title: 2006/245/EC: Council Decision of  27 February 2006  on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union

text:
               28.3.2006

               EN

               Official Journal of the European Union

               L 89/28

         COUNCIL DECISION
   of 27 February 2006
   on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union
   (2006/245/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
   Having regard to the Act of Accession annexed to the Treaty of Accession of 2003, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)

               Following the authorisation given to the Commission on 5 May 2003, negotiations with the Swiss Confederation for a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union have been concluded.

               (2)

               According to Council Decision of 26 October 2004, and pending its conclusion at a later date, this Protocol was signed on behalf of the European Community and its Member States on 26 October 2004.

               (3)

               The Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union, is hereby approved on behalf of the European Community and its Member States.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Community and its Member States, give the notification provided for in Article 6 of the Protocol (2).

      Done at Brussels, 27 February 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  Not yet published in the Official Journal.

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

               28.3.2006

               EN

               Official Journal of the European Union

               L 89/30

         PROTOCOL
   to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic pursuant to their accession to the European Union
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as ‘the Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY, also represented by the Council of the European Union,
   of the one part, and
   THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
   of the other part,
   hereinafter referred to as ‘the Contracting Parties’,
   HAVING REGARD TO the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (hereinafter referred to as ‘the Agreement’), which entered into force on 1 June 2002;
   HAVING REGARD TO the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (hereinafter referred to as ‘the new Member States’) to the European Union on 1 May 2004;
   WHEREAS the new Member States are to become Contracting Parties to the Agreement;
   CONSIDERING that the Act of Accession grants to the Council of the European Union the power to conclude on behalf of the Member States of the European Union a protocol on the accession of the new Member States to the Agreement,
   HAVE AGREED AS FOLLOWS:
   Article 1
   1.   The new Member States hereby become Contracting Parties to the Agreement.
   2.   From the entry into force of this Protocol, the provisions of the Agreement shall be binding on the new Member States as on the present Contracting Parties of the Agreement under the terms and conditions laid down in this Protocol.
   Article 2
   In the main body of the Agreement and in Annex I thereto the following adaptations shall be made:

               (a)

               The list of Contracting Parties to the Agreement shall be replaced by the following:
               ‘The European Community,
               the Kingdom of Belgium,
               the Czech Republic,
               the Kingdom of Denmark,
               the Federal Republic of Germany,
               the Republic of Estonia,
               the Hellenic Republic,
               the Kingdom of Spain,
               the French Republic,
               Ireland,
               the Italian Republic,
               the Republic of Cyprus,
               the Republic of Latvia,
               the Republic of Lithuania,
               the Grand Duchy of Luxembourg,
               the Republic of Hungary,
               the Republic of Malta,
               the Kingdom of the Netherlands,
               the Republic of Austria,
               the Republic of Poland,
               the Portuguese Republic,
               the Republic of Slovenia,
               the Slovak Republic,
               the Republic of Finland,
               the Kingdom of Sweden,
               the United Kingdom of Great Britain and Northern Ireland,
               of the one part, and
               the Swiss Confederation,
               of the other part,’.

               (b)

               In Article 10 of the Agreement, the following paragraphs shall be inserted:
               ‘1a.   Switzerland may maintain until 31 May 2007 quantitative limits in respect of access by workers employed in Switzerland and for self-employed persons who are nationals of the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic for the following two categories of residence: residence for a period of more than four months and less than one year and residence for a period equal to, or exceeding, one year. There shall be no quantitative restriction on residence for less than four months.
               Before the end of the transitional period mentioned above, the Joint Committee shall review the functioning of the transitional period applied to nationals of the new Member States on the basis of a report from Switzerland. Upon completion of the review, and no later than at the end of the period mentioned above, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures until 31 May 2009. In the absence of such notification, the transitional period shall expire on 31 May 2007.
               At the end of the transitional period defined in this paragraph, all quantitative limits applicable to nationals of the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic shall be abolished. These Member States are entitled to introduce the same quantitative limitations for Swiss nationals for the same periods.’
               ‘2a.   Switzerland and the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, may maintain, until 31 May 2007, for workers of one of these Contracting Parties employed in their own territory the controls on the priority of workers integrated into the regular labour market and wage and working conditions applicable to nationals of the Contracting Party concerned. The same controls may be maintained for persons providing services in the following four sectors: Horticultural service activities; Construction, including related branches; Security activities; Industrial cleaning (NACE (1) codes 01.41; 45.1 to 4; 74.60; 74.70 respectively), referred to in Article 5(1) of the Agreement. Switzerland, shall, during the transitional periods mentioned in paragraphs 1a, 2a, 3a and 4a, give preference to workers who are nationals of the new Member States over workers who are nationals of non-EU and non-EFTA countries as regards access to its labour market. The controls on the priority of workers integrated into the regular labour market shall not apply to providers of services liberalised by a specific agreement between the Contracting Parties concerning the provision of services (including the Agreement on certain aspects of government procurement insofar as it covers the provision of services). For the same period, qualification requirements may be maintained for residence permits of less than four months (2) and to persons providing services in the four sectors mentioned above, referred to in Article 5(1) of the Agreement.
               Before 31 May 2007, the Joint Committee shall review the functioning of the transitional measures contained in this paragraph on the basis of a report prepared by each of the Contracting Parties implementing them. Upon completion of the review, and no later than 31 May 2007, the Contracting Party which has implemented the transitional measures contained in this paragraph, and has notified the Joint Committee of its intention to continue applying such transitional measures, may continue to do so until 31 May 2009. In the absence of such notification, the transitional period will expire 31 May 2007.
               At the end of the transitional period defined in this paragraph, all restrictions referred to above in this paragraph shall be abolished.
               ‘3a.   Upon entry into force of the Protocol to this Agreement regarding the participation, as contracting parties, of the new Member States mentioned below and until the end of the period described in paragraph 1a, Switzerland shall reserve on an yearly basis (pro rata temporis), within its overall quota for third countries, for workers employed in Switzerland and for self-employed persons who are nationals of the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic a minimum number of new residence permits (3) according to the following schedule:

                           Until

                           Number of permits for a period equal to or exceeding one year

                           Number of permits for a period of more than four months and less than one year

                           31 May 2005

                           900

                           9 000

                           31 May 2006

                           1 300

                           12 400

                           31 May 2007

                           1 700

                           15 800

                           31 May 2008

                           2 200

                           19 200

                           31 May 2009

                           2 600

                           22 600

                     ‘4a.   At the end of the period described in paragraph 1a and in this paragraph and up to 12 years after entry into force of the Agreement, the provisions of Article 10(4) of the Agreement shall apply.
               In case of serious disturbances of its labour market or threat thereof, Switzerland and any of the new Member States which has implemented transitional measures, shall notify such circumstances to the Joint Committee by 31 May 2009. In this case, the notifying country may continue to apply to workers employed on its own territory, the measures described in paragraphs 1a, 2a and 3a until 30 April 2011. In such a case, the annual number of residence permits referred to in paragraph 1a shall be:

                           Until

                           Number of permits for a period equal to or exceeding one year

                           Number of permits for a period of more than four months and less than one year

                           31 May 2010

                           2 800

                           26 000

                           30 April 2011

                           3 000

                           29 000

                     4b.   When Malta undergoes or foresees disturbances on its labour market which could seriously threaten the standard of living or level of employment in a given region or occupation, and decides to invoke the provisions contained in Section 2 “Freedom of Movement for Persons” of Annex XI to the Act of Accession, the restrictive measures taken by Malta towards the rest of EU Member States could also be applied to Switzerland. In such a case, Switzerland shall be entitled to take equivalent reciprocal measures towards Malta.
               Malta and Switzerland may resort to this procedure until 30 April 2011.’
               ‘5a.   The transitional provisions of paragraphs 1a, 2a, 3a, 4a and 4b, and in particular those of paragraph 2a concerning the priority of workers integrated into the regular labour market and controls on wage and working conditions, shall not apply to employed and self-employed persons who, at the time of the entry into force of the Protocol to this Agreement regarding the participation, as contracting parties, of the new Member States mentioned in the said paragraphs, are authorised to pursue an economic activity on the territory of the Contracting Parties. Such persons shall in particular enjoy occupational and geographical mobility.
               The holders of residence permits valid for less than one year shall be entitled to have their permits renewed; the exhaustion of quantitative limits may not be invoked against them. The holders of residence permits valid for a period equal to, or exceeding, one year shall automatically be entitled to have their permits extended. Such employed and self-employed persons shall therefore enjoy the rights to free movement accorded to established persons in the basic provisions of this Agreement, and in particular Article 7 thereof, from its entry into force.’

               (c)

               In Article 27(2) of Annex I to the Agreement, the reference to Article 10(2) shall be replaced by Article 10(2, 2a, 4a and 4b).

         Article 3
   By derogation from Article 25 of Annex I to the Agreement, the transitional periods of Annex I to this Protocol shall apply.
   Article 4
   This Protocol shall form an integral part of the Agreement.
   Article 5
   Annexes I, II and III to the Agreement shall be modified in accordance with Annexes I, II and III to this Protocol that shall form an integral part of this Protocol.
   Article 6
   1.   This Protocol shall be ratified or approved by the Council of the European Union, on behalf of the Member States and the European Community, and by the Swiss Confederation in accordance with their own procedures.
   2.   The Council of the European Union and the Swiss Confederation shall notify each other of the accomplishment of these procedures.
   Article 7
   This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.
   Article 8
   This Protocol shall remain in force for the same duration and according to the same modalities as the Agreement.
   Article 9
   1.   This Protocol, as well as the Declarations annexed thereto, shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
   2.   The Maltese language version of this Protocol 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.
   3.   The Agreement, as well as the Declarations annexed thereto, drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages shall be authenticated by the Contracting Parties on the basis of an Exchange of Letters. These language versions shall also be equally authentic.

      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.
      'Εγινε 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, dnia dwudziestego szóstego października roku dwa tysiące 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 los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu Państw Członkowskich
         Pelos Estados-Membros
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

         Por Ia Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         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

      (1)  NACE: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1), as last amended by Commission Regulation (EC) 29/2002 of 19 December 2001 (OJ L 6, 10.1.2002, p. 3).

      (2)  Workers may apply for short-term residence permits under the quotas mentioned in paragraph 3a even for a period of less than four months.’

      (3)  These permits will be granted in addition to the quota mentioned in Article 10 of the Agreement which are reserved for employed and self-employed persons who are nationals of the Member States at the time of signature of the Agreement (21 June 1999) or nationals of the Republic of Cyprus or the Republic of Malta. These permits are also in addition to permits granted through existing bilateral trainee exchange agreements.’
   ANNEX I
   TRANSITIONAL MEASURES ON THE PURCHASE OF LAND AND SECONDARY RESIDENCE
   1.   The Czech Republic

               (a)

               The Czech Republic may maintain in force for five years from the date of its accession to the EU the rules laid down in the Foreign Exchange Act No 219/1995 Sb., as amended, on the acquisition of secondary residences by Swiss nationals non-resident in the Czech Republic and by companies formed in accordance with the laws of Switzerland and being neither established nor having a branch or a representative agency in the territory of the Czech Republic.

               (b)

               The Czech Republic may maintain in force for seven years from the date of accession to the EU the rules laid down in the Foreign Exchange Act No 219/1995 Sb., as amended, Act No 229/1991 Sb., on the arrangement of ownership relations towards land and other agricultural property, and the Act No 95/1999 Sb., on conditions relating to the transfer of agricultural land and forests from the state ownership to ownership of other entities regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the laws of Switzerland which are neither established nor registered in the Czech Republic. Without prejudice to another provision of this point 1, a Swiss national may in no instance be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of the Protocol or be treated in a more restrictive way than a national of a third country.

               (c)

               Self-employed farmers who are Swiss nationals and who wish to establish themselves and reside in the Czech Republic shall not be subject to the provisions of (b) or to any procedures other than those to which nationals of the Czech Republic are subject.

               (d)

               A general review of these transitional measures shall be held in the third year following the date of accession of the Czech Republic to the EU. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).

               (e)

               Should the Czech Republic introduce conditions for the acquisition of real estate in the Czech Republic by non-residents during the transitional period, they shall be based on transparent, objective, stable and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between nationals of Czech Republic and Swiss nationals.

               (f)

               If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of the Czech Republic, the Joint Committee, at the request of the Czech Republic, shall decide upon the extension of the transitional period for up to a maximum of three years.

         2.   Estonia

               (a)

               Estonia may maintain in force for seven years from the date of its accession to the EU, its legislation existing at the time of signature of this Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the laws of Switzerland and being neither established nor registered nor having a local branch or agency in Estonia. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country. According to this legislation, Estonia has adopted the Act on Restrictions on Acquisition of Immovable Property and the Amendments to the Land Reform Act, both from 12 February 2003.

               (b)

               Swiss nationals who wish to establish themselves as self-employed farmers and reside in Estonia, and who have been legally resident and active in farming in Estonia for at least three years continuously, shall not be subject to the provisions of (a) or to any procedures other than those to which nationals of Estonia are subject.

               (c)

               A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission of the European Communities (hereinafter referred to as ‘the Commission’) shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).

               (d)

               If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Estonia, the Joint Committee, at the request of Estonia, shall decide upon the extension of the transitional period for up to a maximum of three years.

         3.   Cyprus
   Cyprus may maintain for five years from the date of its accession to the EU, its legislation as in force on 31 December 2000 regarding the acquisition of residences for secondary use.
   According to the Acquisition of Real Estate (Aliens) Cap 109 and the Amending Laws 52/69, 55/72 and 50/90, the acquisition of real estate in Cyprus by non-Cypriots is subject to the approval by the Council of Ministers. The Council of Ministers has authorised the District Officers to grant approval on its behalf. When the real estate concerned exceeds 2 donums (1 donum = 1 338 m2), approval may be granted only for the following purposes:

               (a)

               primary or secondary residence not exceeding an area of 3 donums,

               (b)

               professional or commercial premises,

               (c)

               industry in sectors deemed beneficial for the Cypriot economy.

         The above law has been amended by the ‘Acquisition of Real Estate (Aliens) (Amendment) Law of 2003, No 54(I)/2003’. The new Law imposes no restrictions on EU nationals and EU registered companies for the acquisition of real estate linked to primary residence and foreign direct investment or the acquisition of real estate by EU real estate agents and land developers. Regarding the acquisition of residence for secondary use, the Law provides that for a period of five years, following Cyprus's accession to EU, EU nationals not permanently residing in Cyprus and EU registered companies not having their registered office, central administration or principal place of business in Cyprus, may not acquire real estate for the purpose of using it as secondary residence, without prior authorisation by the Council of Ministers, which has delegated its authority to the District Officers, as mentioned above.
   4.   Latvia

               (a)

               Latvia may maintain in force for seven years from the date of accession the rules laid down in Law on Amendments to the Law on Privatisation of Land in Rural (in force since 14 April 2003) regarding the acquisition of agricultural land and forests by Swiss nationals and companies formed in accordance with the laws of Switzerland and being neither established nor registered nor having a local branch or agency in Latvia. In no instance may a national of Switzerland be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country.

               (b)

               A general review of these transitional measures shall be held before the end of the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).

               (c)

               If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Latvia, the Joint Committee, at the request of Latvia, shall decide upon the extension of the transitional period for up to a maximum of three years.

         5.   Lithuania

               (a)

               Lithuania may maintain in force for seven years from the date of its accession to the EU, its legislation existing at the time of signature of this Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the Swiss laws and being neither established nor registered nor having a local branch or agency in Lithuania. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country. According to this legislation, Swiss nationals and legal persons, as well as organisations set up in Switzerland without the status of a legal person, but with the civil capacity laid down in the Swiss laws, may not acquire agricultural land and forestry land before the end of the 7-year transitional period defined in the Treaty of Accession of the Republic of Lithuania to the European Union.

               (b)

               Swiss nationals who wish to establish themselves as self-employed farmers and reside in Lithuania, and who have been legally resident and active in farming in Lithuania for at least three years continuously, shall not be subject to the provisions of (a) or to any procedures other than those to which nationals of Lithuania are subject.

               (c)

               A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).

               (d)

               If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Lithuania, the Joint Committee, at the request of Lithuania, shall decide upon the extension of the transitional period for up to a maximum of three years.

         6.   Hungary

               (a)

               Hungary may maintain in force for five years from the date of its accession to the EU, its legislation contained in Act LV of 1994 on Agricultural Land as amended regarding the acquisition of secondary residences.

               (b)

               Swiss nationals who have been legally resident in Hungary at least for four years continuously shall not be subject to the provisions of (a) or to any rules and procedures other than those to which nationals of Hungary are subject. During the transitional period Hungary shall apply authorisation procedures for the acquisition of secondary residences based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between Swiss nationals residing in Hungary.

               (c)

               Hungary may maintain in force for seven years from the date of its accession to the EU, the prohibitions contained in Act LV of 1994 on Agricultural Land as amended on the acquisition of agricultural land by natural persons who are non-residents or non nationals of Hungary and by legal persons.

               (d)

               Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and active in farming in Hungary at least for three years continuously, shall not be subject to the provisions of (c) or to any rules and procedures other than those to which nationals of Hungary are subject.

               (e)

               A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (c).

               (f)

               Should Hungary apply authorisation procedures for the acquisition of agricultural land during the transitional period, they shall be based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discriminatory manner.

               (g)

               If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Hungary, the Joint Committee, at the request of Hungary, shall decide upon the extension of the transitional period for up to a maximum of three years.

         7.   Malta
   Purchase of property in the Maltese islands is regulated by the Immovable Property (Acquisition by Non-Residents) Act (Cap. 246 of the Laws of Malta). This Act provides that:

               (a)

                           (1)

                           A Swiss national may purchase immovable property in Malta to be used by such person as a residence (not necessarily a primary residence) provided such person does not already own another residence in Malta. Such purchases do not require the person to have a right of residence in Malta although they are subject to a permit which (with a limited number of exceptions specified in the legislation) may not be withheld if the value of the property is higher than an amount determined annually by an index (currently Lm 30 000 for an apartment and Lm 50 000 for a house).

                           (2)

                           Swiss nationals may also set up their primary residence in Malta at any time in accordance with the relevant national legislation. Leaving Malta shall not entail any obligation to dispose of any property acquired as a primary residence.

               (b)

               Swiss nationals who purchase properties in special designated areas established by the Act (usually areas forming part of urban regeneration projects) do not require a permit for such purchases, neither are they limited in the number, use or value of such properties that they may purchase.

         8.   Poland

               (a)

               Poland may maintain in force for five years from the date of its accession to the EU, its legislation existing at the time of signature of this Protocol regarding the acquisition of secondary residences. According to this legislation, a Swiss national will have to comply with the requirements laid down in the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners (Dz.U. 1996, Nr 54, poz. 245 with amendments), as amended.

               (b)

               Swiss nationals who have been legally resident in Poland for four years continuously shall not, as regards the acquisition of secondary residences, be subject to the provisions of (c) or to any procedures other than those to which nationals of Poland are subject.

               (c)

               Poland may maintain in force for twelve years from the date of its accession to the EU, its legislation regarding the acquisition of agricultural land and forests. In no instance may Swiss nationals or legal persons formed in accordance with the Swiss laws be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol. According to this legislation, a Swiss national will have to comply with the requirements laid down in the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners (Dz.U. 1996, Nr 54, poz. 245 with amendments), as amended.

               (d)

               Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and leasing land in Poland as a natural or legal person for at least three years continuously, shall not be subject to the provisions of (c) or to any procedures other than those to which nationals of Poland are subject as regards the purchase of agricultural land and forests from the date of accession. In the Warmińsko-Mazurskie, Pomorskie, Kujawsko-Pomorskie, Zachodniopomorskie, Lubuskie, Dolnośląkie, Opolskie and Wielkopolskie voivodships, the residence and leasing period indicated in the preceding sentence shall extend to seven years. The lease period preceding the purchase of land shall be calculated individually for each Swiss national who has been leasing land in Poland from the certified date of the original lease agreement. Self-employed farmers who have been leasing land not as natural but as legal persons can transfer the rights of the legal person under the lease agreement to themselves as natural persons. For calculating the lease period preceding the right to purchase, the lease period of the contracts as legal persons shall be counted. Lease agreements by natural persons can be provided with a certified date retroactively and the entire lease period of the certified contracts will be counted. There shall be no deadlines for self-employed farmers to transform their current lease contracts into contracts as natural persons or into written contracts with a certified date. The procedure to transform lease contracts shall be transparent and shall under no circumstances form a new obstacle.

               (e)

               A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).

               (f)

               During the transitional period, Poland shall apply an authorisation procedure laid down by law which will ensure that the grant of authorisations for the acquisition of real estate in Poland is based on transparent, objective, stable and public criteria. These criteria shall be applied in a non-discriminatory manner.

         9.   Slovenia

               (a)

               If, until the end of a period of up to a maximum of seven years after the date of Slovenia's accession to the EU, difficulties arise which are serious and liable to persist in real estate market or which could bring about serious deterioration in real estate market of a given area, Slovenia may apply for authorisation to take protective measures in order to rectify the situation in the real estate market.

               (b)

               Upon request by Slovenia, the Joint Committee shall, by emergency procedure determine the protective measures, which it considers necessary, specifying the conditions and modalities in which they are to be put into effect.

               (c)

               In the event of serious difficulties in real estate market and at the express request of Slovenia, the Joint Committee shall act within five working days of the receipt of the request accompanied by the relevant background information. The measures thus decided shall be applicable forthwith and shall take account of the interests of all parties concerned.

               (d)

               The measures authorised under (b) may involve derogations from the rules of this Agreement to such an extent and for such periods as are strictly necessary in order to attain the objectives referred to in (a).

         10.   Slovakia

               (a)

               Slovakia may maintain in force for seven years from the date of its accession to the EU, its legislation regarding the acquisition by non-residents of agricultural land and forests. According to this legislation, (a non-resident may acquire ownership rights to real estate located in the Slovak Republic with the exception of the agricultural and forest land. The non resident may not acquire ownership rights to real estate whose acquisition is restricted by special regulation laid down in the Foreign Exchange Act No 202/1995 as amended).

               (b)

               In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of the present Protocol or be treated in a more restrictive way than a national of a third country.

               (c)

               Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and active in farming in Slovakia for at least three years continuously, shall not be subject to the provisions of (b) or to any procedures other than those to which nationals of Slovakia are subject.

               (d)

               A general review of these transitional measures shall be held before the end of the third year following the date of accession. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).

               (e)

               Should Slovakia introduce authorisation procedures for the acquisition of real estate in Slovakia by non-residents during the transitional period, they shall be based on transparent, objective, stable and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between nationals of Slovakia and of Switzerland.

               (f)

               If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Slovakia, the Joint Committee, at the request of Slovakia, shall decide upon the extension of the transitional period for up to a maximum of three years.

         ANNEX II
   Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons is hereby amended as follows:

               1.

               The following shall be inserted under the Title ‘Section A: Acts referred to’ under point 1 ‘Regulation (EEC) No 1408/71’ after ‘301 R 1386: Regulation (EC) No 1386/2001 …’:
               ‘12003 TN 02/02/A: Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, of 16 April 2003.’

               2.

               Under the heading ‘For the purposes of this Agreement, the Regulation shall be adapted as follows:’, point 1 of Section A of Annex II to the Agreement shall be amended as follows:

                           (a)

                           under (i), concerning Annex III, Part A, the following shall be added after the last entry ‘Sweden — Switzerland’:

                                       ‘Czech Republic — Switzerland
                                       None.

                                       Estonia — Switzerland
                                       No convention.

                                       Cyprus — Switzerland
                                       None.

                                       Latvia — Switzerland
                                       No convention.

                                       Lithuania — Switzerland
                                       No convention.

                                       Hungary — Switzerland
                                       None.

                                       Malta — Switzerland
                                       No convention.

                                       Poland — Switzerland
                                       No convention.

                                       Slovenia — Switzerland
                                       None.

                                       Slovakia — Switzerland
                                       None.’

                           (b)

                           under (j), concerning Annex III, Part B, the following shall be added after the last entry ‘Sweden — Switzerland’:

                                       ‘Czech Republic — Switzerland
                                       None.

                                       Estonia — Switzerland
                                       No convention.

                                       Cyprus — Switzerland
                                       None.

                                       Latvia — Switzerland
                                       No convention.

                                       Lithuania — Switzerland
                                       No convention.

                                       Hungary — Switzerland
                                       None.

                                       Malta — Switzerland
                                       No convention.

                                       Poland — Switzerland
                                       No convention.

                                       Slovenia — Switzerland
                                       None.

                                       Slovakia — Switzerland
                                       None.’

                           (c)

                           letter (o), concerning Annex VI, shall be amended as follows:

                                       (aa)

                                       Under point 3 (a) (iv) insert after the word ‘Spain’ the word ‘Hungary’

                                       (bb)

                                       Under point 4 insert after the word ‘Germany’ the word ‘Hungary’.

               3.

               The following shall be inserted under the Title ‘Section A: Acts referred to’ under point 2 ‘Regulation (EEC) No 574/72’ after ‘302 R 410: Commission Regulation (EC) No 410/2002 …’:
               ‘12003 TN 02/02/A: Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, of 16 April 2003.’

               4.

               The following shall be inserted under the Title ‘Section B: Acts of which the contracting parties shall take due account’ under the points ‘4.18. 383 D 0117: Decision No 117 …’, ‘4.19. 83 D 1112(02): Decision No 118 …’, ‘4.27. 388 D 64: Decision No 136 …’ and ‘4.37. 393 D 825: Decision No 150 …’ respectively after ‘1 94 N: Act concerning the conditions …’:
               ‘12003 TN 02/02/A: Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, of 16 April 2003.’

               5.

               For workers who are nationals of the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, the arrangements contained in paragraph 1 of the section Unemployment Insurance of the Protocol to Annex II shall apply until 30 April 2011.

         ANNEX III
   Section A of Annex III to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons is hereby amended as follows:
   Acts as modified by the Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003):
   A.   GENERAL SYSTEM

               1.

               392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 209, 24.7.1992, p. 25).

         B.   LEGAL PROFESSIONS

               2.

               377 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17).

               3.

               398 L 0005: Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36).

         C.   MEDICAL ACTIVITIES
   Doctors

               4.

               393 L 0016: Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 165, 7.7.1993, p. 1).

         Nurses

               5.

               377 L 0452: Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services (OJ L 176, 15.7.1977, p. 1).

         Dental practitioners

               6.

               378 L 0686: Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 233, 24.8.1978, p. 1).

               7.

               378 L 0687: Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action in respect of the activities of dental practitioners (OJ L 233, 24.8.1978, p. 10).

         Veterinary surgeons

               8.

               378 L 1026: Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 362, 23.12.1978, p. 1).

         Midwives

               9.

               380 L 0154: Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 33, 11.2.1980, p. 1).

         Pharmacists

               10.

               385 L 0433: Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (OJ L 253, 24.9.1985, p. 37).

         D.   ARCHITECTURE

               11.

               385 L 0384: Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 223, 21.8.1985, p. 15).

         E.   TRADE AND DISTRIBUTION OF TOXIC PRODUCTS

               12.

               374 L 0557: Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products (OJ L 307, 18.11.1974, p. 5).

         Declaration by Switzerland concerning the recognition of diplomas in midwifery and general care
   Switzerland reserves the right to recognize holders of diplomas in midwifery and general care, falling under Articles 4(b) and 4(c) of Directive 77/452/EEC and Articles 5(a) and 5(b) of Directive 80/154/EEC on acquired rights, only after examination of the conformity of their qualifications with Directives 77/453/EEC and 80/155/EEC. For this purpose, Switzerland may require the completion of an aptitude test or an adaptation period.
   Declaration by Switzerland on autonomous measures as of the date of signature
   Switzerland will provide provisional access to its labour market for citizens of the new Member States, based on its national legislation, before the entry into force of the transitional arrangements contained in the Protocol. For this purpose, Switzerland will open specific quotas for short-term, as well as for long-term working permits, as defined in Article 10(1) of the Agreement, in favour of citizens of the new Member States, as of the date of signature of the Protocol. The quotas will be 700 long term permits and 2 500 shor-term permits per year. In addition, 5 000 short-term workers per year will be admitted for a stay of less than 4 months.
   Declaration by Poland concerning the recognition of diplomas of nurses responsible for general care and midwives
   Poland has taken note of Switzerland's declaration pertaining to the recognition of general-care nursing and midwifery diplomas but resolutely expects Switzerland to adhere fully to Article 4(b) of Directive 77/452/EEC and Article 5(b) of Directive 80/154/EEC according to the wording as of the day on which the Protocol to the Agreement between the European Community and its Member States, of the one part and the Swiss Confederation, of the other, on the free movement of persons, pursuant to the enlargement of the European Union, takes effect.


title: 71/66/EEC: Council Decision of 1 February 1971 on the reform of the European Social Fund

text:
52                                    Official Journal of the European Communities
4.2.71                                Official Journal of the European Communities                            No L 28 / 15
                                                  COUNCIL DECISION
                                                    of 1 February 1971
                                       on the reform of the European Social Fund
                                                        (71/66/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas the Fund must likewise contribute to the
                                                                 furtherance of existing measures for securing for all
Having regard to the Treaty establishing the                     workers employment that best corresponds to their
European Economic Community, and in particular                   abilities, and to ensure continuity of employment and
Article .126 thereof;                                            of income;
Having regard to the Opinion of the Commission1 ;                Whereas it is therefore necessary that the Fund
                                                                 should be able to intervene to meet situations arising
Having regard to the Opinion of the European                     from Community Decisions or requiring action at
Parliament2;                                                     Community level and to meet also situations arising
                                                                 indirectly from the funtioning of the common market
Having regard to the Opinion of the Economic and                 or impeding the harmonious development of the
Social Committee3 ;                                              Community;
Whereas Article 123 of the Treaty assigns to the                 Whereas the Decision of 21 April 19704 provided for
European Social Fund (hereinafter called the 'Fund')             the replacement of financial contributions from
the task of rendering the employment of workers                  Member States by the Communities' own resources ;
easier and of increasing their geographical and
occupational mobility within the Community, and
whereas the measures now in force have proved to be              HAS ADOPTED THIS DECISION :
inadequate to permit the Fund to accomplish this
task effectively;
                                                                 I. ABOLITION OF THE ASSISTANCE PROVIDED FOR
                                                                             IN ARTICLE 125 OF THE TREATY
Whereas, in pursuing this task, account must be
taken of the demands of social progress in the face of                                   Article 1
technical development;
Whereas an interdependence exists between social                 Subject to the provisions of Article 10 of this
policy and economic policy;                                      Decision, the assistance provided for in Article 125 of
                                                                 the Treaty shall no longer be granted.
Whereas it is important to continue efforts to remedy
the structural unemployment and underemployment
                                                                 II . DEFINITION OF THE NEW TASKS OF THE FUND
 still existing in various areas of the Community;
Whereas for this purpose there is also need to                                           Article 2
intensify preventive action against unemployment and
 underemployment;                                                 The new tasks of the Fund, which are in accordance
                                                                  with the objectives laid down in Article 124 of the
                                                                  Treaty, are set out in Articles 3, 4 and 5.
1 OJ No C 131, 13.10.1969, p. 4.
2 OJ No C 2, 8.1.1970, p . 7.
3 OJ No C 26, 4.3.1970, p. 6.                                     4 OJ No L 94, 28.4.1970, p. 19.
 ---pagebreak---                                     Official Journal of the European Communities                                     53
              A. Scope as regards persons                      ( c) shall determine, where appropriate, the categories
                                                                    of persons who are to pursue activities as
                         Article 3                                   self-employed persons to whom assistance may
                                                                     be granted from the Fund.
1.     The Fund may grant assistance for members of
the labour force who, having benefited from a
measure taken under the powers of the Fund, are to                                     Article 5
pursue activities as employed persons.
                                                               1.     The Fund can also take action where the
2. The Fund may also grant, in special cases to be             employment situation in certain regions, in certain
determined by the Council, assistance for persons              branches of the economy or in certain groups of
who are to pursue activities as self-employed persons.         undertakings is affected by difficulties which do not
                                                               arise from any particular measure taken by the
                                                               Council within the framework of a Community
                                                               policy, but which result indirectly from the working
                 B. Areas of intervention                      of the common market or impede the harmonious
                                                               development of the Community.
                         Article 4
                                                               In any such cases, assistance shall be granted to
1.     The    Fund     can   take   action    when    the      eliminate long-term structural unemployment and
employment situation :                                         underemployment, to train a highly skilled labour
                                                               force and, furthermore, for measures for the
— is affected or in danger of being affected either by         absorption and reabsorption into active employment
     special measures adopted by the Council in the            of the disabled, and of older workers, women and
     framework of Community policies, or by jointly            young workers.
     agreed operations to further the objectives of the
     Community ; or
                                                               2. The provisions required to implement this
— calls for specific joint action to improve the               Decision, to be adopted in accordance with Article
     balance between supply of and demand for                   127 of the Treaty, shall :
     manpower within the Community.
                                                               — define the assistance referred to in paragraph 1
                                                                    which shall be granted forthwith to meet already
The Fund shall be authorised to intervene by a                      existing situations or needs that require
specific Decision taken by the Council, acting by a                 immediate long-term action ; and
qualified majority on a proposal from the
Commission, the latter acting either on its own                — determine the precise criteria which an operation
initiative or at the request of the Council or of one or            must satisfy to be eligible for assistance from the
more Member States .                                                Fund.
                                                               Assistance thus defined shall be granted without
2.     The Council, in taking specific Decisions of the        further action by the Council, subject only to the
type referred to in paragraph I, shall state as one of         approval provided for in Article 7.
the grounds of such Decisions the fact that the
existing or foreseeable imbalance in the field of
employment:
— is on a scale justifying Community intervention ;             C. Submission by Member States of schemes or of
                                                               applications for assistance and their approval by the
— is such that it leads, or may lead, to the necessity                                Commission
     for a considerable number of workers to change
     employment, to acquire new qualifications, or to                                  Article 6
     move their homes within the Community.
                                                               The Member State or States concerned shall submit
In such Decisions, the Council :                                to the Commission their schemes for meeting the
( a) shall determine the areas in which the Fund may            situations referred to in Article 4, and any
      intervene;                                                applications made in advance for assistance to meet
                                                                the situations referred to in Article 5 ; each scheme or
 (b) shall state which of the types of aid defined in           application shall propose a set of specific measures,
      provisions laid down pursuant to Article 127              and shall also give details of their methods, scope and
      may qualify for assistance from the Fund;                 duration.
 ---pagebreak--- 54                                 Official Journal of the European Communities
                        Article 7                             Credits for action under Article 5 shall not in any
                                                              year be less than 50% of the total credits available.
The   Commission     shall submit the schemes       and       This apportionment of credits shall be reviewed by
applications referred to in Article 6 for consideration       the Council within the time limit laid down in Article
by the Economic and Social Committee, as provided             11 , it being understood that in the long term the
for in Article 124 of the Treaty, and shall approve           greater part of the available credits must be reserved
them up to the amount of the credits available if they        for action under Article 4 .
comply with the conditions laid down in the
Regulation implementing the provisions of Article
127 of the Treaty and the Decisions taken by the                   III . TRANSITIONAL AND FINAL PROVISIONS
Council under that Regulation.
                                                                                Article 10
                D. Rate of contribution                       1 . The provisions of this Decision shall apply from
                                                              the date of entry into force of the provisions required
                        Article 8                             to implement this Decision, which shall be adopted in
                                                              accordance with Article 127 of the Treaty.
1.    Assistance from the Fund shall be granted at the
rate of 50% of eligible expenditure in support of             2 . Assistance from the Fund, as provided for in
operations by public authorities, bodies governed by          Article 125 of the Treaty, shall be granted in support
public law and joint social institutions entrusted with       of operations completed at latest on a date to be
tasks in the public interest.                                 fixed by the provisions referred to in paragraph 1 .
                                                              The periods within which the Member States must
2 . Assistance shall also be granted in respect of            submit their applications for reimbursement in respect
operations by bodies or other entities governed by             of these operations shall also be determined by those
private law, on condition that the public authorities         provisions .
of the Member State or States concerned guarantee
the completion of such operations. In such case, the                                 Article 11
Fund shall contribute an amount equal to any
expenditure taken oyer by the public authorities.             The Council shall review this Decision not later than
                                                              five years after the date of its entry into force as
                                                               provided in Article 10 ( 1 ). If necessary, this Decision
                E. Budgetary procedure                         shall be amended on the basis of a further Opinion of
                                                              the. Commission based on Article 126 of the Treaty.
                        Article 9
1 . Each year, on the basis of the preliminary draft                                 Article 12
budget drawn up by the Commission, credits
authorised for the functioning of the Fund during the         This Decision shall enter into force on the fifth day
current financial year shall be included in the budget        following its publication in the Official Journal of the
of the European Communities.                                  European Communities.
The financial regulations adopted in pursuance of
Article 209 of the Treaty shall determine the methods         Done at Brussels, 1 February 1971 .
whereby the expenditure may be authorised for a
further two-year period after the end of the current
financial year.                                                                                For the Council
                                                                                The President
2.    Credits for action by the Fund under Article 4.
shall be separate from those for action under Article 5 .                                          M. SCHUMANN


title: 2013/596/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/289

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2011
   (2013/596/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Training Foundation for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Training Foundation for the financial year 2011, together with the Foundation’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

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

               —

               having regard to Regulation (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (4), and in particular Article 17 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0080/2013),

               1.

               Grants the Director of the European Training Foundation discharge in respect of the implementation of the Foundation’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 165.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 354, 31.12.2008, p. 82.

      (5)  OJ L 357, 31.12.2002, p. 72.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its decision on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Training Foundation for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Training Foundation for the financial year 2011, together with the Foundation’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

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

                  —

                  having regard to Regulation (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (4), and in particular Article 17 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0080/2013),

                  A.

                  whereas the European Training Foundation (‘the Foundation’), which is located in Turin, was established by Council Regulation (EEC) No 1360/90 (6),

                  B.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the Foundation’s annual accounts for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  C.

                  whereas on 10 May 2012, Parliament granted the Foundation’s Director discharge for the implementation of the Foundation’s budget for the financial year 2010 (7), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              called on the Foundation and the Commission to inform the discharge authority of the actual contribution granted to the Foundation for the financial year 2010,

                              —

                              urged the Foundation to focus on cost-effective reporting relevant to the Foundation’s Governing Board and key stakeholders allowing them to check the Foundation’s performance,

                              —

                              called on the Foundation to implement the remaining recommendations of the Internal Audit Service (IAS) from previous audits,

                              —

                              called on the Foundation to inform the discharge authority of the revision of its original budget for 2010,

                  D.

                  whereas the commitments appropriations (8) in the 2011 budget were EUR 20 350 000 and EUR 19 850 000 for payments,

                  E.

                  whereas the total contribution of the Union to the Foundation’s budget for 2011 was EUR 19 850 000, compared to EUR 19 297 822 in 2010, which represents an increase of 2,86 %,

                  F.

                  whereas, at the end of 2011, the Foundation recorded a positive budget outturn of EUR 117 686,58,

         Budgetary and financial management

                  1.

                  Recalls that the total Union contribution to the Agency for 2011 amounted to EUR 19 850 000;

                  2.

                  Calls on the Foundation and the Commission to inform the discharge authority of the actual contribution granted to the Foundation for the financial year 2011, as it is not very clear from the Foundation’s annual accounts;

                  3.

                  Recalls that the Foundation is to return a total of EUR 117 686,58 to the Commission, representing the budget outturn for 2011;

                  4.

                  Observes from the Foundation’s annual activity report (AAR) that it achieved a commitment rate of 99,69 %, similar to the execution rate of 2010, but higher in nominal terms;

                  5.

                  Acknowledges from the AAR that in 2011, the Foundation amended its budget once to integrate assigned revenue (EUR 286 284,28 available from the previous years and EUR 4 522,81 in accumulated interest), which is usually undefined at the time of the adoption of the budget (November 2010 for the 2011 budget);

                  6.

                  Takes note that according to the Foundation, its treasury management is governed by a Memorandum of Understanding with its parent Directorate-General Education and Culture (DG EAC), which defines clear criteria for the disbursement of the subvention on the basis of strict cash flow requirements; notes, furthermore, that following the Court of Auditors’ visit in November 2012, the Foundation plans to draft and adopt a formal treasury policy in 2013; calls on the Foundation to inform the discharge authority of the actions taken to adopt a formal treasury policy in order to minimise and spread financial risk while aiming at adequate returns;

         Transfers and carryovers

                  7.

                  Establishes from the AAR that including the payments on operational commitments carried forward from 2010, the Foundation achieved a payment execution rate of 99,8 % of the EUR 19 850 000 available payment appropriations in 2011, compared to 96,5 % in 2010 and 90 % in 2009;

                  8.

                  Acknowledges from the AAR that the Foundation reduced the number of budgetary transfers to 12 in 2011, compared with 15 in 2010 and 33 in 2009; acknowledges that the Foundation carried forward 13,1 % of the 2011 amount committed, compared to 12,8 % in 2010 and 17 % in 2009;

                  9.

                  Takes note that the rate for the carry forward of operational activities — differentiated appropriations (reste à liquider) is 33 %, while the administrative carry forward for non-differentiated appropriations is 3,9 %;

                  10.

                  Observes that following the review of activities and budget allocation, the Foundation proposed a budgetary reallocation to reinforce operational activities, resulting in a transfer of commitment and payment appropriations from Title I to Titles II and III of EUR 147 340;

         Public procurement

                  11.

                  Establishes that in the area of procurement, nine tendering procedures were cancelled, 38 contracts were signed and 104 contracts were active on 31 December 2011;

         Premises

                  12.

                  Acknowledges from the Court of Auditors that the situation regarding the Foundation’s premises is unsatisfactory and puts its activities at risk of disruption; calls on the Foundation to persevere in its efforts to reach a satisfactory solution and to inform the discharge authority of the actions taken to address this deficiency; notes that the Foundation is now in the process of signing the new service contract with the region, which is planned — following the agreement with the parties — for the end of February 2013;

         Human resources

                  13.

                  Notes from the AAR that at the end of 2011, the Foundation had six vacant posts in its establishment plan, compared to four at the end of 2010;

                  14.

                  Observes that the number of staff at the Foundation now stands at 125, with seven staff members joining the Foundation and 10 leaving in 2011;

                  15.

                  Takes note from the AAR that the number of posts available for the implementation of the Foundation mandate is as follows:

                              —

                              90 temporary posts;

                              —

                              32 contract and local agents,

                              —

                              two local agents, and

                              —

                              one seconded national expert;

         Performance

                  16.

                  Observes from the AAR that the Foundation developed a revised list of corporate performance indicators with the aim of enhancing the relevance and measurability of its objectives and to provide data on how the Foundation performs at an aggregated level in relation to its core business and its functioning;

                  17.

                  Notes, in addition, that the Foundation developed the ‘dashboard’ project, which aims to ensure live key data for the daily monitoring of its activities and, in particular, for management and reporting;

                  18.

                  Acknowledges that the Foundation successfully continued the second year of the Torino Process, which provides a concise, documented, comprehensive analysis of vocational education and training reform in each country, including the identification of key policy trends, challenges, constraints, good practice and opportunities, with the conference consolidating the findings of analyses from 2010 and agreement on the Torino Declaration, as well as the Torinet initiative on capacity building in evidence-based policy making;

         Cooperation with the European Centre for the Development of Vocational Training (Cedefop)

                  19.

                  Notes that in November 2009, the cooperation agreement between the Foundation and Cedefop was renewed for the period 2010-2013; acknowledges that each year the Foundation and Cedefop draft a joint work programme in the context of the cooperation framework, which is annexed to the work programmes of each Agency; welcomes the Foundation’s intention to devote further space to reporting on the implementation of this joint work programme in future AARs;

                  20.

                  Establishes that in 2011, the Foundation and Cedefop further systematised their cooperation to maximise the benefits for their respective mandates, which resulted in the organisation of knowledge sharing seminars, collaborations in the area of qualifications development, the implementation of common Union instruments and cooperation for the preparation of the 2012 reporting progress of Candidate Countries as part of the follow up to the Bruges Communiqué on enhanced European Cooperation in Vocational Education and Training;

                  21.

                  Invites the Commission, together with the Foundation, the European Centre for the Development of Vocational Training, European Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work to further explore the synergies that exist between those agencies and to report to the discharge authority on the possible deeper integration of those four agencies; invites those agencies and the Commission to evaluate whether closer cooperation could lead to economies of scale and optimisation of their performance;

         Internal audit

                  22.

                  Acknowledges that the IAS undertook an operational and compliance audit on external and internal communication in the Foundation in 2011; notes, in particular, that the IAS raised 14 recommendations, of which no recommendations were rated as ‘critical or ‘very important’; notes, furthermore, that 12 recommendations were rated as ‘important’ and one recommendation was rated as ‘desirable’;

                  23.

                  Calls, in this context, on the Foundation to implement the IAS recommendations;

                  24.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 17 April 2013 (9) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 165.

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

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

         (4)  OJ L 354, 31.12.2008, p. 82.

         (5)  OJ L 357, 31.12.2002, p. 72.

         (6)  OJ L 131, 23.5.1990, p. 1.

         (7)  OJ L 286, 17.10.2012, p. 238.

         (8)  Annual Accounts for 2011, p. 13.

         (9)  Texts adopted P7_TA(2013)0134. (See page 374 of this Official Journal).


title: 2014/680/EU, Euratom: Decision of the Representatives of the Governments of the Member States of 24 September 2014 appointing Judges to the Court of Justice

text:
               30.9.2014

               EN

               Official Journal of the European Union

               L 284/45

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 24 September 2014
   appointing Judges to the Court of Justice

      (2014/680/EU, Euratom)

   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Whereas:

               (1)

               The terms of office of 14 Judges and four Advocates-General at the Court of Justice are due to expire on 6 October 2015. New appointments should therefore be made for the period from 7 October 2015 to 6 October 2021.

               (2)

               It has been proposed that the terms of office of Mr Koen LENAERTS and Ms Rosario SILVA DE LAPUERTA as Judges of the General Court should be renewed.

               (3)

               The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Koen LENAERTS and Ms Rosario SILVA DE LAPUERTA to perform the duties of Judges of the Court of Justice,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed Judges to the Court of Justice for the period from 7 October 2015 to 6 October 2021:

               —

               Mr Koen LENAERTS,

               —

               Ms Rosario SILVA DE LAPUERTA.

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

      Done at Brussels, 24 September 2014.

            The President

         S. SANNINO


Avis juridique important

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32004D0080

2004/80/EC: Council Decision of 17 December 2003 concerning the conclusion of the Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation

Official Journal L 017 , 24/01/2004 P. 0023 - 0024

Council Decisionof 17 December 2003concerning the conclusion of the Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation(2004/80/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(b), in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Commission has negotiated on behalf of the European Community an Agreement with the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation.(2) This Agreement has been signed, on behalf of the European Community, on 27 November 2002 subject to its possible conclusion at a later date, in accordance with the Council Decision of 23 September 2002.(3) This Agreement should be approved.(4) This Agreement established a Joint Committee which may take decisions having legal effect, and it is thus necessary to specify who represents the Community within this Committee and to provide for a procedure laying down how a Community position is adopted.(5) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on the European Union and to the Treaty establishing the European Community, these Member States have notified their wish to take part in the adoption and application of this Decision.(6) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is therefore not bound by it or subject to its application,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation is hereby approved on behalf of the European Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall give the notification provided for in Article 20(2) of the Agreement(2).Article 3The Commission, assisted by experts from Member States, shall represent the European Community in the Committee of experts established by Article 17 of the Agreement.Article 4The position of the European Community within the Committee of experts with regard to the adoption of its rules of procedure as required under Article 17(5) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.For all other Committee of experts' decisions, the position of the European Community shall be adopted by the Council, acting by qualified majority, on a proposal by the Commission.Article 5This Decision shall be published in the Official Journal of the European Union.Article 6This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.Done at Brussels, 17 December 2003.For the CouncilThe PresidentG. Alemanno(1) Opinion delivered on 19 September 2002 (not yet 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.