----

----

I Acts whose publication is obligatory

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COUNCIL REGULATION (EC) No 919/2005

of 13 June 2005

amending Regulation (EC) No 827/2004 as regards the prohibition of imports of Atlantic bigeye tuna from Cambodia, Equatorial Guinea and Sierra Leone, and repealing Regulation (EC) No 826/2004 prohibiting imports of blue-fin tuna from Equatorial Guinea and Sierra Leone and Regulation (EC) No 828/2004 prohibiting imports of swordfish from Sierra Leone

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 827/2004 is hereby amended as follows:

Article 2

Regulations (EC) No 826/2004 and (EC) No 828/2004 shall be repealed.

Article 3

This Regulation shall enter into force on the seventh day following 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 Luxembourg, 13 June 2005.

For the Council

The President

J. ASSELBORN

----

(1)OJ L 162, 18.6.1986, p. 33.

(2)OJ L 127, 29.4.2004, p. 21.

(3)OJ L 127, 29.4.2004, p. 19.

(4)OJ L 127, 29.4.2004, p. 23.

----

----

COUNCIL REGULATION (EC) No 920/2005

of 13 June 2005

amending Regulation No 1 of 15 April 1958 determining the language to be used by the European Economic Community and Regulation No 1 of 15 April 1958 determining the language to be used by the European Atomic Energy Community and introducing temporary derogation measures from those Regulations

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 290 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 190 thereof,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation No 1 is hereby amended as follows:

Article 2

By way of derogation from Regulation No 1 and for a renewable period of five years beginning on the day on which this Regulation applies, the institutions of the European Union shall not be bound by the obligation to draft all acts in Irish and to publish them in that language in the Official Journal of the European Union.

This Article shall not apply to Regulations adopted jointly by the European Parliament and the Council.

Article 3

Not later than four years after the date of application of this Regulation and at five-yearly intervals thereafter, the Council shall review the operation of Article 2 and determine unanimously whether to put an end to the derogation referred to in that Article.

Article 4

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

It shall apply from 1 January 2007.

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

Done at Luxembourg, 13 June 2005.

For the Council

The President

J. ASSELBORN

----

(1)OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the 2003 Act of Accession.

(2)OJ 17, 6.10.1958, p. 401/58. Regulation as last amended by the 2003 Act of Accession.

----

----

COMMISSION REGULATION (EC) No 921/2005

of 17 June 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 18 June 2005.

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

Done at Brussels, 17 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

----

ANNEX

to Commission Regulation of 17 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

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

----

----

COMMISSION REGULATION (EC) No 922/2005

of 17 June 2005

on the issuing of export licences for wine-sector products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 883/2001 of 24 April 2001, laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (1), and in particular Article 7 and Article 9(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   Export licences with advance fixing of the refund for wine-sector products for which applications are submitted from 8 to 14 June 2005 under Regulation (EC) No 883/2001 shall be issued in concurrence with 20,78 % of the quantities requested for zone (1) Africa and shall be issued in concurrence with 100,00 % of the quantities requested for zone (4) western Europe.

2.   The issue of export licences for wine-sector products referred to in paragraph 1 for which applications are submitted from 15 June 2005 and the submission of export licence applications from 17 June 2005 for destination zones (1) Africa and (4) western Europe shall be suspended until 1 July 2005.

Article 2

This Regulation shall enter into force on 18 June 2005.

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

Done at Brussels, 17 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

----

(1)OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 908/2004 (OJ L 163, 30.4.2004, p. 56).

(2)OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

----

----

COMMISSION REGULATION (EC) No 923/2005

of 15 June 2005

on the transfer and sale on the Portuguese market of 80 000 tonnes of common wheat, 80 000 tonnes of maize and 40 000 tonnes of barley held by the Hungarian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   The Hungarian intervention agency shall make available 80 000 tonnes of common wheat, 80 000 tonnes of maize and 40 000 tonnes of barley to the Portuguese intervention agency.

2.   The Portuguese intervention agency shall take over the products referred to in paragraph 1, arrange for them to be transported to Portugal and ensure that they are disposed of for use as animal feed before 31 December 2005.

Article 2

1.   The Hungarian intervention agency shall debit the annual accounts referred to in Article 4(1) of Regulation (EEC) No 1883/78 with the quantities of common wheat, maize and barley, valued at zero.

2.   The Portuguese intervention agency shall credit the annual accounts referred to in Article 4(1) of Regulation (EEC) No 1883/78 with the quantities of common wheat, maize and barley physically taken over, valued at zero, and shall value them at the end of the month at EUR 101,44/t in the case of common wheat, EUR 85,52/t in the case of maize and EUR 80,87/t in the case of barley.

3.   All the other formalities laid down in Community legislation relating to the transfer of cereals between the Hungarian intervention agency and the Portuguese intervention agency shall be completed under the responsibility of those agencies.

Article 3

1.   The transport costs for the quantities of cereals referred to in Article 1 of this Regulation shall be entered by the Portuguese intervention agency in the annual accounts referred to in Article 4(1) of Regulation (EEC) No 1883/78 on the basis of the standard amount laid down in paragraph 2 of this Article.

2.   The Community shall contribute EUR 60/t towards the cost of transporting the cereals.

Article 4

1.   The Portuguese and Hungarian intervention agencies shall agree on the choice of places of departure and destination and, where applicable, intermediate storage locations, and on the dates of removal of the products. The lists of those places and the relevant quantities shall be forwarded to the Commission immediately.

2.   The Portuguese and Hungarian intervention agencies shall ascertain, on loading in Hungary and on entry into the storage locations in Portugal, the loaded and unloaded weight and, on the basis of an analysis certificate, the quality of the products in question.

Article 5

The Hungarian intervention agency shall inform the Portuguese intervention agency and the Commission of the quantities actually recorded as removed and the dates of removal for each place of removal.

Article 6

The Portuguese intervention agency shall take over the cereals in accordance with the quantities loaded onto the means of transport when they leave the warehouse designated by the Hungarian intervention agency and shall assume responsibility for them at that moment.

The Portuguese intervention agency shall inform the Commission and the Hungarian intervention agency of the progress of the transfer operations.

Article 7

The Portuguese intervention agency shall sell the quantities of cereals transferred from the stocks of the Hungarian intervention agency on its domestic market by standing invitation to tender.

In accordance with Article 4 of Regulation (EEC) No 2131/93, the sale shall be reserved exclusively for cattle, sheep and goat farmers’ associations or cooperatives and processing plants that have concluded cooperation contracts with such associations or cooperatives for use in Portugal.

Article 8

Regulation (EEC) No 2131/93 shall apply to the sale referred to in Article 7 of this Regulation, subject to Article 9.

Article 9

1.   The quantities of each type of cereal to be sold shall correspond to the quantities actually transferred and shall be specified in the notice of invitation to tender.

2.   The minimum quantity for each tender shall be 1 500 tonnes.

3.   Tenders shall be drawn up for the actual quality of the lot to which they relate.

4.   The minimum selling price for each type of cereal shall be laid down at a level that does not disturb the Portuguese cereal market and in any event is not below the intervention price.

Article 10

The Portuguese authorities shall draw up a notice of invitation to tender specifying in particular the dates of the invitations to tender and detailed control provisions enabling them to satisfy themselves that the second paragraph of Article 7 is complied with.

Article 11

This Regulation shall enter into force on the third day following 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, 15 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 78.

(2)OJ L 216, 5.8.1978, p. 1. Regulation as last amended by Regulation (EC) No 695/2005 (OJ L 114, 4.5.2005, p. 1).

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

----

----

COMMISSION REGULATION (EC) No 924/2005

of 17 June 2005

concerning the 84th special invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 84th individual invitation to tender pursuant to Regulation (EC) No 2799/1999, in respect of which the time limit for the submission of tenders expired on 14 June 2005, no award shall be made.

Article 2

This Regulation shall enter into force on 18 June 2005.

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

Done at Brussels, 17 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 340, 31.12.1999, p. 3. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

----

COMMISSION REGULATION (EC) No 925/2005

of 17 June 2005

fixing the minimum selling price for skimmed-milk powder for the 20th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 20th individual invitation to tender pursuant to Regulation (EC) No 214/2001, in respect of which the time limit for the submission of tenders expired on 14 June 2005, the minimum selling price for skimmed milk is fixed at 198,24 EUR/100 kg.

Article 2

This Regulation shall enter into force on 18 June 2005.

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

Done at Brussels, 17 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 37, 7.2.2001, p. 100. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

----

COMMISSION REGULATION (EC) No 926/2005

of 17 June 2005

fixing the minimum selling prices for butter for the 165th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The minimum selling prices of butter from intervention stocks and processing securities applying for the 165th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 18 June 2005.

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

Done at Brussels, 17 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 350, 20.12.1997, p. 3. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

ANNEX

to the Commission Regulation of 17 June 2005 fixing the minimum selling prices for butter for the 165th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

----

----

COMMISSION REGULATION (EC) No 927/2005

of 17 June 2005

fixing the maximum aid for cream, butter and concentrated butter for the 165th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The maximum aid and processing securities applying for the 165th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 18 June 2005.

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

Done at Brussels, 17 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 350, 20.12.1997, p. 3. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

ANNEX

to the Commission Regulation of 17 June 2005 fixing the maximum aid for cream, butter and concentrated butter for the 165th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

----

----

COMMISSION REGULATION (EC) No 928/2005

of 17 June 2005

fixing the maximum aid for concentrated butter for the 337th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 337th tender under the standing invitation to tender opened by Regulation (EEC) No 429/90 the maximum aid and the end-use security are fixed as follows:

Article 2

This Regulation shall enter into force on 18 June 2005.

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

Done at Brussels, 17 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 45, 21.2.1990, p. 8. Regulation as last amended by Commission Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

----

COMMISSION REGULATION (EC) No 929/2005

of 17 June 2005

fixing the minimum selling price for butter for the 21st individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 21st individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 14 June 2005, the minimum selling price for butter is fixed at 275 EUR/100 kg.

Article 2

This Regulation shall enter into force on 18 June 2005.

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

Done at Brussels, 17 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

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II Acts whose publication is not obligatory

Conference of the Representatives of the Governments of the Member States

----

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL

of 30 May 2005

setting the deadline for the commitment of the funds of the 9th European Development Fund (EDF)

(2005/446/EC)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty establishing the European Community,

Having regard to the proposal from the Commission,

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), hereinafter referred to as the ‘Partnership Agreement’,

Having regard to the Internal Agreement between Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of community aid under the financial protocol to the ACP-EC Partnership Agreement (2), hereinafter referred to as the ‘Internal Agreement’, and in particular Article 2(4) thereof,

Whereas:

HAVE DECIDED AS FOLLOWS:

Article 1

The date beyond which the funds of the 9th EDF managed by the Commission, the interest subsidies managed by the European Investment Bank (EIB) and the revenue accruing from the interest on these appropriations will not be committed, shall be set at 31 December 2007. This date could be reviewed if need be.

Article 2

The amount allocated to finance the Investment Facility as a revolving fund, and managed by the EIB, shall not be affected by this Decision.

Article 3

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

Done at Brussels, 30 May 2005.

On behalf of the Governments of the Member States

The President

F. BODEN

----

(1)OJ L 317, 15.12.2000, p. 3. Agreement as last amended by Decision No 2/2004 of the ACP-EC Council of Ministers (OJ L 297, 22.9.2004, p. 18).

(2)OJ L 317, 15.12.2000, p. 355.

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Acts adopted under Title V of the Treaty on European Union

----

COUNCIL DECISION 2005/447/CFSP

of 14 March 2005

concerning the conclusion of the Agreement between the European Union and the Argentine Republic on the participation of the Argentine Republic in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the recommendation from the Presidency,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Argentine Republic on the participation of the Argentine Republic in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea) is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.

Article 3

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

Article 4

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

Done at Brussels, 14 March 2005.

For the Council

The President

F. BODEN

----

(1)OJ L 252, 28.7.2004, p. 10.

----

AGREEMENT

between the European Union and the Argentine Republic on the participation of the Argentine Republic in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)

THE EUROPEAN UNION (EU),

of the one part, and

THE ARGENTINE REPUBLIC

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

1.   The Argentine Republic shall associate itself with Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.

2.   The contribution of the Argentine Republic to the EU military crisis management operation is without prejudice to the decision-making autonomy of the European Union.

3.   The Argentine Republic shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with

4.   Forces and personnel seconded to the operation by the Argentine Republic shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.

5.   The Argentine Republic shall inform the EU Operation Commander in due time of any change to its participation in the operation.

Article 2

Status of forces

1.   The status of the forces and personnel contributed to the EU military crisis management operation by the Argentine Republic shall be governed by the provisions on the status of forces, if available, agreed between the European Union and the host country.

2.   The status of the forces and personnel contributed to headquarters or command elements located outside Bosnia and Herzegovina, shall be governed by arrangements between the headquarters and command elements concerned and the Argentine Republic.

3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Argentine Republic shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.

4.   The Argentine Republic shall be responsible for answering any claims linked to the participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The Argentine Republic shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.

5.   The Argentine Republic undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.

6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of the Argentine Republic in the EU military crisis management operation, and to do so when signing this Agreement.

Article 3

Classified information

1.   The Argentine Republic shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (4), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.

2.   Where the EU and the Argentine Republic have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military crisis management operation.

Article 4

Chain of command

1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.

2.   National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.

3.   The Argentine Republic shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.

4.   The EU Operation Commander may, following consultations with the Argentine Republic, at any time request the withdrawal of the Argentine Republic’s contribution.

5.   A Senior Military Representative (SMR) shall be appointed by the Argentine Republic to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.

Article 5

Financial aspects

1.   The Argentine Republic shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (5).

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Argentine Republic shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, if available, as referred to in Article 2(1) of this Agreement.

Article 6

Arrangements to implement the Agreement

Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the Argentine Republic.

Article 7

Non-compliance

Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.

Article 8

Dispute settlement

Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.

Article 9

Entry into force

1.   This Agreement shall enter into force on the date of signature.

2.   This Agreement shall remain in force for the duration of the Argentine Republic’s contribution to the operation.

For the European Union

For the Argentine Republic

----

(1)OJ L 252, 28.7.2004, p. 10.

(2)OJ L 324, 27.10.2004, p. 20.

(3)OJ L 325, 28.10.2004, p. 64. Decision as amended by Decision BiH/5/2004 (OJ L 357, 2.12.2004, p. 39).

(4)OJ L 101, 11.4.2001, p. 1. Decision as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

(5)OJ L 63, 28.2.2004, p. 68.

DECLARATIONS

referred to in Article 2(5) and (6)

Declaration by the EU Member States:

‘The EU Member States applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Argentine Republic for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

Declaration by the Argentine Republic:

‘The Argentine Republic applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

----