title: 2006/369/EC: Council Decision of  8 November 2005  on the signing and provisional application of the Agreement between the European Community and the Republic of Bulgaria on certain aspects of air services

text:
               24.5.2006

               EN

               Official Journal of the European Union

               L 136/21

         COUNCIL DECISION
   of 8 November 2005
   on the signing and provisional application of the Agreement between the European Community and the Republic of Bulgaria on certain aspects of air services
   (2006/369/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph, thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council has authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated on behalf of the Community an Agreement with the Republic of Bulgaria on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council's Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Bulgaria on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.

      Done at Brussels, 8 November 2005.

            For the Council

            The President

         G. BROWN

    ---documentbreak---

               24.5.2006

               EN

               Official Journal of the European Union

               L 136/22

         AGREEMENT
   between the European Community and the Republic of Bulgaria on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE REPUBLIC OF BULGARIA, (hereinafter referred to as Bulgaria)
   of the other part,
   (hereinafter referred to as the Parties)
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and Bulgaria containing provisions contrary to Community law;
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries;
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries;
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law;
   RECOGNISING that provisions of the bilateral air service agreements between Member States of the European Community and Bulgaria, which are contrary to European Community law, must be brought into full conformity with it in order to establish a sound legal basis for air services between the European Community and Bulgaria and to preserve the continuity of such air services;
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Bulgaria, to affect the balance between Community air carriers and air carriers of Bulgaria, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Bulgaria, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively. The provisions in paragraphs 4 and 5 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by Bulgaria, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Bulgaria shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned and shall continue to be owned directly or through majority ownership by Member States and/or nationals of Member States, or by other States listed in Annex III and/or nationals of such other States, and shall at all times be effectively controlled by such States and/or such nationals.

         3.   Bulgaria may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned and effectively controlled directly or through majority ownership by Member States and/or nationals of Member States, or by other States listed in Annex III and/or nationals of such other States.

         In exercising its right under this paragraph, Bulgaria shall not discriminate between Community air carriers on the grounds of nationality.
   4.   On receipt of a designation by Bulgaria, a Member State, shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier has a valid Operating Licence issued in accordance with Bulgarian law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by Bulgaria which is responsible for issuing its Air Operators Certificate; and

               (iii)

               the air carrier is owned and shall continue to be owned directly or through majority ownership by Bulgaria and/or its natural person or legal entity, and shall at all times be effectively controlled by Bulgaria and/or its natural person or legal entity.

         5.   A Member State may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by Bulgaria where:

               (i)

               the air carrier does not have a valid Operating Licence issued in accordance with Bulgarian law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by Bulgaria which is responsible for issuing its Air Operators Certificate; or

               (iii)

               the air carrier is not owned and effectively controlled directly or through majority ownership by Bulgaria and/or its natural person or legal entity.

         Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Bulgaria under the safety provisions of the Agreement between the Member State that has designated the air carrier and Bulgaria shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State from imposing taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Bulgaria that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by Bulgaria under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 8
   Entry into force and provisional application
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and Bulgaria which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.
   IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.

      Done at Salzburg in duplicate, on this fifth day of May in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Bulgarian languages.

         Por la 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
         För Europeiska gemenskapen
         За европейската общност

         Por la República de Bulgaria
         Za Bulharskou republiku
         For Republikken Bulgarien
         Für die Republik Bulgarien
         Bulgaaria Vabariigi nimel
         Για τη Δημοκρατία της Βουλγαρίας
         For the Republic of Bulgaria
         Pour la République de Bulgarie
         Per la Repubblica di Bulgaria
         Bulgārijas Republikas vārdā
         Bulgarijos Respublikos vardu
         Λ Bolgár Köztársaság részéről
         Għar-Repubblika tal-Bulgarija
         Voor de Republiek Bulgarije
         W imieniu Republiki Bułgarii
         Pela República da Bulgária
         Za Bulharskú republiku
         Za Republiko Bolgarijo
         Bulgarian tasavallan puolesta
         För Republiken Bulgarien
         За Република България

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between Bulgaria and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally

                           —

                           Air Transport Agreement between the Austrian Federal Government and the Government of the Republic of Bulgaria signed at Sofia on 4 November 1997, hereinafter referred to ‘Bulgaria-Austria Agreement’ in Annex II;
                           To be read together with the Memorandum of Understanding done at Vienna on 28 June 1996.

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of the People's Republic of Bulgaria relating to Air Transport signed at Sofia on 14 May 1957, hereinafter referred to ‘Bulgaria-Belgium Agreement’ in Annex II.

                           —

                           Agreement between the Government of the Republic of Cyprus and the People's Republic of Bulgaria on commercial Scheduled Air Services signed at Nicosia on 8 May 1965, hereinafter referred to ‘Bulgaria-Cyprus Agreement’ in Annex II.

                           —

                           Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Bulgaria signed at Sofia on 25 September 1967, in respect of which the Czech Republic declared that it considers itself to be bound by the provisions thereof, hereinafter referred to ‘Bulgaria-Czech Republic Agreement’ in Annex II.

                           —

                           Agreement between the Government of the Kingdom of Denmark and the Government of the People's Republic of Bulgaria relating to Civil Air Transport signed at Sofia on 24 May 1958, hereinafter referred to ‘Bulgaria-Denmark Agreement’ in Annex II;
                           Last supplemented by the Exchange of Letters dated 24 May 1958.

                           —

                           Agreement between the Government of the Republic of Finland and the Government of the People's Republic of Bulgaria for air services between and beyond their respective territories signed at Helsinki on 19 March 1970, hereinafter referred to ‘Bulgaria-Finland Agreement’ in Annex II.

                           —

                           Air Transport Agreement between the Government of the French Republic and the Government of the People's Republic of Bulgaria relating to Air Transport signed at Paris on 4 August 1965, hereinafter referred to ‘Bulgaria-France Agreement’ in Annex II;
                           Supplemented by the Exchange of Letters dated 4 August 1965;
                           Modified by the Exchange of Letters dated 12 June and 10 July 1969;
                           Last modified by the Memorandum of Understanding done at Sofia on 26 January 2000.

                           —

                           Agreement between the Federal Republic of Germany and the Republic of Bulgaria relating to Air Service between and beyond their respective territories signed at Sofia on 11 June 1993, hereinafter referred to ‘Bulgaria-Germany Agreement’ in Annex II;
                           Supplemented by the Memorandum of Understanding done at Sofia on 1 October 2001;
                           To be read together with Notes dated 15 August 2002 and 20 April 2004.

                           —

                           Agreement between the Government of the Hellenic Republic and the Government of the Republic of Bulgaria concerning Air Services between and beyond their respective territories signed at Athens on 1 November 2002, hereinafter referred to ‘Bulgaria-Greece Agreement’ in Annex II;
                           To be read together with the Memorandum of Understanding done at Athens on 23 February 2000.

                           —

                           Agreement between the Government of the Hungarian People's Republic and the Government of the People's Republic of Bulgaria concerning Air Transport signed at Sofia on 29 August 1969, hereinafter referred to ‘Bulgaria-Hungary Agreement’ in Annex II.

                           —

                           Air Services Agreement between the Government of Ireland and the Government of the Republic of Bulgaria signed at Dublin on 27 July 1995, hereinafter referred to ‘Bulgaria-Ireland Agreement’ in Annex II.

                           —

                           Agreement between the Government of the Republic of Italy and the Government of the People's Republic of Bulgaria relating to Civil Air Transport signed at Sofia on 27 May 1974, hereinafter referred to ‘Bulgaria-Italy Agreement’ in Annex II;
                           To be read together with the Agreed Record done at Rome on 4 April 1974;
                           Last modified by the Memorandum of Understanding done at Rome on 25 July 1997.

                           —

                           Agreement between the Government of the Republic of Latvia and the Government of the Republic of Bulgaria concerning Air Services between and beyond their respective territories signed at Warsaw on 19 May 1999, hereinafter referred to ‘Bulgaria-Latvia Agreement’ in Annex II.

                           —

                           Air Transport Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of the People's Republic of Bulgaria signed at Sofia on 8 May 1965, hereinafter referred to ‘Bulgaria-Luxembourg Agreement’ in Annex II.

                           —

                           Agreement between the Government of the Republic of Malta and the Government of the People's Republic of Bulgaria for Air Services between and beyond their respective territories signed at Varna on 23 July 1982, hereinafter referred to ‘Bulgaria-Malta Agreement’ in Annex II;
                           To be read together with the Memorandum of Understanding done at Malta on 12 April 1982.

                           —

                           Agreement between the Government of the Kingdom of the Netherlands and the Government of the People's Republic of Bulgaria relating to Air Transport signed at Sofia on 7 February 1958, hereinafter referred to ‘Bulgaria-Netherlands Agreement’ in Annex II;
                           Last supplemented by the Memorandum of Understanding done at The Hague on 6 August 2002.

                           —

                           Air Transport Agreement between the Government of the Polish Republic and the Government of the People's Republic of Bulgaria signed at Warsaw on 16 May 1949, hereinafter referred to ‘Bulgaria-Poland Agreement’ in Annex II.

                           —

                           Air Transport Agreement between the Government of Portugal and the Government of the People's Republic of Bulgaria signed at Lisbon on 22 October 1975, hereinafter referred to ‘Bulgaria-Portugal Agreement’ in Annex II.

                           —

                           Air Transport Agreement between the Government of the Slovak Republic and the Government of the Republic of Bulgaria signed at Sofia on 8 December 1995, hereinafter referred to ‘Bulgaria-Slovakia Agreement’ in Annex II.

                           —

                           Air Services Agreement between the Government of Spain and the Government of the People's Republic of Bulgaria signed at Sofia on 6 November 1971, hereinafter referred to ‘Bulgaria-Spain Agreement’ in Annex II;
                           Last modified by the Agreed Minutes done at Sofia on 21 October 1978.

                           —

                           Agreement between the Government of the Kingdom of Sweden and the Government of the People's Republic of Bulgaria relating to Civil Air Transport signed at Sofia on 17 April 1957, hereinafter referred to ‘Bulgaria-Sweden Agreement’ in Annex II.

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of Bulgaria for Air Services between and beyond their respective territories signed at London on 28 May 1970, hereinafter referred to ‘Bulgaria-UK Agreement’ in Annex II;
                           Amended by an Exchange of Notes of 23 August 1973.
                           To be read together with the Memorandum of Understanding done at London on 15 January 1998.

               (b)

               Air service agreements and other arrangements initialled or signed between Bulgaria and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally

         ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Bulgaria-Austria Agreement;

                           —

                           Article 2 of the Bulgaria-Belgium Agreement;

                           —

                           Article 3 of the Bulgaria-Cyprus Agreement;

                           —

                           Article 2 of the Bulgaria-Czech Republic Agreement;

                           —

                           Article 2 of the Bulgaria-Denmark Agreement;

                           —

                           Article 3 of the Bulgaria-Finland Agreement;

                           —

                           Article 3 of the Bulgaria-France Agreement;

                           —

                           Article 3 of the Bulgaria-Germany Agreement;

                           —

                           Article 3 of the Bulgaria-Greece Agreement;

                           —

                           Article 3 of the Bulgaria-Hungary Agreement;

                           —

                           Article 3 of the Bulgaria-Ireland Agreement;

                           —

                           Article 3 of the Bulgaria-Italy Agreement;

                           —

                           Article 3 of the Bulgaria-Latvia Agreement;

                           —

                           Article 3 of the Bulgaria-Luxembourg Agreement;

                           —

                           Article 3 of the Bulgaria-Malta Agreement;

                           —

                           Article 2 of the Bulgaria-Netherlands Agreement;

                           —

                           Article 2 of the Bulgaria-Poland Agreement;

                           —

                           Article 3 of the Bulgaria-Portugal Agreement;

                           —

                           Article 3 of the Bulgaria-Slovakia Agreement;

                           —

                           Article 4 of the Bulgaria-Spain Agreement;

                           —

                           Article 2 of the Bulgaria-Sweden Agreement;

                           —

                           Article 3 of the Bulgaria-UK Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4 of the Bulgaria-Austria Agreement;

                           —

                           Article 2 of the Bulgaria-Belgium Agreement;

                           —

                           Article 4 of the Bulgaria-Cyprus Agreement;

                           —

                           Article 2 of the Bulgaria-Denmark Agreement;

                           —

                           Article 3.4 of the Bulgaria-Finland Agreement;

                           —

                           Article 3 of the Bulgaria-France Agreement;

                           —

                           Article 4 of the Bulgaria-Germany Agreement;

                           —

                           Article 4 of the Bulgaria-Greece Agreement;

                           —

                           Article 4 of the Bulgaria-Hungary Agreement;

                           —

                           Article 3 of the Bulgaria-Ireland Agreement;

                           —

                           Article 4 of the Bulgaria-Italy Agreement;

                           —

                           Articles 4 of the Bulgaria-Latvia Agreement;

                           —

                           Article 4 of the Bulgaria-Luxembourg Agreement;

                           —

                           Article 4 of the Bulgaria-Malta Agreement;

                           —

                           Article 2 of the Bulgaria-Netherlands Agreement;

                           —

                           Article 6 of the Bulgaria-Poland Agreement;

                           —

                           Article 5 of the Bulgaria-Portugal Agreement;

                           —

                           Article 4 of the Bulgaria-Slovakia Agreement;

                           —

                           Article 4 of the Bulgaria-Spain Agreement;

                           —

                           Article 2 of the Bulgaria-Sweden Agreement;

                           —

                           Article 4 of the Bulgaria-UK Agreement.

               (c)

               Regulatory control:

                           —

                           Article 7 of the Bulgaria-Greece Agreement;

                           —

                           Article 11a of the Bulgaria-Germany Agreement;

                           —

                           Article 12 bis of the Bulgaria-France Agreement;

                           —

                           Article 9 ter of the Bulgaria-Italy Agreement.

               (d)

               Taxation of aviation fuel:

                           —

                           Article 7 of the Bulgaria-Austria Agreement;

                           —

                           Article 5 of the Bulgaria-Belgium Agreement;

                           —

                           Article 8 of the Bulgaria-Cyprus Agreement;

                           —

                           Article 4 of the Bulgaria-Czech Republic Agreement;

                           —

                           Article 5 of the Bulgaria-Denmark Agreement;

                           —

                           Article 6 of the Bulgaria-Finland Agreement;

                           —

                           Article 10 of the Bulgaria-France Agreement;

                           —

                           Article 7 of the Bulgaria-Germany Agreement;

                           —

                           Article 10 of the Bulgaria-Greece Agreement;

                           —

                           Article 12 of the Bulgaria-Hungary Agreement;

                           —

                           Article 11 of the Bulgaria-Ireland Agreement;

                           —

                           Article 8 of the Bulgaria-Italy Agreement;

                           —

                           Article 7 of the Bulgaria-Latvia Agreement;

                           —

                           Article 7 of the Bulgaria-Luxembourg Agreement;

                           —

                           Article 6 of the Bulgaria-Malta Agreement;

                           —

                           Article 4 of the Bulgaria-Netherlands Agreement;

                           —

                           Article 3 of the Bulgaria-Poland Agreement;

                           —

                           Article 7 of the Bulgaria-Portugal Agreement;

                           —

                           Article 8 of the Bulgaria-Slovakia Agreement;

                           —

                           Article 11 of the Bulgaria-Spain Agreement;

                           —

                           Article 5 of the Bulgaria-Sweden Agreement;

                           —

                           Article 5 of the Bulgaria-UK Agreement.

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 11 of the Bulgaria-Austria Agreement;

                           —

                           Article 4 of the Bulgaria-Belgium Agreement;

                           —

                           Article 6 of the Bulgaria-Cyprus Agreement;

                           —

                           Article 10 of the Bulgaria-Czech Republic Agreement;

                           —

                           Article 6 of the Bulgaria-Denmark Agreement;

                           —

                           Article 8 of the Bulgaria-Finland Agreement;

                           —

                           Article 13 of the Bulgaria-France Agreement;

                           —

                           Article 8 of the Bulgaria-Germany Agreement;

                           —

                           Article 13 of the Bulgaria-Greece Agreement;

                           —

                           Article 6 of the Bulgaria-Hungary Agreement;

                           —

                           Article 6 of the Bulgaria-Ireland Agreement;

                           —

                           Article 7 of the Bulgaria-Italy Agreement;

                           —

                           Article 9 of the Bulgaria-Latvia Agreement;

                           —

                           Article 5 of the Bulgaria-Luxembourg Agreement;

                           —

                           Article 9 of the Bulgaria-Malta Agreement;

                           —

                           Article 3 of the Bulgaria-Netherlands Agreement;

                           —

                           Article 4 of the Annex to the Bulgaria-Poland Agreement;

                           —

                           Article 10 of the Bulgaria-Portugal Agreement;

                           —

                           Article 10 of the Bulgaria-Slovakia Agreement;

                           —

                           Article 6 of the Bulgaria-Spain Agreement;

                           —

                           Article 6 of the Bulgaria-Sweden Agreement;

                           —

                           Article 9 of the Bulgaria-UK Agreement.

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport)


Avis juridique important

|

31996D0594

96/594/EC: Council Decision of 16 September 1996 on the provisional application of certain agreements between the European Community and certain third countries on trade in textile products (Kyrgyzstan, Lithuania, Tajikistan, Turkmenistan)

Official Journal L 263 , 16/10/1996 P. 0035 - 0035

COUNCIL DECISION of 16 September 1996 on the provisional application of certain agreements between the European Community and certain third countries on trade in textile products (Kyrgyzstan, Lithuania, Tajikistan, Turkmenistan) (96/594/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2), first sentence thereof,Having regard to the proposal from the Commission,Whereas bilateral agreements on trade in textile products, hereafter referred to as 'basic agreements`, were negotiated with Kyrgyzstan, Lithuania, Tajikistan and Turkmenistan and have been applied on a provisional basis by Council Decision 94/277/EC of 20 December 1993 (1);Whereas the basic agreement with Lithuania was approved by Council Decision 94/978/EC of 19 December 1994 (2) and entered into force on 1 January 1995;Whereas the Commission has negotiated on behalf of the Community bilateral agreements in the form of Exchanges of Letters to amend the basic agreements with the abovementioned countries in order to take into account the accession of Austria, Finland and Sweden to the European Union; whereas these negotiated agreements should be applied on a provisional basis from 1 January 1995, pending the completion of procedures required for their conclusion, subject to reciprocal provisional application by the countries in question,HAS DECIDED AS FOLLOWS:Article 1The bilateral agreements in the form of Exchanges of Letters to amend the existing bilateral agreements, arrangements and protocols on trade in textile products with certain third countries to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union between the European Community, of the one part, and the respective third countries of the other part, listed in the Annex to this Decision, shall be applied on a provisional basis from 1 January 1995, pending their formal conclusion, subject to reciprocal provisional application by the partner countries.Article 2The texts of the initialled agreements are attached to this Decision.Done at Brussels, 16 September 1996.For the CouncilThe PresidentI. YATES(1) OJ No L 123, 17. 5. 1994, p. 1.(2) OJ No L 375, 31. 12. 1994, p. 1.ANNEX List of countries KyrgyzstanLithuaniaTajikistanTurkmenistan


title: Decision (EU) 2015/774 of the European Central Bank of 4 March 2015 on a secondary markets public sector asset purchase programme (ECB/2015/10)

text:
               14.5.2015

               EN

               Official Journal of the European Union

               L 121/20

         DECISION (EU) 2015/774 OF THE EUROPEAN CENTRAL BANK
   of 4 March 2015
   on a secondary markets public sector asset purchase programme (ECB/2015/10)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular to the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
   Whereas:

               (1)

               In accordance with Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), the European Central Bank (ECB), together with the national central banks of the Member States whose currency is the euro (hereinafter the ‘NCBs’) may operate in the financial markets by, among other things, buying and selling marketable instruments outright, in order to achieve the objectives of the ESCB.

               (2)

               On 4 September 2014, the Governing Council decided to initiate a third covered bond purchase programme (hereinafter the ‘CBPP3’) and an asset-backed securities purchase programme (ABSPP). Alongside the targeted longer-term refinancing operations introduced in September 2014, these asset purchase programmes are aimed at further enhancing the transmission of monetary policy, facilitating credit provision to the euro area economy, easing borrowing conditions of households and firms and contributing to returning inflation rates to levels closer to 2 %, consistent with the primary objective of the ECB to maintain price stability.

               (3)

               On 22 January 2015, the Governing Council decided that asset purchases should be expanded to include a secondary markets public sector asset purchase programme (hereinafter the ‘PSPP’). Under the PSPP the NCBs, in proportions reflecting their respective shares in the ECB's capital key, and the ECB may purchase outright eligible marketable debt securities from eligible counterparties on the secondary markets. This decision was taken as part of the single monetary policy in view of a number of factors that have materially increased the downside risk to the medium-term outlook on price developments, thus jeopardising the achievement of the ECB's primary objective of maintaining price stability. These factors include lower than expected monetary stimulus from adopted monetary policy measures, a downward drift in most indicators of actual and expected euro area inflation — both headline measures and measures excluding the impact of volatile components, such as energy and food — towards historical lows, and the increased potential of second-round effects on wage and price-setting stemming from a significant decline in oil prices.

               (4)

               The PSPP is a proportionate measure for mitigating the risks to the outlook on price developments, as it will further ease monetary and financial conditions, including those relevant to the borrowing conditions of euro area non-financial corporations and households, thereby supporting aggregate consumption and investment spending in the euro area and ultimately contributing to a return of inflation rates to levels below but close to 2 % over the medium term. In an environment where key ECB interest rates are at their lower bound, and purchase programmes focussing on private sector assets are judged to have provided measurable, but insufficient, scope to address the prevailing downside risks to price stability, it is necessary to add to the Eurosystem's monetary policy measures the PSPP as an instrument that features a high transmission potential to the real economy. Thanks to its portfolio re-balancing effect, the sizable purchase volume of the PSPP will contribute to achieving the underlying monetary policy objective of inducing financial intermediaries to increase their provision of liquidity to the interbank market and credit to the euro area economy.

               (5)

               The PSPP contains a number of safeguards to ensure that the envisaged purchases will be proportionate to its aims, and that the related financial risks have been duly taken into account in its design and will be contained through risk management. To allow for the smooth operation of markets in eligible marketable debt securities, and to avoid obstructing orderly debt restructurings, thresholds will apply to the purchases of those securities by the Eurosystem central banks.

               (6)

               The PSPP complies fully with the obligations of the Eurosystem central banks under the Treaties, including the monetary financing prohibition, and does not impair the operation of the Eurosystem in accordance with the principle of an open market economy with free competition.

               (7)

               In terms of the size of the PSPP, the ABSPP and the CBPP3, the liquidity provided to the market by the combined monthly purchases will amount to EUR 60 billion. Purchases are intended to be carried out until the end of September 2016 and will, in any case, be conducted until the Governing Council sees a sustained adjustment in the path of inflation which is consistent with its aim of achieving inflation rates below, but close to, 2 % over the medium term.

               (8)

               With a view to ensuring the effectiveness of the PSPP, the Eurosystem hereby clarifies that it accepts the same (pari passu) treatment as private investors as regards the marketable debt securities that the Eurosystem may purchase under the PSPP, in accordance with the terms of such instruments.

               (9)

               The purchases of eligible marketable debt instruments by the Eurosystem under the PSPP should be implemented in a decentralised manner, giving due regard to market price formation and market functioning considerations, and coordinated by the ECB, thereby safeguarding the singleness of the Eurosystem's monetary policy,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment and scope of PSPP
   The Eurosystem hereby establishes the PSPP under which the Eurosystem central banks shall purchase eligible marketable debt securities, as defined in Article 3, on the secondary markets, from eligible counterparties, as defined in Article 7, under specific conditions.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions apply:

               (1)

               ‘Eurosystem central bank’ means the ECB and the national central banks of the Member States whose currency is the euro (hereinafter the 'NCBs');

               (2)

               ‘recognised agency’ means an entity that the Eurosystem has classified as such for the purpose of the PSPP;

               (3)

               ‘international organisation’ means an entity within the meaning of Article 118 of Regulation (EU) No 575/2013 of the European Parliament and of the Council (1) and that the Eurosystem has classified as such for the purpose of the PSPP;

               (4)

               ‘multilateral development bank’ means an entity within the meaning of Article 117(2) of Regulation (EU) No 575/2013 and that the Eurosystem has classified as such for the purpose of the PSPP;

               (5)

               ‘positive outcome of a review’ means the later of the following two decisions: the decision by the Board of Directors of the European Stability Mechanism and, in case the International Monetary Fund co-finances the financial assistance programme, the Executive Board of the International Monetary Fund to approve the next disbursement under that programme, on the understanding that both decisions are necessary for the resumption of purchases under the PSPP.

         Lists of the entities referred to in points (2) to (4) are published on the ECB's website.
   Article 3
   Eligibility criteria for marketable debt securities
   1.   Subject to requirements laid down in this Article, euro-denominated marketable debt securities issued by central governments of a Member State whose currency is the euro, recognised agencies located in the euro area, international organisations located in the euro area and multilateral development banks located in the euro area shall be eligible for purchases by the Eurosystem central banks under the PSPP. In exceptional circumstances, where the envisaged purchase amount cannot be attained, the Governing Council may decide to purchase marketable debt securities issued by other entities located in the euro area, in accordance with the conditions laid down in paragraph 4.
   2.   In order to be eligible for purchases under the PSPP, marketable debt securities shall comply with the eligibility criteria for marketable assets for Eurosystem credit operations pursuant to Annex I to Guideline ECB/2011/14 (2), subject to the following requirements:

               (a)

               the issuer or guarantor of the marketable debt securities shall have a credit quality assessment of at least Credit Quality Step 3 in the Eurosystem's harmonised rating scale expressed in the form of at least one public credit rating provided by an external credit assessment institution (ECAI) accepted within the Eurosystem credit assessment framework;

               (b)

               if multiple ECAI issuer or ECAI guarantor ratings are available, the first-best rule shall apply, i.e. the best available ECAI issuer or guarantor rating shall apply. If the fulfilment of the credit quality requirements are established based on an ECAI guarantor rating, the guarantee shall fulfil the features of an acceptable guarantee as laid down in Section 6.3.2(c)(i) to (iv) of Annex I to Guideline ECB/2011/14;

               (c)

               if the credit assessment provided by an accepted ECAI for the issuer or guarantor does not comply with at least Credit Quality Step 3 in the Eurosystem's harmonised rating scale, marketable debt securities shall be eligible only if they are issued or fully guaranteed by the central governments of euro area Member States under a financial assistance programme and in respect of which the application of the Eurosystem's credit quality threshold is suspended by the Governing Council pursuant to Article 8 of Guideline ECB/2014/31 (3);

               (d)

               In the event of a review of an ongoing financial assistance programme, eligibility for PSPP purchases shall be suspended and shall resume only in the event of a positive outcome of the review.

         3.   In order to be eligible for purchases under the PSPP, debt securities, within the meaning of paragraphs 1 to 2, shall have a minimum remaining maturity of two years and a maximum remaining maturity of 30 years at the time of their purchase by the relevant Eurosystem central bank. In order to facilitate smooth implementation, marketable debt instruments with a remaining maturity of 30 years and 364 days shall be eligible under the PSPP. National central banks shall also carry out substitute purchases of marketable debt securities issued by international organisations and multilateral development banks if the envisaged amounts to be purchased in marketable debt securities issued by central governments and recognised agencies cannot be attained.
   4.   Eurosystem central banks may, in exceptional circumstances, propose to the Governing Council public non-financial corporations located in their jurisdiction as issuers of marketable debt instruments to be purchased as substitutes in case the envisaged amount to be purchased in marketable debt instruments issued by central governments or recognised agencies located in their jurisdiction cannot be attained. The proposed public non-financial corporations shall at least fulfil both of the following criteria:

               —

               be a ‘non-financial corporation’ as defined in Regulation (EU) No 549/2013 of the European Parliament and of the Council (4),

               —

               be a ‘public sector’ entity, meaning an entity within the meaning of Article 3 of Council Regulation (EC) No 3603/93 (5).

         Following approval by the Governing Council, euro-denominated marketable debt instruments issued by such public non-financial corporations located in the euro area which comply with (i) the eligibility criteria for marketable assets as collateral for Eurosystem credit operations, as per Section 6.2.1 of Annex I to Guideline ECB/2011/14; and (ii) the requirements in paragraphs 2 and 3 shall be eligible for purchases as substitutes under the PSPP.
   5.   In principle, purchases of nominal marketable debt instruments at a negative yield to maturity (or yield to worst) above the deposit facility rate are permissible.
   Article 4
   Limitations on the execution of purchases
   1.   To permit the formation of a market price for eligible securities, no purchases shall be permitted in a newly issued or tapped security and the marketable debt instruments with a remaining maturity that are close in time, before and after, to the maturity of the marketable debt instruments to be issued, over a period to be determined by the Governing Council (‘blackout period’). For syndications, the blackout period in question is to be respected on a best effort basis before the issuance.
   2.   For debt securities issued or fully guaranteed by the central governments of euro area Member States under a financial assistance programme, the period of purchases under the PSPP after a positive outcome of each programme review shall, as a rule, be limited to two months, unless there are exceptional circumstances justifying a suspension of purchases before or a continuation of purchases after such period and until the start of the next review.
   Article 5
   Purchase limits
   1.   Subject to Article 3, an issue share limit per international securities identification number shall apply under the PSPP to marketable debt securities fulfilling the criteria laid down in Article 3, after consolidating holdings in all of the portfolios of the Eurosystem central banks. The limit will initially be set at 25 %, for the first six months of purchases and subsequently reviewed by the Governing Council.
   2.   In case of debt securities referred to in Article 3(2)(c), a different issue share limit will apply.
   3.   Under the PSPP, an aggregate limit of 33 % of an issuer's outstanding securities shall apply to all eligible marketable debt securities in respect of the maturities defined in Article 3, after consolidating holdings in all of the portfolios of the Eurosystem central banks.
   Article 6
   Allocation of portfolios
   1.   Of the total value of purchased marketable debt securities eligible under PSPP, 12 % shall be purchased in securities issued by eligible international organisations and multilateral development banks, and 88 % shall be purchased in securities issued by eligible central governments and recognised agencies. This allocation is subject to revision by the Governing Council. Purchases in debt securities issued by eligible international organisations and multilateral development banks shall be conducted by NCBs only.
   2.   The NCBs' share of the total market value of purchases of marketable debt securities eligible under PSPP shall be 92 %, and the remaining 8 % shall be purchased by the ECB. The distribution of purchases across jurisdictions shall be according to the key for subscription of the ECB's capital as referred to in Article 29 of the Statute of the ESCB.
   3.   Eurosystem central banks shall apply a specialisation scheme for the allocation of marketable debt securities to be purchased under the PSPP. The Governing Council shall allow for ad hoc deviations from the specialisation scheme should objective considerations obstruct the achievement of the said scheme or otherwise render deviations advisable in the interests of attaining the overall monetary policy objectives of the PSPP. In particular, each NCB shall purchase eligible securities of issuers of its own jurisdiction. Securities issued by eligible international organisations and multilateral development banks may be purchased by all NCBs. The ECB shall purchase securities issued by central governments and recognised agencies of all jurisdictions.
   Article 7
   Eligible counterparties
   The following shall be eligible counterparties for the PSPP:

               (a)

               entities that fulfil the eligibility criteria to participate in Eurosystem monetary policy operations pursuant to Section 2.1 of Annex I to Guideline ECB/2011/14; and

               (b)

               any other counterparties that are used by Eurosystem central banks for the investment of their euro-denominated investment portfolios.

         Article 8
   Transparency
   1.   The Eurosystem shall publish on a weekly basis the aggregate book value of the securities held under the PSPP in the commentary of its consolidated weekly financial statement.
   2.   The Eurosystem shall publish on a monthly basis the weighted average residual maturity by issuer residence, separating international organisations and multilateral development banks from other issuers, of its PSPP holdings.
   3.   The book value of securities held under the PSPP shall be published on the ECB's website under the open market operations section on a weekly basis.
   Article 9
   Securities lending
   The Eurosystem shall make securities purchased under PSPP available for lending, including repos, with a view to ensuring the effectiveness of the PSPP.
   Article 10
   Final provision
   This Decision shall enter into force on the day following its publication on the ECB's website. It shall apply from 9 March 2015.

      Done at Nicosia, 4 March 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

      (2)  Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (OJ L 331, 14.12.2011, p. 1).

      (3)  Guideline ECB/2014/31 of 9 July 2014 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral and amending Guideline ECB/2007/9 (OJ L 240, 13.8.2014, p. 28).

      (4)  Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1).

      (5)  Council Regulation (EC) No 3603/93 of 13 December 1993 specifying definitions for the application of the prohibitions referred to in Articles 104 and 104b (1) of the Treaty (OJ L 332, 31.12.1993, p. 1).


title: Council Decision 2013/133/CFSP of 18 March 2013 appointing the European Union Special Representative for the Sahel

text:
               19.3.2013

               EN

               Official Journal of the European Union

               L 75/29

         COUNCIL DECISION 2013/133/CFSP
   of 18 March 2013
   appointing the European Union Special Representative for the Sahel
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               There is a need for a regional response by the Union to the complex and inter-related challenges in the Sahel.

               (2)

               Mr Michel Dominique REVEYRAND – DE MENTHON should be appointed as European Union Special Representative (EUSR) for the Sahel for the period until 28 February 2014.

               (3)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   1.   Mr Michel Dominique REVEYRAND – DE MENTHON is hereby appointed as the EUSR for the Sahel until 28 February 2014. The mandate of the EUSR may be extended or terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   2.   For the purposes of the EUSR’s mandate, the Sahel is defined as comprising the primary focus of the EU Strategy for Security and Development in the Sahel (the ‘Strategy’), namely Mali, Mauritania and Niger. For issues with broader regional implications, the EUSR shall engage with other countries and regional or international entities beyond the Sahel, as appropriate.
   3.   In view of the need for a regional approach to the inter-related challenges facing the region, the EUSR for the Sahel shall work in close consultation with other relevant EUSRs, including the EUSR for the Southern Mediterranean region, the EUSR for Human Rights and the EUSR to the African Union.
   Article 2
   Policy objectives
   1.   The mandate of the EUSR shall be based on the policy objective of the Union in relation to the Sahel to contribute actively to regional and international efforts to achieve lasting peace, security and development in the region. The EUSR shall furthermore aim to enhance the quality, intensity and impact of the Union’s multi-faceted engagement in the Sahel.
   2.   The EUSR shall contribute to developing and implementing the Union approach encompassing all aspects of Union action, in particular in the political, security and development areas, including the Strategy, and to coordinating all relevant instruments for Union actions.
   3.   Initial priority shall be given to Mali and to the regional dimensions of the conflict there.
   4.   Regarding Mali, the Union’s policy objectives aim, through the coordinated and effective use of all its instruments, to promote a return for Mali and its people to a path of peace, reconciliation, security and development.
   Article 3
   Mandate
   1.   In order to achieve the Union’s policy objectives in relation to the Sahel, the mandate of the EUSR shall be to:

               (a)

               actively contribute to the implementation, coordination and further development of the Union’s comprehensive approach to the regional crisis, on the basis of its Strategy, with a view to enhancing the overall coherence and effectiveness of Union activities in the Sahel, in particular in Mali;

               (b)

               engage with all relevant stakeholders of the region, governments, regional authorities, regional and international organisations, civil society and diasporas, with a view to furthering the Union’s objectives and contribute to a better understanding of the role of the Union in the Sahel;

               (c)

               represent the Union in relevant regional and international fora, including the Support and Follow-Up Group on the situation in Mali, and ensure visibility for Union support to crisis management and conflict prevention, including the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and the European Union CSDP mission in Niger (EUCAP Sahel Niger);

               (d)

               maintain close cooperation with the United Nations (UN), in particular the Special Envoy of the Secretary-General for the Sahel, and the Special Representative of the Secretary-General for West Africa, the African Union (AU), in particular the AU High Representative for Mali and the Sahel, the Economic Community of West African States (ECOWAS) and other leading national, regional and international stakeholders including other Special Envoys for the Sahel;

               (e)

               closely follow the regional and trans-boundary dimensions of the crisis, including terrorism, organised crime, arms smuggling, human trafficking, drug trafficking, refugee and migration flows and related financial flows; in close cooperation with the EU Counter-Terrorism Coordinator, contribute to the further implementation of the EU Counter-Terrorism Strategy;

               (f)

               maintain regular high-level political contacts with the countries in the region affected by terrorism and international crime in order to ensure a coherent and comprehensive approach and to ensure the Union’s key role in the international efforts to fight terrorism and international crime. This includes the Union’s active support to regional capacity-building in the security sector, and ensuring that the root causes of terrorism and international crime in the Sahel are adequately addressed;

               (g)

               closely follow the political and security consequences of humanitarian crises in the region;

               (h)

               with regard to Mali, contribute to regional and international efforts to facilitate the resolution of the crisis in Mali, in particular the adoption and implementation of the roadmap for the political transition, a free and transparent electoral process and a credible national inclusive dialogue;

               (i)

               promote institution building, security sector reform and long-term peace building and reconciliation in Mali;

               (j)

               cooperate with the EUSR for Human Rights in promoting respect for human rights and international humanitarian law and maintain regular contacts with relevant authorities in Mali and in the region, the Office of the Prosecutor of the International Criminal Court, the Office of the High Commissioner for Human Rights and the human rights defenders and observers in the region. Contribute to the implementation of the Union’s human rights policy including the EU Guidelines on human rights, and international humanitarian law, in particular the EU Guidelines on Children and Armed Conflict as well as EU guidelines on violence against women and girls and combating all forms of discrimination against them, the Updated European Union Guidelines on promoting compliance with international humanitarian law, the Revised Guidelines on the Protection of Civilians in CSDP Missions and Operations and the Union policy regarding the UN Security Council Resolution (UNSCR) 1325 (2000) on Women, Peace and Security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;

               (k)

               follow up and report on compliance with relevant UNSCRs, in particular 2056 (2012), 2071 (2012) and 2085 (2012).

         2.   For the purpose of the fulfilment of his mandate, the EUSR shall, inter alia:

               (a)

               advise and report on the formulation of Union positions in regional and international fora, as appropriate, in order to proactively promote and strengthen the Union’s comprehensive approach towards the crisis in the Sahel;

               (b)

               maintain an overview of all activities of the Union and cooperate closely with relevant Union delegations.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the responsibilities of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS).
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR until 28 February 2014 shall be EUR 1 350 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union, and the EEAS may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded to the EUSR shall be covered by the Member State concerned, the institution of the Union concerned or the EEAS. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   4.   The EUSR staff shall be co-located with the relevant EEAS departments or Union delegations in order to ensure coherence and consistency with regard to their respective activities.
   Article 7
   Privileges and immunities of the EUSR and staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (1).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, in particular by:

               (a)

               establishing a mission-specific security plan, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high-risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of the team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to that area;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and with the mandate implementation report.

         Article 11
   Reporting
   1.   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   2.   The EUSR shall report on the best way of pursuing Union initiatives, such as the contribution of the Union to reforms, and including the political aspects of relevant Union development projects, in coordination with Union delegations in the region.
   Article 12
   Coordination with other Union actors
   1.   In the framework of the Strategy, the EUSR shall contribute to the unity, consistency and effectiveness of the Union’s political and diplomatic action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives.
   2.   The activities of the EUSR shall be coordinated with those of Union delegations and of the Commission, as well as those of other EUSRs active in the region. The EUSR shall provide Member States’ missions and Union delegations in the region with regular briefings.
   3.   In the field, close liaison shall be maintained with the Heads of Union delegations and Member States’ Heads of Mission. The EUSR, in close cooperation with relevant Union delegations shall provide local political guidance to the Head of Mission of EUCAP Sahel Niger and Mission Commander of EUTM Mali. The EUSR, the Mission Commander of EUTM Mali and the Civilian Operation Commander of EUCAP Sahel Niger shall consult each other as required.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a progress report before the end of August 2013 and a comprehensive mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 March 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ L 141, 27.5.2011, p. 17.


title: 2009/507/EC,Euratom: Council Decision of 30 June 2009 appointing a new member of the Commission of the European Communities

text:
               2.7.2009

               EN

               Official Journal of the European Union

               L 172/34

      COUNCIL DECISION

   of 30 June 2009
   appointing a new member of the Commission of the European Communities
   (2009/507/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,
   Whereas:
   In a letter dated 25 June 2009, Ms Dalia GRYBAUSKAITĖ resigned from her post as a member of the Commission. She should be replaced for the remainder of her term of office,
   HAS ADOPTED THIS DECISION:
   Article 1
   Mr Algirdas Gediminas ŠEMETA is hereby appointed a member of the Commission for the period from 1 July 2009 to 31 October 2009.
   Article 2
   This Decision shall take effect on 1 July 2009.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 June 2009.

            For the Council

            The President

         J. KOHOUT


title: 2005/321/EC: Council Decision of 14 April 2005 concluding consultations with the Republic of Guinea under Article 96 of the Cotonou Agreement

text:
               23.4.2005

               EN

               Official Journal of the European Union

               L 104/33

      COUNCIL DECISION

   of 14 April 2005
   concluding consultations with the Republic of Guinea under Article 96 of the Cotonou Agreement
   (2005/321/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (1), and in particular, Article 96 thereof,
   Having regard to the Internal Agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (2) and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the Cotonou Agreement have been violated.

               (2)

               On 20 July 2004, pursuant to Article 96 of the Cotonou Agreement, consultations started with the ACP countries and the Republic of Guinea. On that occasion the Guinean authorities gave specific undertakings designed to remedy problems identified by the European Union and to implement them during a period of intensive dialogue lasting three months.

               (3)

               At the end of this period some substantive initiatives had been taken in respect of some of the undertakings referred to above and some undertakings had been met; nevertheless several important measures concerning essential elements of the Cotonou Agreement have not yet been taken,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Consultations with the Republic of Guinea pursuant to Article 96 of the Cotonou Agreement are hereby concluded.
   Article 2
   The measures specified in the annexed letter are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) of the Cotonou Agreement.
   Article 3
   This Decision shall enter into force on the day it is adopted. It shall be published in the Official Journal of the European Union.
   This Decision shall expire on 14 April 2008. It shall be reviewed regularly at least every six months.

      Done at Luxembourg, 14 April 2005.

            For the Council

            The President

         L. FRIEDEN

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

      (2)  OJ L 317, 15.12.2000, p. 376.

      ANNEX
      Sir,
      The European Union attaches great importance to the provisions of Article 9 of the Cotonou Agreement. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law; these being essential elements of the Agreement and thus forming the basis for relations between us.
      In this spirit, the European Union has been concerned by the deterioration of democracy and the rule of law, particularly after the constitutional referendum in 2001 and the parliamentary elections (2002) and presidential elections (2003). The European Union has also been concerned at the lack of respect for human rights and fundamental freedoms and the lack of good administrative, political, economic and financial governance.
      It considered that the political situation in Guinea constituted a violation of the essential elements set out in Article 9 of the Cotonou Agreement. In view of this Article and the political deadlock in Guinea, it decided on 31 March 2004 to open consultations under Article 96 of the Agreement in order to thoroughly review the situation and find a remedy if possible.
      These consultations began in Brussels on 20 July 2004. On that occasion several fundamental issues were addressed, and you were able to present your point of view and your analysis of the situation in your country. You also presented a memorandum containing an action plan for consolidating democracy, respect for human rights, the rule of law and good governance.
      Following the submission of that report a joint follow-up mission (EU Presidency and the Commission) went to Conakry and, in collaboration with EU Member States’ representatives on the spot, evaluated implementation of the undertakings.
      The European Union notes that the Guinean authorities showed great willingness both to continue and step up talks and to facilitate the EU follow-up mission. It also finds that you have taken promising initiatives in relation to some undertakings. In particular:

                  Your government has shown willingness to resume political dialogue with political representatives with a view to revising electoral arrangements. The official ceremony marking the resumption of dialogue took place on 31 August 2004 and an inter-party coordination office was set up to facilitate dialogue.

                  The Government confirmed its decision to organise local elections in June 2005 and to step up decentralisation. A number of draft legislative texts are being drawn up.

                  The Government has confirmed its decision to organise parliamentary elections within the time limits set by the Constitution, i.e. in June 2007. However, the Government is willing to consider the possibility of bringing forward the election date.

                  The Government also confirmed a timetable for liberalisation of the airwaves, which will take effect in June 2005.

                  Finally, the Government confirmed sectoral reforms in the field of macroeconomic management together with a timetable for implementation.

            These initiatives will undoubtedly improve respect for human rights and fundamental freedoms in your country. However, most of the undertakings are to be implemented over an extended period and it will be necessary to monitor the implementation of some of them over time, in particular in order to ensure the consolidation of democracy. In this connection, the European Union is anxious for the measures listed in your progress report on implementation of the memorandum of 30 September 2004 to be taken, in particular:

                  1.

                  Continuing national dialogue in order to review electoral arrangements and operational requirements in accordance with the Declaration on the Principles Governing Democratic Elections in Africa adopted by the African Union in Durban in 2002 (1), with a view to guaranteeing transparent and democratic electoral procedures.

                  2.

                  Continuing and consolidating the undertaking to comply with the laws on human rights and fundamental freedoms, in particular to allow political parties to exercise their rights and prerogatives to hold meetings, to demonstrate and to obtain access to State radio and television broadcasting.

                  3.

                  Liberalising the electronic media according to the timetable presented to the EU follow-up mission in October 2004 to allow private electronic media to be set up before the local elections.

                  4.

                  Organising local and parliamentary elections in line with the amended electoral arrangements.

                  5.

                  Continuing decentralisation.

                  6.

                  Continuing measures to enhance macroeconomic management and sectoral reforms.

            Following the consultations, and in the light of the undertakings given thus far and the measures still to be implemented, it has been decided that the following appropriate measures under Article 96(2)(c) of the Cotonou Agreement will be adopted.

                  1.

                  Cooperation financed from the unexpended balances of the sixth, seventh and eighth European Development Funds will continue for implementation of the undertakings given by Guinea in the context of these consultations, in particular decentralisation, liberalisation of the media and good economic governance.

                  2.

                  Cooperation financed from Envelope B of the ninth European Development Fund will also continue for implementation of the programmes directly aimed at improving the living conditions of the most disadvantaged sections of the population or victims of the subregional political crisis.

                  3.

                  Programmes to strengthen civil society (including non-organised forms), respect for and reinforcement of democracy, human rights and good governance and the emergence or consolidation of free media may also be supported.

                  4.

                  Contributions to regional projects will be considered on a case-by-case basis.

                  5.

                  Humanitarian operations, trade cooperation and trade-linked preferences will be continued.

                  6.

                  Support will be provided for preparation of the elections, either from the unexpended balances of the sixth, seventh and eighth European Development Funds or from Envelope B of the ninth European Development Fund once electoral arrangements guaranteeing a transparent and democratic electoral process based on the Declaration on the Principles Governing Democratic Elections in Africa have been established.

                  7.

                  Envelope A of the ninth EDF, has been reduced by EUR 65 million in line with the decision taken by the European Commission in the context of the mid-term reviews. The Cooperation Strategy and National Indicative Programme will be finalised with due regard for the situation in the country and these new financial perspectives. These documents will be signed and implemented once sufficient progress has been noted in the implementation of the undertakings given by Guinea, in particular as regards the preparation and holding of free and transparent local and parliamentary elections. The European Union will base its assessment on the following criteria in particular:

                              (a)

                              whether free and transparent local elections have been held and duly elected local authority executives have taken office;

                              (b)

                              whether electoral arrangements and operational requirements for parliamentary elections (including the date of the elections), based on the Declaration on the Principles Governing Democratic Elections in Africa have been established within the framework of political dialogue with the opposition forces.

            Regular reviews will have to be conducted by the Presidency of the European Union and the European Commission, the first to be held within the next six months.
      The European Union will continue monitoring the situation in Guinea closely for a period of 36 months. An enhanced political dialogue within the framework of Article 8 of the Cotonou Agreement will be conducted with your government with a view to consolidating democracy and the rule of law in particular through the holding of parliamentary elections as well as respect for human rights and fundamental freedoms.
      The European Union reserves the right to amend the appropriate measures should the undertakings given by the Guinean authorities increase in pace or, alternatively, break down.
      I have the honour to be, Sir, yours faithfully,

               For the Council

               For the Commission

         (1)  OAU/AU Declaration on the Principles Governing Democratic Elections in Africa, AHG Declaration 1 (XXXVIII).