2007/249/EC: Council Decision of 19 March 2007 amending Decision 2001/822/EC on the association of the overseas countries and territories with the European Community
Date: 2007-03-19
Institutions: Council of the European Union
Subjects: EU financing arrangements, EU programme, European Development Fund, association agreement (EU), overseas countries and territories, technical cooperation

26.4.2007

EN

Official Journal of the European Union

L 109/33

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 19 March 2007

amending Decision 2001/822/EC on the association of the overseas countries and territories with
the European Community

(2007/249/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community and in particular Article 187 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

countries

Council Decision 2001/822/EC of 27 November 2001
on the association of the overseas countries and terri-
tories with the European Community (the Overseas As-
sociation Decision) (1) establishes the legal framework for
promoting the economic and social development of the
overseas
and for
and territories
enhancing economic relations between them and the
Community. The Overseas Association Decision applies
until 31 December 2011. To coincide with the duration
of the 10th European Development Fund (2008 to 2013)
financial
(10th EDF) and the multiannual
framework
2007 to 2013,
extended until 31
should be
December 2013.

(OCTs)

it

(2)

Annex II A of the Overseas Association Decision lays
down the financial allocations for the period 2000 to
2007. In the light of the newly established 10th EDF,
the amount for the period 2008 to 2013 should be
allocated.

(3)

Provisions should be made for rules governing the tran-
sition from the ninth EDF to the 10th EDF as far as the

OCTs are concerned. Those rules should be established in
accordance with the general rules on the commitment of
funds of the ninth EDF and of previous EDFs after 31
December 2007 set out
in Article 1 of Decision
2005/446/EC 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 ninth EDF (2) and in Article 1(3) and (4)
of the Internal Agreement between the Representatives of
the Government of Member States meeting within the
Council, on the financing of Community aid under the
multiannual framework for the period 2008 to 2013 in
accordance with the ACP-EC Partnership Agreement and
financial assistance for the OCTs to
the allocation of
which Part Four of the EC Treaty applies (3)
(Internal
Agreement establishing the 10th EDF).

The Internal Agreement establishing the 10th EDF lays
down an overall amount of EUR 286 million to be
that
allocated to the OCTs. The apportionment of
the different
amount between, on the one hand,
instruments
cooperation
finance
related to the EDF, and on the other hand, the criteria
and elements for determining the beneficiary OCTs’
initial indicative allocations, should be laid down.

development

for

for

finance

development

Regarding the apportionment between the different
cooperation
instruments
related to the EDF, coordination should be ensured in
particular between support to regional cooperation and
integration and support at territorial level, to enhance the
resilience of the OCTs towards the challenges that they
are facing regardless of their GNP per capita or other
elements used to determine the territorial allocations.

(4)

(5)

(1) OJ L 314, 30.11.2001, p. 1.

(2) OJ L 156, 18.6.2005, p. 19.
(3) OJ L 247, 9.9.2006, p. 32.

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(6)

The financial assistance to the OCTs should be allocated
standard, objective and transparent
on the basis of
criteria. Such criteria should include,
in particular, the
level of GNP of an OCT, the size of its population and
continuity with previous EDFs. Special treatment should
be reserved for the least developed OCTs referred to in
Annex I B of the Overseas Association Decision, as well
as for OCTs which, due to geographical isolation or other
constraints, have more difficulties in engaging in regional
cooperation and integration.

(7) When reporting expenditure within the EDF to Member
States and the Development Assistance Committee of the
Organisation for Economic Cooperation and Devel-
opment
the Commission should distinguish
between Official Development Assistance (ODA) and
non-ODA activities.

(OECD),

continuity, such amendment should apply as from 1
January 2007.

(12)

Taking into account the special relationship between the
OCTs and the Member States to which they are linked,
the possible participation of OCTs
in horizontal
Community programmes should be generalised so that
the OCTs are allowed to participate in the programmes
that are open to the Member Sates to which the OCTs
are linked, subject to the rules and objectives of the
programmes and the arrangements applicable to the
Member States to which the OCTs are linked. In order
to allow participation of the OCTs from the beginning of
the new programming period, this amendment should be
introduced from 1 January 2007.

(8)

(9)

(10)

(11)

Special attention should be paid to strengthening the
and to good
institutional
the OCTs
capacities of
governance,
including in the financial, tax and judicial
areas.

Special attention should also be paid to strengthening
cooperation between OCTs, ACP
and the
outermost regions referred to in Article 299(2) of the
Treaty or other actors
in
which OCTs are situated.

in the respective regions

States

The terms and conditions of financing in relation to the
operations of the OCT Facility referred to in Annex II C
of the Overseas Association Decision should be brought
into line with the revision of the corresponding Articles
in Annex II of the Partnership Agreement between, on
the one hand the members of the African, Caribbean and
Pacific Group of States, and on the other hand the
European Community and its Member States, signed in
Cotonou on 23 June 2000 (1) (the ACP-EC Partnership
Agreement).

the General Budget of

It is crucial to ensure continuity as regards the eligibility
of OCTs for funding from the general thematic budget
the European Union,
lines of
outside the EDF. The thematic Regulations referred to
in Annex II E of
the Overseas Association Decision
have been replaced by Regulation (EC) No 1905/2006
of the European Parliament and of the Council of 18
December 2006 establishing a financing instrument for
from 1 January 2007.
development
Annex II E should therefore be amended in order to
replace references to those Regulations with a reference
In order to ensure
to the new financing instrument.

cooperation (2)

(13) A review covering all aspects of European Union
spending
funding,
should be conducted on the basis of a report by the
Commission in 2008 to 2009.

including OCTs

resources,

and

(14)

The current technical amendments are without prejudice
to subsequent
the Overseas Association
Decision, in particular pursuant to Article 62 thereof,

revision of

HAS DECIDED AS FOLLOWS:

Article 1

Council Decision 2001/822/EC is hereby amended as follows:

1.

in Article 23, the fourth subparagraph shall be replaced by
the following:

‘The financial and accounting procedures applicable to
development finance cooperation for the OCTs by virtue
of the ninth EDF shall be those laid down in the ninth EDF
Financial Regulation.
accounting
procedures applicable to development finance cooperation
for the OCTs by virtue of the 10th EDF shall be those laid
down in the 10th EDF Financial Regulation.’;

financial

The

and

2. the following paragraph shall be added to Article 24:

For

the implementation of

‘9.
the
respective provisions of the Internal Agreement establishing
the 10th EDF shall be applicable.’;

the 10th EDF,

(1) OJ L 317, 15.12.2000, p. 3. Agreement as last amended by Decision
No 1/2006 of the ACP-EC Council of Ministers (OJ L 247, 9.9.2006,
p. 22).

(2) OJ L 378, 27.12.2006, p. 41.

3.

in Article 25(1), the words ‘the period from 2000 to 2007’
shall be replaced by the words ‘the periods from 2000 to
2007 and from 2008 to 2013’;

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4. Article 31 shall be replaced by the following:

the ninth EDF to finance the resources of

Article 3(1) of Annex II Aa and of the funds allocated
under
the
Facility set out
in Annex II C, excluding the related
interest rate subsidies.’;

‘Article 31

Technical assistance

1.
On the initiative of or on behalf of the Commission,
studies or technical assistance measures may be financed in
order to ensure the preparation, monitoring, evaluation and
supervision necessary for implementing this Decision and
the overall evaluation of this Decision referred to in Article
1(1)(c) of Annex II A.

Such studies or
financed by the overall grant allocation.

technical assistance measures shall be

2.
On the initiative of the OCTs, studies or technical
assistance measures may be financed in relation to the
implementation of
the activities contained in the SPD,
subject to the Commission's opinion.

In the framework of the 9th EDF, such studies or technical
assistance measures shall be financed from the allocation of
the OCTs concerned. In the framework of the 10th EDF,
they shall be financed by the overall grant allocation.’;

5. the following Article shall be inserted:

‘Article 33a

1.
After 31 December 2007, or after the date of entry
into force of the Internal Agreement establishing the 10th
EDF if this date falls later, balances from the ninth EDF or
from previous EDFs shall no longer be committed, with the
exception of the balances and funds decommitted after this
date of entry into force resulting from the system guaran-
teeing the stabilisation of export earnings from primary
agricultural products (Stabex) under the EDFs prior to the
ninth EDF and the remaining balances and reimbursements
of the funds allocated under the ninth EDF to finance the
resources of the Facility set out in Annex II C, excluding the
related interest rate subsidies.

2.
Funds decommitted from projects under the ninth
EDF or from previous EDFs after 31 December 2007
shall no longer be committed, unless decided otherwise
by the Council unanimously, on the basis of a proposal
by the Commission, with the exception of the Stabex funds
decommitted after this date of entry into force which shall
be automatically transferred to the respective territorial
financed in accordance with
indicative programmes

6. Article 58 shall be replaced by the following:

‘Article 58

Programmes open to the OCTs

to the rules and objectives of

from an OCT and, where applicable,

the
Individuals
relevant public and/or private bodies and institutions in
an OCT, shall be eligible for Community programmes,
subject
the programmes
and the arrangements applicable to the Member State to
which the OCT is linked. The programmes shall apply to
OCT nationals within the framework of the quota for the
Member State to which the OCT concerned is linked, if the
programme concerned uses such a quota.

The main programmes that are open to the OCTs are those
listed in Annex II F, as well as any programme succeeding
them.’;

7.

in Article 63, the year ‘2011’ shall be replaced by ‘2013’;

8.

in Article 1(1)(c) of Annex II A, the words ‘two years’ shall
be replaced by ‘four years’;

9. after Annex II A, a new Annex II Aa shall be inserted, the

text of which appears in Annex I to this Decision;

10. Annex II B shall be amended as follows:

(a) Article 1 shall be replaced by the following:

‘Article 1

1.
An amount of up to EUR 20 million as laid down
in Article 5 of the Internal Agreement establishing the
ninth EDF shall be provided by the EIB in the form of
loans from its own resources in accordance with the
conditions provided for by its statutes and this Annex.

2.
An amount of up to EUR 30 million as laid down
in Article 3 of the Internal Agreement establishing the
10th EDF shall be provided by the EIB in the form of
loans from its own resources in accordance with the
conditions provided for by its statutes and this Annex.’;

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(b) in Article 2(2), point

(c) shall be replaced by the

12. Annex II E shall be replaced by the text appearing in Annex

following:

III to this Decision;

‘(c) during the period covered by the ninth EDF, the
amount of the interest rate subsidy calculated in
terms of its value at the times of disbursement of
the loan shall be charged against
the interest
subsidy allocation laid down in Annex II A,
Article 3(3)(d), and paid directly to the EIB;

during the period covered by the 10th EDF, the
amount of the interest rate subsidy calculated in
terms of its value at the times of disbursement of
the interest
the loan shall be charged against
subsidy allocation laid down in Annex II Aa,
Article 1(1)(b), and paid directly to the EIB;

Interest subsidies may be capitalised or used in the
form of grants to support project-related technical
assistance, particularly for financial
institutions in
the OCTs.’;

11. Annex II C shall be replaced by the text appearing in

Annex II to this Decision;

13. Annex II F shall be replaced by the text appearing in Annex

IV to this Decision.

Article 2

Taking of effect

This Decision shall take effect on the day of its publication in
the Official Journal of the European Union.

However, Article 1, points (6), (12) and (13) shall apply from 1
January 2007.

Done at Brussels, 19 March 2007.

For the Council
The President

H. SEEHOFER

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ANNEX I

‘ANNEX II Aa

COMMUNITY FINANCIAL ASSISTANCE: 10th EDF

Article 1

Allocation between the various instruments

1.
For the purposes of this Decision, for the six-year period from 1
January 2008 to 31 December 2013, the overall amount of Community
financial assistance of EUR 286 million under the 10th EDF fixed by the
Internal Agreement establishing the 10th EDF shall be allocated as
follows:

(a) EUR 250 million in the form of grants for programmable support
for
long-term development, humanitarian aid, emergency aid,
refugee aid and additional support in the event of fluctuations in
export earnings as well as for support for regional cooperation and
integration;

(b) EUR 30 million to finance the OCT Investment Facility referred to
in Annex II C and of which a maximum amount of EUR 1,5 million
is set aside to fund the interest subsidies for operations to be
financed by the EIB from its own resources,
in accordance with
Annex II B, or under the OCT Investment Facility;

(c) EUR 6 million to studies or

technical assistance measures in

accordance with Article 31 of this Decision.

2.
The funds of the 10th EDF may no longer be committed after 31
December 2013, unless the Council decides otherwise unanimously, on
a proposal from the Commission.

3.
Should the funds provided for in paragraph 1 be exhausted before
this Decision expires, the Council shall take the appropriate measures.

Article 2

Administration of resources

The EIB shall administer the loans made from its own resources referred
to in Annex II B, as well as the operations financed under the OCT
Investment Facility referred to in Annex II C. All other financial
resources under this Decision shall be administered by the Commission.

Article 3

Allocation between the OCTs

Documents
shall pay particular attention to actions aimed at
strengthening governance and the institutional capacities of the ben-
eficiary OCTs and, where relevant,
the
envisaged actions.

the likely timetable of

The allocation of amount A shall take into account the size of the
population, the level of Gross National Product (GNP), the level and
use of previous EDF allocations, constraints due to geographical
isolation and structural and other obstacles of the least developed
OCTs mentioned in Article 3 of this Decision. Any allocation shall
be such as to allow its effective use.
It should be decided in
conformity with the principle of subsidiarity.

This amount shall, in principle, be allocated to the OCTs with a per
capita GNP not exceeding the Community per capita GNP, according
to the available statistical data.

2. EUR 40 million shall be allocated to support regional cooperation
and integration in accordance with Article 16 of
this Decision,
including the dialogue and partnership actions laid down in Article
7, regional disaster preparedness and alleviation initiatives and,
in
coordination with other Community financial
instruments, coop-
eration between the OCTs and the most remote regions referred to
in Article 299(2) of the Treaty.

3. Paragraph 1 shall not apply to Greenland.

4. A non-allocated reserve B of EUR 15 million shall be set aside to:

(a)

finance humanitarian, emergency and refugee aid for the OCTs
and,
if necessary, the additional support in the event of fluc-
tuations in export earnings, in accordance with Annex II D;

(b) make new allocations in accordance with the development of the
needs and performance of the OCTs referred to under paragraph
1.

Performance shall be evaluated in an objective and transparent way,
taking into account the use of the allocated resources, the effective
implementation of
the alleviation or
the ongoing operations,
reduction of poverty and the sustainable development measures
adopted.

The amount of EUR 250 million mentioned in Article 1(1)(a) shall be
allocated on the basis of the needs and performance of the OCTs in
accordance with the following criteria:

5. In accordance with the paragraphs 1, 2, 3 and 4, the indicative
amounts allocated under the 10th EDF shall be adopted by the
Commission, in accordance with Article 24 of this Decision.

to finance the initiatives

1. An amount A of EUR 195 million shall be allocated to the OCTs in
particular
referred to in the Single
Programming Documents, including priority actions for social devel-
opment and environmental protection, within the framework of the
fight against poverty. Where appropriate, the Single Programming

6. The Commission,

following a mid-term review, may decide on
different allocation of any non-allocated funds mentioned in this
Article. The procedures for this review and the decision on any
new allocation shall be adopted in accordance with Article 24 of
this Decision.’.

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ANNEX II

‘ANNEX II C

COMMUNITY FINANCIAL ASSISTANCE: THE OCT INVESTMENT FACILITY

Article 1

Objective

An OCT Investment Facility (the Facility) shall be set up to promote
commercially viable enterprises, mainly in the private sector, but also
those in the public sector supporting private sector development.

The terms and conditions of financing in relation to the operations of
the Facility and the loans from own resources of the EIB shall be as laid
down in this Annex and Annex II B. For the implementation of the
ninth EDF, Articles 29 and 30 of the ninth EDF Internal Agreement
shall apply. For the implementation of the 10th EDF, the respective
provisions of the Internal Agreement establishing the 10th EDF shall
apply.

performance of the project; in the specific case of conditional loans
studies or other project-related technical
for pre-investment
is not
assistance,
carried out;

servicing may be waived if

the investment

(b) participating loans, the servicing and/or the duration of which shall

be linked to the financial return of the project;

(c) subordinated loans, which shall be repaid only after other claims

have been settled.

The remuneration of each operation shall be specified when the

4.
loan is made.

These resources may be channelled to eligible enterprises, either directly
or indirectly, through eligible investment funds and/or financial inter-
mediaries.

However:

Article 2

Resources of the Facility

1.

The resources of the Facility may be used, inter alia, to:

(a) provide risk capital in the form of:

(i) equity participation in OCT enterprises, including financial insti-

tutions;

(a)

in the case of conditional or participating loans, the remuneration
shall normally comprise a fixed interest rate of not more than 3 %
and a variable component related to the performance of the project;

(b) in the case of subordinated loans, the interest rate shall be market

related.

Guarantees shall be priced so as to reflect the risks insured and the

5.
particular characteristics of the operation.

(ii) quasi-capital assistance to OCT enterprises, including financial

institutions;

6.
The interest rate of ordinary loans shall comprise a reference rate
applied by the EIB for comparable loans with the same terms and
conditions as
to grace and repayment periods and a mark up
determined by the EIB.

(iii) guarantees and other credit enhancements which may be used
to cover political and other investment-related risks, both for
foreign and local investors or lenders;

Ordinary loans may be extended on concessional

7.
conditions in the following cases:

terms and

(b) provide ordinary loans.

(a)

for infrastructure projects in the least developed OCTs,
in post-
conflict OCTs or in post-natural disaster OCTs that are prerequisites
for private sector development. In such cases, the interest rate of the
loan will be reduced by 3 %;

Equity participation shall,

2.
minority holdings and shall be remunerated on the basis of
performance of the project concerned.

in general, be for non-controlling
the

Quasi-capital assistance may consist of shareholders’ advances,
3.
convertible bonds, conditional, subordinated and participating loans
or any other similar form of assistance. Such assistance may consist
in particular of:

(b) for projects which involve

restructuring operations

in the
framework of privatisation or for projects with substantial and
clearly demonstrable social or environmental benefits.
In such
cases,
loans may be extended with an interest rate subsidy the
amount and form of which will be decided with respect to the
particular characteristics of the project. However, the interest rate
subsidy shall not be higher than 3 %.

(a) conditional loans, the servicing and/or the duration of which shall
be linked to the fulfilment of certain conditions with regard to the

The final rate of loans falling under (a) or (b) shall, in any case, never be
less than 50 % of the reference rate.

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The funds to be provided for these concessional purposes will be
8.
made available from the Facility and shall not exceed 5 % of the overall
amount allocated for investment financing by the Facility and by the EIB
from its own resources.

Interest subsidies may be capitalised or may be used in the form
9.
of grants. Up to 10 % of the budget for interest rate subsidies may be
used to support project-related technical assistance, particularly for
financial institutions in the OCTs.

this

The EIB shall be remunerated for the cost incurred in managing
2.
the Facility. For the first two years after the entry into force of the
remuneration shall be up to an
second financial protocol,
amount of 2 % a year of the total
initial endowment of the Facility.
Thereafter, the remuneration of the EIB shall include a fixed component
of 0,5 % a year of the initial endowment and a variable component of
an amount of up to 1,5 % a year of the portfolio of the Facility that is
invested in projects in OCTs. The remuneration shall be financed out of
the Facility.

Article 3

Operations of the Facility

On expiry of

this Decision, and in the absence of a specific
3.
decision by the Council, the cumulative net reflows to the Facility
shall be carried over to the next OCT Financial Instrument.

1.
The Facility shall operate in all economic sectors and support
investments of private and commercially run public sector entities,
including revenue generating economic and technological infrastructure
critical for the private sector. The Facility shall:

(a) be managed as a revolving fund and aim at being financially
Its operations shall be on market-related terms and
sustainable.
conditions and shall avoid creating distortions on local markets
and displacing private sources of finances;

(b) support the OCT financial sector and have a catalytic effect by
resources and
encouraging the mobilisation of
attracting foreign private investors and lenders to projects in the
OCTs;

long-term local

(c) bear part of the risk of the projects it funds, its financial sustain-
ability being ensured through the portfolio as a whole and not from
individual operations; and

Article 4

Conditions for foreign exchange rate risk

In order to minimise the effects of exchange rate fluctuations,
the
problems of exchange rate risk shall be dealt with in the following way:

(a)

in the case of equity participation designed to strengthen an enter-
prise’s own funds, the exchange rate risk shall, as a general rule, be
borne by the Facility;

(b) in the case of risk capital financing for SMEs, the exchange rate risk
shall as a general
rule be shared, on the one hand, by the
Community, and on the other hand, by the other parties
involved. On average,
the foreign exchange rate risk shall be
shared equally;

(d) seek to channel funds through OCT institutions and programmes
that promote the development of small and medium-sized enter-
prises (SMEs).

(c) where feasible and appropriate, particularly in countries charac-
terised by macroeconomic and financial stability, the Facility will
endeavour to extend loans in local OCT currencies, thus taking
the foreign exchange risk.’

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ANNEX III

‘ANNEX II E

COMMUNITY FINANCIAL ASSISTANCE: BUDGETARY AID FOR DEVELOPING COUNTRIES

Without prejudice to future amendments to budgetary provisions, the OCTs shall benefit from the following actions
adopted for developing countries within the general budget of the European Union:

1. Thematic programmes covered by Regulation (EC) No 1905/2006 of the European Parliament and of the Council of
18 December 2006 establishing a financing Instrument for Development Cooperation (1) (DCI) and providing direct
support for the European Community development and cooperation policy.

2. Rehabilitation and reconstruction operations as covered by Regulation (EC) No 1717/2006 of the European Parliament

and the Council of 15 November 2006 establishing an Instrument for Stability (2).

3. Humanitarian aid as provided for by Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian

aid (3).

(1) OJ L 378, 27.12.2006, p. 41.
(2) OJ L 327, 24.11.2006, p. 1.
(3) OJ L 163, 2.7.1996, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the

Council (OJ L 284, 31.10.2003, p. 1).’.

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ANNEX IV

‘ANNEX II F

OTHER COMMUNITY ASSISTANCE: PARTICIPATION IN COMMUNITY PROGRAMMES

In accordance with Article 58 of this Decision, the following programmes and any programmes succeeding them, among
others, shall apply to OCT nationals, within the framework of the quota for the Member State to which the OCT
concerned is linked if the programme concerned uses such a quota:

1. Education and training programmes:

— an action programme in the field of lifelong learning (2007 to 2013), established by Decision No 1720/2006/EC
of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the
field of lifelong learning (1);

— the “Youth in Action” programme (2007 to 2013), established by Decision No 1719/2006/EC of the European
Parliament and of the Council of 15 November 2006 establishing the “Youth in Action” programme for the period
2007 to 2013 (2).

2. The programmes of the “Competitiveness and Innovation Framework” programme (CIP) (2007 to 2013), established
by Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a
“Competitiveness and Innovation Framework” programme (2007 to 2013) (3).

3. The programmes of the seventh framework programme of the European Community, established by Decision No
1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the seventh
framework programme of the European Community for research, technological development and demonstration
activities (2007 to 2013) (4).

4. Cultural and audiovisual programmes:

— programme of support

(MEDIA 2007), established by Decision No
1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implemen-
tation of a programme of support for the European audiovisual sector (MEDIA 2007) (5);

the European audiovisual sector

for

— Culture (2007 to 2013), established by Decision No 1903/2006/EC of the European Parliament and of the Council

of 12 December 2006 establishing the “Culture” programme (2007 to 2013) (6).

5. The HRTP Japan programme (human resources training programme in Japan) and topical missions, provided for by
Council Decision 92/278/EEC of 18 May 1992 confirming the consolidation of the EC-Japan Centre for Industrial
Cooperation (7).

(1) OJ L 327, 24.11.2006, p. 45.
(2) OJ L 327, 24.11.2006, p. 30.
(3) OJ L 310, 9.11.2006, p. 15.
(4) OJ L 412, 30.12.2006, p. 1.
(5) OJ L 327, 24.11.2006, p. 12.
(6) OJ L 378, 27.12.2006, p. 22.
(7) OJ L 144, 26.5.1992, p. 19.’.