title: 2005/45/EC Council Decision of 22 December 2004 concerning the conclusion and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

text:
               26.10.2005

               EN

               Official Journal of the European Union

               L 23/17

         COUNCIL DECISION
   of 22 December 2004
   concerning the conclusion and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products
   (2005/45/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2) and Article 300(4) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission to negotiate with the Swiss Confederation an Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products.

               (2)

               By Council Decision of 20 October 2004 (1), and subject to its conclusion at a later date, the Agreement was signed on behalf of the Community on 26 October 2004.

               (3)

               The Agreement provides for its provisional application pending its entry into force.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The position to be taken by the Community as regards decisions or recommendations of the Joint Committee that are based on Article 7 of Protocol 2 to the Agreement shall be laid down by the Commission.
   Article 3
   The President of the Council shall effect the notification provided for in Article 5(1) of the Agreement on behalf of the Community (2).
   Article 4
   In accordance with Article 5(2) of the Agreement and pending its entry into force, the Agreement shall be applied on a provisional basis from 1 February 2005, provided that the implementation measures as defined in Article 5(4) of Protocol 2 are adopted at the same time.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 December 2004.

            For the Council

            The President

         C. VEERMANN

      (1)  Not published in the Official Journal.

      (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---

               26.10.2005

               EN

               Official Journal of the European Union

               L 23/19

         AGREEMENT
   between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
   of the other part,
   hereinafter together referred to as ‘the Contracting Parties’,
   HAVING REGARD to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 and to the Joint Declaration on further negotiations attached to the Final Acts of the Agreements between the European Communities and their Member States and the Swiss Confederation, signed in Luxembourg on 21 June 1999,
   CONSIDERING that Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, hereinafter referred to as ‘the Agreement’, should be updated in accordance with the results of the Uruguay Round and be adapted as regards product coverage,
   CONSIDERING that the trade flows between Switzerland and the new Member States should be maintained after enlargement of the European Union,
   DESIRING to improve reciprocal market access for processed agricultural products,
   HAVING REGARD to the Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation, of 17 March 2000,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Agreement is hereby amended as follows:

               1.

               Annex I to the Agreement shall be replaced by the new Annex I which is attached to this Agreement as Annex 1.

               2.

               Protocol 2 to the Agreement shall replaced by the new Protocol 2, which is attached to this Agreement as Annex 2.

         Article 2
   The following agreements shall be repealed with effect from the entry into force of this Agreement:

               —

               Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation, of 17 March 2000,

               —

               Exchange of letters between the European Commission and the Swiss Federal Administration on arrangements designed to improve transparency in the various price compensation measures applied by the European Community and Switzerland which affect trade in processed agricultural products covered by Protocol 2, of 29 November 1988.

         Article 3
   The Annexes to this Agreement, including tables and appendices to the tables and the appendix to Protocol 2, shall form an integral part hereof.
   Article 4
   1.   This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Switzerland.
   2.   This Agreement shall also apply to the territory of the Principality of Liechtenstein as long as the customs union with Switzerland is maintained.
   Article 5
   1.   This Agreement shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the day following the day on which the Contracting Parties have notified each other of the completion of their internal procedures necessary to this end.
   2.   Pending the completion of the ratification procedures referred to in paragraph 1, the Contracting Parties shall apply this Agreement from the first day of the fourth month following the date of the signature, provided that the implementing measures as defined in Article 5(4) of Protocol 2 are adopted at the same date.
   Article 6
   1.   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovene, Spanish and Swedish languages, each text being equally authentic.
   2.   The Maltese language version shall be authenticated by the Contracting Parties on the basis of an Exchange of Letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.

      IN WITNESS WHEREOF, the undersigned Plenipotentiaries, have hereunto set their hands.
      Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.
      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
      Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.
      Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
      Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
      Fait à Luxembourg, le vingt-six octobre deux mille quatre.
      Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
      Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer negyedik év október havának huszonhatodik napján.
      Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
      Sporządzono w Luksemburgu w dniu dwudziestym szóstym października roku dwutysięcznego czwartego.
      Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.
      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Eυρωπαϊκή Koινóτητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera

   ANNEX 1

         ‘ANNEX I
         List of products referred to in Article 2(i) of the Agreement

                     HS code

                     Description

                     2905 43

                     – – Mannitol

                     2905 44

                     – – D-glucitol (sorbitol)

                     3501

                     Casein, caseinates and other casein derivatives; casein glues:

                     3501 10

                     – Casein

                     ex35 01 90

                     – Other:
                     – Other than casein glues

                     3502

                     Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives:
                     – Egg albumin:

                     3502 11

                     – – Dried

                     3502 19

                     – – Other

                     3502 20

                     – Milk albumin, including concentrates of two or more whey proteins

                     3505

                     Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches

                     3809

                     Finishing agents, dye carriers to accelerate the dyeing or fixing or dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included:

                     3809 10

                     – With a basis of amylaceous substances

                     3823

                     Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols:
                     – Industrial monocarboxylic fatty acids; acid oils from refining:

                     3823 11

                     – – Stearic acid

                     3823 12

                     – – Oleic acid

                     3823 19

                     – – Other

                     3823 70

                     – Industrial fatty alcohols

                     3824 60

                     – Sorbitol other than that of subheading 2905 44

                     5301

                     Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock)

                     5302

                     True hemp (Cannabis sativa L.), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)’

   ANNEX 2
   PROTOCOL 2
   Concerning certain processed agricultural products
   Article 1
   General principles
   1.   The provisions of the Agreement shall apply to products listed in Tables I and II unless otherwise specified in this Protocol.
   2.   In particular, with respect to these products, the Contracting Parties may not levy customs duties on imports or charges having equivalent effect, including agricultural components, or grant export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.
   3.   The provisions of this Protocol shall likewise apply to the Principality of Liechtenstein until the application of Protocol 3 to the Agreement on the European Economic Area to the Principality of Liechtenstein.
   Article 2
   Application of price compensation measures
   1.   In order to take account of differences in the cost of the agricultural raw materials used in the manufacture of the products specified in Table I, the Agreement does not preclude the application of price compensation measures to these products; that is the levying of agricultural components upon import and the granting of export refunds or the granting of refunds, remissions or non-payments, partial or complete of customs duties or charges having an equivalent effect.
   2.   If a Contracting Party applies internal measures, which reduce the price of raw materials to processing industries, these measures shall be taken into account in the calculation of the price compensation amounts.
   Article 3
   Price compensation measures on imports
   1.   Switzerland's basic amounts for the agricultural raw materials taken into consideration in calculating the agricultural components on imports shall neither exceed the difference between the Swiss domestic reference price and the Community's domestic reference price for the respective agricultural raw material nor the Swiss import duty actually applied for the agricultural raw material when imported as such.
   2.   The Swiss import regime for products specified in Table I is laid down in Table IV.
   3.   If the Swiss domestic reference price is lower than the Community's domestic reference price, the Community may introduce the price compensation measures as laid down in Article 2 that is the levying of agricultural components upon import, in accordance with Regulation (EC) No 1460/96 as subsequently amended.
   Article 4
   Price compensation measures on exports
   1.   The Swiss export refunds or refunds, remissions or non-payments, partial or complete, of customs duties or charges having an equivalent effect for exports to the Community for products listed in Table I shall not exceed the difference between the Swiss domestic reference price and the Community's domestic reference price for the agricultural raw materials used in the manufacture of these products multiplied by the quantities actually used. If the Swiss domestic reference price is equal or lower than the Community's domestic reference price, the Swiss export refund or refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect shall be zero.
   2.   If the Swiss domestic reference price is lower than the Community's domestic reference price, the Community may introduce the price compensation measures as laid down in Article 2 that is the granting of export refunds, in accordance with Regulation (EC) No 1520/2000 as subsequently amended, or the granting of refunds, remissions or non-payments, partial or complete of customs duties or charges having an equivalent effect.
   3.   For sugar (HS headings 1701, 1702 and 1703) used in the manufacture of products listed in Table I and Table II the Contracting Parties may not grant any export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.
   Article 5
   Reference prices
   1.   The Community and Swiss domestic reference prices for agricultural raw materials mentioned in Articles 3 and 4 are listed in Table III.
   2.   The Contracting Parties shall periodically, at least once every year, provide to the Joint Committee the domestic reference prices of all raw materials for which price compensation measures are applied. The domestic reference prices, which are provided, shall reflect the actual price situation in the territory of the Contracting Party. They shall be the prices normally paid at the wholesale or the manufacturing stage by processing industries. If an agricultural raw material is available to the processing industry, or to a part of it, at a price lower than the one otherwise ruling on the domestic market, the domestic reference prices provided shall be adjusted accordingly.
   3.   The Joint Committee shall fix the domestic reference prices and the price differences, for agricultural raw materials listed in Table III on the basis of the information provided by the services of the European Commission and the Swiss Federal Administration. If necessary for the preservation of the relative preferential margins, the basic amounts of the agricultural raw materials listed in Table IV shall be adapted.
   4.   The Joint Committee shall review the domestic prices for agricultural raw materials mentioned in Articles 3 and 4 that are listed in Table III prior to the application of this Protocol.
   Article 6
   Special provision on administrative cooperation
   Special provisions on administrative cooperation are laid down in the Appendix to this Protocol.
   Article 7
   Amendments
   The Joint Committee may decide to amend the tables, the appendices to the tables and the Appendix attached to this Protocol.
   TABLE I
   Products subject to price compensation measures

               HS heading

               Description of products

               0403

               Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

               .10

               – Yogurt:

               ex .10

               – – Flavoured or containing added fruit, nuts or cocoa

               .90

               – Other:

               ex .90

               – – Flavoured or containing added fruit, nuts or cocoa

               0405

               Butter and other fats and oils derived from milk; dairy spreads:

               .20

               – Dairy spreads:

               ex .20

               – Of a fat content, by weight, of 39 % or more but less than 75 %

               1517

               Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516:

               .10

               – Margarine, excluding liquid margarine:

               ex .10

               – – Containing more than 10 % but not more than 15 % by weight of milk fats

               .90

               – Other:

               ex .90

               – – Containing more than 10 % but not more than 15 % by weight of milk fats

               1704

               Sugar confectionery (including white chocolate), not containing cocoa:

               1806

               Chocolate and other food preparations containing cocoa:

               1901

               Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa powder or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

               1902

               Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

               1904

               Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included:

               1905

               Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

               2004

               Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006:

               .10

               – Potatoes:

               ex .10

               – – In the form of flour, meal or flakes

               2005

               Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

               .20

               – Potatoes:

               ex .20

               – In the form of flour, meal or flakes

               2008

               Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:
               – Nuts, ground-nuts and other seeds, whether or not mixed together:

               .11

               – – Ground-nuts:

               ex .11

               – – – Peanut butter

               2101

               Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:
               – Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

               .12

               – – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

               ex .12

               – – – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch

               .20

               – Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:

               ex .20

               – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch

               2103

               Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

               .20

               – Tomato ketchup and other tomato sauces

               .90

               – Other:

               ex .90

               – – Other than mango chutney, liquid

               2104

               Soups and broths and preparations therefor; homogenised composite food preparations

               2105

               Ice cream and other edible ice, whether or not containing cocoa:

               2106

               Food preparations not elsewhere specified or included:

               .10

               – Protein concentrates and textured protein substances:

               ex .10

               – – Containing more than 1 % milk fats, 1 % other fats or more than 5 % sugars

               .90

               – Other

               2208

               Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages:

               ex .90

               – Other than undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol and other than concentrated grape juice containing added spirit

               3501

               Casein, caseinates and other casein derivatives; casein glues

               .10

               – Casein

               .90

               – Other:

               ex .90

               – – Other than casein glues

         TABLE II
   Free-trade products

               HS heading

               Description of products

               0501

               Human hair, unworked, whether or not washed or scoured; waste of human hair

               0502

               Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair:

               0503

               Horsehair and horsehair waste, whether or not put up as a layer with or without supporting material

               0505

               Skins and other parts or birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers

               10

               – Feathers of a kind used for stuffing; down

               ex 90

               – Other (other than for feed purposes)

               0506

               Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products

               0507

               Ivory, tortoiseshell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products

               0508

               Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof:

               ex 00

               – Other (than for feed purposes)

               0509

               Natural sponges of animal origin:

               0510

               Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved

               0710

               Vegetables, frozen:

               40

               – Sweet corn (Zea mays var. saccharata)

               0711

               Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

               90

               – Other vegetables; mixtures of vegetables:

               ex 90

               – – Sweet corn (Zea mays var. saccharata)

               0901

               Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion:

               0902

               Tea, whether or not flavoured:

               0903

               Maté

               1212

               Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included:

               ex 20

               – Seaweeds and other algae (other than for feed purposes)

               1302

               Vegetables saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

               1401

               Vegetable materials of a kind used primarily for plaiting (for example bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark):

               1402

               Vegetable materials of a kind used primarily as stuffing or as padding (for example kapok, vegetable hair and eelgrass), whether or not put up as a layer with or without supporting material

               1403

               Vegetable materials of a kind used primarily in brooms or in brushes (for example broomcorn piassava, couch grass and istle), whether or not in hanks or bundles

               1404

               Vegetable products not elsewhere specified or included:

               10

               – Raw vegetable materials of a kind used primarily in dyeing and tanning

               20

               – Cotton linters

               ex 90

               – Other (other than for feed purposes)

               1505

               Wool grease and fatty substances derived therefrom (including lanolin):

               ex 00

               – Other (than for feed purposes)

               1516

               Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared:

               20

               – Vegetable fats and oils and their fractions:

               ex 20

               – – Hydrogenated caster oil, so called ‘opal-wax’

               1517

               Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516:

               90

               – Other:

               ex 90

               – – Edible mixtures or preparations of a kind used as mould release preparations

               1518

               Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas otherwise chemically modified, excluding those of heading 1516; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, not elsewhere specified or included:

               ex 00

               – Linoxyn

               1520

               Glycerol, crude; glycerol waters and glycerol lyes

               1521

               Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured

               1522

               Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes

               1702

               Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

               50

               – Chemically pure fructose

               90

               – Other, including invert sugar and other sugar syrup blends containing in the dry state 50 % by weight of fructose:

               ex 90

               – – Chemically pure maltose (other than for feed purposes)

               1803

               Cocoa paste, whether or not defatted:

               1804

               Cocoa butter, fat and oil

               1805

               Cocoa powder, not containing added sugar or other sweetening matter

               1903

               Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms

               2001

               Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

               90

               – Other:

               ex 90

               – – Sweet corn (Zea mays var. saccharata); palm hearts; yams, sweet potatoes and similar edible parts of plants of heading 0714

               2004

               Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006:

               90

               – Other vegetables and mixtures of vegetables:

               ex 90

               – – Sweet corn (Zea mays var. saccharata)

               2005

               Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

               80

               – Sweet corn (Zea mays var. saccharata)

               2006

               Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised):

               ex 00

               – Sweet corn (Zea mays var. saccharata)

               2007

               Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter:

               2008

               Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:
               – Nuts, ground-nuts and other seeds, whether or not mixed together:

               11

               – – Ground-nuts:

               ex 11

               – – – Ground nuts, roasted
               – Other, including mixtures other than those of subheading 2008 19:

               91

               – – Palm Hearts

               99

               – – Other:

               ex 99

               – – – Maize (corn), other than sweet corn (Zea mays var. saccharata)

               2101

               Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:
               – Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

               11

               – – Extracts, essences and concentrates:

               12

               – – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

               ex 12

               – – – Containing no milk fats, milk proteins, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sucrose or isoglucose 5 % glucose or starch

               20

               – Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:

               ex 20

               – – Containing no milk fats, milk proteins, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sucrose or isoglucose, 5 % glucose or starch

               30

               – Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

               2102

               Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders:

               ex 10

               – Active yeasts (other than bakers' yeast and other than for feeding purposes)

               ex 20

               – Inactive yeasts; other single-cell micro-organisms, dead (other than for feed purposes)

               30

               – Prepared baking powders

               2103

               Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

               10

               – Soya sauce

               30

               – Mustard flour and meal and prepared mustard:

               ex 30

               – – Mustard flour and meal other than for feed purposes; prepared mustard

               90

               – Other:

               ex 90

               – – Mango chutney, liquid

               2106

               Food preparations not elsewhere specified or included:

               10

               – Protein concentrates and textured protein substances:

               ex 10

               – – Other than containing more than 1 % milk fats, 1 % other fats or more than 5 % sugars

               2201

               Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter not flavoured; ice and snow

               2202

               Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009:

               10

               – Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

               ex 90

               – Other than fruit juice or vegetable juice diluted with water or aerated

               2203

               Beer made from malt:

               2205

               Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances:

               2207

               Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength:

               2208

               Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages:

               20

               – Spirits obtained by distilling grape wine or grape marc:

               30

               – Whiskies:

               40

               – Rum and tafia:

               50

               – Gin and Geneva:

               60

               – Vodka:

               70

               – Liqueurs and cordials:

               2209

               Vinegar and substitutes for vinegar obtained from acetic acid:

         TABLE III
   EC and Swiss domestic reference prices (4)

               Agricultural raw material

               Swiss domestic reference price
               CHF per 100 kg net

               EC domestic reference price
               CHF per 100 kg net

               Difference Swiss/EC reference price
               CHF per 100 kg net

               Common wheat

               64,00

               19,45

               44,55

               Durum wheat

               43,22

               28,46

               14,76

               Rye

               58,00

               15,98

               42,02

               Barley

               32,46

               11,81

               20,65

               Maize

               38,97

               18,87

               20,10

               Common wheat flour

               105,88

               27,23

               78,65

               Whole-milk powder

               607,00

               382,77

               224,23

               Skimmed-milk powder

               481,04

               295,49

               185,55

               Butter

               922,00

               336,10 (1)/455,20

               466,80/585,90 (1)

               Sugar (HS headings 1701, 1702 and 1703)

               –

               –

               0,00

               Eggs (2)

               250,75

               186,70

               64,05

               Fresh potatoes

               42,00

               21,14

               20,86

               Vegetable fat (3)

               360,00

               147,25

               212,75

         TABLE IV
   Swiss Import Regime

               (a)

               The customs duty for the products listed in the Appendix to this Table is an agricultural component calculated on the basis of the net mass. The standard recipes are specified in the Appendix.

               (b)

               For products listed in the Appendix the following basic amounts for agricultural raw materials are taken into account for the calculation of the agricultural components:

                           Agricultural raw material

                           Applied basic amount as from the entry into force

                           Applied basic amount as from three years after the entry into force

                           CHF per 100 kg net

                           CHF per 100 kg net

                           Common wheat

                           40,00

                           38,00

                           Durum wheat

                           13,00

                           12,00

                           Rye

                           37,00

                           36,00

                           Barley

                           18,00

                           18,00

                           Maize

                           18,00

                           18,00

                           Common wheat flour

                           70,00

                           67,00

                           Whole-milk powder

                           201,00

                           191,00

                           Skimmed-milk powder

                           167,00

                           158,00

                           Butter

                           466,00

                           466,00

                           Sugar (HS headings 1701, 1702 and 1703)

                           00,00

                           00,00

                           Eggs

                           36,00

                           36,00

                           Fresh potatoes

                           18,00

                           18,00

                           Vegetable fat

                           191,00

                           181,00

               (c)

               The customs duty for the products listed in the table below is zero.

                           Swiss tariff heading

                           Comments

                           1901.9099

                           1904.9020

                           1905.9040

                           2103.2000

                           ex2103.9000

                           Other than mango chutney, liquid

                           2104.1000

                           2106.9010

                           2106.9024

                           2106.9029

                           2106.9030

                           2106.9040

                           2106.9099

                           2208.9099

               (d)

               As from the application of this Protocol the customs duties for the products listed in the table below are reduced to zero in three equal yearly steps.

                           Swiss tariff heading

                           Applied duty as from the entry into force

                           Applied duty as from one year after the entry into force

                           Applied duty as from two years after the entry into force

                           CHF per 100 kg gross

                           CHF per 100 kg gross

                           CHF per 100 kg gross

                           2208.9021

                           27,30

                           13,70

                           00,00

                           2208.9022

                           46,70

                           23,30

                           00,00

               (e)

               The tariff headings set out in this Table refer to those applicable in Switzerland on 1 January 2002. Notwithstanding Article 12bis of the Agreement, the terms of this Table will not be affected by any changes that may be made in the tariff nomenclature.

      (1)  For products benefiting from the aid for butter granted under Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs.

      (2)  Derived from the prices for liquid birds' eggs, not in shell multiplied by factor 0,85.

      (3)  Prices for vegetable fats (for the baking and food industry) with 100 % fat content.

      (4)  The EC and Swiss domestic reference prices for agricultural raw materials mentioned in Articles 3 and 4 that are listed in Table III are based on data of 1 January 2002. They shall be reviewed by the Joint Committee prior to the application of this Protocol.


Avis juridique important

|

31996D0041

96/41/EC: Council Decision of 8 January 1996 appointing a member and an alternate member of the Committee of the Regions

Official Journal L 012 , 17/01/1996 P. 0013 - 0013

COUNCIL DECISION of 8 January 1996 appointing a member and an alternate member of the Committee of the Regions (96/41/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decision of 26 January 1994 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 1994 to 25 January 1998 (1),Whereas a seat as a member of the Committee has become vacant following the resignation of Mr Liénard, notified to the Council on 17 October 1995;Whereas a seat as an alternate member of the Committee has become vacant following the resignation of Mr Thys, notified to the Council on 25 March 1994;Having regard to the proposal from the Belgian Government,HAS DECIDED AS FOLLOWS:Sole Article 1. Mr Jean-Pierre Grafé is hereby appointed a member of the Committee of the Regions in place of Mr Liénard for the remainder of his term of office, which runs until 25 January 1998.2. Mr Hervé Hasquin is hereby appointed an alternate member of the Committee of the Regions in place of Mr Thys for the remainder of his term of office, which runs until 25 January 1998.Done at Brussels, 8 January 1996.For the CouncilThe PresidentW. LUCCHETTI(1) OJ No L 31, 4. 2. 1994, p. 29.


title: 2005/706/EC: Decision of the European Parliament and of the Council of 7 September 2005 on the mobilisation of the European Union Solidarity Fund according to point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure

text:
               14.10.2005

               EN

               Official Journal of the European Union

               L 269/21

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 7 September 2005
   on the mobilisation of the European Union Solidarity Fund according to point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure
   (2005/706/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (1), and in particular point 3 thereof,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Union has created a Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.

               (2)

               Slovakia submitted an application to mobilise the Fund on 24 January 2005, following a disaster caused by a storm.

               (3)

               The Interinstitutional Agreement of 7 November 2002 allows mobilisation of the Fund within an annual ceiling of EUR 1 billion.

               (4)

               The storm disaster in Slovakia in November 2004 fulfils the criteria for mobilising the European Union Solidarity Fund,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The European Union Solidarity Fund shall be mobilised to provide the sum of EUR 5 667 578 in commitment appropriations from the general budget of the European Union for the financial year 2005.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 7 September 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         D. ALEXANDER

      (1)  OJ C 283, 20.11.2002, p. 1.

      (2)  OJ L 311, 14.11.2002, p. 3.


title: Decision of the General Court of 27 January 2016 on judicial vacations

text:
               29.3.2016

               EN

               Official Journal of the European Union

               C 111/2

         DECISION OF THE GENERAL COURT
   of 27 January 2016
   on judicial vacations
   (2016/C 111/02)
   THE GENERAL COURT
   Having regard to Article 41(2) of the Rules of Procedure,
   HAS ADOPTED THIS DECISION:

      Article 1

   For the judicial year beginning on 1 September 2016, the dates of the judicial vacations within the meaning of Article 41(2) and (6) of the Rules of Procedure are as follows:

               —

               Christmas 2016: from Monday 19 December 2016 to Sunday 8 January 2017 inclusive,

               —

               Easter 2017: from Monday 10 April 2017 to Sunday 23 April 2017 inclusive,

               —

               Summer 2017: from Friday 21 July 2017 to Sunday 3 September 2017 inclusive.

      Article 2

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

      Luxembourg, 27 January 2016.

            Registrar

         E. COULON

            President

         M. JAEGER


title: Council Decision (EU) 2015/799 of 18 May 2015 authorising Member States to become party, in the interest of the European Union, to the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, of the International Maritime Organization (Text with EEA relevance)

text:
               22.5.2015

               EN

               Official Journal of the European Union

               L 127/20

         COUNCIL DECISION (EU) 2015/799
   of 18 May 2015
   authorising Member States to become party, in the interest of the European Union, to the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, of the International Maritime Organization
   (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46, Article 53(1) and Article 62 in conjunction with point (a)(v) of Article 218(6) and the first subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament, (1)

   Whereas:

               (1)

               The International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (‘the Convention’) of the International Maritime Organization (‘IMO’) was adopted on 7 July 1995 at the International Conference convened by the IMO in London.

               (2)

               The Convention entered into force on 29 September 2012.

               (3)

               The Convention represents a significant contribution to the fishing sector at international level by promoting the safety of life and property at sea, thereby also contributing to the protection of the marine environment. It is therefore desirable that its provisions be implemented as soon as possible.

               (4)

               Fishing at sea is one of the most hazardous professions, therefore appropriate training and qualifications are an essential means by which to cut the number of accidents. The embarking of personnel on board Member States fishing vessels should in any case be done without prejudice to maritime safety.

               (5)

               In the framework of Sustainable Fisheries Partnership Agreements (‘the Agreements’) with third countries, it is important that personnel on board fishing vessels flying the flag of a Member State possess appropriate professional qualifications proven by certificates accepted by the flag State, so that recruitment under the conditions laid down in the Agreements is possible. Member States should make every effort to avoid friction between international and Union law, including any possible negative impact on the conclusion and the implementation of the Agreements, when applying the Convention. Furthermore, relevant third countries should be encouraged to become parties to the Convention.

               (6)

               The European Parliament, the Council and the Commission promote safety at sea and safety at work as well as the enhancement of the professional qualifications of personnel on board fishing vessels. The Union financially supports training in the fishing sector, namely through the European Fisheries Fund and the European Maritime and Fisheries Fund.

               (7)

               Chapter I, Regulation 7 of the Annex to the Convention falls within the exclusive competence of the Union as regards the rules of the Union on the recognition of professional qualifications held by certain categories of fishing vessel personnel and affects the Treaty provisions and secondary Union law, in particular Directive 2005/36/EC of the European Parliament and of the Council (2), in so far as Union citizens who possess relevant certificates issued by a Member State or by a third country are concerned.

               (8)

               The Union cannot become party to the Convention, as only states can be parties thereto.

               (9)

               Some Member States have not yet become party to the Convention, while others already have. Those Member States which have fishing vessels flying their flag, ports receiving seagoing fishing vessels which fall within the scope of the Convention, or training institutions for fishing vessel personnel, and which have not yet become party to the Convention, are invited to do so.

               (10)

               Until all Member States which have fishing vessels flying their flag, ports receiving seagoing fishing vessels which fall within the scope of the Convention, or training institutions for fishing vessel personnel have become party to the Convention, each Member State party to the Convention should apply the flexibility provided by the Convention to ensure legal compatibility with Union law, notably the provisions of Chapter I, Regulation 10 of the Annex to the Convention on equivalents, to align the application of the Convention with Directive 2005/36/EC.

               (11)

               While recognising the professional qualifications — in accordance with Directive 2005/36/EC — of migrant workers from Member States not party to the Convention, each Member State party to the Convention should ensure that the professional qualifications of the workers concerned have been assessed and have been found to correspond to the minimum standards set by the Convention.

               (12)

               In accordance with Article 2(1) of the Treaty on the Functioning of the European Union, the Council should therefore authorise the Member States to become party to the Convention, in the interest of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Member States are hereby authorised to become party to the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, of the International Maritime Organization, adopted on 7 July 1995, in respect of those parts falling under the competence of the Union.
   Member States, when reporting to the Secretary-General of the IMO in accordance with Article 4 of the Convention, shall, if appropriate, with reference to Chapter I, Regulation 10 of the Annex to the Convention, provide information on relevant national provisions regarding the recognition of certificates of competency of personnel on board fishing vessels covered by the Convention, taking into account obligations laid down by relevant Union law on the recognition of qualifications.
   Article 2
   Member States which have fishing vessels flying their flag, ports receiving seagoing fishing vessels which fall within the scope of the Convention, or training institutions for fishing vessel personnel, and which have not yet become party to the Convention, shall endeavour to take the necessary steps to deposit their instrument of accession to the Convention with the Secretary-General of the IMO within a reasonable time and, if possible, by 23 May 2017. The Commission shall present a report to the Council reviewing the progress of accession by 23 May 2018.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 18 May 2015.

            For the Council

            The President

         M. SEILE

      (1)  Not yet published in the Official Journal.

      (2)  Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).


Avis juridique important

|

31996D0379

96/379/EC: European Parliament Decision of 17 April 1996 giving discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1994 financial year

Official Journal L 148 , 21/06/1996 P. 0054 - 0055

EUROPEAN PARLIAMENT DECISION of 17 April 1996 giving discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1994 financial year (96/379/EC)THE EUROPEAN PARLIAMENT,- Having regard to the EC Treaty, and in particular Article 206 thereof,- Having regard to the statement of accounts of the European Foundation for the Improvement of Living and Working conditions and the report of the Court of Auditors on this subject (C4-0565/95) (1),- Having regard to the Council recommendation of 11 March 1996 (C4-0197/96),- Having regard to the report of the Committee on Budgetary Control (A4-0082/96),1. Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions:>TABLE>2. Recommends again the appointment of a part-time financial controller for the Centre, working under the Commission's financial controller, as a means of reducing the excessive recourse to imprest accounts; suggests that this reform be introduced across the board as part of a general review of the financial regulations applying to all the external agencies of the European Union;3. Calls on the Management Board of the Foundation to respect the terms of the its financial regulation in respect of transfers of appropriations;4. Asks the Foundation to review its policy on holding large cash balances, and in future to draw down its subsidy from the Commission in a manner more closely related to its actual need to carry out expenditure;5. Continues to consider it essential to avoid overlap between the activities of the Foundation and those of the Commission and other Community bodies with closely related mandates; notes the Commission's willingness to report to the European Parliament on the integration and organization of Union activities in the fields concerned, and to present proposals, as appropriate, aimed at ensuring greater complementarity and cost-effectiveness; again asks it therefore to do so;6. Looks forward to the definitive resolution of the long-standing difficulties relating to the ownership of the land occupied by the Foundation; asks the Foundation to inform the European Parliament as soon as the legal formalities for the acquisition of the leasehold of the land have been completed;7. Gives discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1994 financial year, on the basis of the report of the Court of Auditors;8. Instructs its President to forward this decision to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Communities (L series).The Secretary-GeneralEnrico VINCIThe PresidentKlaus HÄNSCH(1) OJ No C 354, 30. 12. 1995, p. 8.


title: Council Decision (EU) 2016/630 of 11 April 2016 on the position to be taken on behalf of the European Union within the Joint Readmission Committee set up under the Agreement between the European Community and the Russian Federation on readmission, concerning a recommendation with regard to readmission applications requiring the arrangement of interviews

text:
               26.4.2016

               EN

               Official Journal of the European Union

               L 110/1

         COUNCIL DECISION (EU) 2016/630
   of 11 April 2016
   on the position to be taken on behalf of the European Union within the Joint Readmission Committee set up under the Agreement between the European Community and the Russian Federation on readmission, concerning a recommendation with regard to readmission applications requiring the arrangement of interviews
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 79, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement between the European Community and the Russian Federation on readmission (1) of 25 May 2006 (hereinafter referred to as ‘the Readmission Agreement’) entered into force on 1 June 2007.

               (2)

               Article 19 of the Readmission Agreement sets up a Joint Readmission Committee with responsibility for the tasks specified therein.

               (3)

               Point (b) of Article 19(1) of the Readmission Agreement provides that the Joint Readmission Committee is to decide on arrangements necessary for the uniform execution of the Readmission Agreement.

               (4)

               The interview is one of the elements of the readmission procedure provided for in the Readmission Agreement. In accordance with Article 9(4) of the Readmission Agreement, the interview is to be arranged when none of the documents listed in Annexes 2 and 3 to the Readmission Agreement can be attached by the requesting party to the readmission application.

               (5)

               A first recommendation with regard to readmission applications requiring the arrangement of interviews was adopted by the Joint Readmission Committee on 2 June 2009. That recommendation should be further clarified by a second one to provide guidelines for situations in which time limits for the arrangement of interviews cannot be respected, in order to reschedule those interviews.

               (6)

               It is therefore appropriate to determine the position to be taken on behalf of the Union in the Joint Readmission Committee concerning the recommendation with regard to readmission applications requiring the arrangement of interviews.

               (7)

               The United Kingdom is bound by the Readmission Agreement and is therefore taking part in the adoption of this Decision.

               (8)

               Ireland is bound by the Readmission Agreement and is therefore taking part in the adoption of this Decision.

               (9)

               Denmark is not bound by the Readmission Agreement nor subject to its application and is therefore not taking part in the adoption of this Decision,

         HAS ADOPTED THIS DECISION:
   Sole Article
   1.   The position to be taken on behalf of the European Union within the Joint Readmission Committee set up by Article 19 of the Agreement between the European Community and the Russian Federation on readmission, regarding the adoption of the recommendation with regard to readmission applications requiring the arrangement of interviews, shall be based on the draft Joint Readmission Committee recommendation attached to this Decision.
   2.   Minor technical corrections to the draft Joint Readmission Committee recommendation may be agreed to by the representatives of the Union in the Joint Committee without further decision of the Council.

      Done at Luxembourg, 11 April 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  OJ L 129, 17.5.2007, p. 40.

      DRAFT
      RECOMMENDATION No 2 OF THE JOINT READMISSION COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON READMISSION OF 25 MAY 2006
      of …
      with regard to readmission applications requiring the arrangement of interviews
      THE COMMITTEE,
      Referring to the Agreement between the European Community and the Russian Federation on readmission of 25 May 2006 (hereinafter referred to as ‘the Readmission Agreement’) and in particular Article 19(1) thereof and Article 6(3) of the Rules of Procedure of the Joint Readmission Committee of 25 July 2007,
      Whereas:

                  (1)

                  The interview is one of the elements of the readmission procedure provided for in the Readmission Agreement and, in accordance with Article 9(4), should be arranged when none of the documents listed in Annexes 2 and 3 to the Readmission Agreement can be attached by the requesting party to the readmission application.

                  (2)

                  Recommendation No 1 of the Joint Readmission Committee with regard to readmission applications requiring the arrangement of interviews was adopted on 2 June 2009 by the Committee (hereinafter referred to as ‘Recommendation No 1’).

                  (3)

                  In accordance with point (f) of Article 20(1) of the Readmission Agreement, specific arrangements concerning time limits for the handling of readmission applications may be covered by bilateral implementing protocols,

            RECOMMENDS THE FOLLOWING:

                  1.

                  In accordance with paragraph 2 of Recommendation No 1, if time limits for the arrangement of interviews are not determined in the respective implementing protocols between the Russian Federation and the Member States of the European Union, the interview should take place within 10 calendar days from the date of receipt of the readmission application referred to in paragraph 1 of Recommendation No 1.

                  2.

                  In the event that the interview has not been arranged within the time limits referred to in paragraph 1 of this recommendation, or in the event of non-delivery of the person for the interview, the requesting state and the requested state should undertake the necessary contact and arrangements in order to organise the interview without delay.

                  3.

                  If during the time limit determined for the arrangement of the interview, the requesting state notifies the requested state about postponing the delivery of the person for the interview, the time limit referred to in paragraph 1 of this recommendation or, where applicable, the time limit provided for in the respective implementing protocol should be extended to the date mentioned in the notification.

                  4.

                  Time limits for the arrangement of interviews, taking into account the circumstances mentioned in paragraph 3 of this recommendation, should not exceed 60 calendar days from the date of receipt of the readmission application unless the particular circumstances of the case justify the arrangement of the interview after that time.

               For the Russian Federation

               For the European Union


title: DECISION OF THE ACP-EEC COUNCIL OF MINISTERS extending certain transitional measures to cover relations between the ACP States and the enlarged Community (Communication from the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (85) 638
Vol. 1985/0230
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                            C0M(85) 638 f i n a l
                        DECISION OF THE ACP-EEC COUNCIL OF MINISTERS
         e x t e n d i n g c e r t a i n t r a n s i t i o n a l measures t o c o v e r r e l a t i o n s
                  between t h e ACP S t a t e s and t h e e n l a r g e d Community
                 ( Communicat ion f r o m t h e Commission t o t h e C o u n c i l )
C0MC85) 638 f i n a l
 ---pagebreak---                                                                                <2. of/-   é 3&
            Decision                   o f t h e ACP-EEC C o u n c i l o f M i n i s t e r s
   e x t e n d i n g c e r t a i n t r a n s i t i o n a l measures t o c o v e r r e l a t i o n s
            between t h e ACP S t a t e s and t h e e n l a r g e d Community
                                        E x p l a n a t o r y memorandum
T h i s d e c i s i o n i s i n t e n d e d t o p r e v e n t t h e emergence o f a l e g a l vacuum
s h o u l d t h e t h i r d Lomé C o n v e n t i o n n o t come i n t o f o r c e on                     1 J a n u a r y 1986,
when P o r t u g a l and Spa in w i l l                   become Members o f t h e European Community.
The transitional measures applying to the ten present Member States are
embodied in Decision n° 2/85 of the ACP-EEC Council of Ministers, which
took effect on 1 March; some of the measures are due to expire on
28 February 1986, unless renewed by common accord.
The t r a n s i t i o n a l a r ra n g e m e nt s c o n s i s t o f t h e c o n t i n u a t i o n o f v a r i o u s
Lomé I I          p r o v i s i o n s , the e a r l y im p le m e n ta tio n o f c e r t a i n elements o f
 Lomé I I I ,         and a number o f s p e c i f i c measur es.                     T h e i r p ur po se i s t o
 a v o i d any b r e a k i n ACP-EEC c o o p e r a t i o n and t h e p r e p a r a t i o n s f o r Lomé I I I .
 The s i t u a t i o n on t h e Community s i d e i s t h a t P o r t u g a l and Spain a r e due
 t o t a k e o v e r t h e a c q u i s communaut ai re ( i n c l u d i n g ,                   in p rin c ip le ,
 D e c i s i o n n°       2/85) on 1 J a n u a r y , s u b j e c t , h ow ev er , t o t h e p r o v i s i o n s
 o f t h e A ct o f A c c e s s i o n .              A rtic le s   1 8 1 (2)/368(2) o f t h e A c t i n f a c t
 s t i p u l a t e t h a t Lomé I I             s h a l l not apply t o        r e l a t i o n s between
 S p a i n / P o r t u g a l and t h e ACP S t a t e s , so t h a t e x c l u d e s f r o m t h i s
  D e c i s i o n t h o s e t r a n s i t i o n a l measures wh ich r e l a t e t o t h e c o n t i n u e d
  a d m i n i s t r a t i o n o f Lomé I I           a id .    Nor can t r a n s i t i o n a l p r o v i s i o n s con
  c e r n i n g t r a d e c o o p e r a t i o n be t a k e n o v e r u n t i l t h e a d j u s t m e n t s n e c e s s a r y
  und er t h e Act o f A c c e s s i o n have been a d o p t e d , and A r t i c l e                         394(3) o f t h e
  Act o f A c c e s s i o n i n any case p r o v i d e s t h a t t h e a r r a n g e m e n t s a p p l i c a b l e
  t o t r a d e between a new Member S t a t e and t h i r d                            c o u n t r i e s s h a l l be t h o s e
  th a t applied before accession,                            so t r a d e p r o v i s i o n s must be e x c l u d e d
  f r o m t h e p r e s e n t D e c i s i o n as w e l l .
 ---pagebreak---                             - 2 -
Regarding ACP-EEC relations as such, Article 284(3) of Lomé III stipulates
that the new Convention does not apply between the ACP States and a new
Member State of the Community until the protocol of accession (to the
Convention) has entered into force.    This does not, however, preclude the
ap pl ication of transitional measures between the ACP States and the
Community provided they do not prejudice the definitive arrangements.
The measures covered by this Decision certainly do not; quite the reverse;
it is in the interests of ACP-EEC cooperation that they should be
extended to apply to the whole of the enlarged Community.
 ---pagebreak---        Decision      of the ACP-EEC Council of Ministers
  extending certain transitional measures to cover relations
       between the ACP States and the enlarged Community
The ACP-EEC Committee of Ambassadors,
Having regard to the second ACP-EEC Convention signed at Lomé on
31 October 1979, and in particular to Article 188(3) thereof,
Having regard to Decision N° 7/84 of the ACP-EEC Council of Ministers
dated 19 December 1984 de legating powers to the ACP-EEC Committee of
Ambassadors to adopt transitional measures after the expiry of the
second ACP-EEC Convention,
Whereas the Ki ngdom of Spain and the Portuguese Republic become members
of the European Communities from 1 January 1986;
Whereas the third ACP-EEC Convention signed at Lomé on 8 December 1984
has not yet entered into force; whereas accordingly the accession
protocols provided for in Article 288 of the said Convention cannot
take effect;
Whereas Decision N° 2/85 of the ACP-EEC Council dated 22 February 1985
 laid down transitional measures to apply from 1 March 1985 pending the
entry into force of the new Convention;
Whereas the transitional measures concerning the adminis tr ati on of
Community financial assistance under the second ACP-EEC Convention
do not apply to Spain and Portugal and those relating to trade
cooperation cannot yet be applied to them,
 ---pagebreak---                                  - 2-
has decided as follows :
                             Article 1
Decision N° 2/85 of the ACP-EEC Council of Ministers on transitional
measures valid from 1 March 1985 shall apply to relations between the
ACP States and the enlarged     Community, with exception of :
      - Article 1 (1) (a), (b), (c) and (g) and Article 1 (2)
      - Article 2
      - Article 4
      - Article 8
      - Article 9
                             Article 2
This de ci sio n shall enter into force on 1 January 1986 provided that
the Treaty concerning the accession of the Ki ngdom of Spain and the
Portuguese Republic to the European Communities enters into force
on that date.


title: Council Decision (EU) 2016/845 of 23 May 2016 on the position to be adopted on behalf of the European Union within the Joint Committee established by the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part, in relation to the adoption of the rules of procedure of the Joint Committee, and the establishment of specialised working groups and the adoption of their terms of reference

text:
               28.5.2016

               EN

               Official Journal of the European Union

               L 141/66

         COUNCIL DECISION (EU) 2016/845
   of 23 May 2016
   on the position to be adopted on behalf of the European Union within the Joint Committee established by the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part, in relation to the adoption of the rules of procedure of the Joint Committee, and the establishment of specialised working groups and the adoption of their terms of reference
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 212 in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part (1) (the ‘Agreement’) entered into force on 1 June 2014.

               (2)

               In order to contribute to the effective implementation of the Agreement, its institutional framework should be completed as soon as possible through the adoption by the Joint Committee of its own rules of procedure.

               (3)

               In accordance with Article 44 of the Agreement, a Joint Committee was established, in order to ensure, inter alia, the proper functioning and implementation of the Agreement (the ‘Joint Committee’).

               (4)

               In order to contribute to the effective implementation of the Agreement, the rules of procedure of the Joint Committee should be adopted.

               (5)

               In order to allow for expert level discussions on the key areas falling within the scope of the Agreement, specialised working groups may be established.

               (6)

               Therefore, the position of the Union within the Joint Committee as regards the adoption of the rules of procedure of the Joint Committee and the establishment of specialised working groups should be based on the attached draft decisions of the Joint Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on behalf of the European Union within the Joint Committee set up under Article 44 of the Agreement in relation to:

               (a)

               the adoption of the rules of procedure of the Joint Committee; and

               (b)

               the establishment of specialised working groups and the adoption of their terms of reference;

         shall be based on the draft decisions of the Joint Committee attached to this Decision.
   2.   Minor changes to the draft decisions may be agreed to by the representatives of the Union in the Joint Committee without further decision of the Council.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 May 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2014/278/EU of 12 May 2014 on the conclusion of the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part, with the exception of matters related to readmission (OJ L 145, 16.5.2014, p. 1).

      DRAFT
      DECISION No 1/2016 OF THE EU-REPUBLIC OF KOREA JOINT COMMITTEE
      of …
      adopting its rules of procedure
      THE EU-REPUBLIC OF KOREA JOINT COMMITTEE,
      Having regard to the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part (the ‘Agreement’), and in particular Article 44 thereof,
      Whereas:

                  (1)

                  The Agreement entered into force on 1 June 2014.

                  (2)

                  In order to contribute to the effective implementation of the Agreement, the rules of procedure of the Joint Committee should be adopted,

            HAS ADOPTED THIS DECISION:
      Sole Article
      The rules of procedure of the Joint Committee, as set out in the Annex to this Decision, are hereby adopted.

         Done at …,

               For the EU-Republic of Korea Joint Committee

               The Chair

         ANNEX

            RULES OF PROCEDURE OF THE JOINT COMMITTEE

         Article 1
         Composition and Chair
         1.   The Joint Committee, established in accordance with Article 44 of the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part (the ‘Agreement’), shall perform its tasks as provided for in Article 44 of the Agreement.
         2.   The Joint Committee shall be composed of representatives of both Parties at the appropriate level.
         3.   The Joint Committee shall be chaired alternately by each of the Parties, for a period of one calendar year. The High Representative of the Union for Foreign Affairs and Security Policy or the Minister of Foreign Affairs of the Republic of Korea shall chair the Joint Committee. The Chair can delegate her or his authority.
         4.   The first period shall begin on the date of the first Joint Committee meeting and end on 31 December of the same year.
         Article 2
         Meetings
         1.   The Joint Committee shall normally meet once every year. The meetings of the Joint Committee shall be convened by the Chair and shall be held alternately in Brussels and Seoul, on a date fixed by mutual agreement. Extraordinary meetings of the Joint Committee may be held at the request of either Party, if the Parties so agree.
         2.   The Joint Committee shall normally meet at the level of senior official, unless otherwise agreed by the Parties.
         Article 3
         Publicity
         Unless otherwise decided, meetings of the Joint Committee shall not be public.
         Article 4
         Participants
         1.   Before each meeting, the Chair shall be informed, through the Secretariat, of the intended composition of the delegation of each Party.
         2.   Where appropriate and by mutual agreement between the Parties, experts or representatives of other bodies may be invited to attend the meetings of the Joint Committee as observers or in order to provide information on a particular subject.
         Article 5
         Secretariat
         A representative of the European External Action Service and a representative of the Ministry of Foreign Affairs of the Republic of Korea shall act jointly as Secretaries of the Joint Committee. All communications to and from the Chair of the Joint Committee shall be forwarded to the Secretaries. Correspondence to and from the Chair of the Joint Committee may be by any written means, including electronic mail.
         Article 6
         Agendas for meetings
         1.   The Chair shall draw up a provisional agenda for each meeting. The provisional agenda shall be forwarded, together with the relevant documents, to the other Party no later than 15 days before the start of the meeting.
         2.   The provisional agenda shall include items submitted to the Chair no later than 21 days before the beginning of the meeting.
         3.   The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those on the provisional agenda may be placed on the agenda if the two Parties so agree.
         4.   The Chair may, in agreement with the two Parties, shorten the time limits referred to in paragraph 1 in order to take account of the requirements of a particular case.
         Article 7
         Minutes
         1.   Draft minutes of each meeting shall be drawn up jointly by the two Secretaries, normally within 30 calendar days from the date of the meeting. The draft minutes shall be based on a summing up by the Chair of the conclusions arrived at by the Joint Committee.
         2.   The minutes shall be approved by both Parties within 45 calendar days of the date of the meeting or by any date agreed by the Parties. Once there is agreement on the draft minutes, two original copies shall be signed by the Chair and by the Secretaries. Each Party shall receive one original copy.
         Article 8
         Deliberations
         1.   When the Joint Committee adopts decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively, followed by a serial number, the date of their adoption and a description of the subject matter. Each decision shall state the date of its entry into force. Decisions and recommendations of the Joint Committee shall be made by mutual agreement of the Parties.
         2.   The Joint Committee may take decisions or make recommendations by written procedure if both Parties so agree. By mutual agreement of the Parties, a deadline may be foreseen for the completion of the written procedure, at the end of which the Chair of the Joint Committee may declare, unless any of the Parties communicates the contrary, that a mutual agreement of the Parties has been reached.
         3.   Decisions and recommendations adopted by the Joint Committee shall be authenticated by two original copies signed by the Chair of the Joint Committee.
         4.   Each Party may decide on the publication of the decisions and recommendations of the Joint Committee in its respective official publication.
         Article 9
         Correspondence
         1.   Correspondence addressed to the Joint Committee shall be directed to one of the Secretaries, who will in turn inform the other Secretary.
         2.   The Secretariat shall ensure that correspondence addressed to the Joint Committee is forwarded to the Chair and circulated, where appropriate, as documents referred to in Article 10 of these rules of procedure.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat and circulated, where appropriate, as documents referred to in Article 10 of these rules of procedure.
         Article 10
         Documents
         1.   Where the deliberations of the Joint Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat to the Members.
         2.   Each Secretary shall be responsible for circulating the documents to the appropriate Members of her or his side in the Joint Committee and systematically copying the other Secretary.
         Article 11
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Joint Committee with regard to staff, travel, and subsistence expenditure as well as postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         Article 12
         Amendment of rules of procedure
         These rules of procedure may be amended by mutual agreement of the Parties, in accordance with Article 8.
         Article 13
         Specialised working groups
         1.   The Joint Committee may decide to set up further specialised working groups to assist it in carrying out its duties.
         2.   The Joint Committee may decide to abolish any existing specialised working group, to define or amend its terms of reference or to set up further specialised working groups.
         3.   The specialised working groups shall report to the Joint Committee after each of their meetings.
         4.   The specialised working groups shall not have any decision-making power but may submit recommendations to the Joint Committee.

      DRAFT
      DECISION No 2/2016 OF THE EU-REPUBLIC OF KOREA JOINT COMMITTEE
      of …
      on the establishment of specialised working groups and the adoption of their terms of reference
      THE EU-REPUBLIC OF KOREA JOINT COMMITTEE,
      Having regard to the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part (‘the Agreement’), and in particular Articles 44 thereof, and to Article 13 of the rules of procedure of the Joint Committee,
      Whereas:

                  (1)

                  In order to allow for expert level discussions on the key areas falling within the scope of the Agreement, specialised working groups should be established. Upon further agreement of the Parties both the list of specialised working groups and the scope of the individual specialised working groups can be modified.

                  (2)

                  Pursuant to Article 13 of the rules of procedure of the Joint Committee, the Joint Committee may set up specialised working groups in order to assist it in the performance of its tasks,

            HAS ADOPTED THIS DECISION:
      Sole Article
      The specialised working groups listed in Annex I to this Decision are hereby established. The terms of reference of the specialised working groups shall be as set out in Annex II to this Decision.

         Done at …,

               For the EU-Republic of Korea Joint Committee

               The Chair

         ANNEX I

            EU-REPUBLIC OF KOREA JOINT COMMITTEE SPECIALISED WORKING GROUPS

                     (1)

                     Specialised working group on energy, environment, climate change.

                     (2)

                     Specialised working group on counter-terrorism.

         ANNEX II

            TERMS OF REFERENCE OF SPECIALISED WORKING GROUPS ESTABLISHED UNDER THE FRAMEWORK AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, ON THE ONE PART, AND THE REPUBLIC OF KOREA, ON THE OTHER PART

         Article 1
         1.   At its meetings, each specialised working group may deal with the implementation of the Agreement in the areas it covers.
         2.   The specialised working groups may also discuss subjects or specific projects related to the relevant area of bilateral cooperation.
         3.   Individual cases may also be raised when either Party requires.
         Article 2
         The specialised working groups shall work under the authority of the Joint Committee. They shall report and transmit their minutes and conclusions to the Chair of the Joint Committee within 30 calendar days after each meeting.
         Article 3
         The specialised working groups shall be composed of representatives of the Parties.
         Upon agreement of the Parties, the specialised working groups may invite experts to their meetings and may hear from them regarding specific points on the agenda, as appropriate.
         Article 4
         The specialised working groups shall be chaired by the Parties alternately, according to the rules of procedure of the Joint Committee.
         Article 5
         A representative of the European External Action Service and a representative of the Ministry of Foreign Affairs of the Republic of Korea shall act jointly as Secretaries of the specialised working groups. All communications concerning the specific specialised working groups shall be forwarded to the two Secretaries.
         Article 6
         1.   The specialised working groups shall meet whenever circumstances require upon agreement of the Parties, on the basis of a written request from either Party. Each meeting shall be held at a place and date agreed by the Parties.
         2.   Upon receipt of a request by one of the Parties for a meeting of a specialised working group, the Secretary of the other Party shall reply within 15 working days.
         3.   In cases of particular urgency, specialised working groups meetings may be convened at shorter notice, subject to the agreement of both Parties.
         4.   Before each meeting, the Chair shall be informed of the intended composition of the delegation of both Parties.
         5.   Meetings of the specialised working groups are convened jointly by the two Secretaries.
         Article 7
         Items for inclusion on the agenda shall be submitted to the Secretaries at least 15 working days prior to the date of the specialised working group meeting in question. Any supporting documentation shall be provided to the Secretaries at least 10 working days before the meeting. The Secretaries will communicate the draft agenda no later than 5 working days before the meeting. The agenda shall be finalised upon the agreement of both Parties. In exceptional circumstances, upon agreement of the Parties, items may be added to the agenda at short notice.
         Article 8
         Minutes shall be taken for each meeting.
         Unless otherwise decided, specialised working groups' meetings shall not be public.