title: Council Decision of 12 March 2010 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Government of the Faroes on Scientific and Technological Cooperation, associating the Faroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013)

text:
               17.9.2010

               EN

               Official Journal of the European Union

               L 245/1

         COUNCIL DECISION
   of 12 March 2010
   on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Government of the Faroes on Scientific and Technological Cooperation, associating the Faroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013)
   (2010/558/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186 in conjunction with the first sentence of the first subparagraph of Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Community, an Agreement with the Government of the Faroes on Scientific and Technological Cooperation (hereinafter referred to as ‘the Agreement’), which provides for provisional application as of 1 January 2010. Provisional application would enable entities from the Faroes to participate in the calls for proposals under the Union’s Seventh Framework Programme, planned for launching in January 2010.

               (2)

               The negotiations resulted in the Agreement initialled on 13 July 2009.

               (3)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Government of the Faroes on Scientific and Technological Cooperation, associating the Faroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013) is hereby approved on behalf of the European Union, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 3
   The Agreement shall be applied on a provisional basis as from 1 January 2010, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 12 March 2010.

            For the Council

            The President

         J. BLANCO

    ---documentbreak---

               17.9.2010

               EN

               Official Journal of the European Union

               L 245/2

         AGREEMENT
   between the European Union and the Government of the Faroes on Scientific and Technological Cooperation
   THE EUROPEAN UNION,
   hereinafter ‘the Union’,
   of the one part,
   and
   THE GOVERNMENT OF THE FAROES,
   hereinafter ‘the Faroes’,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   CONSIDERING the importance of current scientific and technological cooperation between the Faroes and the Union and their mutual interest in strengthening it in the context of the establishment of the European Research Area,
   WHEREAS Faroese researchers have already successfully been participating in projects funded by the Union,
   CONSIDERING the interest of both Parties in encouraging the mutual access of their research entities to research and development activities in the Faroes, on the one hand, and to the Union’s framework programmes for research and technological development, on the other,
   WHEREAS the Faroes and the Union have an interest in cooperating on these programmes to their mutual benefit,
   WHEREAS, by Decision No 1982/2006 EC (1) of 18 December 2006, the European Parliament and the Council of the European Union adopted the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (hereinafter referred to as ‘the Framework Programme’),
   CONSIDERING that the Government of the Faroes concludes this Agreement on behalf of the Kingdom of Denmark pursuant to the Act on the Conclusion of Agreements under International Law by the Government of the Faroes,
   WHEREAS, without prejudice to the relevant provisions of the Treaty on the Functioning of the European Union (hereinafter referred to as ‘TFEU’), this Agreement and any activities entered into under it will in no way affect the powers vested in the Member States to undertake bilateral activities with the Faroes in the fields of science, technology, research and development, and to conclude, where appropriate, agreements to that end,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope
   1.   The Faroes shall be associated, under the terms and conditions established by, or referred to, in this Agreement and its Annexes, to the Framework Programme as established by Decision No 1982/2006/EC, Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007 to 2013) (2), and by Council Decisions 2006/971/EC (3), 2006/972/EC (4), 2006/973/EC (5), 2006/974/EC (6) and 2006/975/EC (7) on various specific programmes under the Framework Programme.
   2.   All acts deriving from the acts referred to in paragraph 1, including the acts setting up the structures needed for the implementation of the Framework Programme through research activities under Articles 185 and 187 of the TFEU shall be applicable in the Faroes.
   3.   In addition to the association referred to in paragraph 1, cooperation may include:

               (a)

               regular discussions on the orientations and priorities for research policies and planning in the Faroes and the Union;

               (b)

               discussions on cooperation prospects and development;

               (c)

               timely provision of information concerning the implementation of programmes and research projects of the Faroes and of the Union, and concerning the results of work undertaken within the framework of this Agreement;

               (d)

               joint meetings;

               (e)

               visits and exchanges of research workers, engineers and technicians;

               (f)

               regular and sustained contacts between programme managers or project managers of the Faroes and the Union;

               (g)

               participation of experts in seminars, symposia and workshops.

         Article 2
   Terms and conditions with respect to the association of the Faroes to the Framework Programme
   1.   Legal entities of the Faroes shall participate in indirect actions and in activities of the Joint Research Centre of the Framework Programme under the same conditions as those applicable to legal entities of Member States of the Union, subject to the terms and conditions established by, or referred to, in Annexes I and II. For the Faroes research entities, the terms and conditions applicable for the submission and evaluation of proposals and those for the granting and conclusion of grant agreements and/or contracts under Union programmes shall be the same as those applicable for grant agreements and/or contracts concluded under the same programmes with research entities established in the Union, taking into account the mutual interests of the Union and the Faroes.
   Legal entities of the Union shall participate in the Faroes’ research programmes and projects in themes equivalent to those of the Framework Programme under the same conditions as those applicable to legal entities of the Faroes, subject to the terms and conditions established by, or referred to, Annexes I and II. A legal entity established in another country associated to the Framework Programme shall enjoy the same rights and obligations under this Agreement as legal entities that are established in a Member State, provided that the said associated country in which the entity is established has agreed to award legal entities from the Faroes the same rights and obligations.
   2.   From the date of the application of this Agreement the Faroes shall pay for every year of the duration of the Framework Programme a financial contribution to the annual budget of the Union. The financial contribution of the Faroes shall be added to the amount earmarked each year in the annual budget of the Union for commitment appropriations to meet the financial obligations arising out of different forms of measures necessary for the execution, management and operation of the Framework Programme. The rules governing the calculation and the payment of the financial contribution of the Faroes are set out in Annex III.
   3.   Representatives of the Faroes shall participate as observers in the committees of the Framework Programme established by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8). These committees shall meet without the presence of representatives of the Faroes at the time of voting. The Faroes will be informed of the result. Participation as referred to in this paragraph shall take the same form, including procedures for receipt of information and documentation, as that applicable to representatives from Member States.
   4.   Representatives of the Faroes shall participate as observers in the Board of Governors of the Joint Research Centre. Participation as referred to in this paragraph shall take the same form, including procedures for receipt of information and documentation, as that applicable to representatives from Member States.
   5.   Travel costs and subsistence costs incurred by representatives of the Faroes participating in meetings of the committees and bodies referred to in this Article, or in meetings related to the implementation of the Framework Programme organised by the Union shall be reimbursed by the Union on the same basis as, and in accordance with the procedures currently in force for, representatives of the Member States.
   Article 3
   Enhancement of cooperation
   1.   The Parties will make every effort, within the framework of their applicable legislation, to facilitate the free movement and residence of research workers participating in the activities covered by this Agreement and to facilitate cross-border movement of goods intended for use in such activities.
   2.   The Parties will ensure that no fiscal charge or levy shall be imposed upon the transferring of funds between the Union and the Faroes, when said funds are needed for the operation of activities covered by this Agreement.
   Article 4
   EU-Faroes Research Committee
   1.   A joint committee called the ‘EU-Faroes Research Committee’ shall be established, whose functions shall include:

               (a)

               ensuring, evaluating and reviewing the implementation of this Agreement;

               (b)

               examining any measure of a nature to improve and develop cooperation;

               (c)

               regularly discussing the future orientations and priorities of research policies and research planning in the Faroes and the Union and the prospects for future cooperation;

               (d)

               making, subject to each Party’s domestic approval processes, technical amendments to this Agreement as may be required.

         2.   The EU-Faroes Research Committee may identify, on request of the Faroes, regions of the Faroes that fulfil the criteria set out in Article 5(1) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (9) and which may therefore be eligible regions benefiting from research actions under the Work Programme ‘Research Potential’ under the specific ‘Capacities’ programme.
   3.   The EU-Faroes Research Committee, which shall be composed of representatives of the Commission and of the Faroes, shall adopt its Rules of Procedure.
   4.   The EU-Faroes Research Committee shall meet at least every two years. Extraordinary meetings shall be held at the request of one or other of the Parties.
   Article 5
   Final provisions
   1.   Annexes I, II, III and IV shall form an integral part of this Agreement.
   2.   This Agreement is hereby concluded for the remaining duration of the Framework Programme. It shall enter into force on the date on which both Parties have notified each other of the completion of their procedures for that purpose. It shall be provisionally applied as of 1 January 2010.
   This Agreement may only be amended in writing by common consent of the Parties. The entry into force of the amendments will follow the same procedure as those applicable for the Agreement itself through diplomatic channels. Either of the Parties may terminate this Agreement at any time upon six months’ written notice through diplomatic channels. Projects and activities in progress at the time of termination and/or expiry of this Agreement shall continue until their completion under the conditions laid down in this Agreement. The Parties shall settle by common consent any other consequences of termination.
   3.   Should a Party notify the other that it shall not conclude this Agreement, it is hereby mutually agreed that:

               —

               the Union shall reimburse to the Faroes its contribution to the annual budget of the European Union referred to in Article 2(2),

               —

               however, funds committed by the Union in relation to the participation of the Faroese legal entities in indirect actions, including reimbursements referred to in Article 2(5), shall be deducted by the Union from that reimbursement,

               —

               projects and activities launched under this provisional application and that are still in progress at the time of the notification referred to in paragraph 2 shall continue until their completion under the conditions laid down in this Agreement.

         4.   Should the Union decide to revise the FrameworkProgramme, it shall notify the Faroes of the exact content of these revisions within one week of their adoption by the Union. In case of such revision or extension of the research programmes, the Faroes may terminate this Agreement by giving six months’ notice. The Parties shall give notice of any intention to terminate or to extend this Agreement within three months of the adoption of the Union’s decision.
   5.   When the Union adopts a new multi-annual framework programme for research, technological development and demonstration activities, a new agreement may be renegotiated or renewed under mutually agreed conditions, at the request of either of the Parties.
   6.   This Agreement shall apply, on the one hand, to the territories in which the TFEU is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Faroes.
   7.   This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Faroese languages, each text being equally authentic.

      Съставено в Брюксел на трети юни две хиляди и десета година.
      Hecho en Bruselas, el tres de junio de dos mil diez.
      V Bruselu dne třetího června dva tisíce deset.
      Udfærdiget i Bruxelles den tredje juni to tusind og ti.
      Geschehen zu Brüssel am dritten Juni zweitausendzehn.
      Kahe tuhande kümnenda aasta juunikuu kolmandal päeval Brüsselis.
      'Εγινε στις Βρυξέλλες, στις τρεις Ιουνίου δύο χιλιάδες δέκα.
      Done at Brussels on the third day of June in the year two thousand and ten.
      Fait à Bruxelles, le trois juin deux mille dix.
      Fatto a Bruxelles, addì tre giugno duemiladieci.
      Briselē, divi tūkstoši desmitā gada trešajā jūnijā
      Priimta du tūkstančiai dešimtų metų birželio trečią dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-tizedik év június harmadik napján.
      Magħmul fi Brussell, it-tielet jum ta' Ġunju tas-sena elfejn u għaxra.
      Gedaan te Brussel, de derde juni tweeduizend tien.
      Sporządzono w Brukseli dnia trzeciego czerwca dwa tysiące dziesiątego roku.
      Feito em Bruxelas, em três de Junho de dois mil e dez.
      Întocmit la Bruxelles, la trei iunie două mii zece.
      V Bruseli tretieho júna dvetisícdesať.
      V Bruslju, dne tretjega junija leta dva tisoč deset.
      Tehty Brysselissä kolmantena päivänä kesäkuuta vuonna kaksituhattakymmenen.
      Som skedde i Bryssel den tredje juni tjugohundratio.
      Gjørdur í Brússel triðja juni tvey túsund og tíggju.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savieníbas vārdā
         Europos Sajungos vardu
         Az Európai Unió részéről
         Ghall-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
         Fyri Evropeiska Somveldið

         За правителството на Фарьорските острови
         Por el Gobierno de las Islas Feroe
         Za vládu Faerských ostrovů
         For Færøernes landsstyre
         Für die Regierung der Färöer
         Fääri saarte valitsuse nimel
         Για την Κυβέρνηση των Νήσων Φερόες
         For the Government of the Faroes
         Pour le gouvernement des îles Féroé
         Per il governo delle isole Færøer
         Fēru salu valdības vārdā
         Farerų Vyriausybės vardu
         A Feröer szigetek kormánya részéről
         Għall-Gvern tal-Gżejjer Faeroe.
         Voor de regering van de Faeröer
         W imieniu rządu Wysp Owczych
         Pelo Governo das IIhas Faroé
         Pentru Guvernul Insulelor Feroe
         Za vládu Faerských ostrovov
         Za Vlado Ferskih otokov
         Färsaarten hallituksen puolesta
         För Färöarnas landsstyre
         Fyri Føroya landsslýri

      (1)  OJ L 412, 30.12.2006, p. 1.

      (2)  OJ L 391, 30.12.2006, p. 1.

      (3)  OJ L 400, 30.12.2006, p. 86.

      (4)  OJ L 400, 30.12.2006, p. 243.

      (5)  OJ L 400, 30.12.2006, p. 272.

      (6)  OJ L 400, 30.12.2006, p. 299.

      (7)  OJ L 400, 30.12.2006, p. 368.

      (8)  OJ L 184, 17.7.1999, p. 23.

      (9)  OJ L 210, 31.7.2006, p. 25.
   ANNEX I

      TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF MEMBER STATES OF THE UNION AND OF THE FAROES

   For the purpose of this Agreement, a ‘legal entity’ means any natural person, or any legal person created under the national law of its place of establishment or under Union law, having legal personality and being entitled to rights and obligations of any kind in its own name.
   I.   Terms and conditions for the participation of legal entities of the Faroes in indirect actions of the Framework Programme

               1.

               Participation and funding of legal entities established in the Faroes in indirect actions of the Framework Programme shall follow the conditions laid down for associated countries in Regulation (EC) No 1906/2006. In case the Union makes provisions for the implementation of Articles 185 and 187 of the TFEU, the Faroes shall be allowed to participate in the legal structures created under these provisions, subject to the rules setting up such legal structures.
               Legal entities established in the Faroes shall be eligible for participation in indirect actions based on Articles 185 and 187 of the TFEU under the same conditions as legal entities established in the Member States.
               Legal entities established in the Faroes shall be eligible, under the same conditions as legal entities established in the Member States, for loans the Europen Investment Bank makes in support of research objectives set out under the Framework Programme (Risk-Sharing Finance Facility).

               2.

               Legal entities of the Faroes shall be taken into consideration, alongside those of the Union, for the selection of an adequate number of independent experts for the tasks and under the conditions foreseen in Articles 17 and 27 of Regulation (EC) No 1906/2006 and for participation in various groups and advisory Committees of the Framework Programme taking into account the skills and knowledge appropriate to the tasks assigned to them.

               3.

               In conformity with Regulation (EC) No 1906/2006 and the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (hereinafter referred to as ‘Financial Regulation’), a grant agreement and/or contract concluded by the Union with any legal entity of the Faroes in order to perform an indirect action shall provide for controls and audits to be carried out by, or under the authority of, the Commission or the Court of Auditors of the European Union. In a spirit of cooperation and mutual interest, the relevant authorities of the Faroes shall provide any reasonable and feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.

         II.   Terms and conditions for the participation of legal entities of the Member States in the Faroese research programmes and projects

               1.

               The participation of legal entities established in the Union, created under the national law of one of the Member States of the Union or under the Union law, in projects of the Faroese research and development programmes may require the joint participation of at least one Faroese legal entity. Proposals for such participation shall be submitted jointly, where required, with the Faroese legal entity/ies.

               2.

               Subject to paragraph 1 and to Annex II, the rights and obligations of legal entities established in the Union participating in the Faroese research projects within research and development programmes, the terms and conditions applicable for the submission and evaluation of proposals and for the granting and conclusion of grant agreements and/or contracts in such projects shall be subject to the Faroese laws, regulations and government directives governing the operation of research and development programmes, as well as national security constraints where applicable, as applicable to Faroese legal entities and assuring equitable treatment, taking into account the nature of the cooperation between the Faroes and the Union in this field.
               Funding of legal entities established in the Union participating in Faroese research projects within research and development programmes shall be subject to Faroese laws, regulations and government directives governing the operation of research and development programmes, as well as national security constraints where applicable, as applicable to non-Faroese legal entities participating in the Faroese research projects within research and development programmes. In the case where funding is not provided to the non-Faroese legal entities, Union legal entities shall cover their own costs, including their relative share of the project’s general management and administrative costs.

               3.

               Proposals for research in all fields are to be submitted to the Faroese Research Council (Granskingarráðið).

               4.

               The Faroes shall regularly inform the Union of current Faroese programmes and participation opportunities for legal entities established in the Union.

      (1)  OJ L 248, 16.9.2002, p. 1.
   ANNEX II

      PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS

   I.   Application
   For the purposes of this Agreement: ‘intellectual property’ shall have the meaning given in Article 2 of the Convention establishing the World Intellectual Property Organisation, signed in Stockholm on 14 July 1967, ‘knowledge’ shall mean the results, including information, whether or not they can be protected, as well as copyrights or rights pertaining to such information following applications for, or the issue of, patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.
   II.   Intellectual property rights of legal entities of the Parties

               1.

               Each Party shall ensure that the intellectual property rights of legal entities of the other Party participating in activities carried out pursuant to this Agreement, and the related rights and obligations arising from such a participation, shall be consistent with the relevant international conventions that are applicable to the Parties, including the TRIPS Agreement (Agreement on trade-related aspects of intellectual property rights administered by the World Trade Organisation) as well as the Berne Convention (Paris Act 1971) and the Paris Convention (Stockholm Act 1967).

               2.

               Legal entities of the Faroes participating in an indirect action of the Framework Programme shall have rights and obligations on intellectual property under the conditions laid down in Regulation (EC) No 1906/2006 and in the grant agreements and/or contracts concluded with the Union accordingly, and that shall comply with paragraph 1. Where legal entities of the Faroes participate in an indirect action of the Framework Programme implemented pursuant to Article 185 of the TFEU, they shall have the same rights and obligations on intellectual property as those of the participating Member States laid down in the relevant decision of the European Parliament and the Council and the grant agreement and/or contract concluded with the Union accordingly, and that shall comply with paragraph 1.

               3.

               Legal entities of the Union participating in Faroese research programmes or projects shall have the same rights and obligations on intellectual property as those of legal entities established in the Faroes participating in such research programmes or projects, and that shall comply with paragraph 1.

         III.   Intellectual property rights of the Parties

               1.

               Except if otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by the Parties in the course of activities carried out within Article 1(3) of this Agreement:

                           (a)

                           the Party generating such knowledge shall be the owner of that knowledge. Where their respective share of the work cannot be ascertained, they shall have joint ownership of such knowledge;

                           (b)

                           the Party owning that knowledge shall grant access rights on it to the other Party for carrying out activities referred to in Article 1(3) of this Agreement. Such access rights shall be granted on a royalty-free basis.

               2.

               Except if otherwise specifically agreed by the Parties, the following rules shall apply to scientific literary works of the Parties:

                           (a)

                           in the case where a Party publishes scientific and technical data, information and results, by means of journals, articles, reports, books, including video and software, arising and relating to activities carried out pursuant to this Agreement, a worldwide, non-exclusive, irrevocable, royalty-free licence shall be granted to the other Party to translate, reproduce, adapt, transmit and publicly distribute such works;

                           (b)

                           all copies of data and information, protected by copyright, that have to be publicly distributed and prepared under this section, shall indicate the names of the author(s) of the work unless an author explicitly declines to be named. They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.

               3.

               Except if otherwise specifically agreed by the Parties, the following rules shall apply to undisclosed information of the Parties:

                           (a)

                           when communicating to the other Party information relating to activities carried out pursuant to this Agreement, each Party shall identify that information it wishes to remain undisclosed;

                           (b)

                           the receiving Party may under its own responsibility communicate undisclosed information to bodies or persons under its authority for the specific purposes of implementing this Agreement;

                           (c)

                           with the prior written consent of the Party providing undisclosed information, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in point (b). The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will provide such approval to the extent permitted by its domestic policies, regulations and laws;

                           (d)

                           non-documentary undisclosed or other confidential information provided in seminars and other meetings between representatives of the Parties arranged under this Agreement, or information arising from the attachment of staff, use of facilities or indirect actions, shall remain confidential when the recipient of such undisclosed or other confidential or privileged information was made aware of the confidential character of the information communicated at the time such communication was made, in accordance with point (a);

                           (e)

                           each Party shall endeavour to ensure that undisclosed information received by it under points (a) and (c) is controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions laid down in points (a) and (c), it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.

         ANNEX III

      RULES GOVERNING THE FINANCIAL CONTRIBUTION OF THE FAROES TO THE FRAMEWORK PROGRAMME

   I.   Calculation of the financial contribution of the Faroes

               1.

               The financial contribution of the Faroes to the Framework Programme shall be established on a yearly basis in proportion to, and in addition to, the amount available each year in the annual budget of the Union for commitment appropriations needed for the implementation, management and operation of the Framework Programme, in accordance with the Financial Regulation and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (1).

               2.

               The proportionality factor governing the contribution of the Faroes shall be obtained by establishing the ratio between the gross domestic product of the Faroes, at market prices, and the sum of gross domestic products, at market prices, of the Member States of the Union. These ratios shall be calculated, for the Member States, on the basis of the latest statistical data from the Commission (Eurostat), available at the time of publication of the preliminary draft budget of the Union for the same year and for the Faroes on the basis of the latest statistical data pertaining to the same year from the National Statistical Authority of the Faroes (Hagstova Føroya) available at the time of publication of the preliminary draft budget of the Union.

               3.

               The Commission shall communicate to the Faroes, as soon as possible, and at the latest on 1 September of the year before each financial year, the following information together with relevant background material:

                           —

                           the amounts in commitment appropriations, in the statement of expenditure of the preliminary draft budget of the Union corresponding to the Framework Programme,

                           —

                           the estimated amount of the contributions derived from the preliminary draft budget of the Union, corresponding to the participation of the Faroes in the Framework Programme in accordance with paragraphs 1, 2 and 3.

                     Once the annual budget of the Union has been finally adopted, the Commission shall communicate to the Faroes, in the statement of expenditure corresponding to the Faroese participation, the final amounts referred to in paragraph 1.

         II.   Payment of the financial contribution of the Faroes

               1.

               The Commission shall issue, at the latest in January and June of each financial year, a call for funds to the Faroes corresponding to its contribution under this Agreement. These calls for funds shall provide, respectively, for the payment:
               of six-twelfths of the Faroese contribution 30 days after receipt of the calls for funds. However, the six-twelfths to be paid 30 days after receipt of the call issued in January shall be calculated on the basis of the amount set out in the statement of revenue of the preliminary draft budget: the regularisation of the amount thus paid shall occur with the payment of the six-twelfths 30 days after receipt of the call for funds issued at the latest in June.
               For the first year of implementation of this Agreement, the Commission shall issue a first call for funds within 30 days of its provisional application. Should this call be issued after 15 June, it shall provide for the payment of twelve/twelfths of the Faroese contribution within 30 days, calculated on the basis of the amount set out in the statement of revenue of the budget.

               2.

               The contribution of the Faroes shall be expressed and paid in euro. Payment by the Faroes shall be credited to the Union programmes as budgetary revenue allocated to the appropriate budget heading in the statement of revenue of the annual budget of the Union. The Financial Regulation shall apply to the management of the appropriations.

               3.

               The Faroes shall pay its contribution under this Agreement in accordance with the schedule in paragraph 1. Any delay in the payment of the contribution shall give rise to the payment of default interest by the Faroes on the outstanding amount from the due date. The interest rate for amounts receivable not repaid on the due date shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by one and a half percentage points.
               In case the delay in the payment of the contribution is such that it may significantly jeopardise the implementation and management of the programme, participation in the programme of the Faroes for the concerned financial year will be suspended by the Commission following the absence of payment 20 working days after a formal letter of reminder sent to the Faroes, without prejudice to the Union’s obligations in accordance with grant agreements and/or contracts already concluded pertaining to the implementation of selected indirect actions.

               4.

               At the latest on 31 May of the year following a financial year, the statement of appropriations for the Framework Programme for that financial year shall be prepared and transmitted to the Faroes for information, in accordance with the format of the Commission’s revenue and expenditure account.

               5.

               The Commission, at the time of the closure of the accounts relating to each financial year, within the framework of the establishment of the revenue and expenditure account, shall proceed to the regularisation of the accounts with respect to the participation of the Faroes. This regularisation shall take into consideration modifications which have taken place, either by transfers, cancellations, carryovers, de-commitments, or by supplementary and amending budgets during the financial year. This regularisation shall occur at the time of the second payment for the next financial year, and for the last financial year in July 2014. Further regularisation shall occur every year until July 2016.

      (1)  OJ L 357, 31.12.2002, p. 1.
   ANNEX IV

      FINANCIAL CONTROL OF FAROESE PARTICIPANTS IN THE UNION PROGRAMMES COVERED BY THIS AGREEMENT

   I.   Direct communication
   The Commission shall communicate directly with the participants in the programme established in the Faroes and with their subcontractors. They may submit directly to the Commission all relevant information and documentation which they are required to submit on the basis of the instruments referred to in this Agreement and of the grant agreements and/or contracts concluded to implement them.
   II.   Audits

               1.

               In accordance with Regulation (EC, Euratom) No 1605/2002 and Regulation (EC, Euratom) No 2342/2002 and other rules referred to in this Agreement, the grant agreements and/or contracts concluded with participants in the programme established in the Faroes may provide for scientific, financial, technological or other audits to be conducted at any time on the premises of the participants and of their subcontractors by Commission agents or by other persons mandated by the Commission including OLAF.

               2.

               Commission agents, the Court of Auditors of the European Union and persons mandated by the Commission including OLAF shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including in electronic form, subject to this right of access being included and stated explicitly in the grant agreements and/or contracts concluded to implement the instruments referred to in this Agreement with participants from the Faroes.

               3.

               The audits may be conducted after the Framework Programme or this Agreement expire, on the terms laid down in the grant agreements and/or contracts in question.

               4.

               The competent Faroese authority designated by the Faroese government shall be informed in advance of the audits conducted on the territory of the Faroes. Such notification shall not be a legal precondition for carrying out such audits.

         III.   On-the-spot checks

               1.

               Within the framework of this Agreement, the Commission, including OLAF, shall be authorised to carry out on-the-spot checks and inspections in the premises of participants and their subcontractors from the Faroes, in accordance with the terms and conditions laid down in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (1).

               2.

               On-the-spot checks and inspections shall be prepared and conducted by the Commission in close collaboration with the National Audit Office (Landsgrannskoðanin). The latter shall be notified a reasonable time in advance of the object, purpose and legal basis of the checks and inspections, so that it can provide assistance. To that end, the officials of the competent Faroese authorities may participate in the on-the-spot checks and inspections.

               3.

               If the Faroese authorities concerned so wish, the on-the-spot checks and inspections may be carried out jointly by the Commission and them.

               4.

               Where the participants in the Framework Programme resist an on-the-spot check or inspection, the Faroese authorities, acting in accordance with national rules and regulations, shall assist the Commission inspectors to a reasonable extent as needed to allow them to fulfil their duty in carrying out an on-the-spot check or inspection.

               5.

               The Commission shall report as soon as possible to the competent Faroese authority any fact or suspicion relating to an irregularity which has come to its notice in the course of the on-the-spot check or inspection. In any case the Commission shall be required to inform the abovementioned authority of the result of such checks and inspections.

         IV.   Information and consultation

               1.

               For the purposes of proper implementation of this Annex, the competent Faroese and Union authorities shall regularly exchange information, unless forbidden or unauthorised by national rules and regulations and, at the request of one of the Parties, shall conduct consultations.

               2.

               The competent Faroese authorities shall inform the Commission within reasonable time of any fact or suspicion which has come to their notice relating to an irregularity in connection with the conclusion and implementation of the grant agreements and/or contracts concluded in application of the instruments referred to in this Agreement.

         V.   Confidentiality
   Information communicated or acquired in any form under this Annex shall be covered by professional secrecy and protected in the same way as similar information is protected by Faroese law and by the corresponding provisions applicable to the Union institutions. Such information may not be communicated to persons other than those within the Union institutions or in the Member States or the Faroes whose functions legally require them to know it, nor may it be used for purposes other than to ensure effective protection of the Parties’ financial interests.
   VI.   Administrative measures and penalties
   Without prejudice to the application of Faroese criminal law, administrative measures and penalties may be imposed by the Commission in accordance with Regulations (EC, Euratom) No 1605/2002, and (EC, Euratom) No 2342/2002 and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 (2) on the protection of the European Communities’ financial interests.
   VII.   Recovery and enforcement
   Decisions taken by the Commission under the Framework Programme within the scope of this Agreement which impose a pecuniary obligation on persons other than States shall be enforceable in the Faroes by means of civil procedure in a Faroese Court. The relevant enforcement provisions are incorporated in the grant agreements with participants from the Faroes. The enforcement order shall be submitted to the Faroese Court, without any further control other than verification of the authenticity of the act, by the authorities designated by the Government of the Faroes, which shall inform the Commission thereof. Enforcement shall take place in accordance with the Faroese rules of procedure. The legality of the enforcement decision shall be subject to control by the Court of Justice of the European Union. Judgments given by the Court of Justice pursuant to an arbitration clause in a grant agreement and/or contract under the Framework Programme shall be enforceable on the same terms.

      (1)  OJ L 292, 15.11.1996, p. 2.

      (2)  OJ L 312, 23.12.1995, p. 1.


title: Council Decision 2009/916/CFSP of 23 October 2009 concerning the signing and conclusion of the Agreement between the European Union and the Republic of Seychelles on the status of the European Union-led force in the Republic of Seychelles in the framework of the EU military operation Atalanta

text:
               10.12.2009

               EN

               Official Journal of the European Union

               L 323/12

         COUNCIL DECISION 2009/916/CFSP
   of 23 October 2009
   concerning the signing and conclusion of the Agreement between the European Union and the Republic of Seychelles on the status of the European Union-led force in the Republic of Seychelles in the framework of the EU military operation Atalanta
   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 15 May 2008, the United Nations Security Council (UNSC) adopted Resolution 1814 (2008) calling on States and regional organisations to take action to protect shipping involved in the transport and delivery of humanitarian aid to Somalia and in activities authorised by the United Nations.

               (2)

               On 2 June 2008, the UNSC adopted Resolution 1816 (2008) authorising, for a period of six months from the date of that Resolution, States cooperating with the Transitional Federal Government of Somalia to enter the territorial waters of Somalia and to use, in a manner consistent with relevant international law, all necessary means to repress acts of piracy and armed robbery at sea. Those provisions were renewed for an additional period of 12 months by UNSC Resolution 1846 (2008), adopted on 2 December 2008.

               (3)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (operation ‘Atalanta’).

               (4)

               Article 11 of Joint Action 2008/851/CFSP provides that the status of the EU-led forces and their personnel who are stationed on the land territory of third States, or operate in the territorial or internal waters of third States, is to be agreed in accordance with the procedure laid down in Article 24 of the Treaty.

               (5)

               Following authorisation by the Council on 18 September 2007, in accordance with Article 24 of the Treaty, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the Republic of Seychelles on the status of the EU-led forces in the Republic of Seychelles.

               (6)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Seychelles on the status of the European Union-led forces in the Republic of Seychelles in the framework of the EU military operation Atalanta is hereby approved on behalf of the 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 Luxembourg, 23 October 2009.

            For the Council

            The President

         T. BILLSTRÖM

      (1)  OJ L 301, 12.11.2008, p. 33.
    ---documentbreak---

               10.12.2009

               EN

               Official Journal of the European Union

               L 323/14

         AGREEMENT
   between the European Union and the Republic of Seychelles on the status of the European Union-led forces in the Republic of Seychelles in the framework of the EU military operation Atalanta
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE REPUBLIC OF SEYCHELLES, hereinafter referred to as ‘the Host State’,
   of the other part,
   together hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:
   United Nations (UN) Security Council Resolutions (UNSCRs) 1814 (2008), 1838 (2008), 1846 (2008) and 1851 (2008),
   the letters from the Republic of Seychelles dated 2 April 2009 and 21 August 2009 requesting the presence of the EU naval force on its territory,
   Joint Action 2008/851/CFSP of the Council of the European Union of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the coast of Somalia,
   that this Agreement will not affect the Parties’ rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   This Agreement shall apply to the European Union-led forces and to their personnel.
   2.   This Agreement shall apply only within the territory of the Host State, including its waters and airspace.
   3.   For the purpose of this Agreement:

               (a)

               ‘European Union-led Forces (EUNAVFOR)’ shall mean EU military headquarters and national contingents contributing to the EU operation ‘Atalanta’, their vessels, their aircrafts, their equipment and their means of transport;

               (b)

               ‘operation’ shall mean the preparation, establishment, execution and support of the military mission further to the mandate arising out of UNSCR 1814 (2008), 1838 (2008), 1846 (2008), 1851 (2008) and any subsequent relevant UN Security Council Resolutions, the UN Convention on the Law of the Sea and the invitation letters from the Republic of Seychelles, dated 2 April 2009 and 21 August 2009;

               (c)

               ‘Operation Commander’ shall mean the Commander of the Operation;

               (d)

               ‘EU Force Commander’ shall mean the Commander in the theatre of operations;

               (e)

               ‘EU military headquarters’ shall mean the military headquarters and elements thereof, whatever their location, under the authority of EU military commanders exercising the military command or control of the operation;

               (f)

               ‘national contingents’ shall mean units, vessels, aircrafts and elements, including vessel protection detachments on board merchant vessels, belonging to the Member States of the European Union and to third States participating in the operation;

               (g)

               ‘EUNAVFOR personnel’ shall mean the civilian and military personnel assigned to EUNAVFOR as well as personnel deployed for the preparation of the operation, personnel escorting persons arrested by EUNAVFOR and personnel on mission for a Sending State or an EU institution in the framework of the operation, present, except as otherwise provided in this Agreement, within the territory of the Host State, with the exception of personnel employed locally and personnel employed by international commercial contractors;

               (h)

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

               (i)

               ‘facilities’ shall mean all premises, accommodation and land required for EUNAVFOR and EUNAVFOR personnel;

               (j)

               ‘Sending State’ shall mean a State providing a national contingent for EUNAVFOR, including Member States of the European Union and third States participating in the operation;

               (k)

               ‘waters’ shall mean the internal waters, the archipelagic waters and territorial sea of the Host State and the airspace above those waters;

               (l)

               ‘official correspondence’ shall mean all correspondence relating to the operation and its functions.

         Article 2
   General provisions
   1.   EUNAVFOR and EUNAVFOR personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the operation.
   2.   EUNAVFOR shall regularly inform the government of the Host State of the number of EUNAVFOR personnel stationed within the Host State’s territory and of the identity of the vessels, aircrafts and units operating in the waters of the Host State or making calls to its ports.
   Article 3
   Identification
   1.   EUNAVFOR personnel present on the land territory of the Host State must carry passports or military identity cards with them at all times.
   2.   EUNAVFOR vehicles, aircraft, vessels and other means of transport shall carry distinctive EUNAVFOR identification markings and/or registration plates, of which the relevant Host State authorities shall be notified in advance.
   3.   EUNAVFOR shall have the right to display the flag of the European Union and markings such as military insignia, titles and official symbols, on its facilities, vehicles and other means of transport. The uniforms of EUNAVFOR personnel shall carry a distinctive EUNAVFOR emblem. National flags or insignia of the constituent national contingents of the operation may be displayed on the EUNAVFOR facilities, vehicles and other means of transport and uniforms, as decided by the EU Force Commander.
   Article 4
   Border crossing and movement within the Host State’s territory
   1.   Except for the crews of EUNAVFOR vessels and aircrafts, EUNAVFOR personnel shall enter the Host State’s territory only on presentation of the documents provided for in Article 3(1). They shall be exempt from passport and visa regulations, immigration inspections and customs control on entering, leaving or within the Host State’s territory.
   2.   EUNAVFOR personnel shall be exempt from the Host State’s regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory.
   3.   Upon entering the airport or port of the Host State, EUNAVFOR shall respect the public health and environmental health laws and regulations of the Host State. For this purpose an implementing arrangement as referred to in Article 18 may be concluded.
   4.   The Host State shall be provided, for information purposes, with a general list of EUNAVFOR assets entering its territory. These assets shall carry EUNAVFOR identification markings. EUNAVFOR assets and means of transport entering, transiting or exiting the Host State’s territory in support of the operation shall be exempt from any requirement to produce inventories or other customs documentation, and from any inspection.
   5.   EUNAVFOR personnel, whilst respecting the laws and regulations of the Host State, may drive motor vehicles, navigate vessels and operate aircrafts within the Host State’s territory provided they have valid national, international or military driving licences, ship master’s certificates or pilot licences, as appropriate.
   6.   For the purpose of the operation, the Host State shall grant EUNAVFOR and EUNAVFOR personnel freedom of movement and freedom to travel within its territory, including its waters and its air space. Freedom of movement within the waters of the Host State shall include stopping and anchoring under any circumstances.
   7.   For the purpose of the operation, EUNAVFOR may carry out within the Host State territory, including its territorial sea and its air space, the launching, landing or taking on board of any aircraft or military device, subject to the authorisation of the Host State authority responsible for flight safety.
   8.   For the purpose of the operation, EUNAVFOR submarines are not required to navigate on surface and to show their flag in the territorial sea of the Host State.
   For the purpose of the operation, EUNAVFOR and the means of transport that it charters may use public roads, bridges, ferries, airports and ports without the payment of duties, fees, tolls, taxes and similar charges. EUNAVFOR shall not be exempt from reasonable charges for services requested and received, under the conditions that apply to those provided to the Host State’s armed forces.
   Article 5
   Privileges and immunities of EUNAVFOR granted by the Host State
   1.   EUNAVFOR’s facilities, vessels and aircrafts shall be inviolable. The Host State’s agents shall not enter them without the consent of the EU Force Commander.
   2.   EUNAVFOR’s facilities, their furnishings and other assets therein as well as its means of transport shall be immune from search, requisition, attachment or execution.
   3.   EUNAVFOR, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.
   4.   EUNAVFOR’s archives and documents shall be inviolable at any time, wherever they may be.
   5.   The official correspondence of EUNAVFOR shall be inviolable.
   6.   In respect of purchased and imported goods, services provided and facilities used by EUNAVFOR for the purposes of the operation, EUNAVFOR, as well as its providers or contractors, shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature. EUNAVFOR shall not be exempt from dues, taxes or charges that represent payment for services requested and rendered.
   7.   The Host State shall permit the entry and exit of articles for the operation and grant them exemption from all custom duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services requested and rendered.
   Article 6
   Privileges and immunities of EUNAVFOR personnel granted by the Host State
   1.   EUNAVFOR personnel shall not be liable to any form of arrest or detention.
   2.   Papers, correspondence and property of EUNAVFOR personnel shall enjoy inviolability, except in case of measures of execution which are permitted pursuant to paragraph 6.
   3.   EUNAVFOR personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances.
   The immunity from criminal jurisdiction of EUNAVFOR personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be in writing.
   4.   EUNAVFOR personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EUNAVFOR personnel before any Host State court, the EU Force Commander and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the EU Force Commander and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was committed by EUNAVFOR personnel in the exercise of their official functions.
   If the act was committed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 15 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the EU Force Commander and the competent authority of the Sending State or EU institution is binding upon the jurisdiction of the Host State which may not contest it.
   The initiation of proceedings by EUNAVFOR personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
   5.   EUNAVFOR personnel cannot be compelled to give evidence as witnesses. However, EUNAVFOR and the Sending States shall endeavour to produce statements of witnesses or affidavits by EUNAVFOR personnel involved in any incident in relation to which persons have been transferred under an agreement between the European Union and the Host State on the conditions of transfer of suspected pirates and armed robbers and their assets from EUNAVFOR to the Host State.
   6.   No measures of execution may be taken in respect of EUNAVFOR personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EUNAVFOR personnel, which is certified by the EU Force Commander to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgement, decision or order. In civil proceedings EUNAVFOR personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   7.   The immunity of EUNAVFOR personnel from the jurisdiction of the Host State does not exempt them from the jurisdictions of the respective Sending States.
   8.   EUNAVFOR personnel shall with respect to services rendered for EUNAVFOR be exempt from social security provisions which may be in force in the Host State.
   9.   EUNAVFOR personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUNAVFOR or the Sending States, as well as on any income received from outside the Host State.
   The Host State shall, in accordance with such laws and regulations as it may adopt, permit entry of, and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services to, articles for the personal use of EUNAVFOR personnel.
   The personal baggage of EUNAVFOR personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of EUNAVFOR personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Host State. Such inspection shall be conducted only in the presence of the concerned EUNAVFOR personnel or of an authorised representative of EUNAVFOR.
   Article 7
   Personnel employed locally
   Personnel employed locally shall enjoy privileges and immunities only to the extent admitted by the Host State. However, the Host State shall exercise its jurisdiction over that personnel in such a manner as not to interfere unduly with the performance of the functions of the operation.
   Article 8
   Criminal jurisdiction
   The competent authorities of a Sending State shall have the right to exercise on the territory of the Host State all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all EUNAVFOR personnel subject to the relevant law of the Sending State. Wherever possible, the Host State shall endeavour to facilitate the exercise of jurisdiction by the competent authorities of the Sending State.
   Article 9
   Uniform and arms
   1.   The wearing of uniforms shall be subject to rules adopted by the EU Force Commander.
   2.   At sea, EUNAVFOR military personnel, and the police personnel when escorting persons arrested by EUNAVFOR, may carry arms and ammunition on condition that they are authorised to do so by their orders, strictly limited to operational necessities.
   3.   On the land territory of the Seychelles, EUNAVFOR personnel may carry arms, if authorised to do so by their orders, within their compounds and while in transit between such compounds or their ships and aircrafts and when escorting detained suspected pirates. In any other occasion arms may only be carried with prior authorisation under the Seychelles Firearms and Ammunition Act.
   Article 10
   Host State support and contracting
   1.   The Host State agrees, if requested, to assist EUNAVFOR in finding suitable facilities.
   2.   Within its means and capabilities, the Host State shall provide, free of charge, facilities of which it is the owner, in so far as such facilities are requested for the conduct of administrative and operational activities of EUNAVFOR with the exception of utility charges and fuel.
   3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment, and execution of and support to the operation. The Host State’s assistance and support for the operation shall be provided under the same conditions as the assistance and support given to the Host State’s armed forces.
   4.   The law applicable to contracts concluded by EUNAVFOR in the Host State shall be determined by the contract.
   5.   The contract may stipulate that the dispute settlement procedure referred to in Article 15 paragraphs 3 and 4 shall be applicable to disputes arising from the application of the contract.
   6.   The Host State shall facilitate the implementation of contracts concluded by EUNAVFOR with commercial entities for the purposes of the operation.
   Article 11
   Change to facilities
   1.   Whilst respecting the laws and regulations of the Host State, EUNAVFOR shall be authorised to construct, alter or otherwise modify facilities as requested for its operational requirements.
   2.   No compensation shall be requested from EUNAVFOR by the Host State for those constructions, alterations or modification.
   Article 12
   Deceased EUNAVFOR personnel
   1.   The EU Force Commander shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUNAVFOR personnel, as well as that of their personal property.
   2.   No autopsy shall be performed on any deceased member of EUNAVFOR without the agreement of the State of nationality of the deceased person concerned and the presence of a representative of EUNAVFOR and/or the State of nationality of the deceased person concerned.
   3.   The Host State and EUNAVFOR shall cooperate to the fullest extent possible with a view to early repatriation of deceased EUNAVFOR personnel.
   Article 13
   Security of EUNAVFOR and military police
   1.   The Host State shall take all appropriate measures to ensure the safety and security of EUNAVFOR and its personnel.
   2.   The EU Force Commander may establish a military police unit in order to maintain order in EUNAVFOR facilities.
   3.   The military police unit may also, in consultation and cooperation with the military police or the police of the Host State, act outside those facilities to ensure the maintenance of good order and discipline among EUNAVFOR personnel.
   4.   EUNAVFOR personnel transiting through the territory of the Host State to escort persons arrested by EUNAVFOR shall be authorised to apply the necessary measures of restraint with respect to these persons.
   Article 14
   Communications
   1.   EUNAVFOR may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum free of charge in accordance with the laws and regulations of the Host State.
   2.   EUNAVFOR shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUNAVFOR facilities, including the laying of cables and land lines for the purpose of the operation.
   3.   Within its own facilities EUNAVFOR may make the arrangements necessary for the conveyance of mail addressed to and from EUNAVFOR and/or EUNAVFOR personnel.
   Article 15
   Claims for death, injury, damage and loss
   1.   EUNAVFOR and EUNAVFOR personnel shall not be liable for any damage to or loss of civilian or government property which are caused by action taken by EUNAVFOR in the exercise of official functions or caused by activities in connection with civil disturbances or protection of EUNAVFOR.
   2.   With a view to reaching an amicable settlement, claims for damage to or loss of civilian or government property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EUNAVFOR property, shall be forwarded to EUNAVFOR via the competent authorities of the Host State, as far as claims brought by legal or natural persons from the Host State are concerned, or to the competent authorities of the Host State, as far as claims brought by EUNAVFOR are concerned.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUNAVFOR and representatives of the Host State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall:

               (a)

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

               (b)

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

         5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EUNAVFOR and the third one being appointed jointly by the Host State and EUNAVFOR. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUNAVFOR on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Communities.
   An administrative arrangement shall be concluded between the EU Operation/Force Commander and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the arbitration tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.
   Article 16
   Liaison and disputes
   1.   All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of EUNAVFOR and the Host State’s competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the representatives from the EU and the Host State.
   Article 17
   Other provisions
   1.   Whenever this Agreement refers to the privileges, immunities and rights of EUNAVFOR and of EUNAVFOR personnel, the Government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State local authorities.
   2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to an EU Member State or to any other State contributing to EUNAVFOR under other agreements.
   Article 18
   Implementing arrangements
   For purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the EU Operation/Force Commander and the Host State’s administrative authorities.
   Article 19
   Entry into force and termination
   1.   This Agreement shall enter into force on the day on which it is signed and shall remain in force until the date of departure of the last EUNAVFOR element and of the last EUNAVFOR personnel, as notified by EUNAVFOR. Either party may terminate this Agreement at any earlier time by giving six months’ notice in writing.
   2.   Notwithstanding paragraph 1, the provisions contained in Articles 4(8), 5(1-3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(8-10), 10(2), 11, 13(1), 13(2) and 15 shall be deemed to have applied from the date on which the first EUNAVFOR personnel were deployed if that date is earlier than the date of entry into force of this Agreement.
   3.   This Agreement may be amended by written agreement between the Parties.
   4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at Victoria, Seychelles, in duplicate, in the English language, this 10th day of November, 2009.

            For the European Union

            For the Republic of Seychelles


title: 2012/680/EU: Decision of the European Parliament and of the Council of 25 October 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/015 FR/Peugeot from France)

text:
               7.11.2012

               EN

               Official Journal of the European Union

               L 307/74

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 October 2012
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/015 FR/Peugeot from France)
   (2012/680/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to 30 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               France submitted an application to mobilise the EGF on 5 May 2010 in respect of redundancies in the PSA Peugeot Citroën group in France, and supplemented it by additional information, the last of which was supplied on 13 April 2012. This application complies with the requirements for determining the financial contributions set out in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 11 949 666.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by France,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 11 949 666 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 25 October 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


Avis juridique important

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32003D0456

2003/456/EC: Commission Decision of 19 June 2003 derogating from Decision 98/235/EC on the advisory committees dealing with matters covered by the common agricultural policy

Official Journal L 152 , 20/06/2003 P. 0086 - 0086

Commission Decisionof 19 June 2003derogating from Decision 98/235/EC on the advisory committees dealing with matters covered by the common agricultural policy(2003/456/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Commission Decision 98/235/EC of 11 March 1998 on the advisory committees dealing with matters covered by the common agricultural policy(1),Whereas:(1) Article 4(3) of Decision 98/235/EC stipulates that members of the committees are appointed for five years. Their appointments may be renewed and, in specific cases, they may be replaced.(2) This five-year period ends on 4 October 2003 for the members appointed in 1998, and later on for the replacing members appointed in the meanwhile.(3) At the Copenhagen summit, it was agreed with the candidate countries that accession of the ten new Member States could be achieved and should take place on 1 May 2004.(4) Organisations of candidate countries take part more and more in the existing organisations at EU level, representing civil society and social partners in consultative committees and standing groups in the agricultural sector.(5) After accession, representation of the socioeconomic organisations of the new Member States should be guaranteed in the advisory structure for agriculture and rural development.(6) The appointments of current members in these committees should therefore end on 30 April 2004,HAS DECIDED AS FOLLOWS:Article 1By way of derogation from Article 4(3) of Decision 98/235/EC, the appointment of members of the advisory committees dealing with matters covered by the common agricultural policy shall end on 30 April 2004.Article 2This decision shall be published in the Official Journal of the European Union.Done at Brussels, 19 June 2003.For the CommissionFranz FischlerMember of the Commission(1) OJ L 88, 24.3.1998, p. 59.


Avis juridique important

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32004D0171

2004/171/EC: Council Decision of 10 February 2004 appointing a Spanish member of the Committee of the Regions

Official Journal L 055 , 24/02/2004 P. 0052 - 0052

Council Decisionof 10 February 2004appointing a Spanish member of the Committee of the Regions(2004/171/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Spanish Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions(1).(2) The seat of a member of the Committee of the Regions has fallen vacant following the expiry of the mandate of Mr José María ALVAREZ DEL MANZANO y LOPEZ DEL HIERRO, of which the Council was notified on 22 January 2004,HAS DECIDED AS FOLLOWS:Sole ArticleMr Alberto RUIZ-GALLARDON JIMENEZ, Alcalde de Madrid, is hereby appointed a member of the Committee of the Regions in place of Mr José María ALVAREZ DEL MANZANO y LOPEZ DEL HIERRO for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 10 February 2004.For the CouncilThe PresidentC. McCreevy(1) OJ L 24, 26.1.2002, p. 38.


title: 2010/351/CFSP: Political and Security Committee Decision EUJUST LEX-IRAQ/1/2010 of 22 June 2010 extending the mandate of the Head of Mission of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ

text:
               26.6.2010

               EN

               Official Journal of the European Union

               L 160/10

         POLITICAL AND SECURITY COMMITTEE DECISION EUJUST LEX-IRAQ/1/2010
   of 22 June 2010
   extending the mandate of the Head of Mission of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ
   (2010/351/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2010/330/CFSP of 14 June 2010 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ (1) and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 9(2) of Council Decision 2010/330/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ (hereinafter referred to as ‘EUJUST LEX-IRAQ’), including in particular the decision to appoint a Head of Mission.

               (2)

               On 15 December 2009, upon a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (HR), the PSC adopted Decision 2009/982/CFSP (2) appointing Mr Francisco DÍAZ ALCANTUD as Head of Mission of EUJUST LEX-IRAQ.

               (3)

               On 16 June 2010, the HR proposed to the PSC that it extend the mandate of Mr Francisco DÍAZ ALCANTUD as Head of Mission of EUJUST LEX-IRAQ until 30 June 2011.

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Francisco DÍAZ ALCANTUD as Head of Mission of EUJUST LEX-IRAQ is hereby extended from 1 July 2010 until 30 June 2011.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 22 June 2010.

            For the Political and Security Committee

            The Chairman

         C. FERNÁNDEZ-ARIAS

      (1)  OJ L 149, 15.6.2010, p. 12.

      (2)  OJ L 338, 19.12.2009, p. 92.


title: Political and Security Committee Decision (CFSP) 2016/938 of 31 May 2016 extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2016)

text:
               14.6.2016

               EN

               Official Journal of the European Union

               L 155/23

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/938
   of 31 May 2016
   extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali) (1), and in particular Article 7(1) thereof,
   Having regard to Council Decision (CFSP) 2015/76 of 19 January 2015 launching the European Union CSDP mission in Mali (EUCAP Sahel Mali) and amending Decision 2014/219/CFSP (2),
   Whereas:

               (1)

               Pursuant to Decision 2014/219/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EUCAP Sahel Mali mission, including the decision to appoint a Head of Mission.

               (2)

               On 26 May 2014, the PSC adopted Decision EUCAP Sahel Mali/1/2014 (3), appointing Mr Albrecht CONZE as Head of Mission of EUCAP Sahel Mali from 26 May 2014 to 14 January 2015.

               (3)

               On 14 January 2015, the PSC adopted Decision (CFSP) 2015/67 (4), extending the mandate of Mr Albrecht CONZE as Head of Mission of EUCAP Sahel Mali until 14 June 2015.

               (4)

               On 15 April 2015, the PSC adopted Decision (CFSP) 2015/610 (5), extending the mandate of Mr Albrecht CONZE as Head of Mission of EUCAP Sahel Mali until 14 June 2016.

               (5)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Mr Albrecht CONZE as Head of Mission of EUCAP Sahel Mali from 15 June 2016 to 14 January 2017,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Albrecht CONZE as Head of Mission of EUCAP Sahel Mali is hereby extended until 14 January 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 31 May 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 113, 16.4.2014, p. 21.

      (2)  OJ L 13, 20.1.2015, p. 5.

      (3)  Political and Security Committee Decision EUCAP Sahel Mali/1/2014 of 26 May 2014 on the appointment of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (OJ L 164, 3.6.2014, p. 43).

      (4)  Political and Security Committee Decision (CFSP) 2015/67 of 14 January 2015 extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2015) (OJ L 11, 17.1.2015, p. 72).

      (5)  Political and Security Committee Decision (CFSP) 2015/610 of 15 April 2015 extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/2/2015) (OJ L 101, 18.4.2015, p. 60).


title: 2014/467/EU: Council Decision of 14 July 2014 extending the validity of Decision 2011/492/EU and suspending the application of its appropriate measures

text:
               18.7.2014

               EN

               Official Journal of the European Union

               L 212/12

         COUNCIL DECISION
   of 14 July 2014
   extending the validity of Decision 2011/492/EU and suspending the application of its appropriate measures

      (2014/467/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23 June 2000 (1) (hereinafter referred to as the ‘ACP-EU Partnership Agreement’), as last amended in Ouagadougou, Burkina Faso on 22 June 2010 (2), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EU Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By Council Decision 2011/492/EU (4), consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EU Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken.

               (2)

               By Council Decision 2013/385/EU (5), Decision 2011/492/EU was amended to extend the period of application of the appropriate measures by one year, until 19 July 2014.

               (3)

               The essential elements cited in Article 9 of the ACP-EU Partnership Agreement continue to be violated and the current conditions in Guinea-Bissau do not ensure respect for human rights, democratic principles and the rule of law. It is therefore appropriate to extend the validity of Decision 2011/492/EU for a period of one year.

               (4)

               However, taking into consideration the holding of peaceful, free and credible elections on 13 April 2014 and 18 May 2014, which represent a major step towards more democracy and stability, and in order to engage with and provide direct support to the democratically elected authorities in their efforts to consolidate the democratic institutions, reconcile the society and promote the socioeconomic development of Guinea Bissau, the appropriate measures set out in the Annex to Decision 2011/492/EU should be suspended.

               (5)

               This Decision should be reviewed six months after its entry into force.

         HAS ADOPTED THIS DECISION:
   Article 1
   The validity of Decision 2011/492/EU and of its appropriate measures is hereby extended until 19 July 2015. However, the application of the appropriate measures is hereby suspended.
   The appropriate measures shall be kept under constant review and shall be applied again should the situation in Guinea Bissau seriously deteriorate. Such measures shall, in any event, be reviewed six months after the entry into force of this Decision.
   Article 2
   The letter in the Annex to this Decision shall be sent to the authorities of Guinea-Bissau.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 14 July 2014.

            For the Council

            The President

         M. MARTINA

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287, 4.11.2010, p. 3).

      (3)  OJ L 317, 15.12.2000, p. 376, as amended by Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, amending the Internal Agreement of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (OJ L 247, 9.9.2006, p. 48).

      (4)  Council Decision 2011/492/EU of 18 July 2011 concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 ACP-EU Partnership Agreement (OJ L 203, 6.8.2011, p. 2).

      (5)  Council Decision 2013/385/EU of 15 July 2013 extending the period of application of the appropriate measures in Decision 2011/492/EU concerning Guinea-Bissau and amending that Decision (OJ L 194, 17.7.2013, p. 6).

      ANNEX

      H.E. the President of the Republic of Guinea-Bissau,
      H.E. the Prime Minister of the Republic of Guinea-Bissau,
      Sirs,
      Further to the consultations which took place in Brussels on 29 March 2011 in the framework of Article 96 of the ACP-EU Partnership Agreement, the European Union decided on 18 July 2011, by Council Decision 2011/492/EU to adopt appropriate measures, including a scheme of mutual commitments for the gradual resumption of European Union cooperation.
      By Council Decision 2013/385/EU, Decision 2011/492/EU was extended by one year, and is valid until 19 July 2014.
      Over the last 12 months, during which interim authorities were in place, no progress was made in terms of respect of human rights, the fight against impunity, reform of the security sector or the fight against illegal trafficking, notably of drugs, which were foreseen in the scheme of mutual commitments for the resumption of European Union cooperation.
      However, the European Union is encouraged by the holding of free, peaceful and credible legislative and presidential elections on 13 April 2014 and 18 May 2014, which represented a major step towards democracy and stability in the country. The European Union has therefore decided to suspend the measures applied under Article 96 of the Cotonou Agreement as set out in Decision 2011/492/EU in order to be able to engage with and provide direct support to the democratically elected authorities in your efforts to consolidate, reconcile and develop the country, in collaboration with other international partners.
      The European Union attaches the utmost importance to the provisions of Article 9 of the Cotonou Agreement, since respect for human rights, democratic institutions and the rule of law constitutes the essential basis of European Union-Guinea Bissau relations. The European Union will continue to closely follow the situation in the country.
      The political and socioeconomic challenges that the country faces are significant, but we are confident that you will endeavour to take, in dialogue with all political groups, the decisions that are necessary, both at economic and financial level, and in the crucial areas of security sector reform and the fight against impunity.
      The European Union remains firmly committed to its partnership with the people of Guinea Bissau. The present European Union decision to suspend the application of the appropriate measures and re-engage in dialogue and cooperation with the legitimate authorities is intended to provide new impetus to enhancing EU-Guinea Bissau relations, with the aim of normalising bilateral relations. However, the commitments made by Guinea Bissau in the framework of the Article 96 Consultation remain applicable and the European Union expects your Government to make all necessary efforts to achieve them as a matter of priority.
      The European Union calls on all parties to seize the momentum to move the country towards democratic stability, rule of law, respect of human rights and socioeconomic development.
      Yours faithfully,

         For the Council
         C. ASHTON
         High Representative

         For the Commission
         A. PIEBALGS
         Commissioner