# Official Journal L 169/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.169.eng |
| --- | --- |
| Official Journal
  of the European Union | L 169 |
| | |
| English edition | Legislation | Volume 533 July 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.169.eng

Official Journal

of the European Union

L 169

English edition

Legislation

Volume 533 July 2010

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 585/2010 of 2 July 2010 amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas | 1 |
| | * | Commission Regulation (EU) No 586/2010 of 2 July 2010 amending for the 130th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban | 3 |
| | | Commission Regulation (EU) No 587/2010 of 2 July 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 5 |
| | | DIRECTIVES |
| | * | Commission Directive 2010/46/EU of 2 July 2010 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directives 2002/53/EC and 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (
  1
  ) | 7 |
| | | DECISIONS |
| | | 2010/371/EU |
| | * | Council Decision of 6 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement | 13 |
| | | 2010/372/EU |
| | * | Commission Decision of 18 June 2010 on the use of controlled substances as process agents under Article 8(4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council
  (notified under document C(2010) 3847) | 17 |
| | | 2010/373/EU |
| | * | Commission Decision of 1 July 2010 amending Decision 2004/452/EC laying down a list of bodies whose researchers may access confidential data for scientific purposes
  (notified under document C(2010) 4385)

   (
  1
  ) | 19 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 585/2010 of 2 July 2010 amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas

1

*

Commission Regulation (EU) No 586/2010 of 2 July 2010 amending for the 130th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

3

Commission Regulation (EU) No 587/2010 of 2 July 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

5

DIRECTIVES

*

Commission Directive 2010/46/EU of 2 July 2010 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directives 2002/53/EC and 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (
  1
  )

1

7

DECISIONS

2010/371/EU

*

Council Decision of 6 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

13

2010/372/EU

*

Commission Decision of 18 June 2010 on the use of controlled substances as process agents under Article 8(4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council
  (notified under document C(2010) 3847)

(notified under document C(2010) 3847)

17

2010/373/EU

*

Commission Decision of 1 July 2010 amending Decision 2004/452/EC laying down a list of bodies whose researchers may access confidential data for scientific purposes
  (notified under document C(2010) 4385)

   (
  1
  )

(notified under document C(2010) 4385)

1

19

| | | IV   Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty |
| --- | --- | --- |
| | | 2010/374/EC |
| | * | Council Decision of 30 November 2009 on the signing, on behalf of the European Community, and provisional application of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 | 22 |
| Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 | 24 |

IV   Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty

2010/374/EC

*

Council Decision of 30 November 2009 on the signing, on behalf of the European Community, and provisional application of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013

22

Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013

24

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| 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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II Non-legislative acts

REGULATIONS

| 3.7.2010 | EN | Official Journal of the European Union | L 169/1 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

L 169/1

---

COMMISSION REGULATION (EU) No 585/2010

of 2 July 2010

amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 144(1) and Article 148, in conjunction with Article 4 thereof,

Whereas:

| (1) | Article 19a of Commission Regulation (EC) No 2535/2001 (2) refers to the tariff quotas managed in accordance with Articles 308a, 308b and 308c(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3). Those quotas include also the quotas provided for in Council Regulation (EC) No 747/2001 of 9 April 2001 providing for the management of Community tariff quotas and of reference quantities for products eligible for preferences by virtue of agreements with certain Mediterranean countries (4). |
| --- | --- |

(1)

Article 19a of Commission Regulation (EC) No 2535/2001 (2) refers to the tariff quotas managed in accordance with Articles 308a, 308b and 308c(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3). Those quotas include also the quotas provided for in Council Regulation (EC) No 747/2001 of 9 April 2001 providing for the management of Community tariff quotas and of reference quantities for products eligible for preferences by virtue of agreements with certain Mediterranean countries (4).

| (2) | An Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, was concluded in 2008. This Agreement, hereinafter referred to as ‘the Agreement’, was approved by Council Decision 2009/855/EC (5). |
| --- | --- |

(2)

An Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, was concluded in 2008. This Agreement, hereinafter referred to as ‘the Agreement’, was approved by Council Decision 2009/855/EC (5).

| (3) | The Agreement provides for new tariff quotas for agricultural and processed agricultural products originating in Israel. |
| --- | --- |

(3)

The Agreement provides for new tariff quotas for agricultural and processed agricultural products originating in Israel.

| (4) | Therefore, Regulation (EC) No 747/2001 as amended by Commission Regulation (EC) No 1154/2009 (6) provided for an increase of the quota for the milk product falling under CN code 0404 10 as from 1 January 2010. |
| --- | --- |

(4)

Therefore, Regulation (EC) No 747/2001 as amended by Commission Regulation (EC) No 1154/2009 (6) provided for an increase of the quota for the milk product falling under CN code 0404 10 as from 1 January 2010.

| (5) | Regulation (EC) No 2535/2001 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EC) No 2535/2001 should therefore be amended accordingly.

| (6) | The amendment proposed should apply as from 1 January 2010, date on which the Agreement entered into force and became applicable the corresponding amendment of Regulation (EC) No 747/2001. |
| --- | --- |

(6)

The amendment proposed should apply as from 1 January 2010, date on which the Agreement entered into force and became applicable the corresponding amendment of Regulation (EC) No 747/2001.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

In Annex VIIa to Regulation (EC) No 2535/2001, point 2 is replaced by the following:

‘2.   Tariff quota under Annex VII to Regulation (EC) No 747/2001 as regards certain agricultural products originating in Israel:

| Quota No | CN code | Description (7) | Applicable rate of duty | Yearly quantity in tonnes
  Base = calendar year |
| --- | --- | --- | --- | --- |
| 09.1302 | 0404 10 | Whey and modified whey | Exemption | 1 300 |

Quota No

CN code

Description (7)

Applicable rate of duty

Yearly quantity in tonnes

Base = calendar year

09.1302

0404 10

Whey and modified whey

Exemption

1 300

Article 2

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

Official Journal of the European Union

It shall apply from 1 January 2010.

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

Done at Brussels, 2 July 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 341, 22.12.2001, p. 29.

2

(3)  OJ L 253, 11.10.1993, p. 1.

3

(4)  OJ L 109, 19.4.2001, p. 2.

4

(5)  OJ L 313, 28.11.2009, p. 81.

5

(6)  OJ L 313, 28.11.2009, p. 52.

6

(7)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential arrangements being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are referred to, the applicability of the preferential arrangements is determined to the basis of the CN code and the corresponding description taken jointly.’

7

---

| 3.7.2010 | EN | Official Journal of the European Union | L 169/3 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

L 169/3

---

COMMISSION REGULATION (EU) No 586/2010

of 2 July 2010

amending for the 130th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular Articles 7(1)(a) and 7a(5) (2) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

| (2) | On 25 June 2010 the Sanctions Committee of the United Nations Security Council decided to remove one entity from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. |
| --- | --- |

(2)

On 25 June 2010 the Sanctions Committee of the United Nations Security Council decided to remove one entity from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

| (3) | Annex I should therefore be amended accordingly, |
| --- | --- |

(3)

Annex I should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 2 July 2010.

For the Commission

For the President

Karel KOVANDA

Acting Director General for External Relations

---

(1)  OJ L 139, 29.5.2002, p. 9.

1

(2)  Article 7a was inserted by Regulation (EU) No 1286/2009 (OJ L 346, 23.12.2009, p. 42).

2

---

ANNEX

Annex I to Regulation (EC) No 881/2002 is amended as follows:

The following entry under the heading ‘Legal persons, groups and entities’ is deleted:

‘Asat Trust Reg., Altenbach 8, FL-9490 Vaduz, Liechtenstein.’

---

| 3.7.2010 | EN | Official Journal of the European Union | L 169/5 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

L 169/5

---

COMMISSION REGULATION (EU) No 587/2010

of 2 July 2010

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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 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 Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 3 July 2010.

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

Done at Brussels, 2 July 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

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 | MA | 56,2 |
| MK | 36,4 |
| TR | 50,2 |
| ZZ | 47,6 |
| 0707 00 05 | MK | 45,6 |
| TR | 122,3 |
| ZZ | 84,0 |
| 0709 90 70 | TR | 104,7 |
| ZZ | 104,7 |
| 0805 50 10 | AR | 87,9 |
| TR | 97,3 |
| UY | 91,0 |
| ZA | 90,4 |
| ZZ | 91,7 |
| 0808 10 80 | AR | 98,7 |
| BR | 71,8 |
| CA | 118,4 |
| CL | 98,7 |
| CN | 80,0 |
| NZ | 103,9 |
| US | 84,5 |
| ZA | 102,2 |
| ZZ | 94,8 |
| 0808 20 50 | AR | 91,0 |
| CL | 115,8 |
| NZ | 149,5 |
| ZA | 114,6 |
| ZZ | 117,7 |
| 0809 10 00 | TR | 233,8 |
| ZZ | 233,8 |
| 0809 20 95 | TR | 288,1 |
| ZZ | 288,1 |
| 0809 30 | AR | 133,5 |
| TR | 158,2 |
| ZZ | 145,9 |
| 0809 40 05 | IL | 164,8 |
| US | 110,3 |
| ZZ | 137,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

56,2

MK

36,4

TR

50,2

ZZ

47,6

0707 00 05

MK

45,6

TR

122,3

ZZ

84,0

0709 90 70

TR

104,7

ZZ

104,7

0805 50 10

AR

87,9

TR

97,3

UY

91,0

ZA

90,4

ZZ

91,7

0808 10 80

AR

98,7

BR

71,8

CA

118,4

CL

98,7

CN

80,0

NZ

103,9

US

84,5

ZA

102,2

ZZ

94,8

0808 20 50

AR

91,0

CL

115,8

NZ

149,5

ZA

114,6

ZZ

117,7

0809 10 00

TR

233,8

ZZ

233,8

0809 20 95

TR

288,1

ZZ

288,1

0809 30

AR

133,5

TR

158,2

ZZ

145,9

0809 40 05

IL

164,8

US

110,3

ZZ

137,6

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

---

DIRECTIVES

| 3.7.2010 | EN | Official Journal of the European Union | L 169/7 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

L 169/7

---

COMMISSION DIRECTIVE 2010/46/EU

of 2 July 2010

amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directives 2002/53/EC and 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2)(a) and (b) thereof,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 7(2)(a) and (b) thereof,

Whereas:

| (1) | Commission Directives 2003/90/EC (3) and 2003/91/EC (4) were adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination of the various species and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties those Directives provide that guidelines of the International Union for Protection of new Varieties of Plants (UPOV) are to apply. |
| --- | --- |

(1)

Commission Directives 2003/90/EC (3) and 2003/91/EC (4) were adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination of the various species and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties those Directives provide that guidelines of the International Union for Protection of new Varieties of Plants (UPOV) are to apply.

| (2) | The CPVO and UPOV have since established further guidelines for a number of other species, and have updated existing ones. |
| --- | --- |

(2)

The CPVO and UPOV have since established further guidelines for a number of other species, and have updated existing ones.

| (3) | Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly. |
| --- | --- |

(3)

Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.

| (4) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
| --- | --- |

(4)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I and II to Directive 2003/90/EC are replaced by the text in part A of the Annex to this Directive.

Article 2

The Annexes to Directive 2003/91/EC are replaced by the text in part B of the Annex to this Directive.

Article 3

For examinations started before 1 January 2011 Member States may apply Directives 2003/90/EC and 2003/91/EC in the version applying before their amendment by this Directive.

Article 4

Member States shall adopt and publish, by 31 December 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 January 2011.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 5

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 2 July 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 193, 20.7.2002, p. 1.

1

(2)  OJ L 193, 20.7.2002, p. 33.

2

(3)  OJ L 254, 8.10.2003, p. 7.

3

(4)  OJ L 254, 8.10.2003, p. 11.

4

---

ANNEX

PART A

ANNEX I

List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols

| Scientific name | Common name | CPVO protocol |
| --- | --- | --- |
| Pisum sativum L. | Field pea | TP 7/2 of 11.3.2010 |
| Brassica napus L. | Swede rape | TP 36/1 of 25.3.2004 |
| Helianthus annuus L. | Sunflower | TP 81/1 of 31.10.2002 |
| Linum usitatissimum L. | Flax/Linseed | TP 57/1 of 21.3.2007 |
| Avena nuda L. | Small naked oat, Hulless oat | TP 20/1 of 6.11.2003 |
| Avena sativa L. (includes A. byzantina K. Koch) | Oats and Red oat | TP 20/1 of 6.11.2003 |
| Hordeum vulgare L. | Barley | TP 19/2rev. of 11.3.2010 |
| Oryza sativa L. | Rice | TP 16/1 of 18.11.2004 |
| Secale cereale L. | Rye | TP 58/1 of 31.10.2002 |
| Triticosecale Wittm. ex A. Camus | Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale | TP 121/2 of 22.1.2007 |
| Triticum aestivum L. | Wheat | TP 3/4rev. of 28.10.2009 |
| Triticum durum Desf. | Durum wheat | TP 120/2 of 6.11.2003 |
| Zea mays L. | Maize | TP 2/3 of 11.3.2010 |
| Solanum tuberosum L. | Potato | TP 23/2 of 1.12.2005 |

Scientific name

Common name

CPVO protocol

Pisum sativum L.

Field pea

TP 7/2 of 11.3.2010

Brassica napus L.

Swede rape

TP 36/1 of 25.3.2004

Helianthus annuus L.

Sunflower

TP 81/1 of 31.10.2002

Linum usitatissimum L.

Flax/Linseed

TP 57/1 of 21.3.2007

Avena nuda L.

Small naked oat, Hulless oat

TP 20/1 of 6.11.2003

Avena sativa L. (includes A. byzantina K. Koch)

Oats and Red oat

TP 20/1 of 6.11.2003

Hordeum vulgare L.

Barley

TP 19/2rev. of 11.3.2010

Oryza sativa L.

Rice

TP 16/1 of 18.11.2004

Secale cereale L.

Rye

TP 58/1 of 31.10.2002

Triticosecale Wittm. ex A. Camus

Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale

TP 121/2 of 22.1.2007

Triticum aestivum L.

Wheat

TP 3/4rev. of 28.10.2009

Triticum durum Desf.

Durum wheat

TP 120/2 of 6.11.2003

Zea mays L.

Maize

TP 2/3 of 11.3.2010

Solanum tuberosum L.

Potato

TP 23/2 of 1.12.2005

The text of these protocols can be found on the CPVO website (www.cpvo.europa.eu).

ANNEX II

List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines

| Scientific name | Common name | UPOV guideline |
| --- | --- | --- |
| Beta vulgaris L. | Fodder beet | TG/150/3 of 4.11.1994 |
| Agrostis canina L. | Velvet bent | TG/30/6 of 12.10.1990 |
| Agrostis gigantea Roth. | Red top | TG/30/6 of 12.10.1990 |
| Agrostis stolonifera L. | Creeping bent | TG/30/6 of 12.10.1990 |
| Agrostis capillaris L. | Brown top | TG/30/6 of 12.10.1990 |
| Bromus catharticus Vahl | Rescue grass | TG/180/3 of 4.4.2001 |
| Bromus sitchensis Trin. | Alaska brome grass | TG/180/3 of 4.4.2001 |
| Dactylis glomerata L. | Cocksfoot | TG/31/8 of 17.4.2002 |
| Festuca arundinacea Schreber | Tall fescue | TG/39/8 of 17.4.2002 |
| Festuca filiformis Pourr. | Fine-leaved sheep’s fescue | TG/67/5 of 5.4.2006 |
| Festuca ovina L. | Sheep’s fescue | TG/67/5 of 5.4.2006 |
| Festuca pratensis Huds. | Meadow fescue | TG/39/8 of 17.4.2002 |
| Festuca rubra L. | Red fescue | TG/67/5 of 5.4.2006 |
| Festuca trachyphylla (Hack.) Krajina | Hard fescue | TG/67/5 of 5.4.2006 |
| Lolium multiflorum Lam. | Italian ryegrass | TG/4/8 of 5.4.2006 |
| Lolium perenne L. | Perennial ryegrass | TG/4/8 of 5.4.2006 |
| Lolium x boucheanum Kunth | Hybrid ryegrass | TG/4/8 of 5.4.2006 |
| Phleum nodosum L. | Small timothy | TG/34/6 of 7.11.1984 |
| Phleum pratense L. | Timothy | TG/34/6 of 7.11.1984 |
| Poa pratensis L. | Smooth-stalked meadow grass | TG/33/6 of 12.10.1990 |
| Lupinus albus L. | White lupin | TG/66/4 of 31.3.2004 |
| Lupinus angustifolius L. | Narrow-leaved lupin | TG/66/4 of 31.3.2004 |
| Lupinus luteus L. | Yellow lupin | TG/66/4 of 31.3.2004 |
| Medicago sativa L. | Lucerne | TG/6/5 of 6.4.2005 |
| Medicago x varia T. Martyn | Sand lucerne | TG/6/5 of 6.4.2005 |
| Trifolium pratense L. | Red clover | TG/5/7 of 4.4.2001 |
| Trifolium repens L. | White clover | TG/38/7 of 9.4.2003 |
| Vicia faba L. | Field bean | TG/8/6 of 17.4.2002 |
| Vicia sativa L. | Common vetch | TG/32/6 of 21.10.1988 |
| Brassica napus L. var. napobrassica (L.) Rchb. | Swede | TG/89/6rev. of 4.4.2001 + 1.4.2009 |
| Raphanus sativus L. var. oleiformis Pers. | Fodder radish | TG/178/3 of 4.4.2001 |
| Arachis hypogea L. | Groundnut/Peanut | TG/93/3 of 13.11.1985 |
| Brassica rapa L. var. silvestris (Lam.) Briggs | Turnip rape | TG/185/3 of 17.4.2002 |
| Carthamus tinctorius L. | Safflower | TG/134/3 of 12.10.1990 |
| Gossypium spp. | Cotton | TG/88/6 of 4.4.2001 |
| Papaver somniferum L. | Poppy | TG/166/3 of 24.3.1999 |
| Sinapis alba L. | White mustard | TG/179/3 of 4.4.2001 |
| Glycine max (L.) Merrill | Soya bean | TG/80/6 of 1.4.1998 |
| Sorghum bicolor (L.) Moench | Sorghum | TG/122/3 of 6.10.1989 |

Scientific name

Common name

UPOV guideline

Beta vulgaris L.

Fodder beet

TG/150/3 of 4.11.1994

Agrostis canina L.

Velvet bent

TG/30/6 of 12.10.1990

Agrostis gigantea Roth.

Red top

TG/30/6 of 12.10.1990

Agrostis stolonifera L.

Creeping bent

TG/30/6 of 12.10.1990

Agrostis capillaris L.

Brown top

TG/30/6 of 12.10.1990

Bromus catharticus Vahl

Rescue grass

TG/180/3 of 4.4.2001

Bromus sitchensis Trin.

Alaska brome grass

TG/180/3 of 4.4.2001

Dactylis glomerata L.

Cocksfoot

TG/31/8 of 17.4.2002

Festuca arundinacea Schreber

Tall fescue

TG/39/8 of 17.4.2002

Festuca filiformis Pourr.

Fine-leaved sheep’s fescue

TG/67/5 of 5.4.2006

Festuca ovina L.

Sheep’s fescue

TG/67/5 of 5.4.2006

Festuca pratensis Huds.

Meadow fescue

TG/39/8 of 17.4.2002

Festuca rubra L.

Red fescue

TG/67/5 of 5.4.2006

Festuca trachyphylla (Hack.) Krajina

Hard fescue

TG/67/5 of 5.4.2006

Lolium multiflorum Lam.

Italian ryegrass

TG/4/8 of 5.4.2006

Lolium perenne L.

Perennial ryegrass

TG/4/8 of 5.4.2006

Lolium x boucheanum Kunth

Hybrid ryegrass

TG/4/8 of 5.4.2006

Phleum nodosum L.

Small timothy

TG/34/6 of 7.11.1984

Phleum pratense L.

Timothy

TG/34/6 of 7.11.1984

Poa pratensis L.

Smooth-stalked meadow grass

TG/33/6 of 12.10.1990

Lupinus albus L.

White lupin

TG/66/4 of 31.3.2004

Lupinus angustifolius L.

Narrow-leaved lupin

TG/66/4 of 31.3.2004

Lupinus luteus L.

Yellow lupin

TG/66/4 of 31.3.2004

Medicago sativa L.

Lucerne

TG/6/5 of 6.4.2005

Medicago x varia T. Martyn

Sand lucerne

TG/6/5 of 6.4.2005

Trifolium pratense L.

Red clover

TG/5/7 of 4.4.2001

Trifolium repens L.

White clover

TG/38/7 of 9.4.2003

Vicia faba L.

Field bean

TG/8/6 of 17.4.2002

Vicia sativa L.

Common vetch

TG/32/6 of 21.10.1988

Brassica napus L. var. napobrassica (L.) Rchb.

Swede

TG/89/6rev. of 4.4.2001 + 1.4.2009

Raphanus sativus L. var. oleiformis Pers.

Fodder radish

TG/178/3 of 4.4.2001

Arachis hypogea L.

Groundnut/Peanut

TG/93/3 of 13.11.1985

Brassica rapa L. var. silvestris (Lam.) Briggs

Turnip rape

TG/185/3 of 17.4.2002

Carthamus tinctorius L.

Safflower

TG/134/3 of 12.10.1990

Gossypium spp.

Cotton

TG/88/6 of 4.4.2001

Papaver somniferum L.

Poppy

TG/166/3 of 24.3.1999

Sinapis alba L.

White mustard

TG/179/3 of 4.4.2001

Glycine max (L.) Merrill

Soya bean

TG/80/6 of 1.4.1998

Sorghum bicolor (L.) Moench

Sorghum

TG/122/3 of 6.10.1989

The text of these guidelines can be found on the UPOV website (www.upov.int).

PART B

PART B

ANNEX I

List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols

| Scientific name | Common name | CPVO protocol |
| --- | --- | --- |
| Allium cepa L. (Cepa group) | Onion and Echalion | TP 46/2 of 1.4.2009 |
| Allium cepa L. (Aggregatum group) | Shallot | TP 46/2 of 1.4.2009 |
| Allium fistulosum L. | Japanese bunching onion or Welsh onion | TP 161/1 of 11.3.2010 |
| Allium porrum L. | Leek | TP 85/2 of 1.4.2009 |
| Allium sativum L. | Garlic | TP 162/1 of 25.3.2004 |
| Allium schoenoprasum L. | Chives | TP 198/1 of 1.4.2009 |
| Apium graveolens L. | Celery | TP 82/1 of 13.3.2008 |
| Apium graveolens L. | Celeriac | TP 74/1 of 13.3.2008 |
| Asparagus officinalis L. | Asparagus | TP 130/1 of 27.3.2002 |
| Beta vulgaris L. | Beetroot including Cheltenham beet | TP 60/1 of 1.4.2009 |
| Brassica oleracea L. | Cauliflower | TP 45/2 of 11.3.2010 |
| Brassica oleracea L. | Sprouting broccoli or Calabrese | TP 151/2 of 21.3.2007 |
| Brassica oleracea L. | Brussels sprouts | TP 54/2 of 1.12.2005 |
| Brassica oleracea L. | Kohlrabi | TP 65/1 of 25.3.2004 |
| Brassica oleracea L. | Savoy cabbage, White cabbage and Red cabbage | TP 48/2 of 1.12.2005 |
| Brassica rapa L. | Chinese cabbage | TP 105/1 of 13.3.2008 |
| Capsicum annuum L. | Chilli or Pepper | TP 76/2 of 21.3.2007 |
| Cichorium endivia L. | Curled-leaved endive and Plain-leaved endive | TP 118/2 of 1.12.2005 |
| Cichorium intybus L. | Industrial chicory | TP 172/2 of 1.12.2005 |
| Cichorium intybus L. | Witloof chicory | TP 173/1 of 25.3.2004 |
| Citrullus lanatus (Thumb.) Matsum. et Nakai | Watermelon | TP 142/1 of 21.3.2007 |
| Cucumis melo L. | Melon | TP 104/2 of 21.3.2007 |
| Cucumis sativus L. | Cucumber and Gherkin | TP 61/2 of 13.3.2008 |
| Cucurbita pepo L. | Marrow or Courgette | TP 119/1 of 25.3.2004 |
| Cynara cardunculus L. | Globe artichoke and Cardoon | TP 184/1 of 25.3.2004 |
| Daucus carota L. | Carrot and Fodder carrot | TP 49/3 of 13.3.2008 |
| Foeniculum vulgare Mill. | Fennel | TP 183/1 of 25.3.2004 |
| Lactuca sativa L. | Lettuce | TP 13/4 of 1.4.2009 |
| Lycopersicon esculentum Mill. | Tomato | TP 44/3 of 21.3.2007 |
| Petroselinum crispum (Mill.) Nyman ex A. W. Hill | Parsley | TP 136/1 of 21.3.2007 |
| Phaseolus coccineus L. | Runner bean | TP 9/1 of 21.3.2007 |
| Phaseolus vulgaris L. | Dwarf French bean and Climbing French bean | TP 12/3 of 1.4.2009 |
| Pisum sativum L. (partim) | Wrinkled pea, Round pea and Sugar pea | TP 7/2 of 11.3.2010 |
| Raphanus sativus L. | Radish | TP 64/1 of 27.3.2002 |
| Solanum melongena L. | Aubergine or Egg plant | TP 117/1 of 13.3.2008 |
| Spinacia oleracea L. | Spinach | TP 55/3 of 11.3.2010 |
| Valerianella locusta (L.) Laterr. | Corn salad or Lamb’s lettuce | TP 75/2 of 21.3.2007 |
| Vicia faba L. (partim) | Broad bean | TP Broadbean/1 of 25.3.2004 |
| Zea mays L. (partim) | Sweet corn and Pop corn | TP 2/3 of 11.3.2010 |

Scientific name

Common name

CPVO protocol

Allium cepa L. (Cepa group)

Onion and Echalion

TP 46/2 of 1.4.2009

Allium cepa L. (Aggregatum group)

Shallot

TP 46/2 of 1.4.2009

Allium fistulosum L.

Japanese bunching onion or Welsh onion

TP 161/1 of 11.3.2010

Allium porrum L.

Leek

TP 85/2 of 1.4.2009

Allium sativum L.

Garlic

TP 162/1 of 25.3.2004

Allium schoenoprasum L.

Chives

TP 198/1 of 1.4.2009

Apium graveolens L.

Celery

TP 82/1 of 13.3.2008

Apium graveolens L.

Celeriac

TP 74/1 of 13.3.2008

Asparagus officinalis L.

Asparagus

TP 130/1 of 27.3.2002

Beta vulgaris L.

Beetroot including Cheltenham beet

TP 60/1 of 1.4.2009

Brassica oleracea L.

Cauliflower

TP 45/2 of 11.3.2010

Brassica oleracea L.

Sprouting broccoli or Calabrese

TP 151/2 of 21.3.2007

Brassica oleracea L.

Brussels sprouts

TP 54/2 of 1.12.2005

Brassica oleracea L.

Kohlrabi

TP 65/1 of 25.3.2004

Brassica oleracea L.

Savoy cabbage, White cabbage and Red cabbage

TP 48/2 of 1.12.2005

Brassica rapa L.

Chinese cabbage

TP 105/1 of 13.3.2008

Capsicum annuum L.

Chilli or Pepper

TP 76/2 of 21.3.2007

Cichorium endivia L.

Curled-leaved endive and Plain-leaved endive

TP 118/2 of 1.12.2005

Cichorium intybus L.

Industrial chicory

TP 172/2 of 1.12.2005

Cichorium intybus L.

Witloof chicory

TP 173/1 of 25.3.2004

Citrullus lanatus (Thumb.) Matsum. et Nakai

Watermelon

TP 142/1 of 21.3.2007

Cucumis melo L.

Melon

TP 104/2 of 21.3.2007

Cucumis sativus L.

Cucumber and Gherkin

TP 61/2 of 13.3.2008

Cucurbita pepo L.

Marrow or Courgette

TP 119/1 of 25.3.2004

Cynara cardunculus L.

Globe artichoke and Cardoon

TP 184/1 of 25.3.2004

Daucus carota L.

Carrot and Fodder carrot

TP 49/3 of 13.3.2008

Foeniculum vulgare Mill.

Fennel

TP 183/1 of 25.3.2004

Lactuca sativa L.

Lettuce

TP 13/4 of 1.4.2009

Lycopersicon esculentum Mill.

Tomato

TP 44/3 of 21.3.2007

Petroselinum crispum (Mill.) Nyman ex A. W. Hill

Parsley

TP 136/1 of 21.3.2007

Phaseolus coccineus L.

Runner bean

TP 9/1 of 21.3.2007

Phaseolus vulgaris L.

Dwarf French bean and Climbing French bean

TP 12/3 of 1.4.2009

Pisum sativum L. (partim)

Wrinkled pea, Round pea and Sugar pea

TP 7/2 of 11.3.2010

Raphanus sativus L.

Radish

TP 64/1 of 27.3.2002

Solanum melongena L.

Aubergine or Egg plant

TP 117/1 of 13.3.2008

Spinacia oleracea L.

Spinach

TP 55/3 of 11.3.2010

Valerianella locusta (L.) Laterr.

Corn salad or Lamb’s lettuce

TP 75/2 of 21.3.2007

Vicia faba L. (partim)

Broad bean

TP Broadbean/1 of 25.3.2004

Zea mays L. (partim)

Sweet corn and Pop corn

TP 2/3 of 11.3.2010

The text of these protocols can be found on the CPVO website (www.cpvo.europa.eu).

ANNEX II

List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines

| Scientific name | Common name | UPOV guideline |
| --- | --- | --- |
| Beta vulgaris L. | Spinach beet or Chard | TG/106/4 of 31.3.2004 |
| Brassica oleracea L. | Curly kale | TG/90/6 of 31.3.2004 |
| Brassica rapa L. | Turnip | TG/37/10 of 4.4.2001 |
| Cichorium intybus L. | Large-leaved chicory or Italian chicory | TG/154/3 of 18.10.1996 |
| Cucurbita maxima Duchesne | Gourd | TG/155/4rev. of 28.3.2007 + 1.4.2009 |
| Raphanus sativus L. | Black radish | TG/63/6 of 24.3.1999 |
| Rheum rhabarbarum L. | Rhubarb | TG/62/6 of 24.3.1999 |
| Scorzonera hispanica L. | Scorzonera or Black salsify | TG/116/4 of 24.3.2010 |

Scientific name

Common name

UPOV guideline

Beta vulgaris L.

Spinach beet or Chard

TG/106/4 of 31.3.2004

Brassica oleracea L.

Curly kale

TG/90/6 of 31.3.2004

Brassica rapa L.

Turnip

TG/37/10 of 4.4.2001

Cichorium intybus L.

Large-leaved chicory or Italian chicory

TG/154/3 of 18.10.1996

Cucurbita maxima Duchesne

Gourd

TG/155/4rev. of 28.3.2007 + 1.4.2009

Raphanus sativus L.

Black radish

TG/63/6 of 24.3.1999

Rheum rhabarbarum L.

Rhubarb

TG/62/6 of 24.3.1999

Scorzonera hispanica L.

Scorzonera or Black salsify

TG/116/4 of 24.3.2010

The text of these guidelines can be found on the UPOV website (www.upov.int).

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DECISIONS

| 3.7.2010 | EN | Official Journal of the European Union | L 169/13 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

L 169/13

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COUNCIL DECISION

of 6 June 2010

concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

(2010/371/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,

Having regard to the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as revised in Luxembourg on 25 June 2005 (2) (hereinafter referred to as the ‘ACP-EU Partnership Agreement’), and in particular Article 96 thereof,

Having regard to the Internal Agreement between representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement have been violated. |
| --- | --- |

(1)

The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement have been violated.

| (2) | On 6 July 2009, under Article 96 of the ACP-EU Partnership Agreement, consultations were opened with Madagascar in the presence of representatives of the African, Caribbean and Pacific (ACP) Group of States, during which representatives of the High Transitional Authority failed to present satisfactory proposals or undertakings. |
| --- | --- |

(2)

On 6 July 2009, under Article 96 of the ACP-EU Partnership Agreement, consultations were opened with Madagascar in the presence of representatives of the African, Caribbean and Pacific (ACP) Group of States, during which representatives of the High Transitional Authority failed to present satisfactory proposals or undertakings.

| (3) | The European Union proposed that consultations remain open in order to encourage Madagascar’s High Transitional Authority to continue negotiations with the country’s political factions under the aegis of the joint mediation team in order to arrive at a consensual agreement. |
| --- | --- |

(3)

The European Union proposed that consultations remain open in order to encourage Madagascar’s High Transitional Authority to continue negotiations with the country’s political factions under the aegis of the joint mediation team in order to arrive at a consensual agreement.

| (4) | Under the aegis of the joint mediation team headed by Mr Chissano, on 9 August 2009, Madagascar’s four political factions signed, in Maputo, agreements including provisions for the establishment of transition institutions to manage the transition process and organise presidential and legislative elections within fifteen months. These agreements were supplemented by the ‘Additional Act to the Malagasy Charter of the Transition’, which was signed in Addis Ababa on 6 November 2009. |
| --- | --- |

(4)

Under the aegis of the joint mediation team headed by Mr Chissano, on 9 August 2009, Madagascar’s four political factions signed, in Maputo, agreements including provisions for the establishment of transition institutions to manage the transition process and organise presidential and legislative elections within fifteen months. These agreements were supplemented by the ‘Additional Act to the Malagasy Charter of the Transition’, which was signed in Addis Ababa on 6 November 2009.

| (5) | Since then, no compromise has been reached between the four political factions on the practical implementation of these agreements. The High Transitional Authority, which currently holds the reins of power, has, however, committed itself to a unilateral transition process, including the appointment of a Prime Minister and a government and the organisation of elections for 2010, which runs counter to the spirit and the letter of the Maputo agreements and the Addis Ababa Charter. |
| --- | --- |

(5)

Since then, no compromise has been reached between the four political factions on the practical implementation of these agreements. The High Transitional Authority, which currently holds the reins of power, has, however, committed itself to a unilateral transition process, including the appointment of a Prime Minister and a government and the organisation of elections for 2010, which runs counter to the spirit and the letter of the Maputo agreements and the Addis Ababa Charter.

| (6) | Consequently, the consultations opened under Article 96 of the ACP-EU Partnership Agreement should be closed and appropriate measures adopted, |
| --- | --- |

(6)

Consequently, the consultations opened under Article 96 of the ACP-EU Partnership Agreement should be closed and appropriate measures adopted,

HAS ADOPTED THIS DECISION:

Article 1

Consultations with the Republic of Madagascar under Article 96 of the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as revised in Luxembourg on 25 June 2005, (hereinafter referred to as the ‘ACP-EU Partnership Agreement’) are hereby concluded.

Article 2

The measures set out in the annexed letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.

Article 3

This Decision shall enter into force on the day of its adoption.

It shall remain in force for a period of 12 months and shall be re-examined regularly.

Done at Luxembourg, 6 June 2010.

For the Council

The President

C. CORBACHO

---

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

1

(2)  OJ L 287, 28.10.2005, p. 1.

2

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

3

---

ANNEX

Draft letter

H. E. Mr Andry Nirina RAJOELINA

President of the High Transitional Authority

of the Republic of Madagascar

Antananarivo

Madagascar

Sir,

The European Union (‘EU’) attaches great importance to the essential elements set out in Article 9 of the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005, hereinafter ‘the ACP-EU Partnership Agreement’, concerning respect for human rights, democratic principles and the rule of law, which underpin the ACP-EU Partnership.

The EU therefore reacted immediately to the forcible transfer of power that occurred in Madagascar on 17 March 2009 and took the view that it constituted a flagrant violation of the essential elements set out in Article 9 of the ACP-EU Partnership Agreement.

Acting under Article 96 of the ACP-EU Partnership Agreement, the EU entered into a political dialogue with the ruling regime, which led to the opening of consultations with a view to assessing the situation and possible solutions for a rapid return to constitutional order. At the opening meeting of these consultations, which were held in Brussels on 6 July 2009, the EU did not consider that any satisfactory proposals had been made by the Malagasy side.

In a spirit of openness to dialogue and taking full account of the complexity of the political situation in Madagascar, the EU proposed that the consultations remain open in order to encourage Madagascar’s High Transitional Authority to continue negotiations with Madagascar’s political factions under the aegis of the joint mediation team made up of the African Union (‘AU’), the Southern African Development Community (‘SADC’), the Organisation Internationale de la Francophonie and the United Nations, in order to arrive at a consensus that would permit a return to constitutional order.

Under the aegis of this joint mediation team for Madagascar, and particularly after the appointment of Mr Chissano at the SADC Summit in June 2009, on 9 August 2009, the leaders of the four political factions signed, in Maputo, the Maputo Political Agreement and the Charter of the Transition, plus other agreements providing, in particular, for the creation of the institutions to manage the transition process and organise presidential and legislative elections over the next fifteen months. These agreements, which were to be implemented over the ensuing thirty days with appointments to key posts in the transition institutions made by consensus, have been supplemented by the Additional Act to the Malagasy Charter of the Transition, which was signed by the leaders of the four political factions on 6 November 2009 in Addis Ababa.

Despite the many efforts of the joint mediation team with the support of the international community over the last few months, and despite the most recent ad hoc initiative of the President of the AU Commission, the political factions have not been able to reach agreement on the implementation of the transition process to which they agreed in Maputo and in Addis Ababa. Rather, Mr Rajoelina has embarked upon a unilateral transition process, including the appointment of a Prime Minister and a government and the organisation of elections for 2010, which runs counter to both the spirit and the letter of the Maputo Agreements and the Addis Ababa Charter.

In light of the foregoing, the EU has decided to close the consultation period and has decided under Article 96(2)(c) of the ACP-EU Partnership Agreement to adopt the appropriate measures described below:

| — | Humanitarian and emergency aid is not affected. |
| --- | --- |

—

Humanitarian and emergency aid is not affected.

| — | Budgetary aid provided for in the National Indicative Programmes (‘NIP’) of the 9th European Development Fund (‘EDF’) and 10th EDF shall be suspended. |
| --- | --- |

—

Budgetary aid provided for in the National Indicative Programmes (‘NIP’) of the 9th European Development Fund (‘EDF’) and 10th EDF shall be suspended.

| — | Projects and programmes already under way under the 9th EDF shall continue to be implemented except for activities and payments directly involving the government and its agencies. Modifications and addenda to current contracts shall be examined on a case-by-case basis. New contracts shall be suspended. |
| --- | --- |

—

Projects and programmes already under way under the 9th EDF shall continue to be implemented except for activities and payments directly involving the government and its agencies. Modifications and addenda to current contracts shall be examined on a case-by-case basis. New contracts shall be suspended.

| — | The implementation of the NIP – 10th EDF shall be suspended. |
| --- | --- |

—

The implementation of the NIP – 10th EDF shall be suspended.

| — | The European Commission may implement certain projects and programmes that directly benefit the population, |
| --- | --- |

—

The European Commission may implement certain projects and programmes that directly benefit the population,

| — | Regional projects shall be evaluated on a case-by-case basis. |
| --- | --- |

—

Regional projects shall be evaluated on a case-by-case basis.

| — | The European Commission reserves the right to assume immediately, wholly or partially, the functions of National Authorising Officer for the EDF. |
| --- | --- |

—

The European Commission reserves the right to assume immediately, wholly or partially, the functions of National Authorising Officer for the EDF.

| — | The political dialogue provided for in Article 8 of the ACP-EU Partnership Agreement shall be maintained and conducted, as far as possible, in coordination with the International Contact Group on Madagascar. It may be stepped up if a consensus-based solution for a return to constitutional order is reached, which includes 1) a consensual arrangement for a transitional government; 2) the setting-up of a clear roadmap towards election, which is acceptable to the involved parties and which allows for a free and fair election campaign; 3) fair elections, recognised as such by the international community and which can provide democratic legitimacy to a new Government. The EU will continue to monitor closely developments in Madagascar and may give its support to, if applicable, the implementation of a consensual political solution to the crisis. |
| --- | --- |

—

The political dialogue provided for in Article 8 of the ACP-EU Partnership Agreement shall be maintained and conducted, as far as possible, in coordination with the International Contact Group on Madagascar. It may be stepped up if a consensus-based solution for a return to constitutional order is reached, which includes 1) a consensual arrangement for a transitional government; 2) the setting-up of a clear roadmap towards election, which is acceptable to the involved parties and which allows for a free and fair election campaign; 3) fair elections, recognised as such by the international community and which can provide democratic legitimacy to a new Government. The EU will continue to monitor closely developments in Madagascar and may give its support to, if applicable, the implementation of a consensual political solution to the crisis.

These appropriate measures shall be adopted for an initial period of twelve months.

The EU reserves the right to examine and revise the measures mentioned above in order to take into consideration any developments, positive or negative, in the situation in Madagascar.

We wish to assure you, Mr President, of our highest consideration.

For the European Union

The Commission

Image

The Council

Image

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| 3.7.2010 | EN | Official Journal of the European Union | L 169/17 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

L 169/17

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COMMISSION DECISION

of 18 June 2010

on the use of controlled substances as process agents under Article 8(4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council

(notified under document C(2010) 3847)

(Only the Dutch, French, German, Italian, Polish and Portuguese texts are authentic)

(2010/372/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (1), and in particular Article 8(4) thereof,

Whereas:

| (1) | The use of ozone depleting substances as process agents is one of the few remaining emissive uses still allowed under Regulation (EC) No 1005/2009. The emission of ozone depleting substances causes potentially significant damage to the ozone layer. It is therefore necessary to ensure that the emissions resulting from process agent uses of ozone depleting substances remain insignificant. |
| --- | --- |

(1)

The use of ozone depleting substances as process agents is one of the few remaining emissive uses still allowed under Regulation (EC) No 1005/2009. The emission of ozone depleting substances causes potentially significant damage to the ozone layer. It is therefore necessary to ensure that the emissions resulting from process agent uses of ozone depleting substances remain insignificant.

| (2) | Furthermore, in view of the responsibilities of the Union under Decision X/14 of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, Article 8(4) of Regulation (EC) No 1005/2009 limits the use of controlled substances as process agents to 1 083 metric tonnes per year and limits the emissions from process agent uses to 17 metric tonnes per year. |
| --- | --- |

(2)

Furthermore, in view of the responsibilities of the Union under Decision X/14 of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, Article 8(4) of Regulation (EC) No 1005/2009 limits the use of controlled substances as process agents to 1 083 metric tonnes per year and limits the emissions from process agent uses to 17 metric tonnes per year.

| (3) | An unexpected increase in the use of controlled substances as process agents in recent years has threatened the compliance of the Union with Decision X/14 and has made a stricter management of the uses necessary. |
| --- | --- |

(3)

An unexpected increase in the use of controlled substances as process agents in recent years has threatened the compliance of the Union with Decision X/14 and has made a stricter management of the uses necessary.

| (4) | Pursuant to Article 8 of Regulation (EC) No 1005/2009 a list of undertakings for which the use of controlled substances as process agents shall be permitted should be established, laying down maximum quantities that may be used for make-up and emitted for each of the undertakings concerned. |
| --- | --- |

(4)

Pursuant to Article 8 of Regulation (EC) No 1005/2009 a list of undertakings for which the use of controlled substances as process agents shall be permitted should be established, laying down maximum quantities that may be used for make-up and emitted for each of the undertakings concerned.

| (5) | The list of undertakings and associated quantities of substances should be based upon reports submitted by Member States and adjusted to ensure that the Union stays within the limits laid down in Article 8(4). The allocation of the make-up quota should be based on the average needs in the years 2005 to 2008. The calculation of the individual average demand should not consider years during which the respective undertaking did not use controlled substances as process agent. The thresholds are fixed at 124 % of the individual average in order to accommodate fluctuations of the yearly demand, whilst ensuring that the overall limit for the Union is respected. |
| --- | --- |

(5)

The list of undertakings and associated quantities of substances should be based upon reports submitted by Member States and adjusted to ensure that the Union stays within the limits laid down in Article 8(4). The allocation of the make-up quota should be based on the average needs in the years 2005 to 2008. The calculation of the individual average demand should not consider years during which the respective undertaking did not use controlled substances as process agent. The thresholds are fixed at 124 % of the individual average in order to accommodate fluctuations of the yearly demand, whilst ensuring that the overall limit for the Union is respected.

| (6) | It is appropriate to allow for the transfer of quota between undertakings listed in the Annex to increase the flexibility for undertakings to respond to changing market needs. The quota should, however, cease with the decommissioning of the installation for which it was granted. The undertaking should therefore notify the decommissioning of installations concerned to the Commission and the Member State concerned. |
| --- | --- |

(6)

It is appropriate to allow for the transfer of quota between undertakings listed in the Annex to increase the flexibility for undertakings to respond to changing market needs. The quota should, however, cease with the decommissioning of the installation for which it was granted. The undertaking should therefore notify the decommissioning of installations concerned to the Commission and the Member State concerned.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009,

HAS ADOPTED THIS DECISION:

Article 1

Definitions

1.   ‘Make-up’ means the total quantity of a controlled substance in metric tonnes, whether virgin, recovered or reclaimed, that has not been used in the process cycle before and that is fed newly into the process cycle.

2.   ‘Emission’ means the total quantity of a controlled substance in metric tonnes released into the atmosphere, water or soil during the process agent use and related storage and handling on the site of the installation.

Article 2

Permitted process agent uses and threshold for emissions and quantities

1.   The Annex to this Decision establishes the list of undertakings for which the use of controlled substance as process agents shall be permitted as of 1 January 2010.

2.   Each undertaking shall only use the substance and the process set out in the Annex.

3.   The quantities, set out in the Annex, that may be used annually as make-up and that may be emitted annually by each undertaking shall not be exceeded. The allocated quota shall loose its validity at the end of the year in which the installation for which the quota was granted is definitely decommissioned.

Article 3

Transfer of allocated quota

An undertaking may fully or partially transfer its make-up quota allocated for an existing installation outlined in the Annex, regardless of the substance or use the quantity was allocated for, to another undertaking listed in the Annex. The beneficiary may use the quantity transferred for the substance and use allocated to the beneficiary in the Annex. The transfer shall only take effect after its notification to the Commission and the competent authorities of the Member States concerned and confirmation from the Commission of its receipt.

Article 4

Notification of decommissioning

In case of decommissioning of the installations concerned, undertakings listed in the Annex shall, within three month, notify the Commission and the competent authority of the Member State in which the installation was located thereof.

Article 5

Date of application

This Decision shall apply from 1 January 2010.

Article 6

This Decision is addressed to the following undertakings:

| Anwil SA |
| --- |
| Ul. Torunska 222 |
| 87-805 Wloclawek |
| POLAND |

Anwil SA

Ul. Torunska 222

87-805 Wloclawek

POLAND

| Arkema France SA |
| --- |
| 420 rue d'Estienne D’Orves |
| 92705 Colombes Cedex |
| FRANCE |

Arkema France SA

420 rue d'Estienne D’Orves

92705 Colombes Cedex

FRANCE

| Bayer Material Science AG |
| --- |
| CAS-PR-CKD, Gebäude B669 |
| 41538 Dormhagen |
| GERMANY |

Bayer Material Science AG

CAS-PR-CKD, Gebäude B669

41538 Dormhagen

GERMANY

| CUF Quimicos Industriais SA |
| --- |
| Quinta da Industria Beduidu |
| 3860-680 Estarreja |
| PORTUGAL |

CUF Quimicos Industriais SA

Quinta da Industria Beduidu

3860-680 Estarreja

PORTUGAL

| Potasse et Produits Chimiques SA |
| --- |
| 95 rue du General de Gaulle |
| 68802 Thann Cedex |
| FRANCE |

Potasse et Produits Chimiques SA

95 rue du General de Gaulle

68802 Thann Cedex

FRANCE

| Perstorp France SAS |
| --- |
| Rue Lavoisier BP 21 |
| 38801 Le Pont de Claix |
| FRANCE |

Perstorp France SAS

Rue Lavoisier BP 21

38801 Le Pont de Claix

FRANCE

| Solvay Solexis SPA |
| --- |
| Viale Lombardia 20 |
| 20021 Bollate (MI) |
| ITALY |

Solvay Solexis SPA

Viale Lombardia 20

20021 Bollate (MI)

ITALY

| Teijin Twaron BV |
| --- |
| Oosterhorn 6 |
| 9936 AD Farmsum |
| NETHERLANDS |

Teijin Twaron BV

Oosterhorn 6

9936 AD Farmsum

NETHERLANDS

Done at Brussels, 18 June 2010.

For the Commission

Connie HEDEGAARD

Member of the Commission

---

(1)  OJ L 286, 31.10.2009, p. 1.

1

---

ANNEX

(This Annex is not published because it contains confidential commercial information.)

---

| 3.7.2010 | EN | Official Journal of the European Union | L 169/19 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

L 169/19

---

COMMISSION DECISION

of 1 July 2010

amending Decision 2004/452/EC laying down a list of bodies whose researchers may access confidential data for scientific purposes

(notified under document C(2010) 4385)

(Text with EEA relevance)

(2010/373/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (1) and in particular Article 23 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics, concerning access to confidential data for scientific purposes (2) establishes, for the purpose of enabling statistical conclusions to be drawn for scientific purposes, the conditions under which access to confidential data transmitted to the Community authority may be granted and the rules of cooperation between the Community and national authorities in order to facilitate such access. |
| --- | --- |

(1)

Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics, concerning access to confidential data for scientific purposes (2) establishes, for the purpose of enabling statistical conclusions to be drawn for scientific purposes, the conditions under which access to confidential data transmitted to the Community authority may be granted and the rules of cooperation between the Community and national authorities in order to facilitate such access.

| (2) | Commission Decision 2004/452/EC (3) has laid down a list of bodies whose researchers may access confidential data for scientific purposes. |
| --- | --- |

(2)

Commission Decision 2004/452/EC (3) has laid down a list of bodies whose researchers may access confidential data for scientific purposes.

| (3) | Sabanci University, Tuzla/Istanbul, Turkey, McGill University, Montreal, Canada and Directorate Economic Service and Structural Reforms, Directorate General for Economic and Financial Affairs of the European Commission have to be regarded as bodies fulfilling the required conditions and should therefore be added to the list of agencies, organisations and institutions referred to in Article 3(1)(e) of Regulation (EC) No 831/2002. |
| --- | --- |

(3)

Sabanci University, Tuzla/Istanbul, Turkey, McGill University, Montreal, Canada and Directorate Economic Service and Structural Reforms, Directorate General for Economic and Financial Affairs of the European Commission have to be regarded as bodies fulfilling the required conditions and should therefore be added to the list of agencies, organisations and institutions referred to in Article 3(1)(e) of Regulation (EC) No 831/2002.

| (4) | The measures provided for in this Decision are in accordance with the opinion of the European Statistical System Committee (ESS Committee), |
| --- | --- |

(4)

The measures provided for in this Decision are in accordance with the opinion of the European Statistical System Committee (ESS Committee),

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2004/452/EC is replaced by the text set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 1 July 2010.

For the Commission

Olli REHN

Member of the Commission

---

(1)  OJ L 87, 31.3.2009, p. 164.

1

(2)  OJ L 133, 18.5.2002, p. 7.

2

(3)  OJ L 156, 30.4.2004, p. 1.

3

---

ANNEX

‘ANNEX

Bodies whose researchers may access confidential data for scientific purposes

European Central Bank

Spanish Central Bank

Italian Central Bank

University of Cornell (New York State, United States of America)

Department of Political Science, Baruch College, New York City University (New York State, United States of America)

German Central Bank

Employment Analysis Unit, Directorate General for Employment, Social Affairs and Equal Opportunities of the European Commission

Tel Aviv University (Israel)

World Bank

Center of Health and Wellbeing (CHW) of the Woodrow Wilson School of Public and International Affairs at Princeton University, New Jersey, United States of America

The University of Chicago (UofC), Illinois, United States of America

Organisation for Economic Cooperation and Development (OECD)

Family and Labour Studies Division of Statistics Canada, Ottawa, Ontario, Canada

Econometrics and Statistical Support to Antifraud (ESAF) Unit, Joint Research Centre of the European Commission

Support to the European Research Area (SERA) Unit, Joint Research Centre of the European Commission

Canada Research Chair of the School of Social Science in the Atkinson Faculty of Liberal and Professional Studies at York University, Ontario, Canada

University of Illinois at Chicago (UIC), Chicago, USA

Rady School of Management at the University of California, San Diego, USA

Directorate for Research, Studies and Statistics (Direction de l’Animation de la Recherche, des Études et des Statistiques – DARES) in the Ministry of Labour, Labour Relations and Solidarity, Paris, France

The Research Foundation of State University of New York (RFSUNY), Albany, USA

Finnish Centre for Pensions, (Eläketurvakeskus – ETK), Finland

Directorate for Research, Studies, Assessment, and Statistics (Direction de la Recherche, des Études, de l’Évaluation et des Statistiques – DREES) in the Ministry of Labour, social dialogue and solidarity, the Ministry of Health, youth and sports and the Ministry of Budget, public accounts and state reform, Paris, France

Duke University (DUKE), North Carolina, USA

Social Insurance Institution of Finland (Kansaneläkelaitos – KELA), Finland

Hebrew University of Jerusalem (HUJI), Israel

Federal Public Service Social Security, Belgium

Sabanci University, Tuzla/Istanbul, Turkey

McGill University, Montreal, Canada

Directorate Economic Service and Structural Reforms, Directorate General for Economic and Financial Affairs of the European Commission’

---

IV Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty

| 3.7.2010 | EN | Official Journal of the European Union | L 169/22 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

L 169/22

---

COUNCIL DECISION

of 30 November 2009

on the signing, on behalf of the European Community, and provisional application of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013

(2010/374/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | According to Article 11 of Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the general programme ‘Solidarity and Management of Migration Flows’ (1) the third countries associated with the implementation, application and development of the Schengen acquis shall participate in the Fund in accordance with its provisions. Arrangements are to be concluded to specify supplementary rules necessary for such participation, including provisions ensuring the protection of the Community’s financial interests and the power of audit of the Court of Auditors. |
| --- | --- |

(1)

According to Article 11 of Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the general programme ‘Solidarity and Management of Migration Flows’ (1) the third countries associated with the implementation, application and development of the Schengen acquis shall participate in the Fund in accordance with its provisions. Arrangements are to be concluded to specify supplementary rules necessary for such participation, including provisions ensuring the protection of the Community’s financial interests and the power of audit of the Court of Auditors.

| (2) | Following the authorisation given to the Commission on 20 December 2007, negotiations with the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein have been concluded and the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on suplementary rules in relation to the External Borders Fund for the period 2007 to 2013 (hereinafter referred to as the Agreement) initialled on 30 June 2009. |
| --- | --- |

(2)

Following the authorisation given to the Commission on 20 December 2007, negotiations with the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein have been concluded and the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on suplementary rules in relation to the External Borders Fund for the period 2007 to 2013 (hereinafter referred to as the Agreement) initialled on 30 June 2009.

| (3) | Subject to its conclusion at a later date, the Agreement should be signed and should be applied on a provisional basis. |
| --- | --- |

(3)

Subject to its conclusion at a later date, the Agreement should be signed and should be applied on a provisional basis.

| (4) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of that Protocol, decide within a period of six months after the date of adoption of this Decision whether it will implement it in its national law. |
| --- | --- |

(4)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of that Protocol, decide within a period of six months after the date of adoption of this Decision whether it will implement it in its national law.

| (5) | This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
   (2) and the subsequent Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (3). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. |
| --- | --- |

(5)

This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
   (2) and the subsequent Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (3). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

| (6) | This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
   (4). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application, |
| --- | --- |

(6)

This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
   (4). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application,

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 (hereinafter referred to as the Agreement) and the Declarations thereto are hereby approved on behalf of the Community, subject to the conclusion of the Agreement.

The text of the Agreement and the Declarations thereto are attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Community, subject to its conclusion.

Article 3

Pending the completion of the procedures for its formal conclusion, the Agreement shall be applied on a provisional basis in accordance with Article 13(5) thereof.

Done at Brussels, 30 November 2009.

For the Council

The President

B. ASK

---

(1)  OJ L 144, 6.6.2007, p. 22.

1

(2)  OJ L 131, 1.6.2000, p. 43.

2

(3)  OJ L 395, 31.12.2004, p. 70.

3

(4)  OJ L 64, 7.3.2002, p. 20.

4

---

AGREEMENT

between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013

THE EUROPEAN COMMUNITY,

hereinafter referred to as the ‘Community’

and

THE REPUBLIC OF ICELAND,

hereinafter referred to as ‘Iceland’,

THE KINGDOM OF NORWAY,

hereinafter referred to as ‘Norway’,

THE SWISS CONFEDERATION,

hereinafter referred to as ‘Switzerland’

and

THE PRINCIPALITY OF LIECHTENSTEIN,

hereinafter referred to as ‘Liechtenstein’,

hereinafter referred to as the ‘associated States’

Hereinafter referred to as the ‘Parties’

HAVING REGARD to the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (hereinafter referred to as the ‘Association Agreement with Norway and Iceland’),

HAVING REGARD to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (hereinafter referred to as the ‘Association Agreement with Switzerland’),

HAVING REGARD to the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (hereinafter referred to as the ‘Association Protocol with Liechtenstein’),

Whereas:

| (1) | The Community established by Decision No 574/2007/EC of the European Parliament and of the Council the External Borders Fund for the period 2007 to 2013 as part of the General Programme ‘Solidarity and Management of Migration Flows’ (hereinafter referred to as the ‘Fund’). |
| --- | --- |

(1)

The Community established by Decision No 574/2007/EC of the European Parliament and of the Council the External Borders Fund for the period 2007 to 2013 as part of the General Programme ‘Solidarity and Management of Migration Flows’ (hereinafter referred to as the ‘Fund’).

| (2) | That Decision constitutes a development of the Schengen acquis within the meaning of the Association Agreement with Norway and Iceland, the Association Agreement with Switzerland and the Association Protocol with Liechtenstein. |
| --- | --- |

(2)

That Decision constitutes a development of the Schengen acquis within the meaning of the Association Agreement with Norway and Iceland, the Association Agreement with Switzerland and the Association Protocol with Liechtenstein.

| (3) | Article 11 of that Decision provides that the third states associated with the implementation, application and development of the Schengen acquis participate in the Fund in accordance with its provisions and that arrangements are to be concluded to specify supplementary rules necessary for such participation, including provisions ensuring the protection of the Community’s financial interests and the power of audit of the Court of Auditors. |
| --- | --- |

(3)

Article 11 of that Decision provides that the third states associated with the implementation, application and development of the Schengen acquis participate in the Fund in accordance with its provisions and that arrangements are to be concluded to specify supplementary rules necessary for such participation, including provisions ensuring the protection of the Community’s financial interests and the power of audit of the Court of Auditors.

| (4) | The Fund constitutes a specific instrument in the context of the Schengen acquis designed to provide for burden sharing and support financially the implementation of the Schengen acquis in the field of external borders and visa policy in Member States. |
| --- | --- |

(4)

The Fund constitutes a specific instrument in the context of the Schengen acquis designed to provide for burden sharing and support financially the implementation of the Schengen acquis in the field of external borders and visa policy in Member States.

| (5) | To facilitate the calculation of the annual allocations to the States participating in the Fund and the multiannual programming exercise for the associated States, this Agreement defines the annual financial contributions from the associated States in fixed amounts which are subject to a correction mechanism to be applied in the last year of the multiannual programme, |
| --- | --- |

(5)

To facilitate the calculation of the annual allocations to the States participating in the Fund and the multiannual programming exercise for the associated States, this Agreement defines the annual financial contributions from the associated States in fixed amounts which are subject to a correction mechanism to be applied in the last year of the multiannual programme,

HAVE AGREED AS FOLLOWS:

Article 1

Scope

This Agreement sets out the supplementary rules necessary for the participation in the Fund of the associated States in accordance with Decision No 574/2007/EC of the European Parliament and of the Council establishing the External Borders Fund for the period 2007 to 2013 as part of the General Programme ‘Solidarity and Management of Migration Flows’ (hereinafter referred to as the ‘Decision’).

Article 2

Financial management and control

1.   The associated States shall take the necessary measures to ensure the compliance with the provisions relevant for the financial management and control which are laid down in the Treaty establishing the European Community (hereinafter referred to as ‘the EC Treaty’) and in secondary Community law.

2.   The provisions referred to in paragraph 1 are the following ones:

| — | Articles 248, paragraphs 1 to 3, 256, 274 and 280, paragraphs 1 to 3 of the EC Treaty, |
| --- | --- |

—

Articles 248, paragraphs 1 to 3, 256, 274 and 280, paragraphs 1 to 3 of the EC Treaty,

| — | Articles 27, 28a, 52, 53, point b, 72(2) and 95(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (hereinafter referred to as the ‘Financial Regulation’), |
| --- | --- |

—

Articles 27, 28a, 52, 53, point b, 72(2) and 95(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (hereinafter referred to as the ‘Financial Regulation’),

| — | The corresponding provisions of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2), |
| --- | --- |

—

The corresponding provisions of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2),

| — | Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (3), and |
| --- | --- |

—

Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (3), and

| — | Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (4). |
| --- | --- |

—

Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (4).

The Parties may decide to amend this list by mutual agreement.

3.   The associated States shall apply the provisions referred to in paragraph 2 in their territory in accordance with this Agreement.

Article 3

Respect for the principle of sound financial management

The appropriations under the Fund spent in the territory of the associated States shall be used in accordance with the principle of sound financial management.

Article 4

Respect for the principle on conflict of interest

All financial actors and any other person involved in budget implementation, management, audit or control acting in the territory of the associated States shall be prohibited from taking any action which may bring their own interests into conflict with those of the Communities.

Article 5

Obligations resulting from the delegation of the implementation

The associated States shall take all the legislative, regulatory and administrative or other measures necessary for protecting the Communities’ interests in accordance with the obligations laid down in Article 53, point b, and 95(2) of the Financial Regulation.

Article 6

Enforcement

Decisions taken by the Commission which impose a pecuniary obligation on persons other than States shall be enforceable in the territory of the associated States.

Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the national authority which the governments of the associated States shall respectively designate for this purpose and shall make known to the Commission.

When these formalities have been completed on application by the Commission, the latter may proceed to enforcement in accordance with the national law, by bringing the matter directly before the competent authority.

Enforcement may be suspended only by a decision of the Court of Justice of the European Communities. However, the courts of the State concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.

Article 7

Protection of the financial interests of the Communities against fraud

1.   As set out in Article 280 of the EC Treaty, the associated States shall:

| (a) | counter fraud and any other illegal activities affecting the financial interests of the Community through measures which shall act as a deterrent and be such as to afford effective protection; |
| --- | --- |

(a)

counter fraud and any other illegal activities affecting the financial interests of the Community through measures which shall act as a deterrent and be such as to afford effective protection;

| (b) | take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests; and |
| --- | --- |

(b)

take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests; and

| (c) | coordinate their action aimed at protecting the financial interests of the Community with the Member States and the Commission. |
| --- | --- |

(c)

coordinate their action aimed at protecting the financial interests of the Community with the Member States and the Commission.

2.   To that end, the associated States shall adopt equivalent measures to those adopted by the Community in accordance with Article 280(4) of the EC Treaty which are in force at the time of signing this Agreement.

The Parties may decide by mutual agreement to adopt equivalent measures to any subsequent measures adopted by the Community in accordance with this Article.

Article 8

On-the-spot checks and inspections by the Commission

Without prejudice to its rights under Articles 35 and 47 of the Decision, the Commission (OLAF) shall be authorised to carry out on-the-spot checks and inspections in the territory of the associated States in accordance with the terms and conditions laid down in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities as regards the Fund.

The authorities of the associated States shall facilitate the on-the-spot checks and inspections which may, if the authorities so wish, be carried out jointly with them.

Article 9

Court of Auditors

As set out in Article 248(3) of the EC Treaty and Part One, Title VIII, chapter 1 of the Financial Regulation, the Court of Auditors as established by the EC Treaty shall notably have the possibility to perform audits on the spot on the premises of any body which manages revenue or expenditure on behalf of the Community in the territory of the associated States as regards the Fund including on the premises of any natural or legal person in receipt of payments from the budget.

Audits by the Court of Auditors in the associated States shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent national departments. The Court of Auditors and the national audit bodies of the associated States shall cooperate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit.

The Court of Auditors shall have at least the same rights as the Commission as laid down in Articles 35 and 47 of the Decision and Article 8 of this Agreement.

Article 10

Public procurement

1.   Iceland, Norway and Liechtenstein shall apply the provisions of their law on public procurement in accordance with Annex XVI to the EEA Agreement.

2.   Switzerland shall apply its national law on public procurement in accordance with the provisions of the WTO Agreement on Government Procurement (GPA).

Switzerland shall provide the Commission with a description of its public procurement procedures together with the description of the management and control system.

Moreover, it shall provide information on the public procurement procedures applied in each final report on the implementation of the annual programme.

Article 11

Financial contributions and allocations

1.   The associated States shall make annual payments to the budget of the Fund in accordance with the following tables:

| EUR thousand | 2009 |
| --- | --- |
| Annual appropriations (EC budget) | 185 500 |
| Iceland | 260 |
| Norway | 5 100 |
| Switzerland | 5 565 |
| For 2009 payments shall be made on the basis of non-revisable fixed amounts (). |

EUR thousand

2009

Annual appropriations (EC budget)

185 500

Iceland

260

Norway

5 100

Switzerland

5 565

For 2009 payments shall be made on the basis of non-revisable fixed amounts ().

| EUR thousand | Index (6) | 2010 | 2011 | 2012 | 2013 |
| --- | --- | --- | --- | --- | --- |
| Foreseen annual appropriations (EC budget) | % | 207 500 | 253 500 | 349 100 | 481 200 |
| Iceland | 0,04 | 79 | 96 | 132 | 183 |
| Norway | 2,61 | 5 408 | 6 607 | 9 099 | 12 542 |
| Switzerland | 3,35 | 6 943 | 8 483 | 11 682 | 16 102 |
| Liechtenstein | 0,03 | 62 | 76 | 105 | 144 |
| For 2010-2013 the payments shall be made on the basis of the index indicated in this table, subject to paragraph 4. |

EUR thousand

Index (6)

2010

2011

2012

2013

Foreseen annual appropriations (EC budget)

%

207 500

253 500

349 100

481 200

Iceland

0,04

79

96

132

183

Norway

2,61

5 408

6 607

9 099

12 542

Switzerland

3,35

6 943

8 483

11 682

16 102

Liechtenstein

0,03

62

76

105

144

For 2010-2013 the payments shall be made on the basis of the index indicated in this table, subject to paragraph 4.

2.   For 2011-2013, the payments shall be made by 15 February of the budget year concerned, following recovery orders issued by the Commission by 15 December of the preceding year.

3.   The contributions foreseen for 2009 shall be due as exceptional contributions in 2010. They shall be paid along with the contributions due for 2010 by 15 February 2010. For Switzerland they shall be paid at the latest one month after the date of the signature of this Agreement.

The allocations foreseen for 2009 to the associated States concerned, established by the Commission in accordance with Articles 14 and 15 of the Decision, shall be due by the Community as exceptional allocations for 2010 as follows:

Iceland: EUR 62 148

Norway: EUR 1 611 049

Switzerland: EUR 2 282 112

A single annual programme (2010) will cover both the 2010 allocations and these exceptional allocations.

As from 2010 the allocations foreseen for the associated States shall be calculated annually in accordance with Articles 14 and 15 of the Decision.

4.   The Parties shall correct the contributions from each associated State for the budget years 2010, 2011, 2012 and 2013 on the basis of the latest available annual GDP figures on 1 May 2012. The correction(s) shall be made to the contribution for 2013.

For the purpose of the corrections, the GDP percentage of the associated State concerned shall be calculated as follows:

| — | as regards Iceland and Norway, for each its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 12(1) of the Association Agreement with Norway and Iceland, |
| --- | --- |

—

as regards Iceland and Norway, for each its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 12(1) of the Association Agreement with Norway and Iceland,

| — | as regards Switzerland, its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 11 of the Association Agreement with Switzerland, |
| --- | --- |

—

as regards Switzerland, its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 11 of the Association Agreement with Switzerland,

| — | as regards Liechtenstein, its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 3 of the Association Protocol with Liechtenstein. |
| --- | --- |

—

as regards Liechtenstein, its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 3 of the Association Protocol with Liechtenstein.

5.   The figures in the table in paragraph 1 shall be adjusted by the Parties in case of a change in the total reference amount in Article 13(1) of the Decision or changes in the actual annual appropriations to those foreseen in the table of paragraph 1 as decided by the budgetary authority of the EC in accordance with Point 37 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (7) in the context of the Multiannual Financial Framework of the European Union for the period 2007-2013.

Any adjustment shall be proportional to the change in the total reference amount or annual appropriation(s) concerned and shall be applied to the budgetary year(s) affected by the change.

To that end, the Commission shall communicate by letter to the associated States the adjustments in the size of their financial contributions and the arrangements to be followed for the relevant payments or reimbursements.

6.   The contribution of Liechtenstein shall only cover the years as from the day referred to in Article 13(6).

7.   The Commission may use up to EUR 300 000 of the payments made by the associated States each year to finance the administrative expenditure related to staff or external staff necessary for supporting the implementation by the associated States of the Decision and this Agreement.

8.   For 2009 and 2010 the Commission shall make the Community budgetary commitments for the budget year concerned on the basis of the amounts allocated to the associated States by the Commission in accordance with Articles 14 and 15 of the Decision.

Article 12

Confidentiality

Information communicated or acquired in any form whatsoever pursuant to this Agreement shall be covered by professional secrecy and protected in the same way as similar information is protected by the provisions applicable to the Community institutions and by the laws of the associated States. Such information shall not be communicated to persons other than those within the Community institutions, in the Member States or in the associated States whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the financial interests of the Parties.

Article 13

Entry into force

1.   The Secretary General of the Council of the European Union shall act as depositary of this Agreement.

2.   The Community, Iceland, Norway, Switzerland and Liechtenstein shall approve this Agreement in accordance with their own procedures.

3.   The entry into force of this Agreement shall require approval by the Community and by at least one other signatory.

4.   This Agreement shall enter into force in relation to any party on the first day of the first month following the deposit of its instrument of approval with the depositary.

5.   Except for Article 6, the Community, Iceland, Norway and Switzerland shall apply this Agreement provisionally as from the day following that of its signature, without prejudice to constitutional requirements.

6.   The Community and Liechtenstein shall apply this Agreement provisionally as from the day when the provisions referred to in Article 2 of the Association Protocol with Liechtenstein are put into effect in accordance with Article 10 of that Protocol.

Article 14

Programming and reporting

1.   The associated States shall inform the Commission of the authorities designated for the implementation of their multiannual programme and the annual programmes no later than one month after the signature of this Agreement.

2.   The associated States shall submit their draft multiannual programme 2010-2013 to the Commission no later than three months after the signature of this Agreement.

3.   The associated States shall submit their draft annual programme for 2010 to the Commission no later than five months after the signature of this Agreement.

4.   The associated States shall submit a description of the management and control systems referred to in Article 34(2) of the Decision no later than three months after the signature of this Agreement.

5.   The Commission shall approve the multiannual programme within three months of its formal submission and the annual programme 2010 within one month of its formal submission in accordance with the procedures set up in the Decision and provided that the Commission has satisfied itself in accordance with the procedure laid down in Article 34 of the Decision that the associated States have set up management and control systems that comply with Articles 26 to 32 of the Decision.

6.   It is not necessary for the associated States to submit the evaluation report foreseen in Article 52(2)(a) of the Decision.

Article 15

Validity and termination

1.   Either the Community or an associated State may terminate this Agreement by notifying the other Parties of its decision. The Agreement shall cease to apply three months after the date of such notification. Projects and activities in progress at the time of termination shall continue according to the conditions laid down in this Agreement. The Parties shall settle by mutual agreement any other consequences of termination.

2.   As regards Iceland and Norway, this Agreement shall be terminated when the respective Association Agreement with Norway and Iceland is terminated in accordance with Articles 8, paragraph 4, 11, paragraph 3 or 16 of that Agreement.

As regards Switzerland, this Agreement shall be terminated when the Association Agreement with Switzerland is terminated in accordance with Articles 7, paragraph 4, 10, paragraph 3 or 17 of that Agreement.

As regards Liechtenstein, this Agreement shall be terminated when the Association Protocol with Liechtenstein is terminated in accordance with Articles 5, paragraph 4, 11, paragraph 1 or 11, paragraph 3 of that Protocol.

Article 16

Languages

This Agreement as well as the Declarations annexed thereto shall be drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Icelandic and Norwegian languages, each of those texts being equally authentic.

Съставено в Брюксел на деветнадесети март две хиляди и десета година.

Hecho en Bruselas, el diecinueve de marzo de dos mil diez.

V Bruselu dne devatenáctého března dva tisíce deset.

Udfærdiget i Bruxelles den nittende marts to tusind og ti.

Geschehen zu Brüssel am neunzehnten März zweitausendzehn.

Kahe tuhande kümnenda aasta märtsikuu üheksateistkümnendal päeval Brüsselis.

'Εγινε στις Βρυξέλλες, στιςδέκα εννέα Μαρτίου δύο χιλιάδες δέκα.

Done at Brussels on the nineteenth day of March in the year two thousand and ten.

Fait à Bruxelles, le dix-neuf mars deux mille dix.

Fatto a Bruxelles, addì diciannove marzo duemiladieci.

Briselē, divi tūkstoši desmitā gada deviņpadsmitajā martā.

Priimta du tūkstančiai dešimtų metų kovo devynioliktą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizedik év március tizenkilencedik napján.

Magħmul fi Brussell, id-dsatax-il jum ta' Marzu tas-sena elfejn u għaxra.

Gedaan te Brussel, de negentiende maart tweeduizend tien.

Sporządzono w Brukseli dnia dziewiętnastego marca roku dwa tysiące dziesiątego.

Feito em Bruxelas, em dezanove de Março de dois mil e dez.

Încheiat la Bruxelles, la nouăsprezece martie două mii zece.

V Bruseli dňa devätnásteho marca dvetisícdesať.

V Bruslju, dne devetnajstega marca leta dva tisoč deset.

Tehty Brysselissä yhdeksäntenätoista päivänä maaliskuuta vuonna kaksituhattakymmenen.

Som skedde i Bryssel den nittonde mars tjugohundratio.

Gjört í Brussel hinn nítjánda dag marsmánaðar árið tvö þúsund og tíu.

Utferdiget i Brussel, den nittende mars totusenogti.

За Европейската общност

For the European Community

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Image

Fyrir hönd Islands

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For Kongeriket Norge

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Für die Schweizerische Eidgenossenschaft

Pour la Confédération suisse

Per la Confederazione svizzera

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Für das Fürstentum Liechtenstein

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(1)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Council Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

1

(2)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

2

(3)  OJ L 292, 15.11.1996, p. 2.

3

(4)  OJ L 136, 31.5.1999, p. 1.

4

(5)  Based on GDP of the year 2007.

5

For 2009 payments shall be made on the basis of non-revisable fixed amounts ().

(6)  Index figures are rounded up.

For 2010-2013 the payments shall be made on the basis of the index indicated in this table, subject to paragraph 4.

(7)  OJ C 139, 14.6.2006, p. 1.

7

JOINT DECLARATION BY THE EUROPEAN COMMUNITY AND LIECHTENSTEIN ON THE LATTER’S PARTICIPATION IN THE EXTERNAL BORDERS FUND IN APPLICATION OF DECISION No 574/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

THE EUROPEAN COMMUNITY AND LIECHTENSTEIN

| — | Having regard to the geographic situation of Liechtenstein in that it lacks external borders and a consular network which would be at the basis for developing a programme to implement the Fund, and |
| --- | --- |

—

Having regard to the geographic situation of Liechtenstein in that it lacks external borders and a consular network which would be at the basis for developing a programme to implement the Fund, and

| — | Recognising Liechtenstein’s commitment to pursue the objectives of the Schengen acquis as well as its solidarity with the States that apply the Schengen provisions on external borders,
  agree that Liechtenstein can choose not to participate in the implementation of the Fund, provided that it contributes financially to the Fund in accordance with Article 11 of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013. Accordingly, Liechtenstein will contribute to the Fund but waive the right to receive allocations under the Fund in accordance with Articles 14 and 15 of Decision No 574/2007/EC of the European Parliament and of the Council. |
| --- | --- |

—

Recognising Liechtenstein’s commitment to pursue the objectives of the Schengen acquis as well as its solidarity with the States that apply the Schengen provisions on external borders,

agree that Liechtenstein can choose not to participate in the implementation of the Fund, provided that it contributes financially to the Fund in accordance with Article 11 of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013. Accordingly, Liechtenstein will contribute to the Fund but waive the right to receive allocations under the Fund in accordance with Articles 14 and 15 of Decision No 574/2007/EC of the European Parliament and of the Council.

Should Liechtenstein at a later stage wish to participate, it shall inform the Commission well in advance and the necessary practical arrangements to ensure the application of Decision No 574/2007/EC of the European Parliament and of the Council, the implementing rules and this Agreement shall be laid down in an Exchange of Letters.

DECLARATION BY THE GOVERNMENT OF NORWAY ON THE DIRECT ENFORCEABILITY OF DECISIONS BY THE EUROPEAN COMMUNITY INSTITUTIONS REGARDING PECUNIARY OBLIGATIONS ADDRESSED TO ENTERPRISES LOCATED IN NORWAY

The attention of the Contracting Parties is drawn to the fact that the present constitution of Norway does not provide for direct enforceability of decisions by the European Community institutions regarding pecuniary obligations addressed to enterprises located in Norway. Norway acknowledges that such decisions should continue to be addressed directly to these enterprises and that they should fulfil their obligations in accordance with the present practice. The said constitutional limitations to direct enforceability of decisions by European Community institutions regarding pecuniary obligations do not apply to subsidiaries and assets in the territory of the Community belonging to enterprises located in Norway. If difficulties should arise, Norway is prepared to enter into consultations and work towards a mutually satisfactory solution.

DECLARATION BY THE EUROPEAN COMMUNITY

The Commission will keep the situation referred to in Norway’s unilateral declaration under constant review. It may at any time initiate consultations with Norway with a view to finding satisfactory solutions to such problems as may arise.

Joint Declaration by the European Union and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on the signature of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013

As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date the European Union exercises all rights and assumes all obligations of the European Community.

Therefore, references to ‘the European Community’ in the text of the aforementioned Agreement, signed today, are, where appropriate, to be read as ‘the European Union’.

Done at Brussels on Image 2010.

For the European Union

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For the Republic of Iceland

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For the Kingdom of Norway

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For the Swiss Confederation

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For the Principality of Liechtenstein

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