title: EFTA Surveillance Authority Decision No 144/05/COL of 17 June 2005 amending, for the 50th time, the Procedural and Substantive Rules in the Field of State Aid, by re-enacting Chapter 17a: short-term export-credit insurance

text:
               10.11.2005

               EN

               Official Journal of the European Union

               L 294/9

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 144/05/COL
   of 17 June 2005
   amending, for the 50th time, the Procedural and Substantive Rules in the Field of State Aid, by re-enacting Chapter 17a: short-term export-credit insurance
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD to the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24 and Article 5(2)(b) thereof and Article 1 in Part I of Protocol 3 thereof,
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid;
   WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary;
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (3) adopted on 19 January 1994 by the EFTA Surveillance Authority (4);
   WHEREAS, on 11 December 2004, the Commission of the European Communities (5) published a communication concerning the prolongation of the Communication on short-term export-credit insurance (6);
   WHEREAS this communication is also of relevance for the European Economic Area;
   WHEREAS the rules corresponding to the Communication on short-term export-credit insurance were taken into Chapter 17A of the State Aid Guidelines;
   WHEREAS Chapter 17A of the State Aid Guidelines expired on 31 December 2004;
   WHEREAS a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area;
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the EC Commission, acts corresponding to those adopted by the EC Commission;
   HAVING consulted the EC Commission;
   RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in letters on the subject to Iceland, Liechtenstein and Norway dated 22 April 2005,
   HAS ADOPTED THIS DECISION:

               1.

               The State Aid Guidelines shall be amended by re-enacting Chapter 17A on short-term export-credit insurance. The re-enacted Chapter 17A of the State Aid Guidelines will be valid until 31 December 2005. Chapter 17A of the State Aid Guidelines is contained in the Annex to this Decision (7).

               2.

               The Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

               3.

               The EFTA States shall be informed by means of a letter, including a copy of this Decision and the Annex.

               4.

               The EC Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including the Annex.

               5.

               This Decision shall be authentic in the English language.

      Done at Brussels, 17 June 2005.

            For the EFTA Surveillance Authority

         Einar M. BULL

            President

         Bernd HAMMERMANN

            College Member

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Hereinafter referred to as the Surveillance and Court Agreement.

      (3)  Hereinafter referred to as the State Aid Guidelines.

      (4)  Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement, adopted and issued by the EFTA Surveillance Authority on 19 January 1994, published in OJ L 231, 3.9.1994, p. 1, and EEA Supplement to the OJ No 32, 3.9.1994, last amended by the Authority’s Decision No 371/04/COL, published in the OJ L 63, 10.3.2005, p. 29, and EEA Supplement to the OJ No 11, 10.3.2005; hereinafter the ‘State Aid Guidelines’.

      (5)  Hereinafter referred to as the EC Commission.

      (6)  Commission communication concerning the prolongation of the Communication from the Commission to the Member States pursuant to Article 93(1) of the EC Treaty applying Articles 92 and 93 of the Treaty to short-term export-credit insurance, published in OJ C 307, 11.12.2004, p. 12.

      (7)  The Annex to this Decision is not published in the Official Journal of the European Union. For a full text of the unchanged Chapter 17A of the State Aid Guidelines, please refer to the publication in OJ L 120, 23.4.1998, p. 27.


Avis juridique important

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31999D0593

1999/593/EC, ECSC, Euratom: Council and Commission Decision of 31 May 1999 on the conclusion of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part

Official Journal L 229 , 31/08/1999 P. 0001 - 0002

COUNCIL AND COMMISSION DECISIONof 31 May 1999on the conclusion of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part(1999/593/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 308, in conjunction with the second sentence of Article 300(2) and the second subparagraph of Article 300(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament(1),Having consulted the ECSC Consultative Committee and with the assent of the Council,Having regard to the approval of the Council given in accordance with Article 101 of the Treaty establishing the European Atomic Energy Community,(1) Whereas conclusion of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, signed on 21 June 1996 in Florence, will contribute to the achievement of the objectives of the European Communities;(2) Whereas the purpose of that Agreement is to strengthen the links established in particular by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and commercial and economic cooperation, signed on 18 December 1989 and approved by Decision 90/116/EEC(2);(3) Whereas certain obligations, provided for by the Partnership and Cooperation Agreement outside the scope of Community trade policy, affect or are likely to affect the arrangements laid down by Community acts adopted in the areas of the right of establishment, transport and the treatment of enterprises;(4) Whereas the said Agreement imposes on the European Community certain obligations regarding capital movements and payments between the Community and the Republic of Uzbekistan;(5) Whereas, in addition, in so far as the said Agreement affects Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States(3), and Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Members States(4), which are based on Article 94 of the Treaty establishing the European Community, that Article should be used as a legal basis;(6) Whereas certain provisions of the said Agreement impose on the Community obligations in the field of the provision of services which go beyond the crossborder framework;(7) Whereas for certain provisions of the said Agreement which are to be implemented by the Community, the Treaty establishing the European Community makes no provision for specific powers; whereas it is therefore necessary to resort to Article 308 of the Treaty establishing the European Community,HAVE DECIDED AS FOLLOWS:Article 1The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, together with the Protocol, Declarations and the Exchange of Letters, are hereby approved on behalf of the European Community, the European Coal and Steel Community and the European Atomic Energy Community.The texts are attached to this Decision.Article 21. The position to be taken by the Community within the Cooperation Council and within the Cooperation Committee when the latter is empowered to act by the Cooperation Council shall be laid down by the Council, on a proposal by the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community.2. In accordance with Article 79 of the Partnership and Cooperation Agreement, the President of the Council shall chair the Cooperation Council and shall present the Community's position. A representative of the Commission shall chair the Cooperation Committee in accordance with its rules of procedure and shall present the Community's position.3. The decision to publish the recommendations of the Cooperation Council and the Cooperation Committee in the Official Journal of the European Communities shall be taken on a case-by-case basis by the Council and the Commission.Article 3The President of the Council shall give the notification provided for in Article 101 of the Agreement on behalf of the European Community. The President of the Commission shall give such notification on behalf of the European Coal and Steel Community and the European Atomic Energy Community.Done at Brussels, 31 May 1999.For the CommissionThe PresidentJ. SANTERFor the CouncilThe PresidentO. SCHILY(1) OJ C 175, 21.6.1999, p. 432.(2) OJ L 68, 15.3.1990, p. 1.(3) OJ L 225, 20.8.1990, p. 1.(4) OJ L 225, 20.8.1990, p. 6.


title: Council Decision (CFSP) 2017/1424 of 4 August 2017 in support of OSCE activities to reduce the risk of illicit trafficking and excessive accumulation of small arms and light weapons and conventional ammunition in the former Yugoslav Republic of Macedonia and Georgia

text:
               5.8.2017

               EN

               Official Journal of the European Union

               L 204/82

         COUNCIL DECISION (CFSP) 2017/1424
   of 4 August 2017
   in support of OSCE activities to reduce the risk of illicit trafficking and excessive accumulation of small arms and light weapons and conventional ammunition in the former Yugoslav Republic of Macedonia and Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,
   Whereas:

               (1)

               On 15 and 16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of small arms and light weapons (‘SALW’) and their ammunition (‘EU SALW Strategy’). The EU SALW Strategy underlined that in order to minimise the risk posed by the illicit trade in and excessive accumulation of SALW, particular attention should be paid to the enormous accumulation of SALW stockpiled in some parts of Eastern and South-Eastern Europe, and the ways in which they are disseminated in conflict zones.

               (2)

               The EU SALW Strategy identifies among its objectives the fostering of effective multilateralism so as to forge mechanisms, whether international, regional or within the Union and its Member States, for countering the supply and destabilising spread of SALW and their ammunition. In its Action Plan, the EU SALW Strategy singles out the Organisation for Security and Co-operation in Europe (OSCE) as one of the regional organisations with which cooperation should be developed.

               (3)

               The EU SALW Strategy contains dedicated provisions on the support to be provided to the OSCE action to combat the illicit trade in SALW and their ammunition and the destruction of OSCE participating States' surplus stocks. In particular, the Union is participating in the efforts to reduce surplus stocks of SALW and conventional ammunition left over from the Cold War in Eastern Europe through cooperation with the OSCE whose help has been requested by participating States concerned.

               (4)

               In 2000, the OSCE participating States adopted the OSCE Document on SALW by which they committed themselves to combatting illicit trafficking of SALW in all its aspects. That Document also emphasises the destabilising effects that the excessive accumulation of SALW and its poor stockpile management and security can have on national, regional and international security.

               (5)

               Furthermore, in 2003, the OSCE participating States adopted the OSCE Document on Stockpiles of Conventional Ammunition (SCA) recognising thereby the security and safety risks posed by the excessive accumulation of conventional ammunition. In order to address these risks, they decided to establish a practical procedure for the provision of assistance for the destruction of surplus conventional ammunition and/or upgrading stockpile management and security practices.

               (6)

               The OSCE Documents on SALW and SCA identify destruction as the preferred method for the disposal of surplus SALW and conventional ammunition.

               (7)

               In 2016, the former Yugoslav Republic of Macedonia and Georgia addressed the OSCE participating States at the OSCE Forum for Security Cooperation with a request for assistance under the OSCE Documents on SALW and SCA in improving the security of SALW and the destruction of conventional ammunition.

               (8)

               The Union previously supported OSCE activities by means of Council Decision 2012/662/CFSP (1). The Decision, whose implementation ended in 2015, funded activities such as the destruction of SALW surpluses, improvement of security and management of weapons stockpiles, development of appropriate tools for record keeping of weapons, and enhancement of conventional arms transfer controls;

               (9)

               On 19 December 2016, the Council adopted Decision (CFSP) 2016/2356 (2). The new phase of the South-Eastern and Eastern Europe Clearinghouse for the Control of the Small Arms and Light Weapons (‘SEESAC’) project will build upon the achievements under Council Decision 2013/730/CFSP (3) while maintaining the holistic approach to tackling the threat posed by SALW in the region. In particular, the project will work to coordinate with initiatives in the former Yugoslav Republic of Macedonia seeking to increase stockpile management capacities of the police,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   For the purpose of promoting peace and security, and effective multilateralism at global and regional levels, the Union shall pursue the following objectives:

               —

               to enhance peace and security in the neighbourhood of the Union, by reducing the threat posed by the illicit trafficking and excessive accumulation of SALW and conventional ammunition in the OSCE region,

               —

               to support effective multilateralism at regional level by supporting the action of the OSCE to prevent the illicit trafficking and excessive accumulation of SALW and conventional ammunition.

         2.   In order to achieve the objective referred to in paragraph 1, the Union shall undertake the following measures:

               —

               reducing the risk of the illicit proliferation of SALW in the former Yugoslav Republic of Macedonia,

               —

               disposal of surplus ammunition in Georgia.

         A detailed description of the projects referred to in this paragraph is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (‘HR’) shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the projects referred to in Article 1(2) shall be carried out by the OSCE Secretariat.
   3.   The OSCE Secretariat shall perform its tasks under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the OSCE Secretariat.
   Article 3
   1.   The financial reference amount for the implementation of the project referred to in Article 1(2) shall be EUR 1 353 878,52.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the OSCE Secretariat. The financing agreement shall stipulate that the OSCE Secretariat has to ensure the visibility of the Union contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the OSCE Secretariat. These reports shall form the basis for the evaluation carried out by the Council. The Commission shall report on the financial aspects of the implementation of the projects referred to in Article 1(2).
   Article 5
   1.   This Decision shall enter into force on the date of its adoption.
   2.   This Decision shall expire 36 months after the date of conclusion of the financing agreement referred to in Article 3(3). However, this Decision shall expire 6 months after the date of its entry into force if that financing agreement has not been concluded by that time.

      Done at Brussels, 4 August 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  Council Decision 2012/662/CFSP of 25 October 2012 in support of activities to reduce the risk of illicit trade in, and excessive accumulation of, Small Arms and Light Weapons in the region covered by the Organisation for Security and Cooperation in Europe (OSCE) (OJ L 297, 26.10.2012, p. 29).

      (2)  Council Decision (CFSP) 2016/2356 of 19 December 2016 in support of SEESAC disarmament and arms control activities in South-East Europe in the framework of the EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition (OJ L 348, 21.12.2016, p. 60).

      (3)  Council Decision 2013/730/CFSP of 9 December 2013 in support of SEESAC disarmament and arms control activities in South East Europe in the framework of the EU Strategy to Combat the Illicit Accumulation and Trafficking of SALW and their Ammunition (OJ L 332, 11.12.2013, p. 19).

      ANNEX
      1.   Background
      In 2016, two OSCE participating States — the former Yugoslav Republic of Macedonia and Georgia — requested support for activities related to increased security for small arms and light weapons (SALW) and the disposal of surplus conventional ammunition.
      In 2016, the former Yugoslav Republic of Macedonia declared that it needed assistance to increase the physical and IT security of SALW and ammunition storage rooms in 15 border police stations (BPS) and one regional centre for border affairs (RCBA). Further, the request identified the need to increase the capacity of the Ministry of Internal Affairs (MoIA) by improving the stockpile management procedures of service weapons. The OSCE Mission to Skopje (OMSk) has provided continuous support to the MoIA in the security domain through facilitating cross-border joint exercises, organising training courses on fighting organised crime, green border observation, conducting face recognition, and profiling. Building upon the existing co-operation, the MoIA has identified the OMSk as a partner for implementing the security upgrades and capacity building.
      After the Cold War, the Ministry of Defence of Georgia was left with substantial stockpiles of Soviet-era conventional ammunition. Some of these stockpiles have been reduced as part of national efforts, as well as international and bilateral assistance projects. Thus, in 2005-2013 three projects were completed for the disposal of guided and unguided rockets with the support of the NATO Maintenance and Supply Agency and the US State Department. In 2007, 2011 and 2012, the OSCE and UNDP also supported projects for the utilisation, processing and disposal of the remaining surpluses of guided and unguided aircraft rockets and their hazardous components. Moreover, the OSCE provided assistance for the disposal of cluster munitions, bombs and artillery shells in 2012-2016.
      In 2016, Georgia submitted a new request for assistance to the OSCE Forum for Security Co-operation (FSC) for the disposal of 461 tonnes of surplus conventional ammunition, which includes 121 tonnes of artillery shells and 340 tonnes of bombs. Although the OSCE does not currently have a field presence in Georgia, the Organisation has a successful track record in implementing ammunition disposal projects in the country. The OSCE and Georgia have established a framework for co-operation by developing a ‘Programme for Demilitarisation Works of Outdated, Written off and Obsolete Ammunition Existing at the Military Bases in Georgia’. In April 2014, the OSCE Secretariat and Georgia signed a Memorandum of Understanding (MoU), which regulates additional details about the implementation of the Programme.
      As a continuation of the successful implementation of Decision 2012/662/CFSP, the current projects focus on further strengthening the national control over SALW and ammunition and assisting the former Yugoslav Republic of Macedonia and Georgia in meeting their international commitments in this area.
      2.   Overall objective
      To strengthen the security in the regions of South-Eastern Europe and the South Caucasus by reducing the threat from the uncontrolled proliferation of SALW and conventional ammunition.
      3.   Description of the projects
      The projects build upon the past and ongoing OSCE activities to reduce surplus stockpiles, improve security, and prevent the theft of SALW and ammunition, thus contributing to counter-terrorism efforts by enabling OSCE participating States to address one of the sources of supply to terrorist networks.
      3.1   Project 1: Reducing the risk of the illicit proliferation of SALW in the former Yugoslav Republic of Macedonia
      3.1.1   Objective
      To increase the capacity of the MoIA of the former Yugoslav Republic of Macedonia to secure its stockpiles of SALW and ammunition thereby reducing the risk for their illicit proliferation, including for terrorist purposes.
      3.1.2   Description
      In the request for assistance to the OSCE, the MoIA identified the vulnerability of storage rooms for SALW and ammunition in 15 BPS and one RCBA. The attack against the BPS near Gosince in April 2015, which resulted in the theft of weapons and ammunition, has triggered a comprehensive review of the security of SALW storage rooms in BPS. In response to the request for assistance, the OSCE Mission to Skopje conducted needs assessment, which included visits to all 15 BPS and the RCBA. The OSCE identified a number of challenges relating to the security of SALW in the these stations, including the need to improve the physical security of the existing storage rooms, to enhance the record-keeping procedures, to increase the capacity of the personnel for management of service and seized SALW, and to increase the capability of the MoIA to prevent proliferation of SALW from its stockpiles.
      3.1.3   Expected results
      With this activity the OSCE Mission to Skopje (OMSk) continues its efforts to build the capacities of the MoIA in the areas of fighting organised crime and terrorism. The project will contribute to the achievement of the following specific results:

                  Result 1: Increased physical and IT security of SALW and ammunition stockpiles in 15 BPS and one RCBA
                  Indicators:

                              —

                              15 BPS and one RCBA have SALW storage rooms with increased physical and IT protection.

                  Result 2: Increased capacity of MoIA to implement SALW stockpile management.
                  Indicators:

                              —

                              developed Standard Operating Procedures (SOPs) for management of service weapons,

                              —

                              one course to train trainers has been organised,

                              —

                              16 on-site training courses provided in 15 BPS and one RCBA provided.

            3.1.4   Project Implementation Team
      The project implementation team (PIT) will consist of a Law Enforcement Project Co-ordinator (LEPC) and a project assistant. The PIT will be responsible for the entire project cycle management, including establishing the legal, managerial, monitoring and verification frameworks, for effective achievement of the project results and reporting.
      3.1.5   Activities
      3.1.5.1   Tender documentation
      The documentation for the public tender for security upgrades of 15 BPS and one RCBA will be based on the construction design specifications, as provided in the national regulations and the OSCE best practices for storages of SALW and stockpiles of conventional ammunition. The OMSk will procure the services of a company to develop the construction design specifications. The selected supplier will elaborate and provide the OMSk and the MoIA with all relevant construction design documentation, ensuring that it is coordinated and approved by all national regulating authorities and compliant with the OSCE rules and procedures.
      3.1.5.2   Security upgrades
      The OMSk will develop the documentation required for an open competitive bidding and conduct the tender for construction works and provision of IT security equipment in accordance with the OSCE rules and regulations. The selected contractor will implement the security measures in accordance with the approved construction design. The PIT will organise the monitoring and technical supervision of the implementation of the security measures and verification of their compliance with the relevant technical requirements.
      3.1.5.3   Developing of SOPs for handling service weapons and ammunition
      The PIT will establish a working group composed of representatives from the OSCE and the relevant departments within MoIA, including the SALW Focal Point, Unit for Exploitation, Cryptology and CCTV, Construction Management Department, Legal Department, Sector for Border Affairs and Migration, and the Bureau for Public Safety. The working group will hold four meetings for the development of SOPs and will be supported by one national and one international expert. The SOPs will provide advice and guidance to the MoIA personnel on how to use the new technical and IT tools in a standardised way.
      3.1.5.4   Training
      The PIT will manage the development of a training manual on the new SOPs, including recruitment of an expert for its development, printing and dissemination to relevant MoIA staff, and translation into English. English copies will be disseminated to other OSCE Field Operations as well as the OSCE Secretariat in order to provide visibility and material for future reference.
      The PIT will organise a course to train trainers for 30 designated representatives from four Regional Centres for Border Affairs and eight Sectors for Internal Affairs, with the aim of increasing their knowledge of the use of the new security and IT systems in the refurbished storage rooms. Subsequently, the trained trainers will deliver countrywide training in their respective regional centres and sectors, thereby ensuring sustainability of the activity.
      3.1.5.5   Union visibility
      The goal of the visibility activities will be to publicise Union support by reducing the risks of the proliferation of weapons and ammunition through the activities implemented by the OSCE. Visibility events will focus on raising awareness among selected audiences as well as the general public on the implementation of specific activities within this project; their impact on the reduction of the threat from uncontrolled proliferation; and the overall stability of the region. The visibility activities will follow a visibility project plan. It is envisaged to develop several types of visibility materials in order to present the project results to the target audience. They will include roll-ups, banners, leaflets, photographic materials, video material as well as promotion of the results at visibility events.
      3.2   Project 2: Disposal of surplus ammunition in Georgia
      3.2.1   Objective
      To support the process of improving ammunition stockpile management in Georgia through the disposal of 461 tonnes of surplus ammunition.
      3.2.2   Description
      In 2016, Georgia requested assistance for the disposal of 461 tonnes of surplus conventional ammunition in compliance with the ‘Programme for Demilitarisation Works of Outdated, Written off and Obsolete Ammunitions Existing at the Military Bases in Georgia’ (‘the Programme’). As a follow-up on the OSCE projects implemented in 2007, 2011-2012, and 2014-2016, the OSCE Secretariat will support Georgia in its efforts to increase its capacity for ammunition stockpile management.
      3.2.3   Expected results
      Result 1: Reduction of the available surpluses of conventional ammunition in a safe and environmentally benign way.
      Indicators:

                  —

                  Disposal of 461 tonnes of surplus ammunition.

                  —

                  Signed implementation partner agreement.

                  —

                  Recruitment of project personnel.

                  —

                  Development of the Quality Assurance Programme.

                  —

                  Quarterly progress reports.

                  —

                  Quarterly environmental reports.

            3.2.4   Project implementation team
      The project implementation team (PIT) will consist of a project manager, a project assistant, one local consultant and two international consultants. The project manager will be an OSCE official under an existing contracted position. The project assistant, the local and international consultants will be contracted in line with the existing OSCE rules and regulations. The PIT will be responsible for setting the legal, managerial, monitoring and verification frameworks for effective achievement of project results and execution of a Quality Assurance Programme (QAP).
      3.2.5   Implementing partner
      Georgia has entrusted the implementation of the activities under the programme with the State Military Science-Technical Centre (‘DELTA’). DELTA possesses exclusive rights in Georgia for ammunition demilitarisation and ammunition destruction activities, which were granted by Decree No 321 of the Minister of Defence of Georgia in 2005. Since then, DELTA has been the implementing partner sub-contracted by all international organisations engaged in supporting disposal activities, including NATO, UNDP and the OSCE. Thus, in 2016 DELTA completed a project, supported by the OSCE, for the disposal of 620 tonnes of aircraft rockets, bombs and artillery shells.
      3.2.6   Activities
      3.2.6.1   Disposal of surplus ammunition
      DELTA has conducted research on the ammunition to be disposed of and developed technologies, instructions and documentation for the disposal process. In addition, DELTA has started the process of transporting 340 tonnes of surplus bombs from their storage location to the disposal facility in Phonichala, provided training to the project personnel and initiated the dismantling process. The explosive components will be disposed by open pit detonation at the Vaziani firing range. The disposal of 121 tonnes of artillery shells will take place at the Dedoplitskaro facility. DELTA is monitoring the environmental effects of the disposal operations by conducting monthly tests.
      3.2.6.2   Union visibility
      The visibility activities will focus on raising awareness among selected audiences as well as the general public on the implementation of the ammunition disposal operations and their impact for increasing stockpile management capacity in Georgia.
      4.   Beneficiaries
      The direct beneficiaries of the projects will be the national institutions of the former Yugoslav Republic of Macedonia and Georgia responsible for SALW, ammunition security and management. The project activities comply with the national strategies on SALW and ammunition and are aligned with the international commitment of both countries. The population of both countries, the population in South-Eastern Europe, the South Caucasus and the Union, that are at risk of the proliferation of SALW and ammunition, will also benefit indirectly from the project activities.
      5.   Duration
      The total estimated duration of the projects will be 36 months.
      6.   Technical implementing entity
      The overall technical implementation of this Decision will be entrusted to the OSCE Secretariat.
      7.   Steering Committee
      The Steering Committee for this project will be composed of a representative of the High Representative and of the implementing entity referred to in paragraph 6 of this Annex. The Steering Committee will review the implementation of this Decision regularly, at least once every 6 months, including by the use of electronic means of communication.
      8.   Reporting
      The OSCE Secretariat will provide narrative reports on a quarterly basis to review progress towards the completion of project results. The OSCE Secretariat will submit annual narrative and financial reports and a final report within 6 months of the end of the implementation period.
      9.   Estimated total cost of the projects and Union financial contribution
      The total estimated cost of the projects is EUR 1 353 878,52.


title: Decision (EU) 2017/1656 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Banking Authority for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/203

         DECISION (EU) 2017/1656 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Banking Authority for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Banking Authority for the financial year 2015,

               —

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

               —

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

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0072/2017),

               —

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

               —

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

               —

               having regard to Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (4), and in particular Article 64 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Economic and Monetary Affairs (A8-0079/2017),

               1.

               Approves the closure of the accounts of the European Banking Authority for the financial year 2015;

               2.

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

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 72.

      (2)  See footnote 1.

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

      (4)  OJ L 331, 15.12.2010, p. 12.

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


Avis juridique important

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31986D0454

86/454/EEC: Council Decision of 11 September 1986 on the conclusion of an Arrangement in the form of an Exchange of Letters with the United States of America amending the Arrangement of 21 October 1982 concerning trade in certain steel products

Official Journal L 262 , 13/09/1986 P. 0021

*****COUNCIL  DECISION  of 11 September 1986  on the conclusion of an Arrangement in the form of an Exchange of Letters with the United States of America amending the Arrangement of 21 October 1982 concerning trade in certain steel products  (86/454/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Community has concluded an Arrangement with the United States of America extending and amending the Arrangement of 21 October 1982 concerning trade in certain steel products (1);  Whereas these arrangements cover only exports from the Community as constituted on 31 December 1985;  Whereas the latter arrangement should be supplemented by an Arrangement on semi-finished iron and steel products, so as to make it possible to safeguard the essential interests of Community producers exporting the products in question to the United States market;  Whereas the Commission Decision pursuant to the European Coal and Steel Community Treaty concerning the conclusion of the Arrangement has received the assent of the Council in accordance with that Treaty; whereas, therefore, the abovementioned Arrangement should be approved to the extent that it relates to products covered by the European Economic Community Treaty,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Arrangement in the form of an Exchange of Letters with the United States of America amending the Arrangement of 21 October 1982 relating to trade in certain steel products, is hereby approved on behalf of the European Economic Community, to the extent to which this Arrangement relates to products covered by the EEC Treaty.  2. The text of the Arrangement is attached to this Regulation.  Article 2  The President of the Council is hereby authorized to designate the person empowered to carry out the Exchange of Letters for the purpose of binding the European Economic Community.  Done at Brussels, 11 September 1986.  For the Council  The President  G. HOWE  (1) OJ No L 355, 31. 12. 1985, p. 2.


Avis juridique important

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41979D1061

70/1061/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 10 December 1979 opening, allocating and providing for the administration of tariff quotas for certain steel products originating in developing countries

Official Journal L 328 , 24/12/1979 P. 0134 - 0139

++++DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  10 DECEMBER 1979  OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF TARIFF QUOTAS FOR CERTAIN STEEL PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES   ( 79/1061/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  1 . FROM 1 JANUARY TO 31 DECEMBER 1980 , THE DUTIES APPLICABLE IN ALL CUSTOMS AREAS OF THE COMMUNITY TO THE PRODUCTS LISTED IN ANNEX A SHALL BE COMPLETELY SUSPENDED WITHIN THE FRAMEWORK OF COMMUNITY TARIFF QUOTAS OF AMOUNTS WHICH SHALL BE EXPRESSED IN EUROPEAN UNITS OF ACCOUNT AND WHICH SHALL BE INDICATED AGAINST EACH PRODUCT IN COLUMN 3 OF THAT ANNEX .  2 . THESE TARIFF QUOTAS SHALL BE ENJOYED SOLELY BY PRODUCTS ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX B . HOWEVER , THOSE IMPORTS WHICH ALREADY ENJOY EXEMPTION FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE NINE MEMBER STATES OF THE COMMUNITY MAY NOT BE CHARGED AGAINST THESE TARIFF QUOTAS . FOR THE PURPOSES OF THE APPLICATION OF THIS DECISION , THE CONCEPT OF ORIGINATING PRODUCTS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF COUNCIL REGULATION ( EEC ) NO 802/68 OF 27 JUNE 1968 ON THE COMMON DEFINITION OF THE CONCEPT OF THE ORIGIN OF GOODS ( 1 ) .  3 . THE AMOUNT TO BE CHARGED IN RESPECT OF EACH COUNTRY OR TERRITORY REFERRED TO IN PARAGRAPH 2 AGAINST EACH OF THE TARIFF QUOTA AMOUNTS INDICATED IN COLUMN 5 OF ANNEX A SHALL BE LIMITED TO THE MAXIMUM AMOUNT GIVEN AS A PERCENTAGE IN COLUMN 4 OF ANNEX A AGAINST EACH CATEGORY OF PRODUCTS .  4 . ANY AMENDMENT TO ANNEX B , IN PARTICULAR BY THE ADDITION OF NEW COUNTRIES OR TERRITORIES ENJOYING TARIFF PREFERENCES , MAY ENTAIL A CORRESPONDING ADJUSTMENT TO THE MAXIMUM AMOUNTS EXPRESSED AS PERCENTAGES LAID DOWN IN COLUMN 4 OF ANNEX A AND TO THE TARIFF CEILINGS AND QUOTAS LAID DOWN RESPECTIVELY IN COLUMNS 3 AND 5 OF ANNEX A .  ARTICLE 2  1 . THE MEMBER STATES SHALL ADMINISTER THEIR TARIFF QUOTAS IN ACCORDANCE WITH THEIR OWN PROVISIONS IN THIS RESPECT .  2 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF IMPORTS OF THE SAID GOODS WHICH HAVE BEEN ENTERED FOR FREE CIRCULATION , ON THE BASIS OF THE CUSTOMS VALUE OF THE SAID GOODS , AND WHICH ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES REFERRED TO IN ARTICLE 1 ( 2 ) .  3 . GOODS MAY BE IMPORTED UNDER THE TARIFF QUOTA ONLY IF THE CERTIFICATE OF ORIGIN MENTIONED IN PARAGRAPH 2 IS PRESENTED BEFORE THE DATE ON WHICH CUSTOMS DUTIES ARE RE-INTRODUCED .  ARTICLE 3  EACH MEMBER STATE SHALL RE-INTRODUCE THE LEVYING OF DUTIES WHICH HAVE BEEN SUSPENDED IN RESPECT OF A COUNTRY OR TERRITORY MENTIONED IN ANNEX B AS SOON AS IT RECORDS THAT THE CHARGES AGAINST ITS NATIONAL QUOTA OF THE PRODUCTS CONCERNED ORIGINATING IN SUCH COUNTRY OR TERRITORY HAVE REACHED THE MAXIMUM AMOUNT LAID DOWN IN COLUMN 4 OF ANNEX A .  SUCH RE-INTRODUCTION SHALL BE NOTIFIED IMMEDIATELY TO THE COMMISSION , WHICH SHALL INFORM THE OTHER MEMBER STATES FORTHWITH . AT THE REQUEST OF A MEMBER STATE OR OF THE COMMISSION , THE POSSIBLE CONSEQUENCES OF SUCH A SITUATION ( WITH REGARD TO THE AGGREGATE APPEARING IN COLUMN 3 OF ANNEX A ) SHALL BE JOINTLY EXAMINED IMMEDIATELY .  AFTER THE QUOTAS OPENED UNDER THIS DECISION HAVE BEEN USED UP , COMMON CUSTOMS TARIFF DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION ORIGINATING IN THE COUNTRIES LISTED IN ANNEX C SHALL CONTINUE TO BE TOTALLY SUSPENDED .  ARTICLE 4  MEMBER STATES SHALL INFORM THE COMMISSION AT LEAST MONTHLY OF IMPORTS OF THE PRODUCTS IN QUESTION CHARGED AGAINST THEIR QUOTAS .  ARTICLE 5  MEMBER STATES , IN CLOSE COOPERATION WITH THE COMMISSION , SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT THE ABOVE PROVISIONS ARE APPLIED .  ARTICLE 6  THE MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY FOR THE IMPLEMENTATION OF THIS DECISION .  ARTICLE 7  FOR THE PURPOSES OF APPLYING THIS DECISION , THE PREFERENTIAL AMOUNTS EXPRESSED IN EUROPEAN UNITS OF ACCOUNT ( EUA ) SHALL BE CONVERTED INTO NATIONAL CURRENCIES AT THE FOLLOWING RATES :  1 EUA = 3,542536 DM  1 EUA = 49,02181 BFRS/LFRS  1 EUA = 3,534031 FL  1 EUA = 5,582935 FF  1 EUA = 677,143 LIT  1 EUA = 7,477003 DKR  1 EUA = 0,4419123 POUND IRL  1 EUA = 0,4402558 POUND  THE APPLICATION OF THESE RATES MAY NOT RESULT , IN TERMS OF NATIONAL CURRENCY , IN CHARGES AGAINST EACH OF THE QUOTAS CONCERNED BEING LOWER THAN THOSE RESULTING FROM THE CORRESPONDING MINIMUM OBLIGATIONS LAID DOWN FOR 1978 .  DONE AT BRUSSELS , 10 DECEMBER 1979 .  THE PRESIDENT  T . HUSSEY  ( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 1 .  ANNEX A  LIST OF PRODUCTS SUBJECT TO ZERO-DUTY TARIFF CEILINGS UNDER THE GENERALIZED TARIFF PREFERENCES GRANTED TO DEVELOPING COUNTRIES AND TERRITORIES  CCT HEADING NO ( 1 ) *DESCRIPTION ( 2 ) *AGGREGATE OF COLUMN 5 ( IN EUA ) ( 3 ) *MAXIMUM AMOUNT PER COUNTRY AND TERRITORY ( % ) ( 4 ) *VOLUME OF SHARES ALLOCATED TO MEMBER STATES ( IN EUA ) ( 5 ) *  73.08*IRON OR STEEL COILS FOR RE-ROLLING*12 695 890*35*GERMANY 3 491 505*  ****BENELUX 1 333 125*  ****FRANCE 2 412 310*  ****ITALY 1 903 960*  ****DENMARK 634 820*  ****IRELAND 126 965*  ****UNITED KINGDOM 2 793 205*  73.10*BARS AND RODS ( INCLUDING WIRE ROD ) , OF IRON OR STEEL , HOT-ROLLED , FORGED , EXTRUDED , COLD-FORMED OR COLD-FINISHED ( INCLUDING PRECISION-MADE ) ; HOLLOW MINING DRILL STEEL : *7 868 600*45*GERMANY 2 163 850*  ****BENELUX 826 205*  ****FRANCE 1 495 030*  ****ITALY 1 180 295*  ****DENMARK 393 435*  ****IRELAND 78 690*  ****UNITED KINGDOM 1 731 095*  *A . NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED****  *D . CLAD OR SURFACE-WORKED ( FOR EXAMPLE , POLISHED , COATED ) : ****  *I . NOT FURTHER WORKED THAN CLAD : ****  *A ) HOT-ROLLED OR EXTRUDED****  73.13*SHEETS AND PLATES , OF IRON OR STEEL , HOT-ROLLED OR COLD-ROLLED : *24 612 210*25*GERMANY 6 768 360*  ****BENELUX 2 584 280*  ****FRANCE 4 676 320*  ****ITALY 3 691 830*  ****DENMARK 1 230 610*  ****IRELAND 246 120*  ****UNITED KINGDOM 5 414 690*  *A . " ELECTRICAL " SHEETS AND PLATES****  *B . OTHER SHEETS AND PLATES : ****  *I . NOT FURTHER WORKED THAN HOT-ROLLED****  *II . NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF : ****  *B ) MORE THAN 1 MM BUT LESS THAN 3 MM****  *C ) 1 MM OR LESS****  *III . NOT FURTHER WORKED THAN BURNISHED , POLISHED OR GLAZED****  *IV . CLAD , COATED OR OTHERWISE SURFACETREATED : ****  *B ) TINNED****  *C ) ZINC-COATED OR LEAD-COATED****  *D ) OTHER ( FOR EXAMPLE , COPPER-PLATED , ARTIFICIALLY OXIDIZED , LACQUERED , NICKELPLATED , VARNISHED , CLAD , PARKERIZED , PRINTED ) ****  *V . OTHERWISE SHAPED OR WORKED : ****  *A ) CUT INTO SHAPES OTHER THAN RECTANGULAR SHAPES , BUT NOT FURTHER WORKED : ****  *2 . OTHER****  ANNEX B  LIST OF DEVELOPING COUNTRIES AND TERRITORIES ENJOYING GENERALIZED TARIFF PREFERENCES ( 1 )  I . INDEPENDENT COUNTRIES  660 AFGHANISTAN ( 2 )  208 ALGERIA  330 ANGOLA  528 ARGENTINA  453 BAHAMAS  640 BAHRAIN  666 BANGLADESH ( 2 )  469 BARBADOS  284 BENIN ( 2 )  675 BHUTAN ( 2 )  516 BOLIVIA  391 BOTSWANA ( 2 )  508 BRAZIL  676 BURMA  328 BURUNDI ( 2 )  302 CAMEROON  306 CENTRAL AFRICAN REPUBLIC ( 2 )  244 CHAD ( 2 )  512 CHILE  480 COLOMBIA  375 COMOROS  318 CONGO  436 COSTA RICA  448 CUBA  600 CYPRUS  460 DOMINICA  456 DOMINICAN REPUBLIC  500 ECUADOR  220 EGYPT  428 EL SALVADOR  310 EQUATORIAL GUINEA  334 ETHIOPIA ( 2 )  815 FIJI  314 GABON  252 GAMBIA ( 2 )  276 GHANA  473 GRENADA  416 GUATEMALA  260 GUINEA ( 2 )  257 GUINEA BISSAU  488 GUYANA  452 HAITI ( 2 )  424 HONDURAS  664 INDIA  700 INDONESIA  616 IRAN  612 IRAQ  272 IVORY COAST  464 JAMAICA  338 JIBUTI  628 JORDAN  696 KAMPUCHEA ( CAMBODIA )  346 KENYA  636 KUWAIT  684 LAOS ( 2 )  604 LEBANON  395 LESOTHO ( 2 )  268 LIBERIA  216 LIBYA  810 KIRIBATI  370 MADAGASCAR  386 MALAWI ( 2 )  701 MALAYSIA  667 MALDIVES ( 2 )  232 MALI ( 2 )  228 MAURITANIA  373 MAURITIUS  412 MEXICO  204 MOROCCO  366 MOZAMBIQUE  803 NAURU  672 NEPAL ( 2 )  432 NICARAGUA  240 NIGER ( 2 )  288 NIGERIA  652 NORTH YEMEN ( 2 )  649 OMAN  662 PAKISTAN  440 PANAMA  801 PAPUA NEW GUINEA  520 PARAGUAY  504 PERU  708 PHILIPPINES  644 QATAR  247 REPUBLIC OF CAPE VERDE  324 RWANDA ( 2 )  819 WESTERN SAMOA ( 2 )  311 SAO TOME AND PRINCIPE  632 SAUDI ARABIA  248 SENEGAL  355 SEYCHELLES AND DEPENDENCIES  264 SIERRA LEONE  706 SINGAPORE  806 SOLOMON ISLANDS  342 SOMALIA ( 2 )  728 SOUTH KOREA  656 SOUTH YEMEN ( 2 )  669 SRI LANKA  465 ST LUCIA  467 ST VINCENT  224 SUDAN ( 2 )  492 SURINAM  393 SWAZILAND  608 SYRIA  352 TANZANIA ( 2 )  680 THAILAND  280 TOGO  817 TONGA  472 TRINIDAD AND TOBAGO  212 TUNISIA  807 TUVALU  350 UGANDA ( 2 )  647 UNITED ARAB EMIRATES  236 UPPER VOLTA ( 2 )  524 URUGUAY  484 VENEZUELA  690 VIETNAM  048 YUGOSLAVIA  322 ZAIRE  378 ZAMBIA  II . COUNTRIES AND TERRITORIES  DEPENDENT OR ADMINISTERED , OR FOR WHOSE EXTERNAL RELATIONS MEMBER STATES OF THE COMMUNITY OR THIRD COUNTRIES ARE WHOLLY OR PARTLY RESPONSIBLE  808 AMERICAN OCEANIA ( 3 )  802 AUSTRALIAN OCEANIA ( CHRISTMAS ISLAND , COCOS  ( KEELING ) ISLANDS , HEARD ISLAND AND MCDONALD ISLANDS , NORFOLK ISLAND )  421 BELIZE  413 BERMUDA  357 BRITISH INDIAN OCEAN TERRITORY  703 BRUNEI  463 CAYMAN ISLANDS  529 FALKLAND ISLANDS AND DEPENDENCIES  822 FRENCH POLYNESIA  044 GIBRALTAR  740 HONG KONG  743 MACAO  377 MAYOTTE  476 NETHERLANDS ANTILLES  809 NEW CALEDONIA AND DEPENDENCIES  816 NEW HEBRIDES  814 NEW ZEALAND OCEANIA ( TOKELAU AND NIUE ISLANDS ; COOK ISLANDS )  810 PITCAIRN  890 POLAR REGIONS ( FRENCH SOUTHERN AND ANTARCTIC TERRITORIES , AUSTRALIAN ANTARCTIC TERRITORIES , BRITISH ANTARCTIC TERRITORIES )  329 ST HELENA AND DEPENDENCIES  454 TURKS AND CAICOS ISLANDS  457 VIRGIN ISLANDS OF THE UNITED STATES  811 WALLIS AND FUTUNA ISLANDS  451 WEST INDIES  NOTE : THE ABOVE LISTS MAY BE AMENDED SUBSEQUENTLY TO TAKE ACCOUNT OF CHANGES IN THE INTERNATIONAL STATUS OF COUNTRIES OR TERRITORIES .  ( 1 ) THE CODE NUMBER PRECEDING THE NAME OF EACH BENEFICIARY COUNTRY OR TERRITORY OR TERRITORY IS THAT GIVEN IN " GEONOMENCLATURE 1980 " ( REGULATION ( EEC ) NO 2566/79 - OJ NO L 294 , 21 . 11 . 1979 , P . 5 ) .  ( 2 ) THIS COUNTRY IS ALSO INCLUDED IN ANNEX C .  ( 3 ) AMERICAN OCEANIA INCLUDES : GUAM , AMERICAN SAMOA  ( INCLUDING SWAIN'S ISLAND ) , MIDWAY ISLANDS , JOHNSTON AND SAND ISLANDS , WAKE ISLAND AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS ( THE CAROLINE , MARIANAS AND MARSHALL ISLANDS ) .  ANNEX C  LIST OF LEAST DEVELOPED DEVELOPING COUNTRIES  660 AFGHANISTAN  666 BANGLADESH  284 BENIN  675 BHUTAN  391 BOTSWANA  328 BURUNDI  306 CENTRAL AFRICAN REPUBLIC  244 CHAD  334 ETHIOPIA  252 GAMBIA  260 GUINEA  452 HAITI  684 LAOS395 LESOTHO  386 MALAWI  667 MALDIVES  232 MALI  672 NEPAL  240 NIGER  652 NORTH YEMEN  324 RWANDA  819 WESTERN SAMOA  342 SOMALIA  656 SOUTH YEMEN  224 SUDAN  352 TANZANIA  350 UGANDA  236 UPPER VOLTA


Avis juridique important

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32003D0194(01)

2004/327/EC: Decision No 194 of 17 December 2003 concerning the uniform application of Article 22(1)(a)(i) of Council Regulation (EEC) No 1408/71 in the Member State of stay (Text with relevance for the EEA and for the EU/Switzerland Agreement)

Official Journal L 104 , 08/04/2004 P. 0127 - 0128

Decision No 194of 17 December 2003concerning the uniform application of Article 22(1)(a)(i) of Council Regulation (EEC) No 1408/71 in the Member State of stay(Text with relevance for the EEA and for the EU/Switzerland Agreement)(2004/327/EC)THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community(1), pursuant to which the Administrative Commission is responsible for dealing with all administrative matters and questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Articles 22, 25 and 31 of Regulation (EEC) No 1408/71 concerning benefits in kind during a temporary stay in a Member State other than the competent State,Whereas:(1) On 27 June 2003, the Commission adopted a proposal for a regulation(2) amending Regulation (EEC) No 1408/71 and Council Regulation (EEC) No 574/72(3) concerning the alignment of rights and the simplification of procedures. The purpose of this proposal for a Regulation is to align the rights of all categories of insured persons so that they are entitled to all benefits in kind which become medically necessary during a stay on the territory of another Member State, taking account of the nature of the benefits and the length of the stay(4).(2) According to Decisions Nos 189, 190 and 191 of the Administrative Commission(5), the European health insurance card will start to replace form E 111 as of 1 June 2004.(3) According to Article 22(1)(a)(i), Article 25(1)(a) and Article 31(1)(a) of Regulation (EEC) No 1408/71 and Articles 21, 26 and 31 of Regulation (EEC) No 574/72, as amended by the Commission's proposal for a regulation of 27 June 2003(6), an insured person is entitled, on the basis of the European health insurance card or its equivalent, to receive benefits in kind which become medically necessary, taking account of the nature of these benefits and the length of stay. These benefits will be granted in accordance with the provisions in force in the Member State of stay and in accordance with the prices or systems applicable in that Member State.(4) The institution in the place of stay has the right to reimbursement from the competent institution of benefits in kind granted on the basis of a valid European health card or a valid equivalent. This reimbursement obligation was referred to in Article 2 of Decision No 189.(5) According to Articles 21, 26 and 31 of Regulation (EEC) No 574/72, as amended by the aforementioned Commission proposal for a regulation, insured persons for whom benefits in kind become medically necessary during a temporary stay in another Member State can approach health-care providers directly without first contacting the social security institution in the place of stay.(6) It is therefore necessary to define the scope of Article 22(1)(a)(i), Article 25(1)(a) and Article 31(1)(a), as amended by the aforementioned proposal for a regulation, with a view to adopting criteria ensuring that these provisions are applied in a uniform and balanced way by health care providers. These clarifications do not apply in situations where the aim of the temporary stay is to receive medical treatment.(7) The criteria set out in Article 22(1)(a)(i), Article 25(1)(a) and Article 31(1)(a), as amended by the Commission's proposal, cannot be interpreted in such a way that chronic or existing illnesses are excluded. The Court of Justice ruled(7) that the concept of "necessary treatment" cannot be interpreted "as meaning that those benefits are limited solely to cases where the treatment provided has become necessary because of a sudden illness. In particular, the circumstance that the treatment necessitated by developments in the insured person's state of health during his temporary stay in another Member State may be linked to a pre-existent pathology of which he is aware, such as a chronic illness, does not mean that the conditions for the application of these provisions are not fulfilled",HAS DECIDED AS FOLLOWS:1. Benefits in kind which become medically necessary and which are granted to a person staying temporarily in another Member State, are covered by the provisions of Article 22(1)(a)(i), Article 25(1)(a) and Article 31(1)(a) with a view to preventing an insured person from being forced to return before the end of the planned duration of stay to the competent State to obtain the treatment he/she requires.The purpose of benefits of this type is to enable the insured person to continue his/her stay under safe medical conditions, taking account of the planned length of the stay.However, the situation where the aim of the temporary stay is to receive medical treatment, is not covered by these provisions.2. In order to determine whether a benefit in kind meets the requirements set out in Article 22(1)(a)(i), Article 25(1)(a) and Article 31(1)(a), only medical factors within the context of a temporary stay, taking into account the medical condition and past history of the person considered, shall be considered.3. This Decision shall be published in the Official Journal of the European Union. It shall come into force on the first day of the month following its publication but shall not have effect until 1 June 2004.The Chairman of the Administrative CommissionGiuseppe Miccio(1) OJ L 149, 5.7.1971, p. 2.(2) COM(2003) 378 final.(3) OJ L 74, 27.3.1972, p. 1.(4) A policy agreement on this proposal was concluded at the Council meeting of 20 October 2003.(5) OJ L 276, 27.10.2003.(6) See footnote 2.(7) Case C-326/00 Ioannidis judgment of 25 February 2003.


Important legal notice

|

31989Y1115(01)

Decision No 138 of 17 February 1989 concerning the interpretation of Article 22 (1) (c) (i) of Regulation (EEC) No 1408/71 in the case of organ transplants or other forms of surgery requiring tests on biological samples while the person concerned is not present in the Member State where the tests are carried out

Official Journal C 287 , 15/11/1989 P. 0003 - 0004

		Decision No 138of 17 February 1989concerning the interpretation of Article 22 (1) (c) (i) of Regulation (EEC) No 1408/71 in the case of organ transplants or other forms of surgery requiring tests on biological samples while the person concerned is not present in the Member State where the tests are carried out(89/C 287/04)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 of Council of Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Council of Regulation (EEC) No 1408/71 and subsequent Regulations;Whereas Article 22 (1) (c) of Regulation (EEC) No 1408/71 refers to the case of an insured person going to the territory of the Member State to which he has been authorized to go for treatment;Whereas in certain cases tests on biological samples that are indispensable before and/or after an organ transplant or other forms of surgery can be carried out only in the Member State to which the person concerned has been authorized by the competent institution to go for treatment but are not carried out during the stay of the person concerned in the territory of that Member State;Whereas these tests on biological samples form an integral part of the whole range of pre- and post-operative examinations, of the surgery and of all the services provided pursuant to the legislation of the Member State to which the insured person has been authorized to go and whereas all the costs pertaining to these benefits must be borne by the competent institution;Whereas, consequently, the interpretation of Article 22 (1) (c) of Regulation (EEC) No 1408/71 should be clarified to specify that it also covers the tests on biological samples carried out in a Member State other than the competent State before and/or after an organ transplant or surgery duly authorized by the competent institution, even if such tests are not carried out during the stay of the person concerned in the territory of the other Member State;Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. Tests on biological samples carried out by a Member State other than the competent State which are duly authorized by the competent institution shall be covered by Article 22 (1) (c) of Regulation (EEC) No 1408/71, even if these tests are not carried out during the stay of the person concerned in the territory of the other Member State.2. In this case the competent institution shall use form E 112 to authorize the tests and the dispatch of biological samples to the other Member State.Upon agreement between the competent institution and the institution of the place of stay, form E 112 and the biological samples must be sent to the hospital ordering the tests.3. This Decision shall be published in the Official Journal of the European Communities. It shall be applicable from the first day of the fourth month following its publication.The Chairman of the Administrative CommissionB. Díez Rodríguez--------------------------------------------------


title: Council Decision of 13 May 2011 on the conclusion of an Agreement in the form of a Protocol between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part

text:
               6.7.2011

               EN

               Official Journal of the European Union

               L 177/1

         COUNCIL DECISION
   of 13 May 2011
   on the conclusion of an Agreement in the form of a Protocol between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part
   (2011/398/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with point (a)(v) of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 24 February 2006 the Council authorised the Commission to open negotiations with partners in the Mediterranean region in order to establish a dispute settlement mechanism related to trade provisions.

               (2)

               Negotiations have been conducted by the Commission in consultation with the committee appointed under Article 207 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               These negotiations have been concluded and an Agreement in the form of a Protocol (the Protocol) between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (1) was initialled on 9 December 2009.

               (4)

               The Protocol was signed on behalf of the Union on 11 February 2011.

               (5)

               The Protocol should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement in the form of a Protocol between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (the Protocol) is hereby approved on behalf of the Union.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 23 of the Protocol (2).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 129, 15.5.2002, p. 3.

      (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---

               6.7.2011

               EN

               Official Journal of the European Union

               L 177/3

         PROTOCOL
   between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part
   THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
   of the one part,
   and
   THE HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’,
   of the other part,
   HAVE AGREED AS FOLLOWS:
   CHAPTER I

      OBJECTIVE AND SCOPE

   Article 1
   Objective
   The objective of this Protocol is to avoid and settle any trade dispute between the Parties with a view to arrive at, where possible, a mutually agreed solution.
   Article 2
   Application of the Protocol
   1.   The provisions of this Protocol apply with respect to any difference concerning the interpretation and application of the provisions of Title II (with the exception of Article 23) of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (hereafter ‘the Association Agreement’), except as otherwise expressly provided (1). Article 97 of the Association Agreement applies to disputes relating to the application and interpretation of other provisions of the Association Agreement.
   2.   The procedures of this Protocol shall apply if, 60 days after a dispute has been referred to the Association Council pursuant to Article 97 of the Association Agreement, the Association Council has failed to settle the dispute.
   3.   For the purposes of paragraph 2, a dispute shall be deemed to be resolved when the Association Council has taken a decision as provided for in Article 97(2) of the Association Agreement, or when it has declared that there is no longer a dispute.
   CHAPTER II

      CONSULTATIONS AND MEDIATION

   Article 3
   Consultations
   1.   The Parties shall endeavour to resolve any difference regarding the interpretation and application of the provisions referred to in Article 2 by entering into consultations in good faith with the aim of reaching a prompt, equitable and mutually agreed solution.
   2.   A Party shall seek consultations by means of a written request to the other Party, copied to the subcommittee ‘industry, trade, services and investment promotion’, identifying any measure at issue and the provisions of the Association Agreement that it considers applicable.
   3.   Consultations shall be held within 40 days of the date of receipt of the request and take place, unless the Parties agree otherwise, on the territory of the Party complained against. The consultations shall be deemed concluded within 60 days of the date of receipt of the request, unless both Parties agree to continue consultations. Consultations, in particular all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
   4.   Consultations on matters of urgency, including those regarding perishable or seasonal goods shall be held within 15 days of the date of receipt of the request, and shall be deemed concluded within 30 days of the date of receipt of the request.
   5.   If the Party to which the request is made does not respond to the request for consultations within 10 working days of the date of its receipt, or if consultations are not held within the time-frames laid down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no agreement has been reached on a mutually agreed solution, the complaining Party may request the establishment of an arbitration panel in accordance with Article 5.
   Article 4
   Mediation
   1.   If consultations fail to produce a mutually agreed solution, the Parties may, by mutual agreement, seek recourse to a mediator. Any request for mediation must be made in writing to the subcommittee ‘industry, trade, services and investment promotion’ and state any measure which has been the subject of consultations as well as the mutually agreed terms of reference for the mediation. Each Party undertakes to accord sympathetic consideration to requests for mediation.
   2.   Unless the Parties agree on a mediator within five working days of the date of receipt of the request for mediation, the chairpersons of the subcommittee ‘industry, trade, services and investment promotion’, or the chairpersons’ delegate, shall select by lot a mediator from the pool of individuals who are on the list referred to in Article 19 and are not nationals of either Party. The selection shall be made within 10 working days of the date of receipt of the request for mediation. The mediator will convene a meeting with the Parties no later than 30 days after being selected. The mediator shall receive the submissions of each Party no later than 15 days before the meeting and may request additional information from the Parties or from experts or technical advisors as she or he deems necessary. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. The mediator shall notify an opinion no later than 45 days after having been selected.
   3.   The mediator’s opinion may include a recommendation on how to resolve the dispute consistent with the provisions referred to in Article 2. The mediator’s opinion is non-binding.
   4.   The Parties may agree to amend the time limits referred to in paragraph 2. The mediator may also decide to amend these time limits upon request of any of the Parties, given the particular difficulties experienced by the Party concerned or the complexities of the case.
   5.   The proceedings involving mediation, in particular the mediator’s opinion and all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
   6.   If the Parties agree, procedures for mediation may continue while the arbitration procedure proceeds.
   7.   Replacement of a mediator shall take place only for the reasons and according to the procedures detailed in rules 18 to 21 of the Rules of Procedure.
   CHAPTER III

      DISPUTE SETTLEMENT PROCEDURES

      SECTION I

         Arbitration procedure

   Article 5
   Initiation of the arbitration procedure
   1.   Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 3, or by recourse to mediation as provided for in Article 4, the complaining Party may request the establishment of an arbitration panel.
   2.   The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the subcommittee ‘industry, trade, services and investment promotion’. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 2. The establishment of an arbitration panel shall be requested no later than 18 months from the date of receipt of the request for consultations, without prejudice to the rights of the complaining Party to request new consultations on the same matter in the future.
   Article 6
   Establishment of the arbitration panel
   1.   An arbitration panel shall be composed of three arbitrators.
   2.   Within 10 working days of the date of receipt by the Party complained against of the request for the establishment of an arbitration panel, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.
   3.   In the event that the Parties are unable to agree on its composition within the time-frame laid down in paragraph 2, either Party may request the chairpersons of the subcommittee ‘industry, trade, services and investment promotion’, or the chairpersons’ delegate, to select all three members by lot from the list established under Article 19, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure.
   4.   The chairpersons of the subcommittee ‘industry, trade, services and investment promotion’, or the chairpersons’ delegate, shall select the arbitrators within five working days of the request referred to in paragraph 3 by either Party.
   5.   The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.
   6.   Replacement of arbitrators shall take place only for the reasons and according to the procedures detailed in rules 18 to 21 of the Rules of Procedure.
   Article 7
   Interim panel report
   The arbitration panel shall issue an interim report to the Parties setting out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes, not later than 120 days from the date of establishment of the arbitration panel. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 15 days of its notification. The findings of the final panel ruling shall include a discussion of the arguments made at the interim review stage.
   Article 8
   Arbitration panel ruling
   1.   The arbitration panel shall notify its ruling to the Parties and to the subcommittee ‘industry, trade, services and investment promotion’ within 150 days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the subcommittee ‘industry, trade, services and investment promotion’ in writing, stating the reasons for the delay and the date on which the panel plans to conclude its work. Under no circumstances should the ruling be notified later than 180 days from the date of the establishment of the arbitration panel.
   2.   In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to notify its ruling within 75 days from the date of its establishment. Under no circumstance should it take longer than 90 days from its establishment. The arbitration panel shall give a preliminary ruling within 10 days of its establishment on whether it deems the case to be urgent.
   3.   The arbitration panel shall, at the request of both Parties, suspend its work at any time for a period agreed by the Parties not exceeding 12 months and shall resume its work at the end of this agreed period at the request of the complaining Party. If the complaining Party does not request the resumption of the arbitration panel’s work before the expiry of the agreed suspension period, the procedure shall be terminated. The suspension and termination of the arbitration panel’s work are without prejudice to the rights of either Party in another proceeding on the same matter.

      SECTION II

         Compliance

   Article 9
   Compliance with the arbitration panel ruling
   Each Party shall take any measure necessary to comply with the arbitration panel ruling, and the Parties will endeavour to agree on the period of time to comply with the ruling.
   Article 10
   The reasonable period of time for compliance
   1.   No later than 30 days after the receipt of the notification of the arbitration panel ruling to the Parties, the Party complained against shall notify the complaining Party and the subcommittee ‘industry, trade, services and investment promotion’ of the time it will require for compliance (reasonable period of time), if immediate compliance is not possible.
   2.   If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the receipt of the notification made under paragraph 1 by the Party complained against, request in writing the arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the subcommittee ‘industry, trade, services and investment promotion’. The arbitration panel shall notify its ruling to the Parties and to the subcommittee ‘industry, trade, services and investment promotion’ within 30 days from the date of the submission of the request.
   3.   The reasonable period of time may be extended by mutual agreement of the Parties.
   Article 11
   Review of any measure taken to comply with the arbitration panel ruling
   1.   The Party complained against shall notify the other Party and the subcommittee ‘industry, trade, services and investment promotion’ before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.
   2.   In the event that there is disagreement between the Parties concerning the existence or the consistency of any measure notified under paragraph 1 with the provisions referred to in Article 2, the complaining Party may request, in writing, the arbitration panel to rule on the matter. Such request shall identify the specific measure at issue and it shall explain how such measure is inconsistent with the provisions referred to in Article 2. The arbitration panel shall notify its ruling within 90 days of the date of the submission of the request. In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall notify its ruling within 45 days of the date of the submission of the request.
   Article 12
   Temporary remedies in case of non-compliance
   1.   If the Party complained against fails to notify any measure taken to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that the measure notified under Article 11(1) is inconsistent with that Party’s obligations under the provisions referred to in Article 2, the Party complained against shall, if so requested by the complaining Party, present an offer for temporary compensation. The complaining Party may request such an offer also before the expiry of the reasonable period of time.
   2.   If no agreement on compensation is reached within 30 days after the end of the reasonable period of time or of the arbitration panel ruling under Article 11 that a measure taken to comply is inconsistent with the provisions referred to in Article 2, the complaining Party shall be entitled, upon notification to the other Party and to the subcommittee ‘industry, trade, services and investment promotion’, to suspend obligations arising from any provision referred to in Article 2 at a level equivalent to the nullification or impairment caused by the violation. In adopting such measures the complaining Party shall take into consideration their impact on the economy of the Party complained against. The complaining Party may implement the suspension 10 working days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 3.
   3.   If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request, in writing, the arbitration panel to rule on the matter. Such request shall be notified to the other Party and to the subcommittee ‘industry, trade, services and investment promotion’ before the expiry of the period of 10 working days referred to in paragraph 2. The arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its ruling on the level of the suspension of obligations to the Parties and to the institutional body responsible for trade matters within 30 days of the date of the submission of the request. Obligations shall not be suspended until the arbitration panel has notified its ruling, and any suspension shall be consistent with the arbitration panel ruling.
   4.   The suspension of obligations shall be temporary and shall be applied only until any measure found to be inconsistent with the provisions referred to in Article 2 has been withdrawn or amended so as to bring it into conformity with those provisions, as established under Article 13, or until the Parties have agreed to settle the dispute.
   Article 13
   Review of any measure taken to comply after the suspension of obligations
   1.   The Party complained against shall notify the other Party and the subcommittee ‘industry, trade, services and investment promotion’ of any measure it has taken to comply with the ruling of the arbitration panel and of its request for an end to the suspension of obligations applied by the complaining Party.
   2.   If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 2 within 30 days of the date of receipt of the notification, the complaining Party shall request, in writing, the arbitration panel to rule on the matter. Such request shall be notified simultaneously to the other Party and to the subcommittee ‘industry, trade, services and investment promotion’. The arbitration panel ruling shall be notified to the Parties and to the subcommittee ‘industry, trade, services and investment promotion’ within 45 days of the date of the submission of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 2, the suspension of obligations shall be terminated.

      SECTION III

         Common provisions

   Article 14
   Mutually agreed solution
   The Parties may reach a mutually agreed solution to a dispute under this Protocol at any time. They shall notify the subcommittee ‘industry, trade, services and investment promotion’ and the arbitration panel of any such solution. Upon notification of the mutually agreed solution, the panel shall terminate its work and the procedure shall be terminated.
   Article 15
   Rules of Procedure
   1.   Dispute settlement procedures under Chapter III of this Protocol shall be governed by the Rules of Procedure annexed to this Protocol.
   2.   Any meeting of the arbitration panel shall be open to the public in accordance with the Rules of Procedure, unless the Parties agree otherwise.
   Article 16
   Information and technical advice
   1.   At its own initiative, or at the request of a Party, the arbitration panel may obtain information it deems appropriate for the arbitration panel proceeding. In particular, the arbitration panel has the right to seek the relevant opinion of experts. The arbitration panel shall consult the Parties before choosing such experts. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments.
   2.   Interested persons established in the Parties are authorised to submit amicus curiae briefs to the arbitration panels in accordance with the Rules of Procedure.
   Article 17
   Rules of interpretation
   Any arbitration panel shall interpret the provisions referred to in Article 2 in accordance with customary rules of interpretation of public international law, including the Vienna Convention on the Law of Treaties. The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided in the provisions referred to in Article 2.
   Article 18
   Arbitration panel decisions and ruling
   1.   The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. However, in no case dissenting opinions of arbitrators shall be published.
   2.   Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations to physical or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of the Association Agreement and the basic rationale behind any findings and conclusions that it makes. The subcommittee ‘industry, trade, services and investment promotion’ shall make the arbitration panel ruling publicly available in its entirety unless it decides not to do so in order to ensure the confidentiality of business confidential information.
   CHAPTER IV

      GENERAL PROVISIONS

   Article 19
   Lists of arbitrators
   1.   The subcommittee ‘industry, trade, services and investment promotion’ shall, no later than six months after the entry into force of this Protocol, establish a list of at least 15 individuals who are willing and able to serve as arbitrators. Each of the Parties shall propose at least five individuals to serve as arbitrators. The two Parties shall also select at least five individuals that are not nationals of either Party and who shall act as chairperson to the arbitration panel. The subcommittee ‘industry, trade, services and investment promotion’ will ensure that the list is always maintained at this level.
   2.   Arbitrators shall have specialised knowledge or experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct annexed to this Protocol.
   3.   The subcommittee ‘industry, trade, services and investment promotion’ may establish additional lists of at least 15 individuals having a sectoral expertise in specific matters covered by the Association Agreement. When recourse is made to the selection procedure of Article 6(2), the chairpersons of the subcommittee ‘industry, trade, services and investment promotion’ may use a sectoral list upon agreement of both Parties.
   Article 20
   Relation with WTO obligations
   1.   Recourse to the dispute settlement provisions of this Protocol shall be without prejudice to any action in the WTO framework, including dispute settlement action.
   2.   However, where a Party has, with regard to a particular measure, instituted a dispute settlement proceeding, either under this Protocol or under the WTO Agreement, it may not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has ended. In addition, a Party shall not seek redress for the breach of an obligation which is identical under the Association Agreement and under the WTO Agreement in the two forums. In such case, once a dispute settlement proceeding has been initiated, the Party shall not bring a claim seeking redress for the breach of the identical obligation under the other agreement to the other forum, unless the forum selected fails for procedural or jurisdictional reasons to make findings on the claim seeking redress of that obligation.
   3.   For the purposes of paragraph 2,

               —

               dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s request for the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO (DSU) and are deemed to be ended when the Dispute Settlement Body adopts the Panel’s report, and the Appellate Body’s report as the case may be, under Articles 16 and 17(14) of the DSU,

               —

               dispute settlement proceedings under this Protocol are deemed to be initiated by a Party’s request for the establishment of an arbitration panel under Article 5(1) and are deemed to be ended when the arbitration panel notifies its ruling to the Parties and to the subcommittee ‘industry, trade, services and investment promotion’ under Article 8.

         4.   Nothing in this Protocol shall preclude a Party from implementing the suspension of obligations authorised by the Dispute Settlement Body of the WTO. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations under this Protocol.
   Article 21
   Time limits
   1.   All time limits laid down in this Protocol, including the limits for the arbitration panels to notify their rulings, shall be counted in calendar days from the day following the act or fact to which they refer, unless otherwise specified.
   2.   Any time limit referred to in this Protocol may be modified by mutual agreement of the Parties. The Parties undertake to accord sympathetic consideration to requests for extensions of any time limit by reason of difficulties faced by any Party in complying with the procedures of this Protocol. Upon request of a Party, the arbitration panel may modify the time limits applicable in the proceedings, taking into account the different level of development of the Parties.
   Article 22
   Review and modification of the Protocol
   1.   After the entry into force of this Protocol and its Annexes, the Association Council may at any time review their implementation, with a view to decide their continuation, modification or termination.
   2.   In this review, the Association Council may consider the possibility of creating an Appellate Body common to several Euro-Mediterranean Agreements.
   3.   The Association Council may decide to modify this Protocol and its Annexes.
   Article 23
   Entry into force
   This Protocol will be approved by the Parties in accordance with their own procedures. This Protocol shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in this Article have been completed.

      Done at Brussels, in duplicate, on the eleventh day of February in the year two thousand and eleven, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

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

         За Хашемитско кралство Йордания
         Por el Reino Hachemí de Jordania
         Za Jordánské hášimovské království
         For Det Hashemitiske Kongerige Jordan
         Für das Haschemitische Königreich Jordanien
         Jordaania Hašimiidi Kuningriigi nimel
         Για το Χασεμιτικό Βασίλειο της Ιορδανίας
         For the Hashemite Kingdom of Jordan
         Pour le Royaume hachémite de Jordanie
         Per il Regno hashemita di Giordania
         Jordānijas Hāšimītu Karalistes vārdā –
         Jordanijos Hašimitų Karalystės vardu
         A Jordán Hásimita Királyság részéről
         Għar-Renju Ħaxemita tal-Ġordan
         Voor het Hasjemitisch Koninkrijk Jordanië
         W imieniu Jordańskiego Królestwa Haszymidzkiego
         Pelo Reino Hachemita da Jordânia
         Pentru Regatul Hașemit al Iordaniei
         Za Jordánske hášimovské kráľovstvo
         Za Hašemitsko kraljevino Jordanijo
         Jordanian hašemiittisen kuningaskunnan puolesta
         För Hashemitiska konungariket Jordanien

      (1)  The provisions of this Protocol are without prejudice to Article 34 of the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.
   ANNEXES

                  ANNEX I:

               RULES OF PROCEDURE FOR ARBITRATION

                  ANNEX II:

               CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS