# Official Journal L 273/2006

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 273 |
| | |
| English edition | Legislation | Volume 494 October 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 273

English edition

Legislation

Volume 494 October 2006

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1464/2006 of 3 October 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1465/2006 of 3 October 2006 amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies | 3 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1464/2006 of 3 October 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1465/2006 of 3 October 2006 amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies

3

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 3 October 2006 temporarily authorising Spain to approve for marketing seed of the species Pinus radiata and planting stock produced from this seed imported from New Zealand which does not satisfy the requirements of Council Directive 1999/105/EC in respect of identification and labelling
  (notified under document number C(2006) 4320) | 5 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 3 October 2006 temporarily authorising Spain to approve for marketing seed of the species Pinus radiata and planting stock produced from this seed imported from New Zealand which does not satisfy the requirements of Council Directive 1999/105/EC in respect of identification and labelling
  (notified under document number C(2006) 4320)

Pinus radiata

(notified under document number C(2006) 4320)

5

| | | Acts adopted under Title V of the Treaty on European Union |
| --- | --- | --- |
| | * | Council Decision 2006/666/CFSP of 15 September 2006 concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel | 8 |
| Exchange of Letters concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel | 9 |

Acts adopted under Title V of the Treaty on European Union

*

Council Decision 2006/666/CFSP of 15 September 2006 concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel

8

Exchange of Letters concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel

9

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts whose publication is obligatory

| 4.10.2006 | EN | Official Journal of the European Union | L 273/1 |
| --- | --- | --- | --- |

4.10.2006

EN

Official Journal of the European Union

L 273/1

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COMMISSION REGULATION (EC) No 1464/2006

of 3 October 2006

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 4 October 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 October 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

1

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ANNEX

to Commission Regulation of 3 October 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 83,7 |
| 096 | 38,6 |
| 999 | 61,2 |
| 0707 00 05 | 052 | 114,4 |
| 999 | 114,4 |
| 0709 90 70 | 052 | 79,3 |
| 999 | 79,3 |
| 0805 50 10 | 052 | 52,2 |
| 388 | 61,8 |
| 524 | 71,4 |
| 528 | 49,6 |
| 999 | 58,8 |
| 0806 10 10 | 052 | 83,9 |
| 400 | 177,6 |
| 624 | 139,2 |
| 999 | 133,6 |
| 0808 10 80 | 388 | 86,9 |
| 400 | 95,0 |
| 508 | 74,9 |
| 512 | 85,3 |
| 720 | 74,9 |
| 800 | 137,1 |
| 804 | 98,8 |
| 999 | 93,3 |
| 0808 20 50 | 052 | 102,9 |
| 388 | 80,3 |
| 720 | 63,6 |
| 999 | 82,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

83,7

096

38,6

999

61,2

0707 00 05

052

114,4

999

114,4

0709 90 70

052

79,3

999

79,3

0805 50 10

052

52,2

388

61,8

524

71,4

528

49,6

999

58,8

0806 10 10

052

83,9

400

177,6

624

139,2

999

133,6

0808 10 80

388

86,9

400

95,0

508

74,9

512

85,3

720

74,9

800

137,1

804

98,8

999

93,3

0808 20 50

052

102,9

388

80,3

720

63,6

999

82,3

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘
  999
  ’ stands for ‘of other origin’.

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| 4.10.2006 | EN | Official Journal of the European Union | L 273/3 |
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4.10.2006

EN

Official Journal of the European Union

L 273/3

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COMMISSION REGULATION (EC) No 1465/2006

of 3 October 2006

amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 and the second paragraph of Article 24 thereof,

Whereas:

| (1) | Commission Regulation (EEC) No 2131/93 (2) lays down in particular the price conditions to be met when selling products on the Community market. |
| --- | --- |

(1)

Commission Regulation (EEC) No 2131/93 (2) lays down in particular the price conditions to be met when selling products on the Community market.

| (2) | Products held in intervention storage are intended first and foremost for food and feed uses, to take account of specific situations on the cereals market. However, the quantity and quality of the products in intervention storage may, temporarily and occasionally, make it necessary to dispose of them for other purposes, in particular to meet the Community’s undertakings, where the situation of stocks so warrants and where supply to traditional food markets is not threatened. |
| --- | --- |

(2)

Products held in intervention storage are intended first and foremost for food and feed uses, to take account of specific situations on the cereals market. However, the quantity and quality of the products in intervention storage may, temporarily and occasionally, make it necessary to dispose of them for other purposes, in particular to meet the Community’s undertakings, where the situation of stocks so warrants and where supply to traditional food markets is not threatened.

| (3) | The rise in processing cereals to produce biofuels for use in Community transport forms part of a raft of measures designed to meet the Community’s environmental commitments. Promoting the use of biofuels may therefore open a new market for agricultural products held in intervention storage in the Member States, provided that prices applicable to the sale of cereals reflect this specific market in biofuels. Nonetheless, purchasing cereals to produce bioethanol and its use as a biofuel may prove particularly difficult. Provision should therefore be made for selling intervention stocks at special prices in such cases. |
| --- | --- |

(3)

The rise in processing cereals to produce biofuels for use in Community transport forms part of a raft of measures designed to meet the Community’s environmental commitments. Promoting the use of biofuels may therefore open a new market for agricultural products held in intervention storage in the Member States, provided that prices applicable to the sale of cereals reflect this specific market in biofuels. Nonetheless, purchasing cereals to produce bioethanol and its use as a biofuel may prove particularly difficult. Provision should therefore be made for selling intervention stocks at special prices in such cases.

| (4) | Intervention stocks of cereals are sold on the Community market according to availability and market conditions. Sales may be influenced by or dependent upon specific or exceptional circumstances on those markets, and must therefore be able to take account of such situations. To this end, provision should be made for prices that avoid market disturbances and ensure that sales reflect the above circumstances. This twofold objective can be achieved if the selling price is equal to the price on the market concerned, account being taken of the quality of the cereals put up for sale by tender and of transport costs. |
| --- | --- |

(4)

Intervention stocks of cereals are sold on the Community market according to availability and market conditions. Sales may be influenced by or dependent upon specific or exceptional circumstances on those markets, and must therefore be able to take account of such situations. To this end, provision should be made for prices that avoid market disturbances and ensure that sales reflect the above circumstances. This twofold objective can be achieved if the selling price is equal to the price on the market concerned, account being taken of the quality of the cereals put up for sale by tender and of transport costs.

| (5) | In the interests of sound management of the cereals intervention scheme, the information to be communicated by Member States to the Commission should be clarified. This information should be sent by electronic means. |
| --- | --- |

(5)

In the interests of sound management of the cereals intervention scheme, the information to be communicated by Member States to the Commission should be clarified. This information should be sent by electronic means.

| (6) | Regulation (EEC) No 2131/93 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulation (EEC) No 2131/93 should therefore be amended accordingly.

| (7) | The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman, |
| --- | --- |

(7)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2131/93 is hereby amended as follows:

| 1. | Article 5 is replaced by the following:

  ‘Article 5

  1.   For the resale of cereals on the Community market, tenders shall be drawn up on the basis of the actual quality of the lot to which they apply. The following additional conditions shall apply:






  (a) | in the case of resale of maize and grain sorghum during the first three months of the marketing year and of common wheat, durum wheat, rye and barley during the first two months of the marketing year, successful tenders shall quote a price at least equal to the intervention price applicable for the 11th month of the preceding marketing year, plus one monthly increase fixed for that year; |
| --- | --- | --- |

1.

Article 5 is replaced by the following:

‘Article 5

1.   For the resale of cereals on the Community market, tenders shall be drawn up on the basis of the actual quality of the lot to which they apply. The following additional conditions shall apply:

(a)

in the case of resale of maize and grain sorghum during the first three months of the marketing year and of common wheat, durum wheat, rye and barley during the first two months of the marketing year, successful tenders shall quote a price at least equal to the intervention price applicable for the 11th month of the preceding marketing year, plus one monthly increase fixed for that year;

| (b) | in the case of resale during the rest of the marketing year, tenders may in no circumstances be lower than the intervention price applicable on the closing date for the submission of tenders. However, the intervention prices to be taken into account during the 12th month of the marketing year shall be those applicable for the 11th month, plus one monthly increase. |
| --- | --- |

(b)

in the case of resale during the rest of the marketing year, tenders may in no circumstances be lower than the intervention price applicable on the closing date for the submission of tenders. However, the intervention prices to be taken into account during the 12th month of the marketing year shall be those applicable for the 11th month, plus one monthly increase.

For successful tenders, the minimum selling price shall be fixed at a level that does not distort the cereals markets and that is at least equal to the price recorded for an equivalent quality and for a representative quantity on the market at the place of storage or, failing that, on the nearest market, account being taken of transport costs.

2.   Notwithstanding paragraph 1, sales on the Community market may be organised on the basis of specific invitations to tender for the processing of cereals into bioethanol and the use of this bioethanol to produce biofuels in the Community, provided that supply to traditional food markets is not threatened. In such cases, the minimum selling price shall be at least equal to the price recorded for an equivalent quality and for a representative quantity on the market of products used to produce biofuels, account being taken of transport costs.

3.   If during the marketing year there are distortions in the common organisation of the market, in particular due to difficulties in selling cereals at the prices which comply with paragraph 1, or in cases of exceptional circumstances, sales on the Community market may be organised on the basis of specific invitations to tender under special conditions and selling prices fixed in accordance with the procedure set out in Article 25 of Regulation (EC) No 1784/2003.’

| 2. | The following Article 12a is added:

  ‘Article 12a

  Each Member State shall forward by electronic means the representative market price expressed in national currency, per tonne, of every cereal listed in Article 5(1) of Regulation (EC) No 1784/2003 by 12.00 (Brussels time) every Wednesday. These prices must be calculated regularly, independently and transparently.
  Member States shall indicate in particular the qualitative properties of each cereal, the stage of marketing and the place of quotation.’ |
| --- | --- |

2.

The following Article 12a is added:

‘Article 12a

Each Member State shall forward by electronic means the representative market price expressed in national currency, per tonne, of every cereal listed in Article 5(1) of Regulation (EC) No 1784/2003 by 12.00 (Brussels time) every Wednesday. These prices must be calculated regularly, independently and transparently.

Member States shall indicate in particular the qualitative properties of each cereal, the stage of marketing and the place of quotation.’

| 3. | Article 13(1) is deleted. |
| --- | --- |

3.

Article 13(1) is deleted.

Article 2

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

It shall apply to resales organised as of the 2006/2007 marketing year.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 October 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

2

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II Acts whose publication is not obligatory

Commission

| 4.10.2006 | EN | Official Journal of the European Union | L 273/5 |
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4.10.2006

EN

Official Journal of the European Union

L 273/5

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COMMISSION DECISION

of 3 October 2006

temporarily authorising Spain to approve for marketing seed of the species Pinus radiata and planting stock produced from this seed imported from New Zealand which does not satisfy the requirements of Council Directive 1999/105/EC in respect of identification and labelling

(notified under document number C(2006) 4320)

(Only the Spanish text is authentic)

(2006/665/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (1), and in particular Article 18(1) thereof,

Having regard to the request by Spain,

Whereas:

| (1) | In Spain the production of seed and planting stock produced from seed of the species Pinus radiata which satisfies the requirements for reproductive material, as provided for in Directive 1999/105/EC, is at present insufficient to meet the demand of end users. The necessary reproductive material cannot be supplied by other Member States. |
| --- | --- |

(1)

In Spain the production of seed and planting stock produced from seed of the species Pinus radiata which satisfies the requirements for reproductive material, as provided for in Directive 1999/105/EC, is at present insufficient to meet the demand of end users. The necessary reproductive material cannot be supplied by other Member States.

| (2) | New Zealand is in a position to supply a sufficient amount of reproductive material of the species concerned intended for the production of planting. However, that seed does not comply with Directive 1999/105/EC as regards identification and labelling. |
| --- | --- |

(2)

New Zealand is in a position to supply a sufficient amount of reproductive material of the species concerned intended for the production of planting. However, that seed does not comply with Directive 1999/105/EC as regards identification and labelling.

| (3) | In order to cover the shortage, Spain should be authorised, for a limited period of time, to approve for marketing seed and planting stock produced from seed of the species Pinus radiata which satisfies less stringent requirements with respect to identification and labelling. |
| --- | --- |

(3)

In order to cover the shortage, Spain should be authorised, for a limited period of time, to approve for marketing seed and planting stock produced from seed of the species Pinus radiata which satisfies less stringent requirements with respect to identification and labelling.

| (4) | Such seed and planting stock should be marketed with a document containing certain details regarding its identification. |
| --- | --- |

(4)

Such seed and planting stock should be marketed with a document containing certain details regarding its identification.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

1.   Until 31 December 2006, Spain is authorised to approve for marketing, in accordance with the requirements set out in the Annex, 400 kg of seed of Pinus radiata, provenance New Zealand, which is intended for the production of planting stock and which does not satisfy in respect of identification and labelling the requirements provided for in Articles 13 and 14 of Directive 1999/105/EC.

2.   Until 31 December 2011, Spain is authorised to approve for marketing, in accordance with the requirements set out in the Annex, planting stock which has been produced from seed, as referred to in paragraph 1, and which does not satisfy in respect of identification and labelling the requirements provided for in Articles 13 and 14 of Directive 1999/105/EC.

Article 2

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 3 October 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  
  OJ L 11, 15.1.2000, p. 17.

1

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ANNEX

Identification and labelling of seed and planting stock

| 1. | Information required for identification purposes:






  (a) | identification code for the basic material if available; |
| --- | --- | --- |

1.

(a)

identification code for the basic material if available;

| (b) | botanical name; |
| --- | --- |

(b)

botanical name;

| (c) | category; |
| --- | --- |

(c)

category;

| (d) | purpose; |
| --- | --- |

(d)

purpose;

| (e) | type of basic material; |
| --- | --- |

(e)

type of basic material;

| (f) | whether it is genetically modified; |
| --- | --- |

(f)

whether it is genetically modified;

| (g) | region of provenance or identity code; |
| --- | --- |

(g)

region of provenance or identity code;

| (h) | origin if appropriate, whether the origin of the material is autochthonous or indigenous, non-autochthonous or non-indigenous, or unknown; |
| --- | --- |

(h)

origin if appropriate, whether the origin of the material is autochthonous or indigenous, non-autochthonous or non-indigenous, or unknown;

| (i) | provenance or geographical location defined by latitudinal and longitudinal range; |
| --- | --- |

(i)

provenance or geographical location defined by latitudinal and longitudinal range;

| (j) | altitude or altitudinal range; |
| --- | --- |

(j)

altitude or altitudinal range;

| (k) | year of ripening. |
| --- | --- |

(k)

year of ripening.

| 2. | Information to be included on the supplier’s label or document:






  (a) | the information under point 1 and in addition; |
| --- | --- | --- |

2.

(a)

the information under point 1 and in addition;

| (b) | name of supplier; |
| --- | --- |

(b)

name of supplier;

| (c) | quantity supplied; |
| --- | --- |

(c)

quantity supplied;

| (d) | statement that the seed and planting stock produced from this seed satisfies less stringent requirements than those provided for in Articles 13 and 14 of Directive 1999/105/EC. |
| --- | --- |

(d)

statement that the seed and planting stock produced from this seed satisfies less stringent requirements than those provided for in Articles 13 and 14 of Directive 1999/105/EC.

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Acts adopted under Title V of the Treaty on European Union

| 4.10.2006 | EN | Official Journal of the European Union | L 273/8 |
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4.10.2006

EN

Official Journal of the European Union

L 273/8

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COUNCIL DECISION 2006/666/CFSP

of 15 September 2006

concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

| (1) | On 7 June 2006, the Council adopted Joint Action 2006/407/CFSP (1) amending and extending Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) for a further period of three months until 15 September 2006. |
| --- | --- |

(1)

On 7 June 2006, the Council adopted Joint Action 2006/407/CFSP (1) amending and extending Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) for a further period of three months until 15 September 2006.

| (2) | On that date the Council also adopted Decision 2006/448/CFSP (2) concerning the extension for three months, until 15 September 2006, of the Agreement between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel. |
| --- | --- |

(2)

On that date the Council also adopted Decision 2006/448/CFSP (2) concerning the extension for three months, until 15 September 2006, of the Agreement between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel.

| (3) | On 21 July 2006 the Government of Indonesia invited the European Union (EU) to extend the mandate of the AMM for a final period of three months until 15 December 2006. |
| --- | --- |

(3)

On 21 July 2006 the Government of Indonesia invited the European Union (EU) to extend the mandate of the AMM for a final period of three months until 15 December 2006.

| (4) | The extension of the Agreement in the form of an Exchange of Letters for a period of three months until 15 December 2006 should be approved on behalf of the European Union, |
| --- | --- |

(4)

The extension of the Agreement in the form of an Exchange of Letters for a period of three months until 15 December 2006 should be approved on behalf of the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

The extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel for a period of three months until 15 December 2006 is hereby approved on behalf of the European Union.

The text of the Exchange of Letters agreeing to the extension is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Exchange of Letters in order to bind the European Union (3).

Article 3

This Decision shall be published in the Official Journal of the European Union.

Article 4

This Decision shall take effect on the day of its adoption.

Done at Brussels, 15 September 2006.

For the Council

The President

E. TUOMIOJA

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(1)  
  OJ L 158, 10.6.2006, p. 20.

1

(2)  
  OJ L 176, 30.6.2006, p. 107.

2

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

3

Official Journal of the European Union

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EXCHANGE OF LETTERS

concerning the extension of the Agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel

A.   Letter from the Government of the Republic of Indonesia

Jakarta, 21 July 2006

Dear Excellency,

On behalf of the Government of the Republic of Indonesia, I would like to express our appreciation to the European Union in the Aceh Monitoring Mission (AMM) and for its remarkable role since its deployment in the Province of Nanggroe Aceh Darussalam (NAD).

As the peaceful solution to the Aceh question has achieved one of its most important stages, namely the adoption of the new law on the governing of Aceh by the Indonesian Parliament, the people of Aceh are now preparing to exercise their civil and political rights, i.e. to participate in the local election to be held in November 2006.

In this regard, I have the honour to convey to you the decision of the Government of the Republic of Indonesia to invite the European Union for a final extension of its presence in NAD for a period from 16 September 2006 until either 15 December 2006 or at an earlier date following the local election in NAD to be held on 22 November 2006. The Indonesian Government offers Your Excellency discretion on either date of termination of this extension.

The works of the AMM during this period will include the tasks of AMM as stipulated in Articles 5.1 and 5.2 paragraphs (g) and (h) of the Memorandum of Understanding between the Government of the Republic of Indonesia and the Free Aceh Movement 15 August 2005.

During this final extension period, the status, privileges and immunities of the AMM will be identical to those stipulated in our Exchange of Letters respectively dated 14 September 2005 and 3 October 2005 constituting a legally binding instrument between the Government of the Republic of Indonesia and the European Union.

If the foregoing proposal is acceptable to the European Union, I have further the honour to propose that this letter as well as your affirmative letter in reply together constitute a legally binding instrument between the Government of the Republic of Indonesia and the European Union. This instrument shall enter into force on 16 September 2006 and be terminated no later than 15 December 2006. For the Government of the Republic of Indonesia this legal framework is based on Indonesian Law No 2 of 1982 dated 25 January 1982 concerning the Ratification of Convention on Special Mission, 1969.

Furthermore, as agreed in paragraph 1.2.7 of the MoU Helsinki which reads, ‘Outside monitors will be invited to monitor the elections in Aceh’, I would also like to propose to you the sending of European Union election monitors during the preparation and at the time of local election in NAD. Indonesia is ready to discuss the time frame, terms of references and other relevant matters for the presence of such monitors in full consultation with the local election commission as has been done in the past.

I believe that the constructive cooperation that has been established, with a view to providing a peaceful, comprehensive and sustainable solution to the challenges facing Aceh, within the framework of the Unitary State of the Republic of Indonesia, can be further sustained and strengthened.

I look forward to your positive consideration.

Yours sincerely,

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Dr. N. Hassan Wirajuda

B.   Letter from the European Union

Brussels, 15 September 2006

Dear Excellency,

I have the honour to refer to your letter of 21 July 2006 in which you convey to us the decision of the Government of the Republic of Indonesia to invite the European Union for a final extension of its presence in the Province of Nanggroe Aceh Darussalam (NAD) for a period of three months from 16 September 2006 until 15 December 2006.

I am pleased to confirm to you that the European Union has agreed to respond positively to this invitation.

I confirm that, in accordance with the terms of our Exchange of Letters respectively dated 14 September 2005 and 3 October 2005 constituting a legally binding instrument between the Government of the Republic of Indonesia and the European Union, this instrument will be extended until 15 December 2006.

The work of the AMM during this period will include the tasks of the AMM as stipulated in Articles 5.1 and 5.2 paragraphs (g) and (h) of the Memorandum of Understanding between the Government of Indonesia and the Free Aceh Movement of 15 August 2005.

I have further the honour to confirm that your letter and this letter in reply constitute a legally binding instrument between the Government of the Republic of Indonesia and the European Union. This instrument shall enter into force on 16 September 2006 and be terminated on 15 December 2006.

May I once more take this opportunity to record the EU’s appreciation of the progress made in the Aceh peace process and to reaffirm the European Union’s continued commitment to supporting the development of a peaceful, comprehensive and sustainable solution to the challenges facing Aceh.

Please accept, Sir, the assurance of my highest consideration.

Yours sincerely,

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Javier Solana

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