# Official Journal L 188/2006

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 188 |
| | |
| English edition | Legislation | Volume 4911 July 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 188

English edition

Legislation

Volume 4911 July 2006

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1047/2006 of 10 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1048/2006 of 10 July 2006 amending Regulation (EC) No 2185/2005 opening Community tariff quotas for 2006 for sheep, goats, sheepmeat and goatmeat | 3 |
| | * | Commission Regulation (EC) No 1049/2006 of 10 July 2006 concerning the classification of certain goods in the Combined Nomenclature | 5 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1047/2006 of 10 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1048/2006 of 10 July 2006 amending Regulation (EC) No 2185/2005 opening Community tariff quotas for 2006 for sheep, goats, sheepmeat and goatmeat

3

*

Commission Regulation (EC) No 1049/2006 of 10 July 2006 concerning the classification of certain goods in the Combined Nomenclature

5

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Council |
| | * | Council Decision of 12 June 2006 amending Decision 1999/70/EC with regard to the external auditors of the Banque de France | 7 |

II   Acts whose publication is not obligatory

Council

*

Council Decision of 12 June 2006 amending Decision 1999/70/EC with regard to the external auditors of the Banque de France

7

| | | Acts adopted under Title V of the Treaty on European Union |
| --- | --- | --- |
| | * | Council Decision 2006/477/CFSP of 30 June 2006 concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) | 9 |
| Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) | 10 |

Acts adopted under Title V of the Treaty on European Union

*

Council Decision 2006/477/CFSP of 30 June 2006 concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)

9

Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)

10

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Political and Security Committee Decision EUPM/1/2005 of 25 November 2005 concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (OJ L 335, 21.12.2005) | 14 |

Corrigenda

*

Corrigendum to Political and Security Committee Decision EUPM/1/2005 of 25 November 2005 concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (OJ L 335, 21.12.2005)

14

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

EN

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

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

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I Acts whose publication is obligatory

| 11.7.2006 | EN | Official Journal of the European Union | L 188/1 |
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11.7.2006

EN

Official Journal of the European Union

L 188/1

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COMMISSION REGULATION (EC) No 1047/2006

of 10 July 2006

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 11 July 2006.

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

Done at Brussels, 10 July 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

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

1

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ANNEX

to Commission Regulation of 10 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 93,3 |
| 204 | 28,7 |
| 999 | 61,0 |
| 0707 00 05 | 052 | 124,8 |
| 999 | 124,8 |
| 0709 90 70 | 052 | 88,0 |
| 999 | 88,0 |
| 0805 50 10 | 388 | 57,8 |
| 528 | 51,6 |
| 999 | 54,7 |
| 0808 10 80 | 388 | 90,6 |
| 400 | 102,5 |
| 404 | 94,7 |
| 508 | 83,9 |
| 512 | 71,2 |
| 524 | 48,2 |
| 528 | 69,6 |
| 720 | 103,5 |
| 800 | 145,8 |
| 804 | 95,3 |
| 999 | 90,5 |
| 0808 20 50 | 388 | 102,8 |
| 512 | 96,8 |
| 528 | 75,0 |
| 720 | 31,0 |
| 999 | 76,4 |
| 0809 10 00 | 052 | 188,0 |
| 999 | 188,0 |
| 0809 20 95 | 052 | 310,0 |
| 068 | 95,0 |
| 999 | 202,5 |
| 0809 40 05 | 624 | 146,2 |
| 999 | 146,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

93,3

204

28,7

999

61,0

0707 00 05

052

124,8

999

124,8

0709 90 70

052

88,0

999

88,0

0805 50 10

388

57,8

528

51,6

999

54,7

0808 10 80

388

90,6

400

102,5

404

94,7

508

83,9

512

71,2

524

48,2

528

69,6

720

103,5

800

145,8

804

95,3

999

90,5

0808 20 50

388

102,8

512

96,8

528

75,0

720

31,0

999

76,4

0809 10 00

052

188,0

999

188,0

0809 20 95

052

310,0

068

95,0

999

202,5

0809 40 05

624

146,2

999

146,2

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

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| 11.7.2006 | EN | Official Journal of the European Union | L 188/3 |
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11.7.2006

EN

Official Journal of the European Union

L 188/3

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COMMISSION REGULATION (EC) No 1048/2006

of 10 July 2006

amending Regulation (EC) No 2185/2005 opening Community tariff quotas for 2006 for sheep, goats, sheepmeat and goatmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat (1), and in particular Article 16(1) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 2185/2005 (2) provides for the opening of Community tariff quotas for sheep, goats, sheepmeat and goatmeat for the period from 1 January to 31 December 2006. |
| --- | --- |

(1)

Commission Regulation (EC) No 2185/2005 (2) provides for the opening of Community tariff quotas for sheep, goats, sheepmeat and goatmeat for the period from 1 January to 31 December 2006.

| (2) | The Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV.6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (3), approved by Council Decision 2006/106/EC (4), provides for the granting of an additional tariff quota quantity of 136 tonnes (carcass weight) for Australia as from 1 January 2006, which should be added to the quantity available for 2006. |
| --- | --- |

(2)

The Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV.6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (3), approved by Council Decision 2006/106/EC (4), provides for the granting of an additional tariff quota quantity of 136 tonnes (carcass weight) for Australia as from 1 January 2006, which should be added to the quantity available for 2006.

| (3) | As a result of the negotiations which led to the Agreement in the form of an Exchange of Letters between the European Community and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (5), approved by Council Decision 2006/333/EC (6), the Community undertook to incorporate in its schedule an erga omnes annual import tariff quota of live sheep, other than pure-bred breeding animals of 91 tonnes natural weight (43 tonnes carcass weight). The import tariff quota of live animals of 49 tonnes carcass weight previously attributed to the ‘others’ shall be open to all. The two import tariff quotas of live animals should be summed up to give a total of 92 tonnes carcass weight. The order number of the quota will remain the same. |
| --- | --- |

(3)

As a result of the negotiations which led to the Agreement in the form of an Exchange of Letters between the European Community and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (5), approved by Council Decision 2006/333/EC (6), the Community undertook to incorporate in its schedule an erga omnes annual import tariff quota of live sheep, other than pure-bred breeding animals of 91 tonnes natural weight (43 tonnes carcass weight). The import tariff quota of live animals of 49 tonnes carcass weight previously attributed to the ‘others’ shall be open to all. The two import tariff quotas of live animals should be summed up to give a total of 92 tonnes carcass weight. The order number of the quota will remain the same.

| (4) | Regulation (EC) No 2185/2005 should be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 2185/2005 should be amended accordingly.

| (5) | Since the tariff quotas are opened from 1 January 2006, this Regulation should apply retroactively as from the same date. |
| --- | --- |

(5)

Since the tariff quotas are opened from 1 January 2006, this Regulation should apply retroactively as from the same date.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for sheepmeat and goatmeat, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for sheepmeat and goatmeat,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 2185/2005 is replaced by the text in the Annex to this Regulation.

Article 2

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 2006.

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

Done at Brussels, 10 July 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

1

(2)  OJ L 347, 30.12.2005, p. 70.

2

(3)  OJ L 47, 17.2.2006, p. 54.

3

(4)  OJ L 47, 17.2.2006, p. 52.

4

(5)  OJ L 124, 11.5.2006, p. 15.

5

(6)  OJ L 124, 11.5.2006, p. 13.

6

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ANNEX

‘ANNEX

SHEEPMEAT AND GOATMEAT (in tonnes (t) of carcass weight equivalent) COMMUNITY TARIFF QUOTAS FOR 2006

| Country group No | CN codes | Ad valorem duty
  % | Specific duty
  EUR/100 kg | Order number under “first-come, first-served” | Origin | Annual volume in tonnes of carcass weight equivalent |
| --- | --- | --- | --- | --- | --- | --- |
| Live animals
  (Coefficient = 0,47) | Boneless lamb (1)

  (Coefficient = 1,67) | Boneless mutton/sheep (2)

  (Coefficient = 1,81) | Bone-in and carcasses
  (Coefficient = 1,00) |
| 1 | 0204 | Zero | Zero | — | 09.2101 | 09.2102 | 09.2011 | Argentina | 23 000 |
| — | 09.2105 | 09.2106 | 09.2012 | Australia | 18 786 |
| — | 09.2109 | 09.2110 | 09.2013 | New Zealand | 227 854 |
| — | 09.2111 | 09.2112 | 09.2014 | Uruguay | 5 800 |
| — | 09.2115 | 09.2116 | 09.1922 | Chile | 5 600 |
| — | 09.2119 | 09.2120 | 09.0790 | Iceland | 1 350 |
| 2 | 0204 | Zero | Zero | — | 09.2121 | 09.2122 | 09.0781 | Norway | 300 |
| 3 | 0204 | Zero | Zero | — | 09.2125 | 09.2126 | 09.0693 | Greenland | 100 |
| — | 09.2129 | 09.2130 | 09.0690 | Faeroes | 20 |
| — | 09.2131 | 09.2132 | 09.0227 | Turkey | 200 |
| 4 | 0104 10 30, 0104 10 80 and 0104 20 90.
  For the species “other than domestic sheep” only: ex 0204, ex 0210 99 21 and ex 0210 99 29 | Zero | Zero | 09.2141 | 09.2145 | 09.2149 | 09.1622 | ACP States | 100 |
| For the species “domestic sheep” only: ex 0204, ex 0210 99 21 and ex 0210 99 29 | Zero | 65 % reduction of specific duties | — | 09.2161 | 09.2165 | 09.1626 | ACP States | 500 |
| 5 (3) | 0204 | Zero | Zero | — | 09.2171 | 09.2175 | 09.2015 | Others | 200 |
| 6 | 0104 10 30
  0104 10 80
  0104 20 90 | 10 % | Zero | 09.2181 | — | — | 09.2019 | Erga omnes | 92 |

Country group No

CN codes

Ad valorem duty

%

Specific duty

EUR/100 kg

Order number under “first-come, first-served”

Origin

Annual volume in tonnes of carcass weight equivalent

Live animals

(Coefficient = 0,47)

Boneless lamb (1)

(Coefficient = 1,67)

Boneless mutton/sheep (2)

(Coefficient = 1,81)

Bone-in and carcasses

(Coefficient = 1,00)

1

0204

Zero

Zero

—

09.2101

09.2102

09.2011

Argentina

23 000

—

09.2105

09.2106

09.2012

Australia

18 786

—

09.2109

09.2110

09.2013

New Zealand

227 854

—

09.2111

09.2112

09.2014

Uruguay

5 800

—

09.2115

09.2116

09.1922

Chile

5 600

—

09.2119

09.2120

09.0790

Iceland

1 350

2

0204

Zero

Zero

—

09.2121

09.2122

09.0781

Norway

300

3

0204

Zero

Zero

—

09.2125

09.2126

09.0693

Greenland

100

—

09.2129

09.2130

09.0690

Faeroes

20

—

09.2131

09.2132

09.0227

Turkey

200

4

0104 10 30, 0104 10 80 and 0104 20 90.

For the species “other than domestic sheep” only: ex 0204, ex 0210 99 21 and ex 0210 99 29

Zero

Zero

09.2141

09.2145

09.2149

09.1622

ACP States

100

For the species “domestic sheep” only: ex 0204, ex 0210 99 21 and ex 0210 99 29

Zero

65 % reduction of specific duties

—

09.2161

09.2165

09.1626

ACP States

500

5 (3)

0204

Zero

Zero

—

09.2171

09.2175

09.2015

Others

200

6

0104 10 30

0104 10 80

0104 20 90

10 %

Zero

09.2181

—

—

09.2019

Erga omnes

92

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(1)  And goatmeat of kid.

1

(2)  And goatmeat other than of kid.

2

(3)  “Others” shall refer to all origins including the ACP States and excluding the other countries mentioned in the current table.’

3

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| 11.7.2006 | EN | Official Journal of the European Union | L 188/5 |
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11.7.2006

EN

Official Journal of the European Union

L 188/5

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COMMISSION REGULATION (EC) No 1049/2006

of 10 July 2006

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

| (3) | Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3. |
| --- | --- |

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3.

| (4) | It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the twentieth 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, 10 July 2006.

For the Commission

László KOVÁCS

Member of the Commission

---

(1)  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 949/2006 (OJ L 174, 28.6.2006, p. 3).

1

(2)  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).

2

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ANNEX

| Description of the goods | Classification
  (CN-code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| 1. | Product made up of two hollow hemispherical wafers joined together, filled with a milky cream that does not contain cocoa, and embedding an almond. The product has a white coating on the outside which consists of a preparation based on sugar, vegetable fat, skimmed milk and coconut milk, and is covered with grated coconut.
  The product has the shape of a ball with a diameter of approximately 2,5 cm. The baked wafer, which is not visible from the outside, is approximately 2 mm thick. |

Description of the goods

Classification

(CN-code)

Reasons

(1)

(2)

(3)

1.

Product made up of two hollow hemispherical wafers joined together, filled with a milky cream that does not contain cocoa, and embedding an almond. The product has a white coating on the outside which consists of a preparation based on sugar, vegetable fat, skimmed milk and coconut milk, and is covered with grated coconut.

The product has the shape of a ball with a diameter of approximately 2,5 cm. The baked wafer, which is not visible from the outside, is approximately 2 mm thick.

1704 90 99

Classification is determined by General Rule 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 1704, 1704 90 and 1704 90 99.

Although the product is manufactured using a baked wafer in the shape of a ball, the product has the character of a sugar confectionery of heading 1704, and the stability of the product does not depend entirely on the wafer.

Wafers can only be classified in heading 1905 if they have the character of baker's wares. Heading 1905 does not contain an upper limit for the filling content of pastries. However, the wafer does not give the product its essential character as it only serves to shape and separate the filling from the coating. Consequently, the product cannot be classified in heading 1905.

| 2. | Product made up of two hollow hemispherical wafers joined together, filled with a creamy nougat and nut centre containing cocoa, and a hazelnut. It is completely coated on the outside with chocolate and chopped hazelnuts.
  The product has the shape of a ball with a diameter of approximately 3 cm. The baked wafer, which is not visible from outside, is approximately 2 mm thick. |
| --- | --- |

2.

Product made up of two hollow hemispherical wafers joined together, filled with a creamy nougat and nut centre containing cocoa, and a hazelnut. It is completely coated on the outside with chocolate and chopped hazelnuts.

The product has the shape of a ball with a diameter of approximately 3 cm. The baked wafer, which is not visible from outside, is approximately 2 mm thick.

1806 90 19

Classification is determined by General Rule 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, Note 1(a) to Chapter 17, Note 2 to Chapter 18 and the wording of CN codes 1806, 1806 90 and 1806 90 19.

Although the product is manufactured using a baked wafer in the shape of a ball, the product has the character of a filled chocolate of heading 1806 (Explanatory Notes to the Combined Nomenclature to subheadings 1806 90 11 and 1806 90 19). The stability of the product does not depend entirely on the wafer.

Wafers can only be classified in heading 1905 if they have the character of baker's wares. Heading 1905 does not contain an upper limit for the filling content of pastries. However, the wafer does not give the product its essential character as it only serves to shape and separate the filling from the coating. Consequently, the product cannot be classified in heading 1905.

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II Acts whose publication is not obligatory

Council

| 11.7.2006 | EN | Official Journal of the European Union | L 188/7 |
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11.7.2006

EN

Official Journal of the European Union

L 188/7

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COUNCIL DECISION

of 12 June 2006

amending Decision 1999/70/EC with regard to the external auditors of the Banque de France

(2006/476/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the statute of the European system of central banks and of the European Central Bank, annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,

Having regard to the Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (1),

Having regard to Recommendation ECB/2006/5 of the European Central Bank of 13 April 2006 to the Council of the European Union on the external auditors of the Banque de France (2),

Whereas:

| (1) | Pursuant to Article 27(1) of the Protocol on the statute of the European system of central banks and of the European Central Bank (hereinafter referred to as the ‘ECB’), the accounts of the ECB and national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union. |
| --- | --- |

(1)

Pursuant to Article 27(1) of the Protocol on the statute of the European system of central banks and of the European Central Bank (hereinafter referred to as the ‘ECB’), the accounts of the ECB and national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

| (2) | Pursuant to Article L.142-6 of the French Monetary and Financial Code, the General Council of the Banque de France appoints two statutory auditors entrusted with auditing the accounts of the Banque de France. Pursuant to Article L.823-1 of the French Commercial Code, a deputy auditor is appointed to replace the incumbent auditors in the event of their refusal, unavailability, resignation or death. |
| --- | --- |

(2)

Pursuant to Article L.142-6 of the French Monetary and Financial Code, the General Council of the Banque de France appoints two statutory auditors entrusted with auditing the accounts of the Banque de France. Pursuant to Article L.823-1 of the French Commercial Code, a deputy auditor is appointed to replace the incumbent auditors in the event of their refusal, unavailability, resignation or death.

| (3) | The mandate of the current external auditors of the Banque de France will end after the audit of the financial year 2005. It is therefore necessary to appoint external auditors from the financial year 2006. |
| --- | --- |

(3)

The mandate of the current external auditors of the Banque de France will end after the audit of the financial year 2005. It is therefore necessary to appoint external auditors from the financial year 2006.

| (4) | The Banque de France has selected Deloitte & Associés and Mazars & Guerard as its external auditors and KPMG S.A. as its deputy auditor for the financial years 2006 to 2011 in accordance with its public procurement rules, and the ECB considers that they fulfil the necessary requirements for appointment. |
| --- | --- |

(4)

The Banque de France has selected Deloitte & Associés and Mazars & Guerard as its external auditors and KPMG S.A. as its deputy auditor for the financial years 2006 to 2011 in accordance with its public procurement rules, and the ECB considers that they fulfil the necessary requirements for appointment.

| (5) | The ECB considers that the external auditors selected by the Banque de France fulfil the necessary requirements for appointment and therefore the ECB Governing Council recommends that Deloitte & Associés and Mazars & Guerard should jointly be appointed as external auditors and that KPMG S.A. should be appointed as deputy auditor, for the financial years 2006 to 2011. |
| --- | --- |

(5)

The ECB considers that the external auditors selected by the Banque de France fulfil the necessary requirements for appointment and therefore the ECB Governing Council recommends that Deloitte & Associés and Mazars & Guerard should jointly be appointed as external auditors and that KPMG S.A. should be appointed as deputy auditor, for the financial years 2006 to 2011.

| (6) | It is therefore appropriate to follow the recommendation of the ECB Governing Council and to amend Decision 1999/70/EC accordingly, |
| --- | --- |

(6)

It is therefore appropriate to follow the recommendation of the ECB Governing Council and to amend Decision 1999/70/EC accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(4) of Decision 1999/70/EC shall be replaced by the following:

‘4.   Deloitte & Associés and Mazars & Guerard are hereby approved jointly as the external auditors of the Banque de France for the financial years 2006 to 2011.

KPMG S.A. is hereby approved as the deputy auditor of the Banque de France for the financial years 2006 to 2011.’

Article 2

This Decision shall be notified to the European Central Bank.

Article 3

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

Official Journal of the European Union

Done at Luxembourg, 12 June 2006.

For the Council

The President

U. PLASSNIK

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(1)  OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2006/212/EC (OJ L 79, 16.3.2006, p. 25).

1

(2)  OJ C 98, 26.4.2006, p. 25.

2

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Acts adopted under Title V of the Treaty on European Union

| 11.7.2006 | EN | Official Journal of the European Union | L 188/9 |
| --- | --- | --- | --- |

11.7.2006

EN

Official Journal of the European Union

L 188/9

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COUNCIL DECISION 2006/477/CFSP

of 30 June 2006

concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia 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:

| (1) | On 12 July 2004, the Council adopted Joint Action 2004/570/CFSP on the European Union military operation in Bosnia and Herzegovina (1). |
| --- | --- |

(1)

On 12 July 2004, the Council adopted Joint Action 2004/570/CFSP on the European Union military operation in Bosnia and Herzegovina (1).

| (2) | Article 11(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty. |
| --- | --- |

(2)

Article 11(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty.

| (3) | Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA). |
| --- | --- |

(3)

Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA).

| (4) | The Agreement should be approved, |
| --- | --- |

(4)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia 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(s) 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, 30 June 2006.

For the Council

The President

U. PLASSNIK

---

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

1

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AGREEMENT

between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)

THE EUROPEAN UNION (EU),

of the one part, and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia to the EU military crisis management operation is without prejudice to the decision-making autonomy of the European Union.

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

| — | Joint Action 2004/570/CFSP and possible subsequent amendments, |
| --- | --- |

—

Joint Action 2004/570/CFSP and possible subsequent amendments,

| — | the Operation Plan, |
| --- | --- |

—

the Operation Plan,

| — | implementing measures. |
| --- | --- |

—

implementing measures.

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

5.   The former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia.

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

4.   The former Yugoslav Republic of Macedonia shall be responsible for answering any claims linked to participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia in the EU military crisis management operation, and to do so when signing this Agreement.

Article 3

Classified information

1.   The former Yugoslav Republic of Macedonia 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 (3), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.

2.   Where the EU and the former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia, at any time request the withdrawal of the former Yugoslav Republic of Macedonia's contribution.

5.   A Senior Military Representative (SMR) shall be appointed by the former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia 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 (4).

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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia.

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 first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   This Agreement shall be provisionally applied from the date of signature.

3.   This Agreement shall remain in force for the duration of the former Yugoslav Republic of Macedonia's contribution to the operation.

Done at Brussels, on 30 June 2006 in the English language in four copies.

For the European Union

Image

For the former Yugoslav Republic of Macedonia

Image

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

1

(2)  OJ L 325, 28.10.2004, p. 64. Decision as last amended by Decision BiH/8/2006 (OJ L 96, 5.4.2006, p. 14).

2

(3)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2005/952/EC (OJ L 346, 29.12.2005, p. 18).

3

(4)  OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision 2005/68/CFSP (OJ L 27, 29.1.2005, p. 59).

4

DECLARATIONS

referred to in Article 2(5) and (6) of the Agreement

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, in so far as their internal legal systems so permit, to waive as far as possible claims against the former Yugoslav Republic of Macedonia for injury, death of its 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:

| — | was caused by personnel from the former Yugoslav Republic of Macedonia in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or |
| --- | --- |

—

was caused by personnel from the former Yugoslav Republic of Macedonia in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

| — | arose from the use of any assets owned by the former Yugoslav Republic of Macedonia, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the former Yugoslav Republic of Macedonia using those assets.’ |
| --- | --- |

—

arose from the use of any assets owned by the former Yugoslav Republic of Macedonia, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the former Yugoslav Republic of Macedonia using those assets.’

Declaration by the former Yugoslav Republic of Macedonia:

‘The former Yugoslav Republic of Macedonia associating itself with EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, in so far 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 their 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:

| — | was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or |
| --- | --- |

—

was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

| — | arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’ |
| --- | --- |

—

arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’

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Corrigenda

| 11.7.2006 | EN | Official Journal of the European Union | L 188/14 |
| --- | --- | --- | --- |

11.7.2006

EN

Official Journal of the European Union

L 188/14

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Corrigendum to Political and Security Committee Decision EUPM/1/2005 of 25 November 2005 concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

(
  Official Journal of the European Union L 335 of 21 December 2005
  )

On the cover page, in the contents, and on page 58, in the title:

for:

‘Political and Security Committee Decision EUPM/1/2005 ...’,

read:

‘Political and Security Committee Decision EUPM/2/2005 ...’.

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