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Document L:2007:029:FULL
Official Journal of the European Union, L 29, 03 February 2007
Official Journal of the European Union, L 29, 03 February 2007
Official Journal of the European Union, L 29, 03 February 2007
Display all documents published in this Official Journal
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ISSN 1725-2555 |
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Official Journal of the European Union |
L 29 |
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English edition |
Legislation |
Volume 50 |
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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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3.2.2007 |
EN |
Official Journal of the European Union |
L 29/1 |
NOTICE TO READERS
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BG: |
Настоящият брой на Официален вестник е публикуван на испански, чешки, датски, немски, естонски, гръцки, английски, френски, италиански, латвийски, литовски, унгарски, малтийски, нидерландски, полски, португалски, словашки, словенски, фински и шведски език.
Поправката, включена в него, се отнася до актове, публикувани преди разширяването на Европейския съюз от 1 януари 2007 г. |
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CS: |
Tento Úřední věstník se vydává ve španělštině, češtině, dánštině, němčině, estonštině, řečtině, angličtině, francouzštině, italštině, lotyštině, litevštině, maďarštině, maltštině, nizozemštině, polštině, portugalštině, slovenštině, slovinštině, finštině a švédštině.
Oprava zde uvedená se vztahuje na akty uveřejněné před rozšířením Evropské unie dne 1. ledna 2007. |
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DA: |
Denne EU-Tidende offentliggøres på dansk, engelsk, estisk, finsk, fransk, græsk, italiensk, lettisk, litauisk, maltesisk, nederlandsk, polsk, portugisisk, slovakisk, slovensk, spansk, svensk, tjekkisk, tysk og ungarsk.
Berigtigelserne heri henviser til retsakter, som blev offentliggjort før udvidelsen af Den Europæiske Union den 1. januar 2007. |
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DE: |
Dieses Amtsblatt wird in Spanisch, Tschechisch, Dänisch, Deutsch, Estnisch, Griechisch, Englisch, Französisch, Italienisch, Lettisch, Litauisch, Ungarisch, Maltesisch, Niederländisch, Polnisch, Portugiesisch, Slowakisch, Slowenisch, Finnisch und Schwedisch veröffentlicht.
Die darin enthaltenen Berichtigungen beziehen sich auf Rechtsakte, die vor der Erweiterung der Europäischen Union am 1. Januar 2007 veröffentlicht wurden. |
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EL: |
Η παρούσα Επίσημη Εφημερίδα δημοσιεύεται στην ισπανική, τσεχική, δανική, γερμανική, εσθονική, ελληνική, αγγλική, γαλλική, ιταλική, λεττονική, λιθουανική, ουγγρική, μαλτέζικη, ολλανδική, πολωνική, πορτογαλική, σλοβακική, σλοβενική, φινλανδική και σουηδική γλώσσα.
Τα διορθωτικά που περιλαμβάνει αναφέρονται σε πράξεις που δημοσιεύθηκαν πριν από τη διεύρυνση της Ευρωπαϊκής Ένωσης την 1η Ιανουαρίου 2007. |
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EN: |
This Official Journal is published in Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Slovak, Slovenian, Finnish and Swedish.
The corrigenda contained herein refer to acts published prior to enlargement of the European Union on 1 January 2007. |
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ES: |
El presente Diario Oficial se publica en español, checo, danés, alemán, estonio, griego, inglés, francés, italiano, letón, lituano, húngaro, maltés, neerlandés, polaco, portugués, eslovaco, esloveno, finés y sueco.
Las correcciones de errores que contiene se refieren a los actos publicados con anterioridad a la ampliación de la Unión Europea del 1 de enero de 2007. |
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ET: |
Käesolev Euroopa Liidu Teataja ilmub hispaania, tšehhi, taani, saksa, eesti, kreeka, inglise, prantsuse, itaalia, läti, leedu, ungari, malta, hollandi, poola, portugali, slovaki, sloveeni, soome ja rootsi keeles.
Selle parandustega viidatakse aktidele, mis on avaldatud enne Euroopa Liidu laienemist 1. jaanuaril 2007. |
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FI: |
Tämä virallinen lehti on julkaistu espanjan, tšekin, tanskan, saksan, viron, kreikan, englannin, ranskan, italian, latvian, liettuan, unkarin, maltan, hollannin, puolan, portugalin, slovakin, sloveenin, suomen ja ruotsin kielellä.
Lehden sisältämät oikaisut liittyvät ennen Euroopan unionin laajentumista 1. tammikuuta 2007 julkaistuihin säädöksiin. |
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FR: |
Le présent Journal officiel est publié dans les langues espagnole, tchèque, danoise, allemande, estonienne, grecque, anglaise, française, italienne, lettone, lituanienne, hongroise, maltaise, néerlandaise, polonaise, portugaise, slovaque, slovène, finnoise et suédoise.
Les rectificatifs qu'il contient se rapportent à des actes publiés antérieurement à l'élargissement de l'Union européenne du 1er janvier 2007. |
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HU: |
Ez a Hivatalos Lap spanyol, cseh, dán, német, észt, görög, angol, francia, olasz, lett, litván, magyar, máltai, holland, lengyel, portugál, szlovák, szlovén, finn és svéd nyelven jelenik meg.
Az itt megjelent helyesbítések elsősorban a 2007. január 1-jei európai uniós bővítéssel kapcsolatos jogszabályokra vonatkoznak. |
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IT: |
La presente Gazzetta ufficiale è pubblicata nelle lingue spagnola, ceca, danese, tedesca, estone, greca, inglese, francese, italiana, lettone, lituana, ungherese, maltese, olandese, polacca, portoghese, slovacca, slovena, finlandese e svedese.
Le rettifiche che essa contiene si riferiscono ad atti pubblicati anteriormente all'allargamento dell'Unione europea del 1o gennaio 2007. |
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LT: |
Šis Oficialusis leidinys išleistas ispanų, čekų, danų, vokiečių, estų, graikų, anglų, prancūzų, italų, latvių, lietuvių, vengrų, maltiečių, olandų, lenkų, portugalų, slovakų, slovėnų, suomių ir švedų kalbomis.
Čia išspausdintas teisės aktų, paskelbtų iki Europos Sąjungos plėtros 2007 m. sausio 1 d., klaidų ištaisymas. |
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LV: |
Šis Oficiālais Vēstnesis publicēts spāņu, čehu, dāņu, vācu, igauņu, grieķu, angļu, franču, itāļu, latviešu, lietuviešu, ungāru, maltiešu, holandiešu, poļu, portugāļu, slovāku, slovēņu, somu un zviedru valodā.
Šeit minētie labojumi attiecas uz tiesību aktiem, kas publicēti pirms Eiropas Savienības paplašināšanās 2007. gada 1. janvārī. |
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MT: |
Dan il-Ġurnal Uffiċjali hu ppubblikat fil-ligwa Spanjola, Ċeka, Daniża, Ġermaniża, Estonjana, Griega, Ingliża, Franċiża, Taljana, Latvjana, Litwana, Ungeriża, Maltija, Olandiża, Pollakka, Portugiża, Slovakka, Slovena, Finlandiża u Żvediża.
Il-corrigenda li tinstab hawnhekk tirreferi għal atti ppubblikati qabel it-tkabbir ta' l-Unjoni Ewropea fl-1 ta' Jannar 2007. |
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NL: |
Dit Publicatieblad wordt uitgegeven in de Spaanse, de Tsjechische, de Deense, de Duitse, de Estse, de Griekse, de Engelse, de Franse, de Italiaanse, de Letse, de Litouwse, de Hongaarse, de Maltese, de Nederlandse, de Poolse, de Portugese, de Slowaakse, de Sloveense, de Finse en de Zweedse taal.
De rectificaties in dit Publicatieblad hebben betrekking op besluiten die vóór de uitbreiding van de Europese Unie op 1 januari 2007 zijn gepubliceerd. |
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PL: |
Niniejszy Dziennik Urzędowy jest wydawany w językach: hiszpańskim, czeskim, duńskim, niemieckim, estońskim, greckim, angielskim, francuskim, włoskim, łotewskim, litewskim, węgierskim, maltańskim, niderlandzkim, polskim, portugalskim, słowackim, słoweńskim, fińskim i szwedzkim.
Sprostowania zawierają odniesienia do aktów opublikowanych przed rozszerzeniem Unii Europejskiej dnia 1 stycznia 2007 r. |
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PT: |
O presente Jornal Oficial é publicado nas línguas espanhola, checa, dinamarquesa, alemã, estónia, grega, inglesa, francesa, italiana, letã, lituana, húngara, maltesa, neerlandesa, polaca, portuguesa, eslovaca, eslovena, finlandesa e sueca.
As rectificações publicadas neste Jornal Oficial referem-se a actos publicados antes do alargamento da União Europeia de 1 de Janeiro de 2007. |
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RO: |
Prezentul Jurnal Oficial este publicat în limbile spaniolă, cehă, daneză, germană, estonă, greacă, engleză, franceză, italiană, letonă, lituaniană, maghiară, malteză, olandeză, polonă, portugheză, slovacă, slovenă, finlandeză şi suedeză.
Rectificările conţinute în acest Jurnal Oficial se referă la acte publicate anterior extinderii Uniunii Europene din 1 ianuarie 2007. |
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SK: |
Tento úradný vestník vychádza v španielskom, českom, dánskom, nemeckom, estónskom, gréckom, anglickom, francúzskom, talianskom, lotyšskom, litovskom, maďarskom, maltskom, holandskom, poľskom, portugalskom, slovenskom, slovinskom, fínskom a švédskom jazyku.
Korigendá, ktoré obsahuje, odkazujú na akty uverejnené pred rozšírením Európskej únie 1. januára 2007. |
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SL: |
Ta Uradni list je objavljen v španskem, češkem, danskem, nemškem, estonskem, grškem, angleškem, francoskem, italijanskem, latvijskem, litovskem, madžarskem, malteškem, nizozemskem, poljskem, portugalskem, slovaškem, slovenskem, finskem in švedskem jeziku.
Vsebovani popravki se nanašajo na akte, objavljene pred širitvijo Evropske unije 1. januarja 2007. |
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SV: |
Denna utgåva av Europeiska unionens officiella tidning publiceras på spanska, tjeckiska, danska, tyska, estniska, grekiska, engelska, franska, italienska, lettiska, litauiska, ungerska, maltesiska, nederländska, polska, portugisiska, slovakiska, slovenska, finska och svenska.
Rättelserna som den innehåller avser rättsakter som publicerades före utvidgningen av Europeiska unionen den 1 januari 2007. |
Corrigenda
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3.2.2007 |
EN |
Official Journal of the European Union |
L 29/3 |
Corrigendum to Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 december 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention
( Official Journal of the European Communities L 405 of 30 December 2006 )
Regulation (EC) No 1931/2006 should read as follows:
REGULATION (EC) No 1931/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 December 2006
laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
Whereas:
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(1) |
The need to develop rules on local border traffic in order to consolidate the Community legal framework on external borders was highlighted in the Commission Communication entitled ‘Towards an integrated management of the external borders of the Member States of the European Union’. This need was confirmed by the Council on 13 June 2002, with the approval of the ‘Plan for the management of the external borders of the Member States of the European Union’, subsequently endorsed by the European Council in Seville on 21 and 22 June 2002. |
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(2) |
It is in the interest of the enlarged Community to ensure that the borders with its neighbours are not a barrier to trade, social and cultural interchange or regional cooperation. An efficient system for local border traffic should consequently be developed. |
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(3) |
The local border traffic regime constitutes a derogation from the general rules governing the border control of persons crossing the external borders of the Member States of the European Union which are set out in Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2). |
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(4) |
The Community should lay down criteria and conditions to be complied with when the crossing of an external land border under the local border traffic regime is being eased for border residents. Such criteria and conditions should ensure a balance between, on the one hand, the easing of border crossing for bona fide border residents having legitimate reasons frequently to cross an external land border and, on the other hand, the need to prevent illegal immigration and potential threats to security posed by criminal activities. |
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(5) |
As a general rule, in order to prevent abuses, local border traffic permits should be issued only to those who have been lawfully resident in a border area for at least one year. Bilateral Agreements concluded between Member States and neighbouring third countries may provide for a longer period of residence. In exceptional and duly justified cases, such as those relating to minors, changes in marital status or inheritance of land, those bilateral Agreements may also provide for a shorter period of residence. |
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(6) |
Local border traffic permits should be issued to border residents whether or not they are subject to a visa requirement pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (3). As a result, this Regulation should be read together with Council Regulation (EC) No 1932/2006 (4) amending Regulation (EC) No 539/2001, which is designed to exempt from the visa obligation border residents who benefit from the local border traffic regime established by this Regulation. As a consequence, this Regulation may enter into force only in conjunction with that amending Regulation. |
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(7) |
The Community should lay down specific criteria and conditions for the issuing of local border traffic permits to border residents. Those criteria and conditions should be consistent with the entry conditions imposed on border residents crossing an external land border under the local border traffic regime. |
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(8) |
The right to free movement enjoyed by citizens of the Union and members of their families and the equivalent rights enjoyed by third-country nationals and members of their families under Agreements between the Community and its Member States, on the one hand, and the third countries concerned, on the other hand, should not be affected by the establishment of rules on local border traffic at Community level. However, where border crossing is eased under the local border traffic regime for border residents, and this entails less systematic control, border crossing should, as a matter of course, be eased for any person enjoying the Community right of free movement residing in the border area concerned. |
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(9) |
For the implementation of the local border traffic regime, Member States should be allowed to maintain or conclude, if necessary, bilateral Agreements with neighbouring third countries, provided that such Agreements comply with the rules laid down in this Regulation. |
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(10) |
This Regulation does not affect the specific arrangements applied in Ceuta and Melilla, as referred to in the Declaration by the Kingdom of Spain on the towns of Ceuta and Melilla in the Final Act to the Agreement on the Accession of the Kingdom of Spain to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990 (5). |
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(11) |
Penalties, as provided for in national law, should be imposed by Member States on border residents who abuse the local border traffic regime established by this Regulation. |
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(12) |
The Commission should submit a report to the European Parliament and to the Council on the application of this Regulation. The report should be accompanied, where necessary, by legislative proposals. |
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(13) |
This Regulation respects the fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. |
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(14) |
Since the objective of this Regulation, namely the laying down of the criteria and conditions for the establishment of a local border traffic regime at external land borders, directly affects the Community acquis on external borders and cannot thus be achieved sufficiently by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
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(15) |
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation, and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of that Protocol, decide within a period of six months after the date of adoption of this Regulation whether it will implement it in its national law. |
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(16) |
As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis (6), which fall within the area referred to in Article 1(A), of Council Decision 1999/437/EC on certain arrangements for the application of that Agreement (7). |
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(17) |
This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (8). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. |
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(18) |
This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (9). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. |
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(19) |
As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1(A) of Decision 1999/437/EC read in conjunction with Article 4(1) of Decision 2004/849/EC (10) and Article 4(1) of Decision 2004/860/EC (11). |
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(20) |
Articles 4(b) and 9(c) of this Regulation constitute provisions building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession, |
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
1. This Regulation establishes a local border traffic regime at the external land borders of the Member States and introduces for that purpose a local border traffic permit.
2. This Regulation authorises Member States to conclude or maintain bilateral Agreements with neighbouring third countries for the purpose of implementing the local border traffic regime established by this Regulation.
Article 2
Scope
This Regulation shall not affect the provisions of Community and national law applicable to third-country nationals relating to:
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(a) |
long-term stays; |
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(b) |
access to and exercise of economic activity; |
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(c) |
customs and taxation matters. |
Article 3
Definitions
For the purposes of this Regulation the following definitions shall apply:
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1. |
‘external land border’ means the common land border between a Member State and a neighbouring third country; |
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2. |
‘border area’ means an area that extends no more than 30 kilometres from the border. The local administrative districts that are to be considered as the border area shall be specified by the States concerned in their bilateral Agreements as referred to in Article 13. If part of any such district lies between 30 and 50 kilometres from the border line, it shall nevertheless be considered as part of the border area; |
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3. |
‘local border traffic’ means the regular crossing of an external land border by border residents in order to stay in a border area, for example for social, cultural or substantiated economic reasons, or for family reasons, for a period not exceeding the time limit laid down in this Regulation; |
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4. |
‘persons enjoying the Community right of free movement’ means:
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5. |
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty establishing the European Community and who is not covered by point 4; |
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6. |
‘border residents’ means third–country nationals who have been lawfully resident in the border area of a country neighbouring a Member State for a period specified in the bilateral Agreements referred to in Article 13, which shall be at least one year. In exceptional and duly justified cases specified in those bilateral Agreements, a period of residence of less than one year may also be considered as appropriate; |
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7. |
‘local border traffic permit’ means a specific document, as introduced by Chapter III, entitling border residents to cross an external land border under the local border traffic regime; |
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8. |
‘the Schengen Convention’ means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (13). |
CHAPTER II
LOCAL BORDER TRAFFIC REGIME
Article 4
Entry conditions
Border residents may cross the external land border of a neighbouring Member State under the local border traffic regime, on condition that they:
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(a) |
are in possession of a local border traffic permit and, if so required by the relevant bilateral Agreement referred to in Article 13, a valid travel document or documents; |
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(b) |
are not persons for whom an alert has been issued in the Schengen Information System (SIS) for the purposes of refusing them entry; |
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(c) |
are not considered to be a threat to public policy, internal security, public health or the international relations of any of the Member States, and in particular where no alert has been issued in Member States' national databases for the purposes of refusing entry on the same grounds. |
Article 5
Duration of stay in the border area
The bilateral Agreements referred to in Article 13 shall specify the maximum permissible duration of each uninterrupted stay under the local border traffic regime, which shall not exceed three months.
Article 6
Entry and exit checks
1. Member States shall carry out entry and exit checks on border residents in order to ensure that they fulfil the conditions set out in Article 4.
2. No entry or exit stamps shall be affixed to the local border traffic permit under the local border traffic regime.
3. Paragraph 1 shall be without prejudice to Article 15.
CHAPTER III
LOCAL BORDER TRAFFIC PERMIT
Article 7
Introduction of a local border traffic permit
1. A local border traffic permit is hereby introduced.
2. The territorial validity of the local border traffic permit shall be limited to the border area of the issuing Member State.
3. The local border traffic permit shall bear a photograph of the holder of the permit and shall contain at least the following information:
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(a) |
the forename(s), surname(s), date of birth, nationality and place of residence of the holder of the permit; |
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(b) |
the issuing authority, date of issue and period of validity; |
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(c) |
the border area within which the holder of the permit is authorised to move; |
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(d) |
the number(s) of the valid travel document or documents, as referred to in Article 9(a), entitling its holder to cross the external borders. |
It shall clearly state that its holder is not authorised to move outside the border area and that any abuse shall be subject to penalties as provided for in Article 17.
Article 8
Security features and technical specifications of the local border traffic permit
1. The security features and technical specifications of the local border traffic permit shall comply with the relevant provisions of Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (14).
2. Member States shall forward to the Commission and to the other Member States a specimen of the local border traffic permit drawn up in accordance with paragraph 1.
Article 9
Issuing conditions
Local border traffic permits may be issued to border residents who:
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(a) |
are in possession of a valid travel document or documents, as referred to in Article 17(3)(a) of the Schengen Convention, entitling them to cross the external borders; |
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(b) |
produce documents proving their status as border residents and proving the existence of legitimate reasons frequently to cross an external land border under the local border traffic regime; |
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(c) |
are not persons for whom an alert has been issued in the SIS for the purposes of refusing them entry; |
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(d) |
are not considered to be a threat to public policy, internal security, public health or the international relations of any of the Member States, and in particular where no alert has been issued in Member States' national databases for the purposes of refusing entry on the same grounds. |
Article 10
Validity
The local border traffic permit shall be valid for a minimum of one year and a maximum of five years.
Article 11
Issuing fees
The fees corresponding to the administrative costs of processing applications for the local border traffic permit shall not exceed the fees charged for processing applications for short-term multiple-entry visas.
The local border traffic permit may be issued free of charge.
Article 12
Issuing arrangements
1. The local border traffic permit may be issued by either a consulate or any administrative authority of a Member State designated in the bilateral Agreements referred to in Article 13.
2. Member States shall keep a central register of local border traffic permits applied for, issued, extended and cancelled or revoked and shall designate a national contact point responsible for providing without delay, upon request from other Member States, information on the permits entered in that register.
CHAPTER IV
IMPLEMENTATION OF THE LOCAL BORDER TRAFFIC REGIME
Article 13
Bilateral Agreements between Member States and neighbouring third countries
1. For the purposes of implementing the local border traffic regime, Member States shall be authorised to conclude bilateral Agreements with neighbouring third countries in accordance with the rules set out in this Regulation.
Member States may also maintain existing bilateral Agreements with neighbouring third countries on local border traffic. To the extent that such Agreements are incompatible with this Regulation, the Member States concerned shall amend the Agreements in such a way as to eliminate the incompatibilities established.
2. Before concluding or amending any bilateral Agreement on local border traffic with a neighbouring third country, the Member States concerned shall consult the Commission as to the compatibility of the Agreement with this Regulation.
If the Commission considers the Agreement to be incompatible with this Regulation, it shall notify the Member State concerned. The Member State shall take all appropriate steps to amend the Agreement within a reasonable period in such a way as to eliminate the incompatibilities established.
3. Where the Community or the Member State concerned has not concluded a general readmission Agreement with a third country, the bilateral Agreements on local border traffic with that third country shall provide for the readmission of persons found to be abusing the local border traffic regime as established by this Regulation to be facilitated.
Article 14
Comparability of treatment
In the bilateral Agreements referred to in Article 13, Member States shall ensure that third countries grant persons enjoying the Community right of free movement and third-country nationals lawfully resident in the border area of the Member State concerned treatment at least comparable to that granted to the border residents of the third country concerned.
Article 15
Easing of border crossing
1. The bilateral Agreements referred to in Article 13 may provide for border crossing to be eased, whereby Member States:
|
(a) |
set up specific border crossing points open only to border residents; |
|
(b) |
reserve specific lanes to border residents at ordinary border crossing points; or |
|
(c) |
taking into account the local circumstances, and where exceptionally there is a requirement of a special nature, authorise border residents to cross their external land border at defined places other than authorised border crossing points and outside the fixed hours. |
2. Where a Member State decides to ease border crossing for border residents in accordance with paragraph 1, it shall, as a matter of course, ease border crossing for any person enjoying the Community right of free movement residing in the border area concerned.
3. At the border crossing points referred to in paragraph 1(a) and at the lanes referred to in paragraph 1(b), persons who regularly cross the external land border and who, by reason of their frequent crossing of the border, are well known to the border guards shall, usually, be subject only to random checks.
Such persons shall be subject to thorough checks from time to time, without warning and at irregular intervals.
4. Where a Member State decides to ease border crossing for border residents in accordance with paragraph 1(c):
|
(a) |
the local border traffic permit shall contain, in addition to the information required by Article 7(3), details of the place where, and the circumstances in which, the external land border may be crossed; |
|
(b) |
the Member State in question shall carry out random checks and conduct regular surveillance in order to prevent unauthorised border crossings. |
CHAPTER V
FINAL PROVISIONS
Article 16
Ceuta and Melilla
The provisions of this Regulation shall not affect the specific arrangements applying to the towns of Ceuta and Melilla, as referred to in the Declaration by the Kingdom of Spain on the towns of Ceuta and Melilla in the Final Act to the Agreement on the Accession of the Kingdom of Spain to the Convention implementing the Schengen Agreement.
Article 17
Penalties
1. Member States shall ensure that any abuse of the local border traffic regime, as established by this Regulation and as implemented by the bilateral Agreements referred to in Article 13, is subject to penalties as provided for by national law.
2. Those penalties shall be effective, proportionate and dissuasive and shall include the possibility of cancelling and revoking local border traffic permits.
3. Member States shall keep a record of all cases of abuse of the local border traffic regime and of penalties imposed in accordance with paragraph 1. That information shall be forwarded every six months to the other Member States and to the Commission.
Article 18
Report on the local border traffic regime
By 19 January 2009, the Commission shall submit a report to the European Parliament and the Council on the implementation and functioning of the local border traffic regime, as established by this Regulation and implemented by the bilateral Agreements concluded or maintained in conformity with the rules set out in this Regulation. That report shall be accompanied, where necessary, by appropriate legislative proposals.
Article 19
Notification of bilateral Agreements
1. Member States shall notify the Commission of all bilateral Agreements referred to in Article 13 and of any denunciation thereof or amendment thereto.
2. The Commission shall make the information notified in accordance with paragraph 1 available to the Member States and to the public by publishing it in the Official Journal of the European Union or by any other appropriate means.
Article 20
Amendment of the provisions of the Schengen Convention
The provisions of Article 136(3) of the Schengen Convention shall be replaced by the following:
|
‘3. |
Paragraph 2 shall not apply to bilateral Agreements on local border traffic as referred to in Article 13 of Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (*1). |
Article 21
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
Done at Brussels, 20 December 2006.
For the European Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
J. KORKEAOJA
(*1) OJ L 405, 30.12.2006, p. 1. Corrected by OJ L 29, 3.2.2007, p. 3.’
(1) Opinion of the European Parliament of 14 February 2006 (not yet published in the Official Journal) and Council Decision of 5 October 2006.
(2) OJ L 105, 13.4.2006, p. 1.
(3) OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).
(4) See page 10 of this Official Journal.
(5) OJ L 239, 22.9.2000, p. 69.
(6) OJ L 176, 10.7.1999, p. 36.
(7) OJ L 176, 10.7.1999, p. 31.
(8) OJ L 131, 1.6.2000, p. 43. Decision as amended by Decision 2004/926/EC (OJ L 395, 31.12.2004, p. 70).
(10) Council Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 368, 15.12.2004, p. 26).
(11) Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 370, 17.12.2004, p. 78).
(12) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (OJ L 158, 30.4.2004, p. 77). Corrected version in OJ L 229, 29.6.2004, p. 35.
(13) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005 of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 18).
|
3.2.2007 |
EN |
Official Journal of the European Union |
L 29/10 |
Corrigendum to Council Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
( Official Journal of the European Union L 405 of 30 December 2006 )
Regulation (EC) No 1932/2006 should read as follows:
COUNCIL REGULATION (EC) No 1932/2006
of 21 December 2006
amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(i) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
|
(1) |
The composition of the lists of third countries in Annexes I and II to Council Regulation (EC) No 539/2001 of 15 March 2001 (1) should be, and should remain, consistent with the criteria laid down in recital (5) thereto. Some third countries should be transferred from one Annex to the other, particularly with regard to illegal immigration and public policy. |
|
(2) |
Bolivia should be transferred to Annex I to Regulation (EC) No 539/2001. The date of application of the visa requirement for Bolivian nationals should be such as to allow Member States to rescind in good time the bilateral agreements with Bolivia and to take all the necessary administrative and organisational measures for introducing the visa requirement in question. |
|
(3) |
Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, and the Seychelles should be transferred to Annex II to Regulation (EC) No 539/2001. Exemption from the visa requirement for nationals of those countries should not come into force before a bilateral agreement on exemption from the visa requirement between the European Community and the country in question has been concluded. |
|
(4) |
The two Annexes to Regulation (EC) No 539/2001 should be exhaustive. To that end, a heading making it possible to determine the visa arrangements to be applied by the Member States to categories of persons made subject to the visa requirement by certain Member States and exempted therefrom by others should be added to each of the Annexes to Regulation (EC) No 539/2001. Various categories of ‘British’ persons who are not nationals of the United Kingdom within the meaning of Community law should be added to Annex I to Regulation (EC) No 539/2001 and British Nationals (Overseas) should be added to Annex II thereto. |
|
(5) |
Member States may provide for exemptions from the visa requirement for holders of certain passports other than ordinary passports. The designations of these passports require clarification. Reference needs also to be made in Regulation (EC) No 539/2001 to the procedures applicable where recourse is had to such exemptions. |
|
(6) |
Member States may exempt from the visa requirement recognised refugees, all stateless persons, both those under the Convention relating to the Status of Stateless Persons of 28 September 1954 and those outside of the scope of that Convention, and school pupils travelling on school excursions where the persons of these categories reside in a third country listed in Annex II to Regulation (EC) No 539/2001. A full exemption from the visa requirement exists already for these three categories of persons residing within the Schengen area when they enter or re-enter that area; a general exemption should be introduced for persons of those categories residing in a Member State which has not or not yet joined the Schengen area, as far as their entry or re-entry into the territory of any other Member State bound by the Schengen acquis is concerned. |
|
(7) |
Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (2) makes it necessary to provide for a new exemption from the visa requirement for holders of a local border traffic card. |
|
(8) |
The arrangements governing exemptions from the visa requirement should fully reflect actual practices. Certain Member States grant exemption from the visa requirement for nationals of third countries listed in Annex I to Regulation (EC) No 539/2001 who are members of the armed forces travelling on NATO or Partnership for Peace business. For reasons of legal certainty, these exemptions, which are based on international obligations external to Community law, should nevertheless be referred to in that Regulation. |
|
(9) |
Because of the successive amendments to Regulation (EC) No 539/2001, it is necessary to improve its structure and make it easier to read, to which end it should be recast at a later date. |
|
(10) |
As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis, within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter's association with the implementation, application and development of the Schengen acquis (3), which falls within the area referred to in Article 1(B) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (4). |
|
(11) |
The United Kingdom and Ireland are not bound by Regulation (EC) No 539/2001. They are therefore not taking part in the adoption of this Regulation and are not bound by or subject to the application thereof. |
|
(12) |
As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis, within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which falls within the area referred to in Article 1(B) of Council Decision 1999/437/EC, read in conjunction with Article 4(1) of Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (5), |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 539/2001 is hereby amended as follows:
|
(1) |
Article 1 shall be amended as follows:
|
|
(2) |
Article 3 of Regulation (EC) No 539/2001 shall be repealed; |
|
(3) |
Article 4 shall be amended as follows:
|
|
(4) |
Annex I shall be amended as follows:
|
|
(5) |
Annex II shall be amended as follows:
|
Article 2
Member States shall apply the visa requirement for Bolivian nationals with effect from 1 April 2007.
Member States shall apply the exemption from the visa requirement for nationals of Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis and the Seychelles from the date of entry into force of an agreement on visa exemptions to be concluded by the European Community with the third country in question.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
Done at Brussels, 21 December 2006.
For the Council
The President
J. KORKEAOJA
(*1) OJ L 405, 20.12.2006, p. 1.
(*2) OJ L 327, 19.12.1994, p. 1.’;
(*3) OJ L 116, 26.4.2001, p. 2. Regulation as amended by Decision 2004/927/EC (OJ L 396, 31.12.2004, p. 45).’;
(1) OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).
(2) See page 3 of this Official Journal.
(3) OJ L 176, 10.7.1999, p. 31.
|
3.2.2007 |
EN |
Official Journal of the European Union |
L 29/14 |
Corrigendum to Council Regulation (EC) No 1933/2006 of 21 December 2006 temporarily withdrawing access to the generalised tariff preferences from the Republic of Belarus
( Official Journal of the European Union L 405 of 30 December 2006 )
Regulation (EC) No 1933/2006 should read as follows:
COUNCIL REGULATION (EC) No 1933/2006
of 21 December 2006
temporarily withdrawing access to the generalised tariff preferences from the Republic of Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 20(4) thereof,
Whereas:
|
(1) |
Pursuant to Regulation (EC) No 980/2005, the Republic of Belarus (hereinafter referred to as Belarus) is a beneficiary country of the Community's scheme of generalised tariff preferences. |
|
(2) |
On 29 January 2003, the International Confederation of Free Trade Unions (ICFTU), the European Trade Union Confederation (ETUC) and the World Confederation of Labour (WCL) made a joint request to the Commission for an investigation to be made under Article 27 of Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 (2) — Statements on a Council Regulation applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 into alleged violations of the freedom of association and of the right to collective bargaining in Belarus. |
|
(3) |
The Commission examined the request in consultation with the Generalised Preferences Committee and decided, by Decision of 29 December 2003 (3), to initiate an investigation. Information from interested parties was sought, by means of a published notice (4). |
|
(4) |
The Belarussian authorities were formally notified of the opening of the investigation. They denied any violations of International Labour Organisation (ILO) Conventions No 87 (concerning Freedom of Association and Protection of the Right to Organise) and No 98 (concerning the Application of the Principles of the Right to Organise and to Bargain Collectively). |
|
(5) |
The information collected by the Commission during the course of the investigation conducted in consultation with the Generalised Preferences Committee, however, corroborated the existence of serious and systematic violations of the freedom of association and of the right to collective bargaining under ILO Conventions No 87 and No 98. Among other things, the Commission learned that ILO examined the situation in Belarus with respect to the two conventions and had started its own respective investigation in November 2003. The resulting ILO Commission of Inquiry report of July 2004 contained 12 recommendations to undertake specific steps to improve the situation in Belarus. Belarus was urged to implement these recommendations by 1 June 2005, but no implementation took place. Based on this information and its own review, the Commission considered that a temporary withdrawal of the preferential arrangement was justified. |
|
(6) |
On 17 August 2005, the Commission decided to monitor and evaluate the labour rights situation in Belarus (5). The announcement of the start of the six-month period of monitoring and evaluation (6) included a statement of the Commission's intention to submit a proposal to the Council for the temporary withdrawal of the trade preferences, unless, before the end of the period, Belarus had made a commitment to take the measures necessary to conform with the principles referred to in the 1998 ILO Declaration on Fundamental Principles and Rights at Work, as expressed in the twelve recommendations in the ILO Commission of Inquiry report of July 2004. The Belarussian authorities were notified officially of the decision and of the announcement. |
|
(7) |
Belarus did not make the requisite commitment within the six-month period of monitoring and evaluation, nor, as described below, during the months which followed. Instead, on 30 March 2006, Belarussian authorities presented to the Commission a submission on the situation of freedom of association rights in Belarus. The Commission analysed that submission, but concluded that it did not provide sufficient evidence of commitment. |
|
(8) |
In the meantime, the ILO Governing Body adopted the Committee on Freedom of Association (CFA) follow-up report in March 2006, in which the CFA pointed to the actual worsening of the situation of trade unions' rights in Belarus and urged the Belarussian authorities to take concrete measures immediately. |
|
(9) |
Further, the Commission received a communication, dated 16 May 2006, from the Belarussian authorities on the situation of freedom of association rights in Belarus. Just as with the submission of 30 March 2006, after a careful analysis, the Commission came to the conclusion that that submission did not provide any sign of commitment or a convincing indication that the situation had improved. This assessment of the situation in Belarus was shared by the ILO Committee on the Application of Standards of the International Labour Conference in its June 2006 report, where it deplored the continued failure by the Belarussian Government to implement the recommendations and stressed the necessity of rapid actions so that real and tangible progress could be noted. Also the June 2006 International Labour Conference, organised under the auspices of ILO, classified the lack of implementation of the 12 recommendations, which Belarus continued to ignore since July 2004, as a case of continued failure. This exceptional classification is only used for very serious and systematic cases of non compliance with a ratified convention. |
|
(10) |
The Commission has carefully analysed recent developments in Belarus, including a letter from Belarus dated 14 October 2006 and submitted to the Commission on 17 October 2006. Instead of producing any effective commitment or clear evidence that the situation has improved, that letter, once again, puts forward possible intentions, but contains no indication of effective implementation of the principles of ILO Conventions No 87 and No 98. The violations of principles laid down in the ILO Conventions No 87 and No 98 continue to exist. |
|
(11) |
In the light of the foregoing the preferential arrangement for products originating in Belarus should be withdrawn temporarily, until it is decided that the reasons justifying the temporary withdrawal no longer prevail. |
|
(12) |
This Regulation should enter into force six months after its adoption, unless it is decided before then that the reasons justifying it no longer prevail, |
HAS ADOPTED THIS REGULATION:
Article 1
The preferential arrangement for products originating in Belarus provided for in Regulation (EC) No 980/2005 shall be withdrawn temporarily.
Article 2
The Council, acting by qualified majority, on a proposal from the Commission, shall re-establish the preferential arrangement for products originating in Belarus, if the violations of the freedom of association and of the right to collective bargaining in Belarus no longer exist.
Article 3
This Regulation shall enter into force on 21 June 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Council
The President
J. KORKEAOJA
(1) OJ L 169, 30.6.2005, p. 1.
(2) OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Regulation (EC) No 980/2005.
(3) Commission Decision 2004/23/EC of 29 December 2003 providing for the initiation of an investigation pursuant to Article 27(2) of Council Regulation (EC) No 2501/2001 with respect to the violation of freedom of association in Belarus (OJ L 5, 9.1.2004, p. 90).
(5) Commission Decision 2005/616/EC of 17 August 2005 on the monitoring and evaluation of the labour rights situation in Belarus for temporary withdrawal of trade preferences (OJ L 213, 18.8.2005, p. 16).
|
3.2.2007 |
EN |
Official Journal of the European Union |
L 29/16 |
Corrigendum to Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories
( Official Journal of the European Union L 405 of 30 December 2006 )
Regulation (EC) No 1934/2006 should read as follows:
COUNCIL REGULATION (EC) No 1934/2006
of 21 December 2006
establishing a financing instrument for cooperation with industrialised and other high-income countries and territories
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 181a thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
|
(1) |
Over the past decade, the Community has consistently strengthened its bilateral relations with a broad range of industrialised and other high-income countries and territories across different regions of the world, primarily in North America, East Asia and Australasia, but also in South-East Asia and the Gulf region. Furthermore, these relations have developed to embrace a widening array of subjects and areas in the economic sphere and beyond. |
|
(2) |
It is in the Community's interest to further deepen its relations with industrialised countries and territories with which it often shares similar political, economic and institutional structures and values and which are important bilateral political and trading partners as well as players in multilateral fora and in global governance. This will be an important factor in strengthening the European Union's role and place in the world, consolidating multilateral institutions and in contributing to balance and in developing the world economy and the international system. |
|
(3) |
The European Union and industrialised and other high-income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral instruments such as agreements, declarations, action plans and other similar documents. |
|
(4) |
In accordance with the principles laid down in those bilateral instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities will help to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges and interaction between a diversified range of actors on each side. |
|
(5) |
The European Union is founded on the principles of democracy, the rule of law, good governance, respect for human rights and fundamental freedoms. Community action under this Regulation should contribute to the general objective of developing and consolidating these principles in partner countries and regions through dialogue and cooperation. |
|
(6) |
The promotion of diversified bilateral cooperation initiatives with industrialised and other high-income countries and territories within a single instrument will allow economies of scale, synergy effects, greater effectiveness and visibility for the Community action. |
|
(7) |
In order to achieve the objectives of this Regulation it is necessary to pursue a differentiated approach and to design cooperation with partner countries taking account of their economic, social and political contexts as well as of the Community's specific interests, strategies and priorities. |
|
(8) |
This Regulation makes it necessary to repeal Council Regulation (EC) No 382/2001 of 26 February 2001 concerning the implementation of projects promoting cooperation and commercial relations between the European Union and the industrialised countries of North America, the Far East and Australasia and repealing Regulation (EC) No 1035/1999 (1). |
|
(9) |
Since the objectives of this Regulation, namely to promote enhanced cooperation between the Community and industrialised and other high-income countries and territories, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
|
(10) |
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2), |
HAS ADOPTED THIS REGULATION:
Article 1
Objective
1. Community financing shall support economic, financial and technical cooperation and other forms of cooperation falling within its spheres of competence, with industrialised and other high-income countries and territories.
2. The primary objective of cooperation with the countries and territories referred to in paragraph 1 shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral, regional or multilateral basis in order to create a more favourable environment for the development of the relations of the Community with these countries and territories and promote dialogue while fostering Community's interests.
Article 2
Scope
1. The cooperation with industrialised and other high-income countries and territories shall be aimed at engaging with partners which share similar political, economic and institutional structures and values to the Community and which are important bilateral partners and players in multilateral fora and in global governance. The cooperation also covers newly industrialised or high-income countries and territories with which the Community has a strategic interest in promoting links.
2. For the purpose of this Regulation, industrialised and other high-income countries and territories shall comprise countries and territories listed in the Annex and are hereinafter referred to as ‘partner countries’. However, in duly justified circumstances and in order to foster regional cooperation, the Commission may decide when adopting action programmes referred to in Article 6 that countries not listed in the Annex are eligible, where the project or programme to be implemented is of regional or cross-border nature. Provisions may be made for this in the multiannual cooperation programmes referred to in Article 5. The Commission shall amend the list in the Annex in accordance with regular OECD/DAC reviews of its list of developing countries and inform the Council thereof.
Article 3
General principles
1. The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law and seeks to promote commitment to these principles in partner countries through dialogue and cooperation.
2. In the implementation of this Regulation a differentiated approach in designing cooperation with partner countries shall be pursued, where appropriate, to take account of their economic, social and political contexts as well as of the Community's specific interests, strategies and priorities.
3. Measures financed under this Regulation shall cover areas of cooperation set out notably in the instruments, agreements, declarations and action plans between the Community and the partner countries as well as areas pertaining to the Community's specific interests.
4. For measures financed under this Regulation, the Community shall aim to ensure coherence with other areas of its external action as well as other relevant Community policies. This shall be ensured by formulating policy, strategic planning and the programming and implementation of measures.
5. Measures financed under this Regulation shall complement and bring added value to the efforts undertaken by Member States and Community public bodies, including in the area of commercial relations.
Article 4
Areas of cooperation
Community financing shall support cooperation actions in accordance with Article 1 and shall be consistent with the overall purpose, scope, objectives and general principles of this Regulation. Specific attention shall be paid to actions, which may include a regional dimension, in the following areas of cooperation:
|
(1) |
the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors in the Community and partner countries; |
|
(2) |
the stimulation of bilateral trade, investment flows and economic partnerships; |
|
(3) |
the promotion of dialogues between political, economic and social actors and other non-governmental organisations in relevant sectors in the Community and partner countries; |
|
(4) |
the promotion of people-to-people links, education and training programmes and intellectual exchanges and the enhancement of mutual understanding between cultures and civilisations; |
|
(5) |
the promotion of cooperative projects in areas such as research, science and technology, energy, transport and environmental matters — including climate change, customs and financial issues and any other matter of mutual interest between the Community and the partner countries; |
|
(6) |
the enhancement of awareness about and understanding of the European Union and of its visibility in partner countries; |
|
(7) |
support for specific initiatives, including research work, studies, pilot schemes or joint projects destined to respond in an effective and flexible manner to cooperation objectives arising from developments in the Community's bilateral relationship with the partner countries or aiming to provide impetus to the further deepening and broadening of bilateral relationships with them. |
Article 5
Programming and allocation of funds
1. Actions to promote cooperation under this Regulation shall be carried out in the framework of multiannual cooperation programmes covering cooperation with all or with a selection of the partner countries. The Commission shall draw-up the multiannual cooperation programmes and specify their scope.
2. Multiannual cooperation programmes shall cover no more than the period of validity of this Regulation. They shall set out the Community's strategic interests and priorities, the general objectives and the expected results. They shall also set out the areas selected for financing by the Community and outline the indicative financial allocation of funds, overall, per priority area and per partner country or group of partner countries for the period concerned. Where appropriate, this may be given in the form of a range. Multiannual cooperation programmes shall be reviewed at mid-term, or ad hoc if necessary.
3. Multiannual cooperation programmes and any reviews thereof shall be adopted by the Commission in accordance with the procedure set out in Article 15(2).
Article 6
Implementation
1. The Commission shall adopt annual action programmes based on the multiannual cooperation programmes referred to in Article 5.
2. Annual action programmes shall specify, for all or for a selection of partner countries, the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable.
3. Annual action programmes shall be adopted by the Commission in accordance with the procedure set out in Article 15(2). This procedure needs not be used for amendments to action programmes, such as those making technical adjustments, extending the implementation period, reassigning funds between the planned operations within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided these amendments are consistent with the initial objectives set out in the action programmes.
Article 7
Eligibility
The following entities shall be eligible for funding under this Regulation for the purposes of implementing the action programmes referred to in Article 6:
|
(a) |
the following entities and bodies in the Member States and in the partner countries:
|
|
(b) |
partner countries and their regions, institutions and decentralised bodies; |
|
(c) |
international organisations, including regional organisations, in so far as they contribute to the objectives of this Regulation; |
|
(d) |
natural persons of the Member States and of partner countries or other third countries in so far as they contribute to the objectives of this Regulation; |
|
(e) |
joint bodies set up by the partner countries and regions and the Community; |
|
(f) |
Community institutions and bodies, insofar as they implement support measures specified in Article 9; |
|
(g) |
European Union agencies. |
Article 8
Types of financing
1. Cooperation projects and programmes will be financed by the general budget of the European Union either in totality or in the form of co-financing with other sources as specified in Article 10.
2. Financing for the implementation of action programmes may take in particular the following legal forms:
|
(a) |
grant agreements (including scholarships); |
|
(b) |
procurement contracts; |
|
(c) |
employment contracts; |
|
(d) |
financing agreements. |
3. Where the implementation of action programmes takes the form of financing agreements with partner countries, it shall be established that Community funding shall not be used to finance taxes, customs duties and other fiscal charges in the partner countries.
Article 9
Support measures
1. Community financing may cover expenditure associated with the preparation, follow up, monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives, and any other administrative or technical assistance expenditure that the Commission, including at its Delegations in the partner countries, may incur for the management of operations financed under this Regulation.
2. These support measures are not necessarily covered by multiannual programmes and may therefore be financed outside their scope.
3. The Commission shall adopt support measures not covered by the multiannual programmes and shall inform Member States thereof.
Article 10
Co-financing
1. Measures shall be eligible for co-financing, inter alia, with:
|
(a) |
Member States, their regional and local authorities, and in particular their public and parastatal agencies; |
|
(b) |
partner countries, and in particular their public and parastatal agencies; |
|
(c) |
international organisations and regional organisations, including international and regional financial institutions; |
|
(d) |
companies, firms, other private organisations and businesses, and other non-State actors; |
|
(e) |
partner countries in receipt of funding, and other bodies eligible for funding under Article 7. |
2. In the case of parallel co-financing, the project or programme will be split into a number of clearly identifiable operations which are each financed by the different partners providing co-financing in such a way that the end-use of the financing can always be identified.
3. In the case of joint co-financing, the total cost of a project or programme will be shared between the partners providing the co-financing and the resources are pooled in such a way that it is not possible to identify the source of financing for any given activity undertaken as part of the project or programme.
4. The Commission may receive and manage funds for co-financed projects on behalf of the bodies referred to in paragraph 1(a) (b) and (c) for the purpose of implementing joint measures. Such funds shall be treated as assigned revenue, in accordance with Article 18 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3).
Article 11
Management procedures
1. The measures financed under this Regulation shall be implemented in accordance with Regulation (EC, Euratom) No 1605/2002 and in particular Part Two, Title IV thereof.
2. The Commission may entrust tasks of public authority, and in particular budget implementation tasks, to the bodies referred to in Article 54(2)(a) and (c) of Regulation (EC, Euratom) No 1605/2002. The bodies referred to in Article 54(2)(c) of that Regulation may be entrusted with tasks of public authority if they are of recognised international standing, comply with internationally recognised systems of management and control, and are supervised by a public authority.
Article 12
Protecting the Community's financial interests
1. Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to irregularities, fraud, corruption and any other illegal activity, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (4) and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (5) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (6).
2. Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits, including document audits or on-the-spot audits of any contractor or subcontractor who has received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections in accordance with Regulation (Euratom, EC) No 2185/96.
3. All contracts resulting from the implementation of cooperation shall ensure the rights of the Commission and the Court of Auditors under paragraph 2 during and after the performance of the contracts.
Article 13
Evaluation
1. The Commission shall regularly evaluate the actions and programmes financed under this Regulation, where appropriate by means of independent external evaluations, in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations. The results shall feed back into programme design and resource allocation.
2. The Commission shall send its evaluation reports to the European Parliament and to the Committee referred to in Article 15 for information.
3. The Commission shall associate relevant stakeholders, including non-State actors, in the evaluation phase of the Community cooperation provided for under this Regulation.
Article 14
Annual report
The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of this Regulation. The report shall set out the results of implementation of the budget and present the actions and programmes financed, and as far as possible, set out the main outcomes and impacts of the cooperation actions and programmes.
Article 15
Committee
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 30 days.
3. The Committee shall adopt its rules of procedure.
Article 16
Financial provisions
The financial reference amount for the implementation of this Regulation for the period from 2007 to 2013 shall be EUR 172 million. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
Article 17
Repeal
1. Regulation (EC) No 382/2001 shall be repealed as of the latest of the following dates:
|
— |
1 January 2007, |
|
— |
the date of entry into force of this Regulation. |
2. The repealed Regulation shall continue to apply for legal acts and commitments of budget years preceding the year 2007. Any reference to the repealed Regulation shall be deemed to be a reference to this Regulation.
Article 18
Review
Not later than 31 December 2010, the Commission shall submit to the European Parliament and the Council a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications.
Article 19
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007 to 31 December 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Council
The President
J. KORKEAOJA
ANNEX
List of countries and territories covered by this Regulation
|
(1) |
Australia |
|
(2) |
Bahrain |
|
(3) |
Brunei |
|
(4) |
Canada |
|
(5) |
Chinese Taipei (7) |
|
(6) |
Hong-Kong |
|
(7) |
Japan |
|
(8) |
Republic of Korea |
|
(9) |
Kuwait |
|
(10) |
Macao |
|
(11) |
New Zealand |
|
(12) |
Oman |
|
(13) |
Qatar |
|
(14) |
Saudi Arabia |
|
(15) |
Singapore |
|
(16) |
United Arab Emirates |
|
(17) |
United States |
(1) OJ L 57, 27.2.2001, p. 10. Regulation as amended by Regulation (EC) No 1900/2005 (OJ L 303, 22.11.2005, p. 22).
(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC ( OJ L 200, 22.7.2006, p. 11).
(3) OJ L 248, 16.9.2002, p. 1.
(4) OJ L 312, 23.12.1995, p. 1.
(5) OJ L 292, 15.11.1996, p. 2.
(6) OJ L 136, 31.5.1999, p. 1.
(7) Although there are no diplomatic or political relations with Chinese Taipei, intensive contacts do take place and should be continued in the areas of economy, trade, science and technology, standards and norms and on a number of other subjects.
|
3.2.2007 |
EN |
Official Journal of the European Union |
L 29/23 |
Corrigendum to Council Joint Action 2006/998/CFSP of 21 December 2006 amending Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre
( Official Journal of the European Union L 405 of 30 December 2006 )
Joint Action 2006/998/CFSP should read as follows:
COUNCIL JOINT ACTION 2006/998/CFSP
of 21 December 2006
amending Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 14 thereof,
Whereas:
|
(1) |
On 20 July 2001, the Council adopted Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre (1). |
|
(2) |
On 28 July 2006, the Secretary-General/High Representative, pursuant to Article 22 of that Joint Action presented a report on the implementation of the Joint Action with a view to its possible review. |
|
(3) |
On 22 September 2006, the Political and Security Committee (PSC), in its role of exercising political supervision over the activities of the Centre, took note of that report and recommended that the Council amend the Joint Action as appropriate in the light of the report. |
|
(4) |
Joint Action 2001/555/CFSP should be amended accordingly, |
HAS ADOPTED THIS JOINT ACTION:
Article 1
Joint Action 2001/555/CFSP is hereby amended as follows:
|
1. |
Article 2 shall be replaced by the following: ‘Article 2 Mission 1. The Centre shall, in coherence with the European Security Strategy (*1), support the decision-making of the European Union in the field of the CFSP, in particular of the ESDP, including European Union crisis management operations, by providing, as appropriate, products resulting from the analysis of satellite imagery and collateral data, including aerial imagery, and related services, in accordance with Articles 3 and 4. 2. In the framework of this mission, the Secretary-General/High Representative, will, upon a corresponding request and if the capacity of the Centre so allows, direct the Centre to provide products or services to:
(*1) A Secure Europe in a Better World — the European Security Strategy, approved by the European Council, Brussels, 12 December 2003.’;" |
|
2. |
Article 8(2) shall be replaced by the following: ‘2. The Director shall appoint the Deputy Director of the Centre after approval by the Board. The Deputy Director shall be appointed for a period of three years, with the possible extension of one three-year term. The Director shall be responsible for recruiting all other staff of the Centre.’; |
|
3. |
Article 11 shall be replaced by the following: ‘Article 11 Work programme 1. By 30 September each year the Director shall establish a draft annual work programme for the following year accompanied by a draft long-term work programme containing indicative perspectives for two additional years, and shall submit it to the Board. 2. By 30 November of each year, the Board shall approve the annual and long-term work programme.’; |
|
4. |
Article 12(3) shall be replaced by the following: ‘3. The income of the Centre shall consist of contributions from the Member States except Denmark according to the gross national income (GNI) scale, payments made in remuneration for services rendered and miscellaneous income.’; |
|
5. |
Article 12(4) shall be replaced by the following: ‘4. Task requests made in accordance with Article 2(2) may be subject to cost recovery charges pursuant to the guidelines laid down in the Centre's Financial Rules referred to in Article 15.’; |
|
6. |
Article 13 shall be replaced by the following: ‘Article 13 Budgetary procedure 1. By 30 September each year, the Director shall submit to the Board an annual draft budget for the Centre covering administrative expenditure, operational expenditure and expected income for the following financial year as well as long-term indicative estimates on expenditure and income in view of the draft long-term work programme. 2. By 30 November of each year, the Board shall approve the annual budget of the Centre by unanimity of the representatives of Member States. 3. In the case of unavoidable, exceptional or unforeseen circumstances, the Director may propose a draft amending budget to the Board. The Board, with due regard to any urgency, shall approve the amending budget by unanimity of the representatives of the Member States.’; |
|
7. |
Article 17 shall be replaced by the following: ‘Article 17 Secondment 1. In agreement with the Director, experts from Member States and officials from European Union institutions or agencies may be seconded to the Centre for a fixed period either to posts within the Centre's organisational structure and/or for specific tasks and projects. 2. In the event of a crisis, the Centre may be reinforced by specialist staff, seconded by the Member States, the Commission or the General Secretariat of the Council. The need for, and the length of, such secondments shall be determined by the Secretary-General/High Representative in consultation with the Director of the Centre. 3. The provisions relating to secondment shall be adopted by the Board on a proposal from the Director. 4. Staff members may be seconded for a fixed period in the interest of the service to a post outside the Centre, in accordance with the provisions relating to the staff of the Centre.’; |
|
8. |
The following Article shall be inserted: ‘Article 20a Association of the Commission The Commission shall be fully associated with the work of the Centre. The Centre shall establish the necessary administrative arrangements and working relations with the Commission, with a view to maximising synergies and avoiding unnecessary duplication by exchanging expertise and advice in those areas where the activities of the Community have a bearing on the Centre's mission and where the activities of the Centre are relevant to those of the Community.’; |
|
9. |
Article 22 shall be replaced by the following: ‘Article 22 Reporting By 31 July 2011, the Secretary-General/High Representative shall present a report to the Council on the functioning of the Centre accompanied, if necessary, by appropriate recommendations with a view to its further development.’; |
|
10. |
Articles 1(3), the second sentence of Article 9(1) and Articles 12(5) and 23(1), (2), (4), (5) and (6) shall be deleted. |
Article 2
This Joint Action shall enter into force on the day of its adoption.
Article 3
This Joint Action shall be published in the Official Journal of the European Union.
Done at Brussels, 21 December 2006.
For the Council
The President
J. KORKEAOJA
(*1) A Secure Europe in a Better World — the European Security Strategy, approved by the European Council, Brussels, 12 December 2003.’;