED AS FOLLOWS:
   Article 1
   Definition
   ‘Party’ means the United States, the European Union and its Member States, Iceland, or Norway.
   Article 2
   Application of the Air Transport Agreement as amended by the Protocol and the Annex to this Agreement
   The provisions of the Air Transport Agreement signed by the United States of America and the European Community and its Member States on April 25 and 30, 2007 (hereinafter, ‘the Air Transport Agreement’), as amended by the Protocol to Amend the Air Transport Agreement signed by the United States of America and the European Union and its Member States on June 24, 2010 (hereinafter, ‘the Protocol’), which are hereby incorporated by reference, shall apply to all Parties to this Agreement, subject to the Annex to this Agreement. The provisions of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland and Norway as though they were Member States of the European Union, so that Iceland and Norway shall have all of the rights and obligations of Member States under that agreement. The provisions of the Annex to this Agreement form an integral part of this Agreement.
   Article 3
   Termination or cessation of provisional application
   1.   Either the United States or the European Union and its Member States may, at any time, give notice in writing through diplomatic channels to the other three Parties of its decision to terminate this Agreement or to end this Agreement’s provisional application under Article 5.
   A copy of the notice shall be sent simultaneously to the International Civil Aviation Organization (ICAO). This Agreement shall terminate, or provisional application of this Agreement shall end, at midnight GMT at the end of the International Air Transport Association (IATA) traffic season in effect one year following the date of the written notification, unless the notice is withdrawn by agreement of all of the Parties before the end of this period.
   2.   Either Iceland or Norway may, at any time, give notice in writing through diplomatic channels to the other Parties of its decision to withdraw from this Agreement or to end its provisional application of this Agreement under Article 5. A copy of the notice shall be sent simultaneously to ICAO. Such withdrawal or cessation of provisional application shall be effective at midnight GMT at the end of the IATA traffic season in effect one year following the date of written notification, unless the notice is withdrawn by agreement of the Party giving written notice, the United States, and the European Union and its Member States before the end of this period.
   3.   Either the United States or the European Union and its Member States may, at any time, give notice in writing through diplomatic channels to Iceland or Norway of its decision to terminate this Agreement or to end this Agreement’s provisional application, with respect to Iceland or Norway. Copies of the notice shall be sent simultaneously to the other two Parties to this Agreement and to ICAO. Termination or cessation of provisional application with respect to Iceland or Norway shall be effective at midnight GMT at the end of the IATA traffic season in effect one year following the date of written notification, unless the notice is withdrawn by agreement of the United States, the European Union and its Member States, and the Party receiving the notice, before the end of this period.
   4.   For purposes of the diplomatic notes contemplated by this Article, diplomatic notes to or from the European Union and its Member States shall be delivered to or from, as the case may be, the European Union.
   5.   Notwithstanding any other provision of this Article, if the Air Transport Agreement, as amended by the Protocol, is terminated, this Agreement shall terminate simultaneously.
   Article 4
   Registration with ICAO
   This Agreement and all amendments thereto shall be registered with ICAO by the General Secretariat of the Council of the European Union.
   Article 5
   Provisional Application
   Pending its entry into force, the Parties agree to provisionally apply this Agreement, to the extent permitted under applicable domestic law, from the date of signature. If the Air Transport Agreement, as amended by the Protocol, is terminated in accordance with Article 23 thereof, or its provisional application ceases in accordance with Article 25 of that agreement, or provisional application of the Protocol ceases in accordance with Article 9 of the Protocol, provisional application of this Agreement shall cease simultaneously.
   Article 6
   Entry into force
   This Agreement shall enter into force on the later of:

               1.

               the date of entry into force of the Air Transport Agreement;

               2.

               the date of entry into force of the Protocol; and

               3.

               one month after the date of the last note of the exchanges of diplomatic notes among the Parties confirming that all necessary procedures for entry into force of this Agreement have been completed.

         For the purposes of this exchange of diplomatic notes, diplomatic notes to or from the European Union and its Member States shall be delivered to or from, as the case may be, the European Union. The diplomatic note or notes from the European Union and its Member States shall contain communications from each Member State confirming that its necessary procedures for entry into force of this Agreement have been completed.

      IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Agreement.
      Done at Luxembourg and Oslo, in quadruplicate, on the sixteenth and twenty-first of June 2011 respectively.

         For the United States of America

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l’Union européenne
         Per l’Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         Fyrir Ísland

         For Kongeriket Norge

         Voor het Koninkrijk België
         Pour le Royaume de Belgique
         Für das Königreich Belgien

         Deze handtekening verbindt eveneens het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
         Cette signature engage également la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
         Diese Unterschrift bindet zugleich die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

         За Репyблика Бългaрия

         Za Českou republiku

         For Kongeriget Danmark

         Für die Bundesrepublik Deutschland

         Eesti Vabariigi nimel

         Thar cheann Na hÉireann
         For Ireland

         Για την Ελληνική Δημοκρατία

         Por el Reino de España

         Pour la République française

         Per la Repubblica italiana

         Για την Κυπριακή Δημοκρατία

         Latvijas Republikas vārdā –

         Lietuvos Respublikos vardu

         Pour le Grand-Duché de Luxembourg

         A Magyar Köztársaság részéről

         Għal Malta

         Voor het Koninkrijk der Nederlanden

         Für die Republik Österreich

         W imieniu Rzeczypospolitej Polskiej

         Pela República Portuguesa

         Pentru România

         Za Republiko Slovenijo

         Za Slovenskú republiku

         Suomen tasavallan puolesta
         För Republiken Finland

         För Konungariket Sverige

         For the United Kingdom of Great Britain and Northern Ireland

   JOINT DECLARATION
   Representatives of the United States of America, the European Union and its Member States, Iceland, and the Kingdom of Norway confirmed that the text of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part ("the Agreement"), is to be authenticated in other languages, as provided either, before signature of the Agreement, by Exchanges of Letters or, after signature of the Agreement, by decision of the Joint Committee.
   This Joint Declaration is an integral part of the Agreement.

         For the United States of America

         For the European Union and its Member States

         For Iceland

         For the Kingdom of Norway

   ANNEX

      Specific provisions with respect to Iceland and Norway

   The provisions of the Air Transport Agreement, as amended by the Protocol, modified as follows, shall apply to all Parties to this Agreement. The provisions of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland and Norway as though they were Member States of the European Union, so that Iceland and Norway shall have all of the rights and obligations of Member States under that agreement, subject to the following:

               1.

               Paragraph 9 of Article 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:
               ‘ “Territory” means, for the United States, the land areas (mainland and islands), internal waters and territorial sea under its sovereignty or jurisdiction, and, for the European Union and its Member States, the land areas (mainland and islands), internal waters and territorial sea in which the Agreement on the European Economic Area is applied and under the conditions laid down in that agreement and any successor instrument, with the exception of the land areas and internal waters under the sovereignty or jurisdiction of the Principality of Liechtenstein; application of this Agreement to Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated, and to the continuing suspension of Gibraltar Airport from European Union aviation measures existing as at 18 September 2006 as between Member States, in accordance with the Ministerial statement on Gibraltar Airport agreed in Córdoba on 18 September 2006; and’.

               2.

               Articles 23 to 26 of the Air Transport Agreement, as amended by the Protocol, shall not apply to Iceland and Norway.

               3.

               Articles 9 and 10 of the Protocol shall not apply to Iceland and Norway.

               4.

               The following shall be added to Section 1 of Annex 1 of the Air Transport Agreement, as amended by the Protocol:

                           ‘w.

                           Iceland: Air Transport Agreement, signed at Washington June 14, 1995; amended March 1, 2002 by exchange of notes; amended August 14, 2006 and March 9, 2007 by exchange of notes.

                           x.

                           The Kingdom of Norway: Agreement relating to Air Transport Services effected by exchange of notes at Washington, October 6, 1945; amended August 6, 1954 by exchange of notes; amended June 16, 1995 by exchange of notes.’.

               5.

               The text of Section 2 of Annex 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:
               ‘Notwithstanding Section 1 of this Annex, for areas that are not encompassed within the definition of ‘territory’ in Article 1 of this Agreement, the agreements in paragraphs (e) (Denmark-United States), (g) (France-United States), (v) (United Kingdom-United States), and (x) (Norway-United States) of that section shall continue to apply, according to their terms.’.

               6.

               The text of Section 3 of Annex 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:
               ‘Notwithstanding Article 3 of this Agreement, U.S. airlines shall not have the right to provide all-cargo services, that are not part of a service that serves the United States, to or from points in the Member States, except to or from points in the Czech Republic, the French Republic, the Federal Republic of Germany, the Grand Duchy of Luxembourg, Malta, the Republic of Poland, the Portuguese Republic, the Slovak Republic, Iceland, and the Kingdom of Norway.’.

               7.

               The following sentence shall be added at the end of Article 3 of Annex 2 of the Air Transport Agreement, as amended by the Protocol:
               ‘For Iceland and Norway, this includes, but is not limited to, Articles 53, 54, and 55 of the Agreement on the European Economic Area and the European Union Regulations implementing Articles 101, 102 and 105 of the Treaty on the Functioning of the European Union as incorporated into the Agreement on the European Economic Area, as well as any amendments thereto.’.

               8.

               Paragraph 4 of Article 21 of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland and Norway to the extent that the relevant laws and regulations of the European Union are incorporated into the Agreement on the European Economic Area, in accordance with any adaptations thereby stipulated. The rights provided for in subparagraphs 4(a) and 4(b) of Article 21 of the Air Transport Agreement, as amended by the Protocol, shall only be available to Iceland or Norway if, with respect to the imposition of noise-based operating restrictions, Iceland or Norway, respectively, is subject, under the relevant laws and regulations of the European Union as incorporated into the Agreement on the European Economic Area, to oversight that is comparable to that provided for in paragraph 4 of Article 21 of the Air Transport Agreement, as amended by the Protocol.

          ---documentbreak--- NA ---documentbreak---

               29.10.2011

               EN

               Official Journal of the European Union

               L 283/1

         ANCILLARY AGREEMENT
   between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   IRELAND,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   being parties to the Treaty on European Union and to the Treaty on the Functioning of the European Union and being Member States of the European Union (hereinafter, ‘the Member States’),
   and
   THE EUROPEAN UNION,
   of the first part;
   ICELAND,
   of the second part;
   and
   THE KINGDOM OF NORWAY (hereinafter, ‘Norway’),
   of the third part;
   NOTING that the European Commission has negotiated, on behalf of the European Union and of the Member States, an Agreement on Air Transport with the United States of America in accordance with the Council Decision authorising the Commission to open negotiations,
   NOTING that the Air Transport Agreement between the United States of America and the European Community and its Member States (hereinafter, ‘the Air Transport Agreement’) was initialled on 2 March 2007, signed at Brussels on 25 April 2007 and at Washington, D.C. on 30 April 2007 and provisionally applied from 30 March 2008,
   NOTING that the Air Transport Agreement was amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Union and its Member States (hereinafter, ‘the Protocol’), initialled on 25 March 2010, and signed at Luxembourg on 24 June 2010,
   NOTING that Iceland and Norway, being fully integrated members of the single European Aviation Market through the Agreement on the European Economic Area, have adhered to the Air Transport Agreement as amended by the Protocol through an Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (hereinafter ‘the Agreement’), of even date, which incorporates the Air Transport Agreement as amended by the Protocol,
   RECOGNISING that it is necessary to lay down procedural arrangements for deciding, if appropriate, how to take measures pursuant to Article 21, paragraph 5 of the Air Transport Agreement as amended by the Protocol,
   RECOGNISING that it is furthermore necessary to lay down procedural arrangements for the participation of Iceland and Norway in the Joint Committee set up under Article 18 of the Air Transport Agreement as amended by the Protocol and in the arbitration procedures provided for in Article 19 of the Air Transport Agreement as amended by the Protocol. These procedural arrangements should ensure the necessary cooperation, flow of information and consultation before Joint Committee meetings, as well as the implementation of certain provisions of the Air Transport Agreement as amended by the Protocol, including those concerning security, safety, the granting and revocation of traffic rights and government support,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Notification
   Should the European Union and its Member States decide to terminate the Agreement in accordance with Article 3 of the Agreement or to discontinue its provisional application, or to withdraw notices to that effect, the Commission shall, before giving notice through diplomatic channels to the United States of America, immediately notify Iceland and Norway thereof. Iceland and/or Norway shall likewise immediately notify the Commission of any such decision.
   Article 2
   Suspension of Traffic Rights
   A decision not to allow airlines of the other Party to operate additional frequencies or enter new markets under the Agreement and give notice thereof to the United States of America, or to agree to lift any such decision, taken in accordance with Article 21, paragraph 5 of the Air Transport Agreement as amended by the Protocol, shall be adopted by the Council, on behalf of the European Union and of the Member States, acting unanimously in accordance with the relevant Treaty provisions, and by Iceland and Norway. The President of the Council, acting on behalf of the European Union and of the Member States, Iceland and Norway shall then give notice to the United States of America of any such decision.
   Article 3
   Joint Committee
   1.   The European Union, the Member States, Iceland and Norway shall be represented in the Joint Committee established under Article 18 of the Air Transport Agreement as amended by the Protocol by representatives of the Commission, the Member States, Iceland and Norway.
   2.   The position of the European Union, the Member States, Iceland and Norway within the Joint Committee shall be presented by the Commission, except in areas within the EU that fall exclusively within Member States’ competence, in which case it shall be presented by the Presidency of the Council or by the Commission, Iceland and Norway as appropriate.
   3.   The position to be taken by Iceland and Norway within the Joint Committee as regards matters that fall within Articles 14 or 20 of the Air Transport Agreement as amended by the Protocol, or matters that do not require the adoption of a decision having legal effects shall be adopted by the Commission in agreement with Iceland and Norway.
   4.   For other Joint Committee decisions concerning matters that fall within regulations and directives that are incorporated in the Agreement on the European Economic Area, the position to be taken by Iceland and Norway shall be adopted by Iceland and Norway on a proposal from the Commission.
   5.   For other Joint Committee decisions concerning matters that fall outside regulations and directives that are incorporated in the Agreement on the European Economic Area, the position to be taken by Iceland and Norway, shall be adopted by Iceland and Norway in agreement with the Commission.
   6.   The Commission shall take adequate measures to ensure full participation of Iceland and Norway in any coordination, consultation or decision shaping meetings with the Member States and access to the relevant information in preparation to Joint Committee meetings to be held.
   Article 4
   Arbitration
   1.   The Commission shall represent the European Union, the Member States, Iceland and Norway in arbitration proceedings under Article 19 of the Air Transport Agreement as amended by the Protocol.
   2.   The Commission shall, as appropriate, take measures to ensure the involvement of Iceland and Norway in the preparation and coordination of arbitration proceedings.
   3.   If the Council decides to suspend benefits in accordance with Article 19, paragraph 7 of the Air Transport Agreement as amended by the Protocol that decision shall be notified to Iceland and Norway. Iceland and/or Norway shall likewise inform the Commission of any such decision made.
   4.   Any other appropriate action to be taken under Article 19 of the Air Transport Agreement as amended by the Protocol on matters which within the EU fall within the Union competence shall be decided upon by the Commission, with assistance of a Special Committee of representatives of the Member States appointed by the Council, of Iceland and of Norway.
   Article 5
   Exchange of Information
   1.   Iceland and Norway shall promptly inform the Commission of any decision to refuse, revoke, suspend or limit the authorisations of an airline of the United States of America that they have adopted under Article 4 or 5 of the Air Transport Agreement as amended by the Protocol. The Commission shall likewise promptly inform Iceland and Norway of any such decision taken by Member States.
   2.   Iceland and Norway shall inform the Commission immediately of any requests or notifications made or received by them under Article 8 of the Air Transport Agreement as amended by the Protocol. The Commission shall likewise immediately inform Iceland and Norway of any such requests or notifications made or received by Member States.
   3.   Iceland and Norway shall inform the Commission immediately of any requests or notifications made or received by them under Article 9 of the Air Transport Agreement as amended by the Protocol. The Commission shall likewise immediately inform Iceland and Norway of any such requests or notifications made or received by Member States.
   Article 6
   Government subsidies and support
   1.   Should Iceland or Norway believe that a subsidy or support being considered or provided by a governmental entity in the territory of the United States of America will have the adverse competitive effects referred to in Article 14, paragraph 2 of the Air Transport Agreement as amended by the Protocol, it shall bring the matter to the attention of the Commission. Should a Member State have brought a similar matter to the attention of the Commission, the Commission shall likewise bring the matter to the attention of Iceland and Norway.
   2.   The Commission, Iceland and Norway may approach such entity or request a meeting of the Joint Committee established under Article 18 of the Air Transport Agreement as amended by the Protocol.
   3.   The Commission, Iceland and Norway shall inform each other immediately when they are contacted by the United States of America under Article 14, paragraph 3 of the Air Transport Agreement as amended by the Protocol.
   Article 7
   Termination or cessation of provisional application
   1.   A Party may, at any time, give notice in writing through diplomatic channels to the other Parties of its decision to terminate this Ancillary Agreement or to end its provisional application. This Ancillary Agreement shall terminate or shall cease to be provisionally applied at midnight GMT six months following the date of the written notification of termination or of cessation of provisional application, unless the notice is withdrawn by agreement of the Parties before the end of this period.
   2.   Notwithstanding any other provision of this Article, if the Agreement is terminated or its provisional application is ended, this Ancillary Agreement shall simultaneously terminate or cease to be provisionally applied.
   Article 8
   Provisional application
   Pending entry into force pursuant to Article 9, the Parties agree to provisionally apply this Ancillary Agreement, to the extent permitted under applicable domestic law, from the later of the date of the signature of this Ancillary Agreement or of the date specified in Article 5 of the Agreement.
   Article 9
   Entry into force
   This Ancillary Agreement shall enter into force either (a) one month after the date of the latest note in exchange of diplomatic notes between the Parties confirming that all necessary procedures for entry into force of this Ancillary Agreement have been completed, or (b) on the date of entry into force of the Agreement, whichever is the later.

      IN WITNESS WHEREOF, the undersigned, duly authorised to that effect, have signed this Ancillary Agreement.
      Done at Luxembourg and Oslo, in triplicate, on the 16th and 21st of June 2011 respectively, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Icelandic, Italian, Latvian, Lithuanian, Maltese, Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, all texts being authentic.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         Fyrir Ísland

         For Kongeriket Norge

         Voor het Koninkrijk België
         Pour le Royaume de Belgique
         Für das Königreich Belgien

         Deze handtekening verbindt eveneens het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
         Cette signature engage également la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
         Diese Unterschrift bindet zugleich die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

         За Репyблика Бългaрия

         Za Českou republiku

         For Kongeriget Danmark

         Für die Bundesrepublik Deutschland

         Eesti Vabariigi nimel

         Thar cheann Na hÉireann
         For Ireland

         Για την Ελληνική Δημοκρατία

         Por el Reino de España

         Pour la République française

         Per la Repubblica italiana

         Για την Κυπριακή Δημοκρατία

         Latvijas Republikas vārdā –

         Lietuvos Respublikos vardu

         Pour le Grand-Duché de Luxembourg

         A Magyar Köztársaság részéről

         Għal Malta

         Voor het Koninkrijk der Nederlanden

         Für die Republik Österreich

         W imieniu Rzeczypospolitej Polskiej

         Pela República Portuguesa

         Pentru România

         Za Republiko Slovenijo

         Za Slovenskú republiku

         Suomen tasavallan puolesta
         För Republiken Finland

         För Konungariket Sverige

         For the United Kingdom of Great Britain and Northern Ireland


title: 2013/548/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section VII — Committee of the Regions#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section VII — Committee of the Regions

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/130

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section VII — Committee of the Regions
   (2013/548/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 – C7-0230/2012) (2),

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 164, 165 and 166 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0093/2013),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the Committee of the Regions’ budget for the financial year 2011;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 68, 15.3.2011.

      (2)  OJ C 348, 14.11.2012, p. 1.

      (3)  OJ C 344, 12.11.2012, p. 1.

      (4)  OJ C 348, 14.11.2012, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 298, 26.10.2012, p. 1.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section VII — Committee of the Regions
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2011 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 – C7-0230/2012) (2),

                  —

                  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 164, 165 and 166 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0093/2013),

                  1.

                  Notes with satisfaction that in its 2011 annual report, the Court of Auditors observed that no significant weaknesses had been identified in respect of the audited topics related to the human resources and the procurement for the Committee of the Regions (‘the Committee’);

                  2.

                  Welcomes the fact that on the basis of its audit work, the Court of Auditors concluded that the payments as a whole for the year ended on 31 December 2011 for administrative and other expenditure of the institutions and bodies were free from material error;

                  3.

                  Notes that in 2011, the Committee had an approved budget of EUR 84 100 000, of which EUR 82 000 000 (EUR 90 800 000 in 2010) were commitment appropriations, with a utilisation rate of 97,5 %, lower than the 99,4 % of 2010; stresses that the Committee’s budget is purely administrative, with 72 % of expenditure relating to persons working with the institution and 28 % relating to buildings, furniture, equipment and miscellaneous running costs;

                  4.

                  Is dismayed at the fall in the budget utilisation rate; calls for action to improve that rate and for those changes made to be monitored;

                  5.

                  Recognises that the Committee’s new role, as outlined in the Treaty on the Functioning of the European Union, requires organisation adjustments but considers that those adaptations could have been predicted in the Committee’s budget commitments for 2011;

                  6.

                  Welcomes the projects on the internal organisation of the Committee which set out the objectives of cooperation between services and the development of synergies in common activities and joint actions; asks to be updated on the projects and be informed more precisely on the budgetary consequences of the measures taken;

                  7.

                  Congratulates both the Committee and the European Economic and Social Committee (EESC) for receiving EMAS and ISO-14001 certification; regrets, however, that no information was provided on the energy used from renewable sources as requested in last year’s Parliament discharge resolution; draws attention to the obligation to publish renewable energy share figures and environmental impact data;

                  8.

                  Notes with satisfaction that the recommendations and requirements made by Parliament’s Committee on Budgetary Control are recorded by the budget service of the Committee in a central database and the progress of implementation is regularly monitored;

                  9.

                  Asks the Committee to continue to monitor the staff structure in order to ensure that the organisation of posts is fully efficient and contributes to a better spending of the allocated budget;

                  10.

                  Welcomes the progressive phasing-in of videoconferencing; wishes to be informed regularly about its effectiveness and the savings that it creates, including savings on travel expenses;

                  11.

                  Acknowledges the recommendations of and the objectives set by the Committee’s Internal Audit service; considers, however, that execution must be improved and streamlined;

                  12.

                  Is pleased with the achievements in the area of translation following the renewed EESC-Committee Cooperation agreement; notes, however, that a high demand for translation during peak periods resulted in an increase for outsourcing resources; calls on the Committee to set a better timetable for translation demands;

                  13.

                  Invites the Committee to put the unused rate of the interpretation services requested during that year in the next annual activity report;

                  14.

                  Supports the conclusions of the mid-term evaluation of the administrative cooperation agreement between the Committee and the EESC; shares the view that some improvements should be made to rationalise human resources in the Joint Services and in translation;

                  15.

                  Calls for detailed information on the aims of administrative cooperation, the extent to which those aims are being achieved and the impact this is having in terms of savings;

                  16.

                  Congratulates the Committee for the consistent quality of the annual activity report and for providing a comprehensive annual impact report that is an important tool for the assessment of its work; notes with satisfaction that an exhaustive table of all human resources at the Committee’s disposal was provided in the annual activity report; invites the Committee to include in the table the break-down of the participation in professional training;

                  17.

                  Reiterates its position that in the interest of transparency, the declarations and the updates of financial interests of members from all the institutions should be accessible on the internet; welcomes the decision taken by the Committee’s Bureau in 2011 to make members’ declarations of financial interests available online and expects them to be made available at the earliest opportunity.

         (1)  OJ L 68, 15.3.2011.

         (2)  OJ C 348, 14.11.2012, p. 1.

         (3)  OJ C 344, 12.11.2012, p. 1.

         (4)  OJ C 348, 14.11.2012, p. 130.

         (5)  OJ L 248, 16.9.2002, p. 1.

         (6)  OJ L 298, 26.10.2012, p. 1.


title: 2012/176/EU: Council Decision of 8 March 2012 on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes#Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes

text:
               28.3.2012

               EN

               Official Journal of the European Union

               L 90/1

         COUNCIL DECISION
   of 8 March 2012
   on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes
   (2012/176/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with point (a)(i) of Article 218(6) and the second subparagraph of Article 218(8), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and its Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes (hereinafter ‘the Protocol’) was signed on behalf of the Union on 7 October 2010.

               (2)

               As a result of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (3)

               The Protocol should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes is hereby approved on behalf of the Union.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 10 of the Protocol.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 8 March 2012.

            For the Council

            The President

         M. BØDSKOV

      PROTOCOL
      to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
      of the one part, and
      THE KINGDOM OF MOROCCO, hereinafter referred to as ‘Morocco’,
      of the other part,
      hereinafter jointly referred to as ‘the Parties’,
      WHEREAS:

                  (1)

                  On 26 February 1996, Morocco concluded a Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and Morocco, of the other part (1) (hereinafter referred to as ‘the Agreement’).

                  (2)

                  The Brussels European Council of 17 and 18 June 2004 welcomed the Commission’s proposals for a European Neighbourhood Policy (ENP) and endorsed the Council conclusions of 14 June 2004.

                  (3)

                  The Council has on numerous later occasions adopted conclusions supporting that policy.

                  (4)

                  On 5 March 2007, the Council expressed support for the general and global approach outlined in the Commission’s communication of 4 December 2006 to enable ENP partners to participate in Community agencies and Community programmes on their merits and where authorised by the relevant legal bases.

                  (5)

                  Morocco has expressed its desire to participate in a number of Union programmes.

                  (6)

                  The detailed arrangements, in particular the financial contribution and the reporting and evaluation procedures, applicable to Morocco’s participation in any particular programme should be determined by a protocol between the Commission and the competent Moroccan authorities,

            HAVE AGREED AS FOLLOWS:
      Article 1
      Morocco is hereby authorised to participate in all current and future Union programmes opened to its participation, in accordance with the relevant provisions adopting those programmes.
      Article 2
      Morocco shall make a financial contribution to the general budget of the Union corresponding to its participation in specific programmes.
      Article 3
      The representatives of Morocco shall be allowed to take part, as observers and for the points which concern Morocco, in the management committees responsible for monitoring the programmes to which Morocco contributes financially.
      Article 4
      Projects and initiatives submitted by participants from Morocco shall, wherever possible, be subject to the same conditions, rules and procedures for the programmes concerned as those applicable to the Member States.
      Article 5
      The detailed arrangements governing Morocco’s participation in each programme, in particular the financial contribution payable and the reporting and evaluation procedures, shall be determined by a Memorandum of Understanding between the Commission and the competent Moroccan authorities, on the basis of the criteria established in the relevant programmes.
      If Morocco applies for Union external assistance to participate in a given Union programme on the basis of Article 3 of Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (2) or under any similar regulation providing for Union external assistance to Morocco that may be adopted in the future, the conditions governing the use by Morocco of Union external assistance shall be set out in a financing agreement in accordance with, in particular, Article 20 of Regulation (EC) No 1638/2006.
      Article 6
      In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), each Memorandum of Understanding concluded under Article 5 of this Protocol must stipulate ‘that financial controls or audits, or other checks, including administrative investigations, will be carried out by, or under the authority of, the Commission, the European Anti-Fraud Office and the Court of Auditors’.
      Detailed provisions should be adopted for financial controls and audits, administrative measures, penalties and recoveries that accord the Commission, the European Anti-Fraud Office and the Court of Auditors powers equivalent to their powers with regard to beneficiaries or contractors established in the Union.
      Article 7
      This Protocol shall apply for the period during which the Agreement is in force.
      This Protocol shall be signed and approved by the Parties in accordance with their respective procedures.
      Either Party may denounce this Protocol by written notification to the other Party. This Protocol shall cease to apply six months after the date of such notification.
      The denunciation of this Protocol by either of the Parties shall not affect the checks and controls to be carried out, where necessary, under the provisions of Article 5 or 6.
      Article 8
      No later than three years after the date of entry into force of this Protocol, and every three years thereafter, the Parties may review the implementation of this Protocol on the basis of the Kingdom of Morocco’s actual participation in Union programmes.
      Article 9
      This Protocol shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union applies and under the conditions laid down in that Treaty, and, on the other hand, to the territory of the Kingdom of Morocco.
      Article 10
      This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other, through diplomatic channels, of the completion of their respective procedures necessary for its entry into force.
      Article 11
      This Protocol shall form an integral part of the Agreement.
      Article 12
      This Protocol shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, French, Finnish, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Arabic languages, each text being equally authentic.

         Съставено в Брюксел на тринадесети декември две хиляди и десета година.
         Hecho en Bruselas, el trece de diciembre de dos mil diez.
         V Bruselu dne třináctého prosince dva tisíce deset
         Udfærdiget i Bruxelles den trettende december to tusind og ti.
         Geschehen zu Brüssel am dreizehnten Dezember zweitausendzehn.
         Kahe tuhande kümnenda aasta detsembrikuu kolmeteistkümnendal päeval Brüsselis.
         Έγινε στις Βρυξέλλες στις δεκατρείς Δεκεμβρίου δύο χιλιάδες δέκα.
         Done at Brussels on the thirteenth day of December in the year two thousand and ten.
         Fait à Bruxelles, le treize décembre deux mille dix.
         Fatto a Bruxelles, addì tredici dicembre duemiladieci.
         Briselē, divi tūkstoši desmitā gada trīspadsmitajā decembrī.
         Priimta du tūkstančiai dešimtų metų gruodžio tryliktą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizedik év december tizenharmadik napján.
         Magħmul fi Brussell, fit-tlettax-il jum ta' Diċembru tas-sena elfejn u għaxra.
         Gedaan te Brussel, de dertiende december tweeduizend tien.
         Sporządzono w Brukseli dnia trzynastego grudnia roku dwa tysiące dziesiątego.
         Feito em Bruxelas, em treze de Dezembro de dois mil e dez.
         Întocmit la Bruxelles, la treisprezece decembrie două mii zece.
         V Bruseli dňa trinásteho decembra dvetisícdesať.
         V Bruslju, dne trinajstega decembra leta dva tisoč deset.
         Tehty Brysselissä kolmantenatoista päivänä joulukuuta vuonna kaksituhattakymmenen.
         Som skedde i Bryssel den trettonde december tjugohundratio.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen

            За Кралство Мароко
            Por el Reino de Marruecos
            Za Marocké království
            For Kongeriget Marokko
            Für das Königreich Marokko
            Maroko Kuningriigi nimel
            Για το Βασίλειο του Μαρόκου
            For the Kingdom of Morocco
            Pour le Royaume du Maroc
            Per il Regno del Marocco
            Marokas Karalistes vārdā –
            Maroko Karalystės vardu,
            A Marokkói Királyság részéről
            Għar-Renju tal-Marokk
            Voor het Koninkrijk Marokko
            W imieniu Królestwa Maroka
            Pelo Reino de Marrocos
            Pentru Regatul Maroc
            Za Marocké kráľovstvo
            Za Kraljevino Maroko
            Marokon kuningaskunnan puolesta
            För Konungariket Marocko

         (1)  OJ L 70, 18.3.2000, p. 2.

         (2)  OJ L 310, 9.11.2006, p. 1.

         (3)  OJ L 248, 16.9.2002, p. 1.


title: 2010/702/EU: Council Decision of 21 October 2010 on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, with regard to the adoption of provisions on the coordination of social security systems#Draft — Decision No …/… of the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, of … with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/35

         COUNCIL DECISION
   of 21 October 2010
   on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2010/702/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 the proposal from the European Commission,
   Whereas:

               (1)

               Article 47 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1) (the Agreement), provides that the Stabilisation and Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in that Article.

               (2)

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

               (3)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, 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,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Stabilisation and Association Council set up by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, concerning the implementation of Article 47 of the Agreement shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 26, 28.1.2005, p. 3.

      Draft
      DECISION No …/… OF THE STABILISATION AND ASSOCIATION COUNCIL
      established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part,
      of …
      with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement
      THE STABILISATION AND ASSOCIATION COUNCIL,
      Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1), and in particular Article 47 thereof,
      Whereas:

                  (1)

                  Article 47 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (the Agreement), provides for the coordination of the social security systems of Croatia and the Member States and lays down the principles for such coordination.

                  (2)

                  Article 47 of the Agreement provides that the Stabilisation and Association Council shall adopt a Decision for the purpose of implementing the objectives set out in that Article.

                  (3)

                  With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other Contracting Party, where such facts or events are not taken into account under the legislation of the first Contracting Party, other than the right to export certain benefits.

                  (4)

                  In applying this Decision, the right of Croatian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Croatia.

                  (5)

                  Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Croatian workers in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 47(1) of the Agreement.

                  (6)

                  It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Croatia, in order to facilitate the application of the coordination rules.

                  (7)

                  To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Croatia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Croatia as well as between the person concerned and the institution of the competent State.

                  (8)

                  Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

            HAS ADOPTED THIS DECISION:
      PART I

         GENERAL PROVISIONS

      Article 1
      Definitions
      1.   For the purposes of this Decision:

                  (a)

                  ‘Agreement’ means the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part;

                  (b)

                  ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

                  (c)

                  ‘implementing Regulation’ means 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 (4);

                  (d)

                  ‘Member State’ means a Member State of the European Union;

                  (e)

                  ‘worker’ means,

                              (i)

                              for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                              (ii)

                              for the purposes of the legislation of Croatia, a person pursuing an activity as an employed person within the meaning of that legislation;

                  (f)

                  ‘member of the family’ means,

                              (i)

                              for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                              (ii)

                              for the purposes of the legislation of Croatia, a member of the family within the meaning of that legislation;

                  (g)

                  ‘legislation’ means,

                              (i)

                              in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision;

                              (ii)

                              in relation to Croatia, the relevant legislation as applicable in Croatia relating to the benefits covered by this Decision;

                  (h)

                  ‘benefits’ means,

                              —

                              old-age pensions,

                              —

                              survivors’ pensions,

                              —

                              pensions in respect of accidents at work and occupational diseases,

                              —

                              invalidity pensions related to accidents at work and occupational diseases,

                              —

                              family allowances;

                  (i)

                  ‘exportable benefits’ means,

                              (i)

                              in relation to the Member States:

                                          —

                                          old-age pensions,

                                          —

                                          survivors’ pensions,

                                          —

                                          pensions in respect of accidents at work and occupational diseases,

                                          —

                                          invalidity pensions related to accidents at work and occupational diseases,

                                    within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                              (ii)

                              in relation to Croatia, the corresponding benefits provided under the legislation of Croatia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision;

            2.   Other terms used in this Decision shall have the meaning which is assigned to them:

                  (a)

                  in relation to the Member States, in the Regulation and the implementing Regulation;

                  (b)

                  in relation to Croatia, in the relevant legislation as applicable in Croatia.

            Article 2
      Persons covered
      This Decision shall apply:

                  (a)

                  to workers who are Croatian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

                  (b)

                  to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

                  (c)

                  to workers who are nationals of a Member State who are or have been legally employed in the territory of Croatia and who are or have been subject to the legislation of Croatia, and their survivors; and

                  (d)

                  to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Croatia.

            Article 3
      Equality of treatment
      1.   Workers who are Croatian nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
      2.   Workers who are nationals of a Member State and are legally employed in Croatia and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Croatian nationals.
      PART II

         RELATIONS BETWEEN THE MEMBER STATES AND CROATIA

      Article 4
      Waiving of residence clauses
      1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

                  (i)

                  for the purpose of a benefit under the legislation of a Member State, within the territory of Croatia; or

                  (ii)

                  for the purpose of a benefit under the legislation of Croatia, within the territory of a Member State.

            2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Croatia.
      3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Croatia when these family members reside within the territory of a Member State.
      PART III

         MISCELLANEOUS PROVISIONS

      Article 5
      Cooperation
      1.   The Member States and Croatia shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
      2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Croatia shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Croatia may agree to certain expenses being reimbursed.
      3.   The authorities and institutions of the Member States and of Croatia may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
      4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
      5.   The persons concerned must inform the institutions of the competent Member State or Croatia, where the latter is the competent State, and of the Member State of residence or Croatia, where the latter is State of the residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
      6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
      7.   The Member States and Croatia may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Stabilisation and Association Council.
      Article 6
      Administrative checks and medical examinations
      1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
      2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Croatia or in Croatia when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
      The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
      The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
      3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Croatia or in Croatia when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
      The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
      4.   One or more Member States and Croatia may agree on other administrative provisions, subject to their informing the Stabilisation and Association Council thereof.
      5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
      Article 7
      Application of Article 120 of the Agreement
      Article 120 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.
      Article 8
      Special provisions for the application of the legislation of Croatia
      The Stabilisation and Association Council may, if necessary, lay down special provisions for the application of the legislation of Croatia in Annex II.
      Article 9
      Administrative procedures from existing bilateral agreements
      Administrative procedures contained in existing bilateral agreements between a Member State and Croatia may continue to apply provided that these procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.
      Article 10
      Agreements supplementing the procedures for implementing this Decision
      One or more Member States and Croatia may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.
      PART IV

         TRANSITIONAL AND FINAL PROVISIONS

      Article 11
      Transitional provisions
      1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
      2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
      3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
      4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Croatia concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
      5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Croatia.
      Article 12
      Annexes to this Decision
      1.   The Annexes to this Decision constitute an integral part thereof.
      2.   At the request of Croatia, the Annexes may be amended by a decision of the Stabilisation and Association Council.
      Article 13
      Entry into force
      This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

         Done at …, …

               For the Stabilisation and Association Council

               The President

         (1)  OJ L 26, 28.1.2005, p. 3.

         (2)  OJ L 124, 20.5.2003, p. 1.

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

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

         ANNEX I

            LIST OF CROATIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

         …

         ANNEX II

            SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF CROATIA

         …