title: 2011/118/EU: Council Decision of 18 January 2011 on the conclusion of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation

text:
               25.2.2011

               EN

               Official Journal of the European Union

               L 52/45

         COUNCIL DECISION
   of 18 January 2011
   on the conclusion of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation
   (2011/118/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(6)(a)(v), thereof,
   Having regard to the proposal from the Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2010/687/EU (1), the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation (hereinafter ‘the Agreement’) was signed, on behalf of the European Union, on 17 June 2010, subject to its conclusion at a later date.

               (2)

               The Agreement should be approved.

               (3)

               The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Union position in this case.

               (4)

               In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

               (5)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Georgia on the readmission of persons residing without authorisation (hereinafter ‘the Agreement’) 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 shall designate the person empowered to proceed, on behalf of the Union, to the notification provided for in Article 23(2) of the Agreement, in order to express the consent of the Union to be bound by the Agreement (2).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Union in the Joint Readmission Committee established by Article 18 of the Agreement.
   Article 4
   The position of the Union within the Joint Readmission Committee with regard to the adoption of its rules of procedure as required pursuant to Article 18(5) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 January 2011.

            For the Council

            The President

         MATOLCSY Gy.

      (1)  OJ L 294, 12.11.2010, p. 9.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               25.2.2011

               EN

               Official Journal of the European Union

               L 52/47

         AGREEMENT
   between the European Union and Georgia on the readmission of persons residing without authorisation
   THE HIGH CONTRACTING PARTIES,
   THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
   and
   GEORGIA,
   DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively,
   DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry into, presence in, or residence on, the territories of Georgia or of one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of cooperation,
   EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, its Member States and Georgia arising from international law and, in particular, from the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms and the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 January 1967,
   CONSIDERING that in accordance with Protocol No 21 on the position of the United Kingdom of Great Britain and Northern Ireland and of Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Ireland will not take part in this Agreement unless it notify its wish to that effect in accordance with that Protocol,
   CONSIDERING that the provisions of this Agreement, which falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, do not apply to the Kingdom of Denmark, in accordance with the Protocol on the position of the Kingdom of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘Contracting Parties’ shall mean Georgia and the Union;

               (b)

               ‘National of Georgia’ shall mean any person who holds the citizenship of Georgia;

               (c)

               ‘National of a Member State’ shall mean any person who holds the nationality, as defined for Union purposes, of a Member State;

               (d)

               ‘Member State’ shall mean any Member State of the European Union bound by this Agreement;

               (e)

               ‘Third-country national’ shall mean any person who holds a nationality other than that of Georgia or one of the Member States;

               (f)

               ‘Stateless person’ shall mean any person who does not hold a nationality of any State;

               (g)

               ‘Residence permit’ shall mean a permit of any type issued by Georgia or one of the Member States entitling a person to reside on its territory. This shall not include temporary permissions to remain on its territory in connection with the processing of an asylum application or an application for a residence permit;

               (h)

               ‘Visa’ shall mean an authorisation issued or a decision taken by Georgia or one of the Member States which is required with a view to entry into, or transit through, its territory. This shall not include airport transit visas;

               (i)

               ‘Requesting State’ shall mean the State (Georgia or one of the Member States) submitting a readmission application pursuant to Article 7 or a transit application pursuant to Article 14 of this Agreement;

               (j)

               ‘Requested State’ shall mean the State (Georgia or one of the Member States) to which a readmission application pursuant to Article 7 or a transit application pursuant to Article 14 of this Agreement is addressed;

               (k)

               ‘Competent Authority’ shall mean any national authority of Georgia or one of the Member States entrusted with the implementation of this Agreement in accordance with Article 19(1)(a) thereof;

               (l)

               ‘Transit’ shall mean the passage of a third-country national or a stateless person through the territory of the Requested State while travelling from the Requesting State to the country of destination;

               (m)

               ‘Border region’ shall mean an area which extends up to 5 kilometres from the territories of seaports including custom zones, and international airports of the Member States and Georgia.

         SECTION I

      READMISSION OBLIGATIONS BY GEORGIA

   Article 2
   Readmission of own nationals
   1.   Georgia shall readmit, upon application by a Member State and without further formalities other than those provided for in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on, the territory of the Requesting Member State provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of Georgia.
   2.   Georgia shall also readmit:

               (a)

               minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in the Requesting Member State or hold a valid residence permit issued by another Member State; and

               (b)

               spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of Georgia, unless they have an independent right of residence in the Requesting Member State or hold a valid residence permit issued by another Member State.

         3.   Georgia shall also readmit persons who have been deprived of, or who have forfeited or renounced, the nationality of Georgia since entering the territory of a Member State, unless such persons have at least been promised naturalisation by that Member State.
   4.   After Georgia has given a positive reply to the readmission application, the competent diplomatic mission or consular office of Georgia shall, irrespective of the will of the person to be readmitted, immediately and no later than within 3 working days, issue the travel document required for the return of the person to be readmitted with a period of validity of 90 days. If Georgia has not, within 3 working days, issued the travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes (1).
   5.   If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent diplomatic mission or consular office of Georgia shall, within 3 working days, extend the validity of the travel document or, where necessary, issue a new travel document with a period of validity of the same duration. If Georgia has not, within 3 working days, issued the new travel document or extended its validity, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes (2).
   Article 3
   Readmission of third-country nationals and stateless persons
   1.   Georgia shall readmit, upon application by a Member State and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on, the territory of the Requesting Member State provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:

               (a)

               hold, at the time of submission of the readmission application, a valid visa or residence permit issued by Georgia; or

               (b)

               illegally and directly entered the territory of a Member State after having stayed on, or transited through, the territory of Georgia.

         2.   The readmission obligation in paragraph 1 shall not apply if:

               (a)

               the third-country national or stateless person has only been in airside transit via an international airport of Georgia; or

               (b)

               the Requesting Member State has issued to the third-country national or stateless person a visa or residence permit before or after entering its territory unless:

                           (i)

                           that person is in possession of a visa or residence permit, issued by Georgia, which has a longer period of validity;

                           (ii)

                           the visa or residence permit issued by the Requesting Member State has been obtained by using forged or falsified documents, or by making false statements; or

                           (iii)

                           that person fails to observe any condition attached to the visa;

               (c)

               the Requested State has expelled the third-country national or stateless person to his/her state of origin or to a third State.

         3.   After Georgia has given a positive reply to the readmission application, it shall immediately and no later than within 3 working days, issue a travel document for expulsion purposes to the person whose readmission has been accepted. If Georgia has not, within 3 working days, issued the travel document, it shall be deemed to accept the use of the EU standard travel document for expulsion purposes.
   SECTION II

      READMISSION OBLIGATIONS BY THE UNION

   Article 4
   Readmission of own nationals
   1.   A Member State shall readmit, upon application by Georgia and without further formalities other than those provided for in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on, the territory of Georgia provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of that Member State.
   2.   A Member State shall also readmit:

               (a)

               minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in Georgia; and

               (b)

               spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of the Requested Member State, unless they have an independent right of residence in Georgia.

         3.   A Member State shall also readmit persons who have been deprived of, or who have renounced, the nationality of a Member State since entering the territory of Georgia, unless such persons have at least been promised naturalisation by Georgia.
   4.   After the Requested Member State has given a positive reply to the readmission application, the competent diplomatic mission or consular office of that Member State shall, irrespective of the will of the person to be readmitted, immediately and no later than within 3 working days, issue the travel document required for the return of the person to be readmitted with a period of validity of 90 days. If the Requested Member State has not, within 3 working days, issued the travel document, it shall be deemed to accept the use of the Georgian standard travel document for expulsion purposes.
   5.   If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent diplomatic mission or consular office of the Requested Member State shall, within 3 working days, extend the validity of the travel document or, where necessary, issue a new travel document with a period of validity of the same duration. If the Requested Member State has not within 3 working days issued the new travel document or extended its validity, it shall be deemed to accept the use of the Georgian standard travel document for expulsion purposes.
   Article 5
   Readmission of third-country nationals and stateless persons
   1.   A Member State shall readmit, upon application by Georgia and without further formalities other than those provided for in this Agreement, all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry into, presence in, or residence on, the territory of Georgia provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:

               (a)

               hold, at the time of submission of the readmission application, a valid visa or residence permit issued by the Requested Member State; or

               (b)

               illegally and directly entered the territory of Georgia after having stayed on, or transited through, the territory of the Requested Member State.

         2.   The readmission obligation in paragraph 1 shall not apply if:

               (a)

               the third-country national or stateless person has only been in airside transit via an international airport of the Requested Member State; or

               (b)

               Georgia has issued to the third-country national or stateless person a visa or residence permit before or after entering its territory unless:

                           (i)

                           that person is in possession of a visa or residence permit, issued by the Requested Member State, which has a longer period of validity;

                           (ii)

                           the visa or residence permit issued by Georgia has been obtained by using forged or falsified documents, or by making false statements; or

                           (iii)

                           that person fails to observe any condition attached to the visa;

               (c)

               the Requested Member State has expelled the third-country national or stateless person to his/her state of origin or to a Third State.

         3.   The readmission obligation in paragraph 1 is for the Member State that issued a visa or residence permit. If two or more Member States issued a visa or residence permit, the readmission obligation in paragraph 1 is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date. If no such documents can be presented, the readmission obligation in paragraph 1 is for the Member State of last exit.
   4.   After the Requested Member State has given a positive reply to the readmission application, it shall immediately and no later than within 3 working days, issue a travel document for expulsion purposes to the person whose readmission has been accepted. If the Member State has not, within 3 working days, issued the travel document, it shall be deemed to accept the use of the Georgian standard travel document for expulsion purposes.
   SECTION III

      READMISSION PROCEDURE

   Article 6
   Principles
   1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 to 5 shall require the submission of a readmission application to the competent authority of the Requested State.
   2.   If the person to be readmitted is in possession of a valid travel document or identity card, the transfer of such person can take place without the Requesting State having to submit a readmission application or written communication, as referred to in Article 11(1), to the competent authority of the Requested State.
   3.   Without prejudice to paragraph 2, if a person has been apprehended in the border region (including airports) of the Requesting State after illegally crossing the border coming directly from the territory of the Requested State, the Requesting State may submit a readmission application within 2 days following that person’s apprehension (accelerated procedure).
   Article 7
   Readmission application
   1.   To the extent possible, the readmission application is to contain the following information:

               (a)

               the particulars of the person to be readmitted (e.g. given names, surnames, date of birth, and – where possible – place of birth, and the last place of residence) and, where applicable, the particulars of minor unmarried children and/or spouses;

               (b)

               in case of own nationals, an indication of the means with which proof or prima facie evidence of nationality will be provided;

               (c)

               in case of third-country nationals and stateless persons, an indication of the means with which proof or prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons and unlawful entry and residence will be provided;

               (d)

               a photograph of the person to be readmitted;

               (e)

               fingerprints.

         2.   To the extent possible, the readmission application shall also contain the following information:

               (a)

               a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;

               (b)

               any other protection, security measure or information concerning the health of the person, which may be necessary in the individual transfer case.

         3.   A common form to be used for readmission applications is attached as Annex 5 to this Agreement.
   4.   A readmission application may be submitted by any means of communication, not excluding electronic means.
   Article 8
   Means of evidence regarding nationality
   1.   Proof of nationality pursuant to Articles 2(1) and 4(1) can be furnished in particular through the documents listed in Annex 1 to this Agreement, including documents the validity of which has expired by up to 6 months. If such documents are presented, the Member States and Georgia shall mutually recognise the nationality without further investigation being required. Proof of nationality cannot be furnished through false documents.
   2.   Prima facie evidence of nationality pursuant to Articles 2(1) and 4(1) can be furnished in particular through the documents listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, the Member States and Georgia shall deem the nationality to be established, unless they can prove otherwise. Prima facie evidence of nationality cannot be furnished through false documents.
   3.   If none of the documents listed in Annex 1 or 2 can be presented, or if they are insufficient, the competent diplomatic and consular representations of the Requested State concerned shall, upon a request from the Requesting State which is included in the readmission application, make arrangements to interview the person to be readmitted without undue delay, at the latest within 4 working days from the date of receipt of the readmission application, in order to establish his or her nationality. The procedure for such interviews may be established in the implementing Protocols provided for in Article 19 of this Agreement.
   Article 9
   Means of evidence regarding third-country nationals and stateless persons
   1.   Proof of the conditions for the readmission of third-country nationals and stateless persons laid down in Articles 3(1) and 5(1) shall be furnished in particular through the means of evidence listed in Annex 3 to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by the Member States and Georgia without any further investigation being required.
   2.   Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in Articles 3(1) and 5(1) shall be furnished in particular through the means of evidence listed in Annex 4 to this Agreement; it cannot be furnished through false documents. Where such prima facie evidence is presented, the Member States and Georgia shall deem the conditions to be established, unless they can prove otherwise.
   3.   The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence permit for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence permit shall likewise provide prima facie evidence of the unlawful entry, presence or residence.
   Article 10
   Time limits
   1.   The application for readmission must be submitted to the competent authority of the Requested State within a maximum of 6 months after the Requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not fulfil, or no longer fulfils, the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted on time, the time limit shall, upon request by the Requesting State, be extended but only until the obstacles have ceased to exist.
   2.   A readmission application must be replied to in writing:

               (a)

               within 2 working days if the application has been made under the accelerated procedure (Article 6(3)); or

               (b)

               within 12 calendar days in all other cases.

         This time limit begins to run from the date of receipt of the readmission request. If there is no reply within this time limit, the transfer shall be deemed to have been agreed to.
   3.   Reasons for the refusal of a readmission request shall be given in writing.
   4.   After agreement has been given or, where appropriate, after expiry of the time limits laid down in paragraph 2, the person concerned shall be transferred within 3 months. On request of the Requesting State, this time limit may be extended by the time taken to deal with legal or practical obstacles.
   Article 11
   Transfer modalities and modes of transportation
   1.   Without prejudice to Article 6(2), before returning a person, the competent authorities of the Requesting State shall notify in writing at least 3 working days in advance the competent authorities of the Requested State regarding the transfer date, the point of entry, possible escorts and other information relevant to the transfer.
   2.   Transportation may take place by air or land. Return by air shall not be restricted to the use of the national carriers of Georgia or the Member States and may take place by using scheduled or, in case of nationals of the Requested State, charter flights. In the event of escorted returns, such escorts shall not be restricted to authorised persons of the Requesting State, provided that they are persons authorised by Georgia or any Member State.
   Article 12
   Readmission in error
   The Requesting State shall take back any person readmitted by the Requested State if it is established within a period of 6 months, and in case of third-country nationals or stateless persons 12 months, after the transfer of the person concerned, that the requirements laid down in Articles 2 to 5 of this Agreement are not met.
   In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and all available information relating to the actual identity and nationality of the person to be taken back shall be provided.
   SECTION IV

      TRANSIT OPERATIONS

   Article 13
   Principles
   1.   The Member States and Georgia should restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the State of destination directly.
   2.   Georgia shall allow the transit of third-country nationals or stateless persons if a Member State so requests, and a Member State shall allow the transit of third-country nationals or stateless persons if Georgia so requests, if the onward journey in possible other States of transit and the readmission by the State of destination is assured.
   3.   Transit can be refused by Georgia or a Member State:

               (a)

               if the third-country national or the stateless person runs the real risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit;

               (b)

               if the third-country national or the stateless person shall be subject to criminal sanctions in the Requested State or in another State of transit; or

               (c)

               on grounds of public health, national security, public order or other national interests of the Requested State.

         4.   Georgia or a Member State may revoke any authorisation issued if circumstances referred to in paragraph 3 subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured. In this case, the Requesting State shall take back the third-country national or the stateless person, as necessary and without delay.
   Article 14
   Transit procedure
   1.   An application for transit operations must be submitted to the competent authority of the Requested State in writing and is to contain the following information:

               (a)

               type of transit (by air or land), possible other States of transit and intended final destination;

               (b)

               the particulars of the person concerned (e.g. given name, surname, maiden name, other names used/by which known or aliases, date of birth, sex and – where possible – place of birth, nationality, language, type and number of travel document);

               (c)

               envisaged point of entry, time of transfer and possible use of escorts;

               (d)

               a declaration that in the view of the Requesting State the conditions pursuant to Article 13(2) are met, and that no reasons for a refusal pursuant to Article 13(3) are known of.

         A common form to be used for transit applications is attached as Annex 6 to this Agreement.
   2.   The Requested State shall, within 5 calendar days of receipt of the application and in writing, inform the Requesting State of the admission, confirming the point of entry and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal.
   3.   If the transit operation takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.
   4.   The competent authorities of the Requested State shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.
   5.   Transit of the persons shall be carried out within 30 days of receipt of consent to the request.
   SECTION V

      COSTS

   Article 15
   Transport and transit costs
   Without prejudice to the right of the competent authorities to recover the costs associated with readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the Requesting State.
   SECTION VI

      DATA PROTECTION AND NON-AFFECTION CLAUSE

   Article 16
   Data Protection
   The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of Georgia or a Member State as the case may be. The processing and treatment of personal data in a particular case shall be subject to the domestic laws of Georgia and, where the controller is a competent authority of a Member State, to the provisions of Directive 95/46/EC and of the national legislation of that Member State adopted pursuant to that Directive. Additionally the following principles shall apply:

               (a)

               personal data must be processed fairly and lawfully;

               (b)

               personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;

               (c)

               personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:

                           (i)

                           the particulars of the person to be transferred (e.g. given names, surnames, any previous names, other names used/by which known or aliases, sex, civil status, date and place of birth, current and any previous nationality);

                           (ii)

                           passport, identity card or driving licence (number, period of validity, date of issue, issuing authority and place of issue);

                           (iii)

                           stop-overs and itineraries;

                           (iv)

                           other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement;

               (d)

               personal data must be accurate and, where necessary, kept up-to-date;

               (e)

               personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;

               (f)

               both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because those data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;

               (g)

               upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;

               (h)

               personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;

               (i)

               the communicating and the receiving authorities are under an obligation to make a written record of the communication and receipt of personal data.

         Article 17
   Non-affection clause
   1.   This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Union, the Member States and Georgia arising from international law and, in particular, from:

               (a)

               the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 January 1967 on the Status of Refugees;

               (b)

               the international conventions determining the State responsible for examining applications for asylum lodged;

               (c)

               the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms and its Protocols;

               (d)

               the UN Convention of 10 December 1984 against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;

               (e)

               international conventions on extradition and transit;

               (f)

               multilateral international conventions and agreements on the readmission of foreign nationals, such as the Convention on International Civil Aviation of 7 December 1944.

         2.   Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.
   SECTION VII

      IMPLEMENTATION AND APPLICATION

   Article 18
   Joint readmission committee
   1.   The Contracting Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement. To this end, they shall set up a joint readmission committee (hereinafter referred to as ‘the committee’) which will, in particular, have the following tasks:

               (a)

               to monitor the application of this Agreement;

               (b)

               to decide on implementing arrangements necessary for the uniform application of this Agreement;

               (c)

               to have regular exchanges of information on the implementing Protocols drawn up by individual Member States and Georgia pursuant to Article 19 of this Agreement;

               (d)

               to recommend amendments to this Agreement and its Annexes.

         2.   The decisions of the committee shall be binding on the Contracting Parties.
   3.   The committee shall be composed of representatives of the Union and Georgia.
   4.   The committee shall meet where necessary at the request of one of the Contracting Parties.
   5.   The committee shall establish its rules of procedures.
   Article 19
   Implementing Protocols
   1.   On request of a Member State or Georgia, Georgia and a Member State shall draw up an implementing Protocol which shall, inter alia, cover rules on:

               (a)

               designation of the competent authorities, border crossing points and exchange of contact points;

               (b)

               conditions for escorted returns, including the transit of third-country nationals and stateless persons under escort;

               (c)

               means and documents additional to those listed in the Annexes 1 to 4 to this Agreement;

               (d)

               the modalities for readmission under the accelerated procedure; and

               (e)

               the procedure for interviews.

         2.   The implementing Protocols referred to in paragraph 1 shall enter into force only after the committee has been notified.
   3.   Georgia agrees to apply any provision of an implementing Protocol drawn up with one Member State also in its relations with any other Member State upon request of the latter.
   Article 20
   Relation to bilateral readmission agreements or arrangements of Member States
   The provisions of this Agreement shall take precedence over the provisions of any bilateral agreement or arrangement on the readmission of persons residing without authorisation which have been, or may – pursuant to Article 19 – be, concluded between individual Member States and Georgia, in so far as the provisions of the latter are incompatible with those of this Agreement.
   SECTION VIII

      FINAL PROVISIONS

   Article 21
   Territorial application
   1.   Subject to paragraph 2, this Agreement shall apply to the territory in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applicable and to the territory of Georgia.
   2.   This Agreement shall apply to the territory of Ireland only pursuant to a notification by the European Union to Georgia to that effect. This Agreement shall not apply to the territory of the Kingdom of Denmark.
   Article 22
   Amendments to the Agreement
   This Agreement may be amended and supplemented by mutual consent of the Contracting Parties. Amendments and supplements shall be drawn up in the form of separate protocols, which shall form an integral part of this Agreement, and enter into force in accordance with the procedure laid down in Article 23 of this Agreement.
   Article 23
   Entry into force, duration and termination
   1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective procedures.
   2.   This Agreement shall enter into force on the first day of the second month following the date on which the last Contracting Party has notified the other that the procedures referred to in the first paragraph have been completed.
   3.   This Agreement shall apply to Ireland on the first day of the second month following the date of the notification referred to in Article 21(2).
   4.   This Agreement is concluded for an unlimited period.
   5.   Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to apply 6 months after the date of such notification.
   Article 24
   Annexes
   Annexes 1 to 6 shall form an integral part of this Agreement.

      Done at Brussels on 22 November 2010 in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Georgian languages, each of these texts being equally authentic.

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

         За Грузия
         Por Georgia
         Za Gruzii
         For Georgien
         Für Georgien
         Gruusia nimel
         Για τη Γεωργία
         For Georgia
         Pour la Géorgie
         Per la Georgia
         Gruzijas vārdā –
         Gruzijos vardu
         Grúzia részéről
         Għall-Georġja
         Voor Georgië
         W imieniu Gruzji
         Pela Geórgia
         Pentru Georgia
         Za Gruzínsko
         Za Gruzijo
         Georgian puolesta
         För Georgien

      (1)  In line with the form set out in EU Council recommendation of 30 November 1994.

      (2)  Ibid.
   ANNEX 1

      COMMON LIST OF DOCUMENTS, THE PRESENTATION OF WHICH IS CONSIDERED AS PROOF OF CITIZENSHIP

      (ARTICLES 2(1), 4(1) AND 8(1))

               —

               passports of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate passports including children’s passports),

               —

               identity cards (including temporary and provisional ones),

               —

               citizenship certificates and other official documents that mention or clearly indicate citizenship.

         ANNEX 2

      COMMON LIST OF DOCUMENTS, THE PRESENTATION OF WHICH IS CONSIDERED AS PRIMA FACIE EVIDENCE OF NATIONALITY

      (ARTICLES 2(1), 4(1) AND 8(2))

   Where the Requested State is either one of the Member States or Georgia:

               —

               documents listed in Annex 1, the validity of which has expired by more than 6 months,

               —

               photocopies of any of the documents listed in Annex 1 to this Agreement,

               —

               driving licenses or photocopies thereof,

               —

               birth certificates or photocopies thereof,

               —

               company identity cards or photocopies thereof,

               —

               statements by witnesses,

               —

               statements made by the person concerned and language spoken by him or her, including by means of an official test result,

               —

               any other document which may help to establish the nationality of the person concerned,

               —

               service books and military identity cards,

               —

               seaman’s registration books and skippers’ service cards,

               —

                  laissez-passer issued by the Requested State.

         Where the Requested State is Georgia:

               —

               confirmation of identity as a result of a search carried out in the Visa Information System (1),

               —

               in the case of Member States not using the Visa Information System, positive identification established from visa application records of those Member States.

      (1)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of date between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
   ANNEX 3

      COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PROOF OF THE CONDITIONS FOR THE READMISSION OF THIRD-COUNTRY NATIONALS AND STATELESS PERSONS

      (ARTICLES 3(1), 5(1) AND 9(1))

               —

               visa and/or residence permit issued by the Requested State,

               —

               entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure (e.g. photographic).

         ANNEX 4

      COMMON LIST OF DOCUMENTS WHICH ARE CONSIDERED AS PRIMA FACIE EVIDENCE OF THE CONDITIONS FOR THE READMISSION OF THIRD-COUNTRY NATIONALS AND STATELESS PERSONS

      (ARTICLES 3(1), 5(1) AND 9(2))

               —

               description issued by the relevant authorities of the Requesting State, of place and circumstances under which the person concerned has been intercepted after entering the territory of that State,

               —

               information related to the identity and/or stay of a person which has been provided by an international organisation (e.g. UNHCR),

               —

               reports/confirmation of information by family members, travelling companions, etc.,

               —

               statement by the person concerned,

               —

               information showing that the person concerned has used the services of a courier or travel agency,

               —

               official statements made, in particular, by border authority staff and other witnesses who can testify the fact of the border crossing for the person concerned,

               —

               official statement by the person concerned in judicial or administrative proceedings,

               —

               documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, car rental agreements, credit card receipts, etc.) which clearly show that the person concerned stayed on the territory of the Requested State,

               —

               named tickets and/or passenger lists of air, train, coach or boat passages which show the presence and the itinerary of the person concerned on the territory of the Requested State.

         ANNEX 5

   ANNEX 6

   JOINT DECLARATION CONCERNING ARTICLES 3(1) AND 5(1)
   The Parties agree that a person is ‘entering directly’ from the territory of Georgia within the meaning of these provisions if such person arrived on the territory of a Member State without having entered a third country in between, or, where the Requested State is one of the Member States, arrived on the territory of Georgia without having entered a third country in between. Airside transit stays in a third country shall not be considered as entry.
   JOINT DECLARATION CONCERNING THE KINGDOM OF DENMARK
   The Contracting Parties take note that this Agreement does not apply to the territory of the Kingdom of Denmark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that Georgia and the Kingdom of Denmark conclude a readmission agreement on the same terms as this Agreement.
   JOINT DECLARATION CONCERNING THE REPUBLIC OF ICELAND AND THE KINGDOM OF NORWAY
   The Contracting Parties take note of the close relationship between the European Union and the Republic of Iceland and the Kingdom of Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that Georgia conclude a readmission agreement with the Republic of Iceland and the Kingdom of Norway on the same terms as this Agreement.
   JOINT DECLARATION CONCERNING THE SWISS CONFEDERATION
   The Contracting Parties take note of the close relationship between the European Union and the Swiss Confederation, particularly by virtue of the Agreement concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which entered into force on 1 March 2008. In such circumstances it is appropriate that Georgia conclude a readmission agreement with the Swiss Confederation on the same terms as this Agreement.


title: Decision (EU) 2017/1680 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/249

         DECISION (EU) 2017/1680 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute of Innovation and Technology for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Institute of Innovation and Technology for the financial year 2015, together with the Institute's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Institute in respect of the implementation of the budget for the financial year 2015 (05873/2017– C8-0077/2017),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (4), and in particular Article 21 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0127/2017),

               1.

               Approves the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Director of the European Institute of Innovation and Technology, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 112.

      (2)  See footnote 1.

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

      (4)  OJ L 97, 9.4.2008, p. 1.

      (5)  OJ L 328, 7.12.2013, p. 42.


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32002D0036

Decision No 36/2002/EC of the European Parliament and of the Council of 19 December 2001 concerning the Community contribution to the Global Fund to fight HIV/AIDS, tuberculosis and malaria

Official Journal L 007 , 11/01/2002 P. 0001 - 0002

Decision No 36/2002/EC of the European Parliament and of the Councilof 19 December 2001concerning the Community contribution to the Global Fund to fight HIV/AIDS, tuberculosis and malariaTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 179 thereof,Having regard to the proposal from the Commission,Acting in accordance with the procedure referred to in Article 251 of the Treaty(1),Whereas:(1) Concern is increasing over the devastating impact of the three major communicable diseases HIV/AIDS, tuberculosis and malaria on human suffering and on economic and social development, and hence on efforts to reduce poverty, in particular for the most vulnerable sections of the populations of developing countries.(2) The G8 Okinawa Summit of July 2000 pledged to contribute significantly to the fight against communicable diseases and to break the vicious circle between diseases and poverty.(3) The Council, in its Resolution of 15 May 2001, and the European Parliament, in its Resolution of 4 October 2001, both endorsed a Community Programme entitled Programme for Action: accelerated action on HIV/AIDS, malaria and tuberculosis in the context of poverty reduction.(4) The joint Declaration of 31 May 2001 by the Council and the Commission and the European Parliament Resolution of 4 October 2001 on communicable diseases and poverty welcomed the proposal of the UN Secretary General to establish a Global Fund to fight HIV/AIDS, tuberculosis and malaria (hereinafter called "Global Fund"), and stressed that contributions to the Global Fund should be additional to existing resources.(5) At the G8 Genova Summit of July 2001, the Commission announced, with the support of the Community and the Member States, its intention to pledge EUR 120 million in response to the appeal of the UN General Assembly.(6) This fund is being established on behalf of the international donors community and beneficiary countries. It will be administered by the Trustee of the Global Fund in accordance with the purpose of the fund, as stated in its governance and management rules.(7) The objective of the fund will be to address the communicable diseases HIV/AIDS, tuberculosis and malaria in developing countries, pursuing a balanced approach with a primary focus on prevention.(8) The Community agrees to make a contribution of EUR 60 million in 2001 from the Community budget. This contribution will be managed alongside the other contributions to the Global Fund in accordance with the principles of sound and efficient management.(9) The Commission will propose a legal base for future contributions for the implementation of the Programme for Action on the three communicable diseases including any further contributions to the Global Fund,HAVE DECIDED AS FOLLOWS:Article 11. The Community shall contribute to the Global Fund to fight HIV/AIDS, tuberculosis and malaria, EUR 60 million for 2001.2. The contribution to the Global Fund will be made by means of a financing agreement to be concluded between the Commission and the Trustee of the Global Fund.3. The contribution will be administered following the rules and procedures to be established for the Global Fund, agreed with the Commission and to be annexed to the financing agreement.Article 21. The Commission will forward all relevant information to the European Parliament, the Council and the Court of Auditors and will request from the Global Fund all supplementary information that the European Parliament, the Council and the Court of Auditors may wish to receive as regards the financial operation of the Global Fund. The Commission and the Court of Auditors may carry out any necessary checks and inspections in order to protect the Community financial interest against fraud and irregularities.2. In 2002 the Commission shall submit to the European Parliament and Council a first report on the governance and working methods of the Global Fund. From 2003 onwards, reporting on the implementation of the Programme for Action including the Global Fund shall be part of the Community's annual report on external assistance.Article 3This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 19 December 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentA. Neyts-Uyttebroeck(1) Opinion of the European Parliament of 29 November 2001 (not yet published in the Official Journal) and Decision of the Council of 6 December 2001.


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32002D0466

Decision No 466/2002/EC of the European Parliament and of the Council of 1 March 2002 laying down a Community action programme promoting non-governmental organisations primarily active in the field of environmental protection

Official Journal L 075 , 16/03/2002 P. 0001 - 0006

Decision No 466/2002/EC of the European Parliament and of the Councilof 1 March 2002laying down a Community action programme promoting non-governmental organisations primarily active in the field of environmental protectionTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Following consultation of the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The Treaty provides for the development and the implementation of a Community environment policy and sets out the objectives and principles which guide that policy.(2) The Action Programme introduced by Council Decision 97/872/EC of 16 December 1997 on a Community action programme promoting non-governmental organisations primarily active in the field of environmental protection(4) comes to an end on 31 December 2001. The Programme has been evaluated by the Commission and present and previous beneficiaries, revealing a strong support for its renewal or revision.(3) The Sixth Environment Action Programme recognises the need for empowering citizens, and the measures proposed include extensive and wide-ranging dialogue with stakeholders in environmental policy-making. In order to make it possible for non-governmental organisations (hereinafter referred to as "NGOs") to take part in such a dialogue, the Sixth Environment Action Programme envisages the need for appropriate support, including Community finance, to NGOs.(4) NGOs active in the field of environmental protection have already demonstrated that they can contribute to the environment policy of the Community, as laid down in Article 174 of the Treaty, by active involvement in concrete environmental protection measures and in activities to increase the general awareness of the need for the protection of the environment with a view to sustainable development. NGOs also active in the field of animal protection, provided that such activities serve to achieve environmental protection objectives, may also participate in this Programme.(5) NGOs are essential to coordinate and channel to the Commission information and views on the new and emerging perspectives, such as on nature protection and transboundary environmental problems, which cannot be, or are not being, fully dealt with at the Member State or subordinate level. NGOs have good understanding of public concerns on the environment and can thus promote these views and channel them back to the Commission.(6) Environmental NGOs participate in experts groups, in preparatory and implementation committees of the Community institutions, providing important input to Community policies, programmes and initiatives and necessary balance in relation to the interests of other actors in the environment, including industry/business, trade unions and consumer groups.(7) NGOs with a capacity to stimulate exchange of perspectives, problems and possible solutions and to implement relevant activities related to environmental problems with a Community dimension, involving stakeholders at national, regional and local level, should be promoted. For this purpose only NGOs and NGO networks active at a European level will be targeted.(8) The geographical expansion of the Programme is necessary in order to include Candidate Countries' NGOs in the light of their importance in gaining public acceptance for the environmental "acquis" and strengthening its implementation.(9) In the light of the experience gained in the first three years of implementation of this Decision, an assessment of the operation of the Programme should be undertaken in order to decide on its continuation.(10) The annual appropriations should be decided upon by the budgetary authority in the budgetary procedure.(11) This Decision lays down, for the entire duration of the Programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(5), for the budgetary authority during the annual budgetary procedure,HAVE DECIDED AS FOLLOWS:Article 11. A Community action programme promoting non-governmental organisations (NGOs) primarily active in the field of environmental protection is hereby established.2. The general objective of this Programme shall be to promote NGOs which are primarily active in the field of environmental protection and enhancement at a European level. Such activities should involve contributing, or being able to contribute, to the development and implementation of Community environmental policy and legislation in different regions of Europe.3. The Programme shall also promote the systematic involvement of NGOs at all stages of the Community environmental policy-making process, by ensuring relevant representation in stakeholder consultation meetings and public hearings. The Programme shall also contribute to the strengthening of small regional or local associations working to apply the acquis communautaire in relation to the environment and sustainable development in their local area.Article 2In order to qualify for a grant, an NGO shall have the following characteristics and comply with the Annex:(a) it must be an independent and non-profit-making legal person primarily active in the field of environmental protection and enhancement with an environmental objective aimed at the public good and with a view to sustainable development;(b) it must be active at a European level, either singly or in the form of several coordinated associations with a structure (membership base) and activities covering at least three European countries. However, coverage of two European countries is acceptable, provided that the primary objective of the activities is to support the development and implementation of Community environmental policy, as detailed in Article 1(2) and (3);(c) its activities must meet, in particular, the principles underlying the Sixth Environment Action Programme and be in line with the priority areas identified in Article 5;(d) it must have been legally constituted for more than two years and have had its annual statement of accounts for the two preceding years certified by a registered auditor. In cases of exceptional circumstances, the Commission may grant a derogation from these two requirements, provided that to do so would not compromise the protection of Community financial interests.Article 3The Programme shall be open to the participation of European NGOs established in either:(a) the Member States;(b) the Associated Countries(6) in accordance with the conditions established in the respective Europe Agreements, in the additional protocols thereto and in the decisions of the respective Association Councils;(c) Cyprus, Malta or Turkey in accordance with conditions and procedures to be agreed with those countries; or(d) the Balkan countries forming part of the Stabilisation and Association process for countries of South-Eastern Europe(7) in accordance with conditions and procedures to be agreed with those countries.Article 41. The Commission shall publish a Call for Proposals in the Official Journal of the European Communities by 30 September each year, for grants in the following calendar year. In addition, the Commission shall use other appropriate means available to make the programme known to potential beneficiaries, including the electronic media.2. The Call for Proposals shall include an information package and set out the eligibility, selection and award criteria (including details of the proposed weighting system) and the application, assessment and approval procedure.3. After assessing the proposals, the Commission shall decide which organisations are to receive financing in the following year, by 31 December each year, save for a delay in the adoption of the Community budget. The decision shall give rise to an agreement between the Commission and the beneficiary, fixing the maximum amount of the grant, the methods of payment, the control and monitoring measures and the objectives to be achieved by the grant. Payments shall be made immediately.Article 51. Given the importance of sustainable development and the health and quality of life of European citizens, support from this Programme shall target in particular the priority areas from the Sixth Environment Action Programme, grouped under four main headings as follows:(a) limiting climate change;(b) nature and bio-diversity - protecting a unique resource;(c) health and environment;(d) ensuring the sustainable management of natural resources and waste.The Sixth Environment Action Programme will be subject to a review in the fourth year of operation and revised and updated, as necessary, to take account of new developments and information.In addition to the abovementioned areas, environmental education and implementation and enforcement of Community environmental legislation shall also be priorities.2. The selection and award process shall be carried out in four steps, as detailed in A of the Annex.Article 61. A grant shall not exceed 70 % of the applicant's average audited annual eligible expenses during the preceding two years, in the case of NGOs based in the Community, or 80 % in the case of NGOs based in the candidate countries and the Balkan countries, nor 80 % of the applicant's eligible expenses for the current year.The amount shall be determined annually according to a fixed weighting system, which takes into account the score values resulting from the assessment referred to in Article 5(2) and described in A of the Annex and the principles as outlined in C of the Annex.2. A beneficiary under this Programme shall be free to use the grant to cover its eligible expenses as it deems appropriate, over the grant year. All expenses incurred by the beneficiary during the grant year shall be considered eligible, except for those specified in section 2 of D of the Annex. Beneficiaries may also disburse funds to partners or member organisations in accordance with details specified in the approved work programme.3. The amount of the grant shall become final only once the audited financial statement has been accepted by the Commission, ensuring that Community funds have been used in accordance with the relevant provisions of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(8).The final payment shall be reduced accordingly if the total of Community grants, from this and any other programmes, exceeds 80 % of the audited eligible expenses of the beneficiary for the year.4. Moreover, if the audited financial statement of the grant year shows that the total revenues of the beneficiary, save revenues regularly earmarked for ineligible expenses, exceed the eligible expenses, the final payment shall be reduced or, if necessary, the excess amount shall be recovered accordingly. Pursuant to Article 256 of the Treaty, recovery orders shall be enforceable.5. In order to ensure the effectiveness of the grants to environmental NGOs, the Commission shall take the necessary measures to verify that a selected organisation still satisfies the requirements for being awarded the grant throughout the grant year. In particular, a systematic scheme to monitor the beneficiaries' performance during the grant year, as well as an ex-post performance evaluation, shall be put in place.6. The Commission shall provide unsuccessful applicants with reasons for the failure of the NGO to meet the requirements, giving sufficient explanation to enable them to identify reforms needed before making new applications.Article 71. This Programme shall start on 1 January 2002 and end on 31 December 2006.2. The financial framework for the implementation of this Programme for the period 2002 to 2006 is hereby set at EUR 32 million.3. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 81. In order to protect the Communities' financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this Programme in accordance with Council Regulation (Euratom, EC) No 2185/96(9). If appropriate, the European Anti-Fraud Office (OLAF) shall carry out investigations, which shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council(10).2. The beneficiary of a grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year for a period of five years following the last payment. The beneficiary of a grant shall see to it that, where appropriate, supporting documents that are in the hands of partners or members are available for the Commission.Article 91. Failure to meet expected results, as evidenced by obligatory reports, may lead to ineligibility for funding under this Programme in the following year. Repeated failure in two successive years shall result in ineligibility for the remaining years of the programme.2. If an NGO becomes the subject of a Commission recovery order due to intentional irregularities, irregularities caused by negligence or fraud, it shall automatically be excluded from funding under the remaining years of the Programme.3. If the Commission discovers irregularities, mismanagement or fraud in relation to a grant, either by audits or on-the-spot checks, the beneficiary shall be subject to one or several of the following administrative measures and penalties in proportion to the severity of the case (and with a right to appeal against the decision):(a) annulment of the grant;(b) payment of a fine of up to 50 % of the amount of the recovery order;(c) exclusion from other Community funding opportunity, for the remaining years of the Programme;(d) exclusion from the relevant dialogue mechanisms of the Commission, for the remaining years of the Programme.Article 10A list of the beneficiaries to be financed under this Programme, together with the amount allocated, shall be published each year in the Official Journal of the European Communities.Article 11The Commission shall provide a report to the Member States and the European Parliament by 30 April each year on the process of allocating grants for the current year, and outcomes from grants for the previous year. The report shall include an explanation of how the Commission has selected beneficiaries for the current year. The Commission shall convene a meeting of stakeholders to discuss this report by 30 June each year.By 31 December 2004 at the latest, the Commission shall submit a report to the European Parliament and the Council on the achievement of the objectives of this Programme during the first three years and shall, if appropriate, make proposals for any adjustment to be made with a view to continuing or not continuing the Programme. This Report shall be based on the reports concerning beneficiaries' performance and assess, in particular, their effectiveness in contributing to the objectives stated in Article 1 and the Annex.The European Parliament and the Council, in accordance with the Treaty, shall decide on the continuation of the Programme as from 1 January 2007. Before putting forward proposals to this end, the Commission shall conduct an external evaluation of the results achieved by the Programme.Article 12This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 1 March 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentR. de Miguel(1) OJ C 270 E, 25.9.2001, p. 125.(2) Opinion delivered on 18 October 2001 (not yet published in the Official Journal).(3) Opinion of the European Parliament of 23 October 2001 (not yet published in the Official Journal), Council Common Position of 6 December 2001 (not yet published in the Official Journal) and Decision of the European Parliament of 16 January 2002 (not yet published in the Official Journal).(4) OJ L 354, 30.12.1997, p. 25.(5) OJ C 172, 18.6.1999, p. 1.(6) Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, the Slovak Republic and Slovenia.(7) Former Yugoslav Republic of Macedonia, Albania, Federal Republic of Yugoslavia, Bosnia-Herzegovina, and Croatia.(8) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regulation (EC) No 762/2001 (OJ L 111, 20.4.2001, p. 1).(9) OJ L 292, 15.11.1996, p. 2.(10) OJ L 136, 31.5.1999, p. 1.ANNEXA. THE FOUR STEPS OF THE SELECTION AND AWARD PROCESS1. Elimination of applications which do not comply with the technical/administrative requirements for submitting a request for funding under this Programme. In particular, incomplete or insufficiently detailed applications, or applications which have not been filled in according to the instructions given on the application form or which have been submitted after the publicised deadline, shall be ineligible under this Programme.2. Elimination of applications which do not comply with the eligibility criteria as outlined in Articles 2 and 3.3. Comparative assessment of the remaining eligible applications evaluated against the following criteria, which are further specified in B:(a) extent to which the application and, more specifically, the proposed work programme meet the objectives of the Programme as described in Article 1 and the priorities of the Programme as described in Article 5;(b) management and product quality;(c) outreach, effectiveness and efficiency.Comparative score values will be assigned to each retained applicant.4. Fixing the set of applications, which will enter the award procedure by retaining only those which have received score values above thresholds defined by the Commission.B. CHARACTERISTICS AGAINST WHICH APPLICANTS WILL BE ASSESSEDApplicants having successfully passed the first two selection steps accounted for in A shall be measured against the following criteria:1. Extent to which the application meets the objectives of the ProgrammeCharacteristics of the applicant, including his proposed work programme, which will be evaluated, shall include:(a) Policy relevance (in relation to the Sixth Environment Action programme, a new European Governance, Sustainable Development, Enlargement, the Stabilisation and Association process for countries of South-Eastern Europe, the development of the Euro-Mediterranean Partnership, Integration, Gender Mainstreaming).(b) Relevance and potential impact of involvement in Community environmental policy-shaping and implementation.(c) Representational ability as to voicing the public's concerns from different regions of Europe and as to feeding in these ideas and proposals for the solution of environmental problems.(d) Relevance in environment-awareness raising and knowledge-enhancement activities, both in general and in relation to Community environmental policies.(e) Ability to: develop networks between organisations in Member States and in candidate countries; encourage cooperation with organisations in the public and private sector; and attract part financing from external sources.For each of the abovementioned characteristics, consideration shall be given to the strength of the applicant with regard to fulfilling the associated NGO roles indicated in the examples given in D.2. Management and product qualityCharacteristics to be assessed shall include:(a) Organisational structure, adequacy in staffing and management of human resources.(b) Internal decision-making process, relationship with members, including arrangements to ensure involvement of membership in policy development and policy pronouncements.(c) Strategic approach, goal-orientation and planning practices.(d) Administration, budget control and financial management.(e) Reporting practices (internal and external).(f) Self-assessment and quality control, feedback of experience (learning).(g) Technical/scientific competence.3. Outreach, effectiveness, efficiencyCharacteristics to be assessed shall include:(a) General visibility of the organisation and its activities.(b) External relations and effectiveness (with other actors in the field of the environment, such as local and regional authorities, business and industry, consumer groups, trade unions, other NGOs and the general public).C. DETERMINATION OF GRANTSThe grant is calculated on the applicant's forecasted total eligible expenses for the grant year, taking explicitly into account his average audited expenses over the preceding two years, according to the following principles:1. When all other parameters are equal, the grant amount for NGOs with larger volumes of relevant activities (as measured by the average value of their preceding two years' audited annual expenses and the forecasted total eligible expenses for the grant year) will normally be higher than the grant amounts for NGOs with smaller volumes of relevant activities. However, the distribution will be made on a non-linear basis and so beneficiaries with smaller volumes of relevant activities will receive a relatively higher rate of support.2. When all other parameters are equal, NGOs getting higher comparative assessment scores will receive larger amounts than lower scoring applicants.3. When an NGO has requested a specified amount, under no circumstances shall the grant awarded exceed that amount.D. ELIGIBLE EXPENSES1. All expenses incurred by the beneficiary during the grant year shall be considered eligible except those listed in section 2. Eligible expenses could include some of the following, illustrative, examples of activities:(a) coordinating and channelling to the Commission information and views, based on the concerns and opinions of the general public, on new and emerging perspectives, which cannot be, or are not being, fully dealt with at the Member State or appropriate level;(b) preparatory work and research required for participation in experts groups, in preparatory and implementation committees of the Community institutions, providing important input to Community policies, programmes and initiatives and the necessary balance in relation to the interests of other actors in the environment, including industry/business, trade unions and consumer groups;(c) stimulation of exchange of views, problems and possible solutions, related to environmental problems with a Community dimension, involving stakeholders at national, regional and local level. This could also include transfer of knowledge and ensuring synergy via networking;(d) awareness-raising and knowledge-enhancement regarding both general aspects of the environment and Community environmental policy;(e) capacity building, in particular to reinforce the involvement of small NGOs, new NGO networks and NGOs in the candidate countries and the Balkan countries at European level.2. Payments made by the beneficiary and contracts awarded to third parties, which comprise elements of the categories below, will be deemed ineligible:(a) entertainment, hospitality, unnecessary or ill considered expenses;(b) expenses clearly outside the agreed work programme of the beneficiary for the grant year;(c) debt reimbursements, interest owed, carried over deficits;(d) costs related to the capital employed, investments or reserves set aside to strengthen the assets of the beneficiary;(e) contributions in kind;(f) private expenses;(g) criminal/illegal activities.


title: 2013/628/EU: Council Decision of 22 October 2013 concerning the conclusion of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas

text:
               31.10.2013

               EN

               Official Journal of the European Union

               L 289/1

         COUNCIL DECISION
   of 22 October 2013
   concerning the conclusion of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas
   (2013/628/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a) of the second subparagraph of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2013/2/EU (1), the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (‘the Agreement’) was signed on 17 December 2012, subject to its conclusion at a later date.

               (2)

               The Agreement should be approved.

               (3)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas 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 shall, on behalf of the Union, give the notification provided for in Article 14(1) of the Agreement (4).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 22 October 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 3, 8.1.2013, p. 1.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision of 25 September 2008 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               1.10.2008

               EN

               Official Journal of the European Union

               C 249/4

      COUNCIL DECISION

   of 25 September 2008
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (2008/C 249/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the lists of nominees submitted to the Council by the Commission as regards the employees' representatives,
   Whereas:

               (1)

               By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

               (2)

               A members' seat on the Governing Board of the Centre in the category of the Employees' representatives has become vacant as a result of the resignation of Mr Johannes HYLANDER (Sweden),

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

               REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

               SWEDEN

               Ms Ulrika HEKTOR

      Done at Brussels, 25 September 2008.

            For the Council

            The President

         L. CHATEL

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 240, 5.10.2006, p. 1.


Avis juridique important

|

31999D0865

1999/865/EC: Council Decision of 29 November 1999 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Government of the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Republic of Kazakhstan to the European Community

Official Journal L 342 , 31/12/1999 P. 0037 - 0037

COUNCIL DECISIONof 29 November 1999concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Government of the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Republic of Kazakhstan to the European Community(1999/865/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 together with Article 300(2), first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) The Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Kazakhstan(1) was signed on 23 January 1995 and entered into force on 1 July 1999;(2) The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the Government of the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Republic of Kazakhstan to the European Community,HAS DECIDED AS FOLLOWS:Article 11. The Agreement in the form of an Exchange of Letters between the European Community and the Government of the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Republic of Kazakhstan to the European Community is hereby approved on behalf of the Community.2. The text of the Agreement is annexed to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 29 November 1999.For the CouncilThe PresidentS. NIINISTÖ(1) OJ L 196, 28.7.1999, p. 3.


Avis juridique important

|

31998D0306(03)

Council Decision of 23 February 1998 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal C 070 , 06/03/1998 P. 0003 - 0003

COUNCIL DECISION of 23 February 1998 appointing a member of the Advisory Committee of the Euratom Supply Agency (98/C 70/03)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC/Euratom/ECSC of 1 January 1995 (2),Having regard to the Council Decision of 27 June 1997 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),Having regard to the opinion of the Commission,Whereas a member's seat on the aforementioned Committee has become vacant following the resignation of Mr Luis DEL VAL HERNÁNDEZ, which was brought to the Council's attention on 18 November 1997;Whereas this vacancy should be filled;Having regard to the nomination submitted by the Spanish Government on 18 November 1997,HAS DECIDED:Sole Article Mr Javier ARANA LANDA is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, that is until 28 March 1999.Done in Brussels, 23 February 1998.For the CouncilThe PresidentR. COOK(1) OJ 27, 6.12.1958, p. 534/58.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 210, 11.7.1997, p. 3.


title: Decision of the Management Board of Europol of 20 March 2007 on the control mechanisms for retrievals from the computerised system of collected information

text:
               29.3.2007

               EN

               Official Journal of the European Union

               C 72/30

      DECISION OF THE MANAGEMENT BOARD OF EUROPOL

   of 20 March 2007
   on the control mechanisms for retrievals from the computerised system of collected information
   (2007/C 72/14)
   THE MANAGEMENT BOARD OF EUROPOL,
   Having regard to the Convention based on Article K.3 of the Treaty on European Union on the Establishment of a European Police Office (1), as amended by the Council Act of 27 November 2003 drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office (Europol Convention), a Protocol amending that Convention (2) (hereinafter referred to as ‘the protocol’) and in particular Article 16 thereof,
   After consultation of the Joint Supervisory Body (3),
   Whereas:

               (1)

               Article 1(8) of the protocol changes Article 16 of the Europol Convention which stipulates that Europol shall establish appropriate control mechanisms to allow the verification of the legality of retrievals from the computerised system of collected information referred to in Articles 6 and 6a of the Europol Convention, as amended by the protocol,

               (2)

               Data which is supplied by Member States and third parties for the inclusion in the analysis work files and the information system and which is processed according to Article 3 of the Council Act of 3 November 1998 adopting Rules applicable to Europol Analysis Files (4) and according to Article 6a of the Europol Convention, as introduced by the protocol, shall equally be subject to the control mechanism stipulated by the amended Article 16 of the Europol Convention,

         HAS ADOPTED THE FOLLOWING DECISION:
   Article 1
   Europol shall establish control mechanisms to ensure that for all retrievals, including attempted retrievals, of data from the computerised system of collected information referred to in Articles 6 and 6a of the Europol Convention it shall be possible to ascertain the following information as a minimum:

               (1)

               a unique reference number related to the retrieval or the attempted retrieval

               (2)

               which of the components of the computerised system of collected information referred to in Articles 6 and 6a of the Europol Convention was accessed or consulted,

               (3)

               the identification of the user,

               (4)

               the date and time of the retrieval or consultation, including attempted retrievals,

               (5)

               where applicable, the Analysis Work File or Files concerned,

               (6)

               the identity of the person or persons concerning whom data were queried or accessed and displayed or the identification of the record retrieved.

         Article 2
   The information collected in accordance with Article 1 shall be used by Europol officials authorised to ensure compliance with Europol's rules on data protection as well as the supervisory bodies referred to in Articles 23 and 24 of the Europol Convention only for the purpose of verifying the legality of retrievals from the computerised system of collected information referred to in Articles 6 and 6a of the Europol Convention.
   Article 3
   The information collected in accordance with Article 1 shall be deleted after six months unless the data are further required for ongoing control.
   Article 4
   Europol shall, when processing data under this decision, comply with rules on data protection and data security, laid down in the Europol Convention, in particular Articles 14(3) and 25, as well as with rules adopted in the implementation thereof.
   Article 5
   The Management Board Decisions of 9 June 1999 on the drawing up of reports for retrievals of personal data and of 28 February 2001 on the drawing up of reports for retrievals of personal data in the Information System are herewith repealed.
   Article 6
   The present Decision shall enter into force on 19 April 2007.

      Done at The Hague on 20 March 2007

         Hans-Jürgen FÖRSTER

            Chairman of the Management Board

      (1)  OJ C 316, 27.11.1995, p. 2.

      (2)  OJ C 2, 6.1.2004, p. 1.

      (3)  See opinion 06/40 of 19 October2006.

      (4)  OJ C 26, 30.1.1999, p. 1.