Proposal for a Council Decision on the conclusion of the agreement between the European Community and the Republic of Poland concerning Poland's participation in the European Environment Agency and the European Environment Information and Observation Network
Date: 2000-12-22
Institutions: European Commission
Subjects: European Environment Agency, Poland, accession to an agreement, data collection, information network

24.4.2001

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Official Journal of the European Communities

C 120 E/211

Proposal for a Council Decision on the conclusion of the agreement between the European
Community and the Republic of Poland concerning Poland’s participation in the European
Environment Agency and the European Environment Information and Observation Network

(2001/C 120 E/21)

COM(2000) 869 final (cid:151) 2000/0360(CNS)

(Submitted by the Commission on 22 December 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 174 paragraph 4,
in
conjunction with Article 300 paragraph 2, first sentence of
subparagraph 1, and Article 300, paragraph 3 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to Council Regulation (EEC) No 1210/90 (1) as
amended by Council Regulation (EC) No 933/1999 (2), on the
establishment of the European Environment Agency and the
European Environment Information and Observation Network,

Having regard to the Commission Communication on (cid:145)Partici-
pation of candidate countries in Community programmes,
agencies and committees(cid:146) COM(1999) 710 final,

Whereas:

(1) The Luxembourg European Council (December 1997) made
participation in the Community programmes and agencies
a way of stepping up the pre-accession strategy for the
central and eastern European countries. The European
Council concluded (cid:145)Such participation will have to be
determined
State
making a steadily increasing financial contribution of its
own. Phare will,
if necessary, be able to continue part-
financing the applicant States national contributions(cid:146).

case-by-case, with

applicant

each

strategy entailing participation on certain Community
programmes and agencies as in the approach followed
for the applicant central and eastern European countries.

(December 1999) reaf-
(3) The Helsinki European Council
firmed the inclusive nature of
the accession process,
which now comprises 13 candidate States within a single
framework with the candidate States participating in the
accession process on an equal footing.

(4) The Council, pursuant to Article 300, paragraph 1 of the
Treaty establishing the European Community, on 14
February 2000 authorised the Commission to conduct
European
negotiations on the participation in the
Environment Agency of
applying for
accession,

countries

the

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the
Republic of Poland concerning Poland’s participation in the
European Environment Agency and the European Environment
Information and Observation Network is hereby approved on
behalf of the Community.

The text of the Agreement is contained in the Annex to this
Decision.

Article 2

(2) The Luxembourg European Council (December 1997) with
regard to Cyprus provided for a specific pre-accession

The Decision will be published in the Official Journal of
European Communities.

the

(1) OJ L 120, 11.5.1990, p. 1.
(2) OJ L 117, 5.5.1999, p. 1.

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Official Journal of the European Communities

24.4.2001

Agreement between the European Community and the Republic of Poland concerning the partici-
pation of the Republic of Poland to the European Environment Agency and the European
Environment Information and Observation Network

The EUROPEAN COMMUNITY of the one part,

And the REPUBLIC OF POLAND, hereinafter referred to as (cid:145)Poland(cid:146), of the other part,

TAKING INTO ACCOUNT Poland’s application for participation in the European Environment Agency already
before accession,

(December 1997) made participation in the
RECALLING that
Community programmes and agencies a way of stepping up the pre-accession strategy for the central
and eastern European countries,

the Luxembourg European Council

TAKING INTO ACCOUNT the Council Regulation (EEC) No 1210/90 (1) as amended by Council Regulation
(EC) No 933/1999 (2), on the establishment of the European Environment Agency and the European
Environment Information and Observation Network,

RECOGNISING the fact that Poland’s ultimate objective is to become a member of the European Union, and
that the participation in the European Environment Agency will help Poland achieve this objective,

HAVE AGREED AS FOLLOWS:

Article 1

Poland shall participate fully in the European Environment
Agency, hereinafter
the (cid:145)Agency(cid:146), and the
European Environment Information and Observation Network
(EIONET), as set up in Council Regulation (EEC) No 1210/90
amended by Council Regulation (EC) No 933/1999.

referred to as

Article 2

Poland shall contribute financially to the activities referred to
in accordance to the
under Article 1 (Agency and EIONET)
following:

(cid:151) The contribution will progressively increase in a 3-year
period during which the activities will be phased in by
Poland. The financial contributions required are:

(cid:151) Year 1: EUR 1 454 000

(cid:151) Year 2: EUR 1 838 000

(cid:151) Year 3: EUR 2 222 000

From the fourth year of
this
Agreement Poland has to bear the full cost of its financial
contribution, i.e. EUR 2 222 000.

the coming into force of

(cid:151) For

the first 3-year period Poland may partially use
Community assistance to pay the contribution to the
Agency with a maximum of Phare contribution of 75 %
in year 1, 60 % in year 2 and 50 % in year 3.

(1) OJ L 120, 11.5.1990, p. 1.
(2) OJ L 117, 5.5.1999, p. 1.

From the fourth year the full cost of financial contribution
in the Agency shall be fully covered by Poland.

The further terms and conditions on the financial contribution
of Poland are set out in Annex I to this Agreement, which shall
form an integral part to it.

Article 3

Poland shall participate fully, without the right to vote, in the
Agency Management Board and shall be associated with the
work of the Scientific Committee of the Agency.

Article 4

Poland shall, within three months from the entry into force of
inform the Agency of the main component
this Agreement,
elements of its national
information networks as set out in
Article 4(2) of Council Regulation (EEC) No 1210/90 as
amended by Council Regulation (EC) No 933/1999.

Article 5

Poland shall in particular designate from among the institutions
referred to in Article 4 or from among other organisations
established in its territory a (cid:145)national
focal point(cid:146) for coor-
dinating and/or transmitting the information to be supplied
to the Agency and to the institutions or
at national
bodies
including the topic
forming part of
centres referred to under Article 6.

the EIONET,

level

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Article 6

Article 13

Poland may also, within the period laid down in Article 4,
identify the institutions or other organisations established in
its territory, which could be specifically entrusted with the
task of cooperating with the Agency as regards certain topics
of particular interest. An institution thus identified should be in
a position to conclude an agreement with the Agency to act as
a topic centre of the network for specific tasks. These centres
shall cooperate with other institutions, which form part of the
network.

Article 7

Within three months of receiving the information referred to in
Articles 4, 5 and 6, the Management Board of the Agency shall
review the main elements of the network to take account of
the participation of Poland.

Article 8

Poland should provide data according to the obligations and
practice established in the Agency work.

Article 9

The Agency may agree with the institutions or bodies
designated by Poland and which form part of the network,
as referred to in Articles 4, 5 and 6, upon the necessary
arrangements, in particular contracts, for successfully carrying
out the tasks which it may entrust to them.

Article 10

Environmental data supplied to or emanating from the Agency
may be published and shall be made accessible to the public,
provided that confidential
information is afforded the same
degree of protection in Poland as it is afforded within the
Community.

Article 11

The Agency shall have legal personality in Poland and it shall
enjoy in Poland the most extensive legal capacity accorded to
legal persons under its laws.

By way of derogation from Article 12(2)(a) of the Council
Regulation (EEC, Euratom, ECSC) No 259/68 on Staff Regu-
lations of officials and the conditions of employment of other
servants of the European Communities (1), nationals of Poland
enjoying their full rights as citizens may be engaged under
contract by the Executive Director of the Agency.

Article 14

The Parties shall take any general or specific measures required
to fulfil their obligations under the Agreement. They shall see
to it that the objectives set out in the Agreement are attained.

Article 15

This Agreement is concluded for an unlimited period until
Poland will become a member of European Union. Either
Party may denounce this Agreement by notifying the other
Party. This Agreement shall cease to apply six months after
the date of such notification.

Article 16

This Agreement shall apply, on the one hand, to the territories
in which the Treaties establishing the European Community,
the European Atomic Energy Community and the European
Coal and Steel Community are applied and under
the
conditions laid down in those Treaties and, on the other
hand, to the territory of Poland.

Article 17

This Agreement is drawn up in duplicate in the Danish, Dutch,
English, Finnish, French, German,
Italian, Spanish, Swedish,
Greek, Portuguese and Polish languages, each of these texts
being equally authentic.

Article 18

Article 12

Poland shall apply to the Agency the Protocol of Privileges and
Immunities of the European Communities, which, as Annex II
to this Agreement, shall form an integral part thereof.

This Agreement will be approved by the Parties in accordance
with their own procedures. This Agreement shall enter into
the second month following the
force on the first day of
date on which the last Party has notified the first Party that
its procedures have been completed.

(1) OJ L 56, 4.3.1968.

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Official Journal of the European Communities

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FINANCIAL CONTRIBUTION OF POLAND TO THE EUROPEAN ENVIRONMENT AGENCY

ANNEX I

1. The financial contribution to be paid by Poland to the budget of the European Union to participate in the European

Environment Agency will be in

(cid:151) Year 1 of participation EUR 1 454 000

(cid:151) Year 2 of participation EUR 1 838 000

(cid:151) Year 3 of participation EUR 2 222 000

From the fourth year Poland has to bear the full cost of its financial contribution, i.e. EUR 2 222 000.

2. For the first 3-year period Poland may partially use Community assistance to pay the contribution to the European
Environment Agency with a maximum of Phare contribution of 75 % in year 1, 60 % in year 2 and 50 % in year 3.
Subject to a Phare separate programming procedure, the requested Phare funds will be transferred to Poland by
means of a separate Financing Memorandum.

The remaining part of the contribution will be covered by Poland. From the fourth year the full cost of participation
in the Agency shall be fully covered by Poland.

3. The contribution of Poland will be managed in accordance with the Financial Regulation applicable to the general

budget of the European Union.

Travel costs and subsistence costs incurred by representatives and experts of Poland for the purposes of taking part in
the European Environment Agency activities or meetings related to the implementation of the Agency’s work
programme shall be reimbursed by the European Environment Agency on the same basis as and in accordance
with the procedures currently in force for the Member States of the European Union.

4. After the entry into force of this Agreement and at the beginning of each following year, the Commission will send
to Poland a call for funds corresponding to its contribution to the European Environment Agency under this
Agreement. For the first calendar year of its participation Poland will pay a contribution calculated from the date
of participation to the end of the year on a pro rata basis. For the following years the contribution will be in
accordance to this Agreement.

5. This contribution shall be expressed in euro and paid into a euro bank account of the European Commission.

6. Poland will pay its contribution according to the call for funds:

(cid:151) for its own part by 1 May provided that the call for funds is sent by the Commission before 1 April, or at the

latest in a period of 30 days after the call for funds is sent,

(cid:151) for the Phare part by 1 May provided that the corresponding amounts have been sent to Poland by this time, or

at the latest in a period of 30 days after these funds have been sent to Poland.

7. Any delay in the payment of the contribution shall give rise to the payment of interest by Poland on the outstanding
amount from the due date. The interest rate corresponds to the rate applied by the European Central Bank, on the
due date, for its operations in euro, increased by 1,5 percentage points.

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ANNEX II

PROTOCOL

on the privileges and immunities of the European Communities

THE HIGH CONTRACTING PARTIES,

CONSIDERING that,

in accordance with Article 28 of the Treaty establishing a Single Council and a Single Commission of the
European Communities, these Communities and the European Investment Bank shall enjoy in the terri-
tories of the Member States such privileges and immunities as are necessary for the performance of their
tasks,

HAVE AGREED upon the following provisions, which shall be annexed to this Treaty.

CHAPTER I

PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE
EUROPEAN COMMUNITIES

The Communities shall also be exempt
from any customs
duties and any prohibitions and restrictions on import and
exports in respect of their publications.

Article 1

Article 5

the Communities shall be
The premises and buildings of
from search, requisition,
inviolable. They shall be exempt
confiscation or expropriation. The property and assets of the
Communities shall not be the subject of any administrative or
legal measure of constraint without the authorisation of the
Court of Justice.

Article 2

The archives of the Communities shall be inviolable.

Article 3

The Communities, their assets, revenues and other property
shall be exempt from all direct taxes.

the Member States

The governments of
shall, wherever
possible, take the appropriate measures to remit or refund
the amount of indirect taxes or sales taxes included in the
price of movable or
the
substantial
Communities make,
for
purchases the price of which includes taxes of
this kind.
These provisions shall not be applied, however, so as to have
the effect of distorting competition within the Communities.

immovable property, where

official

their

use,

No exemption shall be granted in respect of taxes and dues
which amount merely to charges for public utility services.

Article 4

The European Coal and Steel Community may hold currency of
any kind and operate accounts in any currency.

CHAPTER II

COMMUNICATIONS AND LAISSEZ PASSER

Article 6

For their official communications and the transmission of all
their documents,
the Communities shall
enjoy in the territory of each Member State the treatment
accorded by that State to diplomatic missions.

the institutions of

Official correspondence and other official communications of
the institutions of the Communities shall not be subject to
censorship.

Article 7

1.
Laissez passer in a form to be prescribed by the Council,
which shall be recognised as valid travel documents by the
authorities of the Member States, may be issued to members
and servants of the institutions of the Communities by the
Presidents of these institutions. These laissez passer shall be
issued to officials and other servants under conditions laid
down in the Staff Regulations of officials and the Conditions
of Employment of other servants of the Communities.

The Commission may conclude agreements for these laissez
passer to be recognised as valid travel documents within the
territory of third countries.

The Communities shall be exempt from all customs duties,
in
prohibitions and restrictions on imports and exports
respect of articles intended for their official use: articles so
imported shall not be disposed of, whether or not in return
for payment, in the territory of the country into which they
have been imported, except under conditions approved by the
government of that country.

The provisions of Article 6 of

the Protocol on the
2.
the European Coal and Steel
privileges and immunities of
Community shall, however, remain applicable to members
and servants of the institutions who are at the date of entry
into force of this Treaty in possession of the laissez passer
provided for in that Article, until the provisions of paragraph
1 of this Article are applied.

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CHAPTER III

MEMBERS OF THE EUROPEAN PARLIAMENT

Article 8

No administrative or other restriction shall be imposed on the
free movement of Members of
the European Parliament
travelling to or from the place of meeting of the European
Parliament.

This Article shall also apply to members of the advisory bodies
of the Communities.

CHAPTER V

OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN
COMMUNITIES

Article 12

Members of
customs and exchange control, be accorded:

the European Parliament shall,

in respect of

In the territory of each Member State and whatever their
nationality, officials and other servants of the Communities
shall:

(a) by their own government,
to

accorded
temporary official missions;

senior

the same facilities as those
on

travelling

abroad

officials

(b) by the government of other Member States,

facilities as those accorded to representatives of
governments on temporary official missions.

the same
foreign

Article 9

Members of the European Parliament shall not be subject to
any form of inquiry, detention or legal proceedings in respect
cast by them in the
expressed or
of opinions
performance of their duties.

votes

towards

(a) subject to the provisions of the Treaties relating, on the one
hand, to the rules on the liability of officials and other
servants
the Communties and, on the other
hand, to the jurisdiction of the Court in disputes between
the Communities and their officials and other servants, be
acts
immune
from legal proceedings
performed by them in their official capacity,
including
their words spoken or written. They shall continue to
enjoy this immunity after they have ceased to hold office;

in respect of

(b) together with their spouses and dependent members of
their families, not be subject to immigration restrictions
or to formalities for the registration of aliens;

Article 10

During the sessions of the European Parliament, its Members
shall enjoy:

(c) in respect of currency or exchange regulations, be accorded
the same facilities as are customarily accorded to officials of
international organisations;

(a) in the territory of their own State, the immunities accorded

to members of their parliament;

(b) in the territory of any other Member State, immunity from
any measure of detention and from legal proceedings.

Immunity shall
likewise apply to Members while they are
travelling to and from the place of meeting of the European
Parliament.

Immunity cannot be claimed when a Member is found in the
act of committing an offence and shall not prevent
the
European Parliament from exercising its right to waive the
immunity of one of its Members.

CHAPTER IV

REPRESENTATIVES OF MEMBER STATES TAKING PART IN
THE WORK OF THE INSTITUTIONS OF THE EUROPEAN
COMMUNITIES

Article 11

institutions of

Representatives of Member States taking part in the work of
the
their advisers and
the Communities,
technical experts shall, in the performance of their duties and
during their travel to and from the place of meeting, enjoy the
customary privileges, immunities and facilities.

first

(d) enjoy the right to import free of duty their furniture and
in the
effects at
the time of
country concerned, and the right
free of
duty their furniture and effects, on termination of their
duties
in either case to the
subject
conditions considered to be necessary by the government
of the country in which this right is exercised;

taking up their post
to re-export

in that country,

(e) have the right to import free of duty a motor car for their
personal use, acquired either in the country of their last
residence or in the country of which they are nationals on
the terms ruling in the home market in that country, and to
re-export
in either case to the
conditions considered to be necessary by the government
of the country concerned.

free of duty, subject

it

Article 13

Officials and other servants of the Communities shall be liable
to a tax for the benefit of the Communities on salaries, wages
and emoluments paid to them by the Communities,
in
accordance with the conditions and procedure laid down by
the Council, acting on a proposal from the Commission.

They shall be exempt from national taxes on salaries, wages
and emoluments paid by the Communities.

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Article 14

In the application of income tax, wealth tax and death duties
and in the application of conventions on the avoidance of
double taxation concluded between Member States of
the
Communities, officials and other servants of the Communities
who, solely by reason of the performance of their duties in the
service of the Communities, establish their residence in the
territory of a Member State other
than their country of
domicile for tax purposes at the time of entering the service
of the Communities, shall be considered, both in the country of
their actual residence and in the country of domicile for tax
purposes, as having maintained their domicile in the latter
country provided that it is a member of the Communities.

This provision shall also apply to a spouse, to the extent that
the latter is not separately engaged in a gainful occupation, and
to children dependent on and in the care of
the persons
referred to in this Article.

Movable property belonging to persons referred to in the
preceding paragraph and situated in the territory of
the
country where they are staying shall be exempt from death
duties in that country; such property shall, for the assessment
of such duty, be considered as being in the country of domicile
for tax purposes, subject to the rights of third countries and to
the possible
international
application of provisions of
conventions on double taxation.

Any domicile acquired solely by reason of the performance of
duties in the service of other international organisations shall
not be taken into consideration in applying the provisions of
this Article.

Article 15

The Council shall, acting unanimously on a proposal from the
Commission, lay down the scheme of social security benefits
for officials and other servants of the Communities.

Article 16

after

consulting

The Council shall, acting on a proposal from the Commission
and
concerned,
the other
determine the categories of officials and other servants of the
Communities to whom the provisions of Article 12, the second
paragraph of Article 13, and Article 14 shall apply, in whole or
in part.

institutions

The names, grades and addresses of officials and other servants
included in such categories shall be communicated periodically
to the governments of the Member States.

CHAPTER VI

PRIVILEGES AND IMMUNITIES OF MISSIONS OF THIRD
COUNTRIES ACCREDITED TO THE EUROPEAN COMMUNITIES

Article 17

The Member State in whose territory the Communities have
their seat shall accord the customary diplomatic immunities
and privileges to missions of third countries accredited to the
Communities.

CHAPTER VII

GENERAL PROVISIONS

Article 18

immunities and facilities

Privileges,
shall be accorded to
officials and other servants of the Communities solely in the
interests of the Communities.

Each institution of the Communities shall be required to waive
the immunity accorded to an official or other servant wherever
that institution considers that the waiver of such immunity is
not contrary to the interests of the Communities.

Article 19

The institutions of the Communities shall, for the purpose of
applying this Protocol, cooperate with the responsible auth-
orities of the Member States concerned.

Article 20

Articles 12 to 15 and Article 18 shall apply to Members of the
Commission.

Article 21

Articles 12 to 15 and Article 18 shall apply to the Judges, the
Advocates General, the Registrar and the Assistant Rapporteurs
of the Court of Justice, without prejudice to the provisions of
Article 3 of the Protocols on the Statute of the Court of Justice
concerning immunity from legal proceedings of Judges and
Advocates General.

Article 22

This Protocol shall also apply to the European Investment
Bank, to the members of its organs, to its staff and to the
in its
the Member States
representatives of
activities, without prejudice to the provisions of the Protocol
on the Statute of the Bank.

taking part

in addition be exempt
The European Investment Bank shall
from any form of taxation or imposition of a like nature on
the occasion of any increase in its capital and from the various
formalities which may be connected therewith in the State
where the Bank has its seat. Similarly, its dissolution or liqui-
the
dation shall not give rise to any imposition. Finally,
its organs carried on in
activities of
accordance with its Statute shall not be subject
to any
turnover tax.

the Bank and of

Article 23 (*)

This Protocol shall also apply to the European Central Bank, to
the members of its organs and to its staff, without prejudice to
the provisions of the Protocol on the Statute of the European
System of Central Banks and the European Central Bank.

(*) Article inserted by Article 9, paragraph 5 of

the Treaty of

Amsterdam.

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The European Central Bank shall, in addition, be exempt from
any form of taxation or imposition of a like nature on the
occasion of any increase in its capital and from the various
formalities which may be connected therewith in the State
where the Bank has its seat. The activities of the Bank and
of
its organs carried on in accordance with the Statute of
the European System of Central Banks and of the European
Central Bank shall not be subject to any turnover tax.

The above provisions
Monetary Institute.
give rise to any imposition.

shall also apply to the European
Its dissolution or liquidation shall not

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have
signed this Protocol.

Done at Brussels this eighth day of April
thousand nine hundred and sixty five.

in the year one

Paul Henri SPAAK

Kurt SCHM(cid:220)CKER

Maurice COUVE DE MURVILLE

Amintore FANFANI

Pierre WERNER

J. M. A. H. LUNS