ISSN 1725-2555

Official Journal

of the European Union

L 203

European flag  

English edition

Legislation

Volume 49
26 July 2006


Contents

 

I   Acts whose publication is obligatory

page

 

 

Commission Regulation (EC) No 1132/2006 of 25 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

 

 

Commission Regulation (EC) No 1133/2006 of 25 July 2006 determining to what extent import right applications submitted during the month of June 2006 for certain live bovine animals as part of a tariff quota provided for in Regulation (EC) No 1217/2005 may be accepted

3

 

*

Commission Regulation (EC) No 1134/2006 of 25 July 2006 amending and correcting Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003

4

 

 

Commission Regulation (EC) No 1135/2006 of 25 July 2006 amending the import duties in the cereals sector applicable from 26 July 2006

7

 

 

II   Acts whose publication is not obligatory

 

 

Council

 

*

Council Decision of 24 July 2006 amending Article 35 of Appendix 6 to the Staff Regulations applicable to Europol employees

10

 

 

Corrigenda

 

*

Corrigendum to Council Decision 2006/477/CFSP of 30 June 2006 concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) and to the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) (This text annuls and replaces that published in Official Journal L 188 of 11 July 2006, pp. 9-13 )

11

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.


I Acts whose publication is obligatory

26.7.2006   

EN

Official Journal of the European Union

L 203/1


COMMISSION REGULATION (EC) No 1132/2006

of 25 July 2006

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

(1)

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 26 July 2006.

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

Done at Brussels, 25 July 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


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


ANNEX

to Commission Regulation of 25 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

71,2

096

41,9

999

56,6

0707 00 05

052

111,0

388

52,4

524

46,9

999

70,1

0709 90 70

052

76,3

999

76,3

0805 50 10

388

69,6

524

49,3

528

53,8

999

57,6

0806 10 10

052

145,0

204

143,0

220

126,6

388

8,7

508

94,8

512

44,0

624

158,2

999

102,9

0808 10 80

388

96,8

400

100,6

404

125,7

508

87,1

512

92,7

524

48,3

528

74,2

720

78,9

800

152,2

804

106,3

999

96,3

0808 20 50

388

100,2

512

93,9

528

92,1

720

33,3

804

97,1

999

83,3

0809 10 00

052

124,7

999

124,7

0809 20 95

052

277,2

400

401,5

999

339,4

0809 30 10 , 0809 30 90

052

161,5

999

161,5

0809 40 05

093

64,8

098

98,6

624

131,8

999

98,4


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


26.7.2006   

EN

Official Journal of the European Union

L 203/3


COMMISSION REGULATION (EC) No 1133/2006

of 25 July 2006

determining to what extent import right applications submitted during the month of June 2006 for certain live bovine animals as part of a tariff quota provided for in Regulation (EC) No 1217/2005 may be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Commission Regulation (EC) No 1217/2005 of 28 July 2005 laying down detailed rules for the application of a tariff quota for certain live bovine animals originating in Bulgaria, provided for in Council Decision 2003/286/EC (2), and in particular Article 4 thereof,

Whereas:

(1)

Article 1 of Regulation (EC) No 1217/2005 fixes at 7 200 the number of head of live bovine animals originating in Bulgaria which may be imported under special conditions in the period of 1 July 2006 to 30 June 2007.

(2)

Article 4(2) of Regulation (EC) No 1217/2005 lays down that the quantities applied for may be reduced. The applications lodged relate to total quantities which exceed the quantities available. Under these circumstances and taking care to ensure an equitable distribution of the available quantities, it is appropriate to reduce proportionally the quantities applied for,

HAS ADOPTED THIS REGULATION:

Article 1

All applications for import rights lodged pursuant to Article 3(3) of Regulation (EC) No 1217/2005 shall be accepted at a rate of 23,5448 % of the import rates applied for.

Article 2

This Regulation shall enter into force on 26 July 2006.

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

Done at Brussels, 25 July 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)   OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2)   OJ L 199, 29.7.2005, p. 33.


26.7.2006   

EN

Official Journal of the European Union

L 203/4


COMMISSION REGULATION (EC) No 1134/2006

of 25 July 2006

amending and correcting Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular Article 145(d) and Article 155 thereof,

Whereas:

(1)

Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (2) introduces the implementing rules for the single payment scheme as from 2005.

(2)

Annex I to Regulation (EC) No 795/2004 fixes the date from which the growing of secondary crops may be temporarily allowed in regions where cereals are usually harvested sooner for climatic reasons as referred to in Article 51(b) of Regulation (EC) No 1782/2003. At the request of Spain and France, that date should be fixed for those Member States.

(3)

An error was made when new paragraphs were added to Article 48a of Regulation (EC) No 795/2004. Commission Regulation (EC) No 1701/2005 (3) and Commission Regulation (EC) No 2183/2005 (4) both added a paragraph 10. In the interests of clarity, those paragraphs whose numbering was affected should be replaced by correctly numbered paragraphs, since they could lead to confusion.

(4)

An error was also made in the wording of the paragraph 10 added by Regulation (EC) No 2183/2005, which authorises Malta and Slovenia to grant aid for olive groves in 2006. The maximum amounts provided for in that paragraph are not correct, since these should be the amounts that should have been calculated for the single payment. They should therefore correspond to the olive oil component for those Member States for 2006 given in Annex VIIIa to Regulation (EC) No 1782/2003. The above provision should therefore be amended.

(5)

Regulation (EC) No 795/2004 should therefore be amended and corrected accordingly.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I of Regulation (EC) No 795/2004 is replaced by the text in the Annex to this Regulation.

Article 2

Paragraph 10 as added by Regulation (EC) No 2183/2005 and paragraph 11 of Article 48a of Regulation (EC) No 795/2004 are replaced by the following:

‘11.   Malta and Slovenia may grant aid for olive groves per olive GIS-ha in 2006 of a minimum of EUR 47 000 and a maximum of EUR 120 000 for a maximum of five categories of olive grove areas as defined in Article 110i(2) of Regulation (EC) No 1782/2003.

12.   For Slovenia, Articles 12 and 13 of Council Regulation (EEC) No 1696/71 (*1) and Council Regulation (EC) No 1098/98 shall continue to apply, respectively, in respect of the 2006 harvest and until 31 December 2006 (*2).

Article 3

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

Article 2 shall apply from 1 January 2006.

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

Done at Brussels, 25 July 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(1)   OJ L 270, 21.10.2003, p. 1. Regulation last amended by Regulation (EC) No 319/2006 (OJ L 58, 28.2.2006, p. 32).

(2)   OJ L 141, 30.4.2004, p. 1. Regulation last amended by Regulation (EC) No 658/2006 (OJ L 116, 29.4.2006, p. 14).

(3)   OJ L 273, 19.10.2005, p. 6.

(4)   OJ L 347, 30.12.2005, p. 56.


ANNEX

‘ANNEX I

Member State

Date

Belgium

15 July

Denmark

15 July

Germany

15 July

South Greece (Peloponese, Ionian Island, Western Greece, Attica, South Aegean and Crete)

20 June

Central and North Greece (Eastern Macedonia and Thrace, Central Macedonia, Western Macedonia, Epirus, Thessaly, Mainland (Sterea) Greece and North Aegean)

10 July

Spain

1 July

France: Aquitaine and Midi-Pyrénées

1 July

France: Alsace, Auvergne, Burgundy, Brittany, Centre, Champagne-Ardenne, Corsica, Franche-Comté, Île-de-France, Languedoc-Roussillon, Limousin, Lorraine, Nord-Pas-de-Calais, Lower Normandy, Upper Normandy, Loire Region, Picardy, Poitou-Charentes, Provence-Alpes-Côte-d’Azur and Rhône-Alpes

15 July

Italy

11 June

Austria

30 June

Portugal

1 March’


26.7.2006   

EN

Official Journal of the European Union

L 203/7


COMMISSION REGULATION (EC) No 1135/2006

of 25 July 2006

amending the import duties in the cereals sector applicable from 26 July 2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

(1)

The import duties in the cereals sector are fixed by Commission Regulation (EC) No 1098/2006 (3).

(2)

Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) No 1098/2006,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 1098/2006 are hereby replaced by Annexes I and II to this Regulation.

Article 2

This Regulation shall enter into force on 26 July 2006.

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

Done at Brussels, 25 July 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)   OJ L 270, 29.9.2003, p. 78. Regulation as amended by Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)   OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12).

(3)   OJ L 195, 15.7.2006, p. 19.


ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 26 July 2006

CN code

Description

Import duty (1)

(EUR/tonne)

1001 10 00

Durum wheat high quality

0,00

medium quality

0,00

low quality

7,87

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

Common high quality wheat other than for sowing

0,00

1002 00 00

Rye

41,00

1005 10 90

Maize seed other than hybrid

51,11

1005 90 00

Maize other than seed (2)

51,11

1007 00 90

Grain sorghum other than hybrids for sowing

45,99


(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of:

EUR 3/t, where the port of unloading is on the Mediterranean Sea, or

EUR 2/t, where the port of unloading is in Ireland, the United Kingdom, Denmark, Estonia, Latvia, Lithuania, Poland, Finland, Sweden or the Atlantic coasts of the Iberian peninsula.

(2)  The importer may benefit from a flat-rate reduction of EUR 24/t, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.


ANNEX II

Factors for calculating duties

(14.7.2006-24.7.2006)

1.   

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

Exchange quotations

Minneapolis

Chicago

Minneapolis

Minneapolis

Minneapolis

Minneapolis

Product (% proteins at 12 % humidity)

HRS2

YC3

HAD2

Medium quality (*1)

Low quality (*2)

US barley 2

Quotation (EUR/t)

162,17  (*3)

78,05

152,52

142,52

122,52

90,14

Gulf premium (EUR/t)

12,87

 

 

Great Lakes premium (EUR/t)

20,57

 

 

2.   

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

Freight/cost: Gulf of Mexico–Rotterdam: 20,49 EUR/t; Great Lakes–Rotterdam: 26,64 EUR/t.

3.   

Subsidy within the meaning of the third paragraph of Article 4(2) of Regulation (EC) No 1249/96:

0,00  EUR/t (HRW2)

0,00  EUR/t (SRW2).


(*1)  A discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*2)  A discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*3)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).


II Acts whose publication is not obligatory

Council

26.7.2006   

EN

Official Journal of the European Union

L 203/10


COUNCIL DECISION

of 24 July 2006

amending Article 35 of Appendix 6 to the Staff Regulations applicable to Europol employees

(2006/519/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Staff Regulations applicable to Europol employees, as laid down in Council Act of 3 December 1998 (1), and in particular Appendix 6 on the pension scheme,

Whereas the reassessment referred to in Article 35(2) of said Appendix 6 has proven not to be necessary and the procedure for calculating actuarial values provided for in Article 35(1) of said Appendix 6 should be continued,

HAS DECIDED AS FOLLOWS:

Article 1

Article 35(2) and (3) of Appendix 6 to the Staff Regulations applicable to Europol employees shall be repealed with effect from 1 January 2004.

Article 2

This Decision shall enter into force on the day of its adoption and shall be published in the Official Journal of the European Union.

Done at Brussels, 24 July 2006.

For the Council

The President

K. RAJAMÄKI


(1)   OJ C 26, 30.1.1999, p. 23. Act as last amended by Act of the Management Board of Europol of 29 September 2005 (OJ C 68, 21.3.2006, p. 1).


Corrigenda

26.7.2006   

EN

Official Journal of the European Union

L 203/11


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

and to the

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

(This text annuls and replaces that published in Official Journal L 188 of 11 July 2006, pp. 9-13 )

 

COUNCIL DECISION 2006/477/CFSP

of 30 June 2006

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

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the recommendation from the Presidency,

Whereas:

(1)

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

(2)

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

(3)

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

(4)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

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

The text of the Agreement is attached to this Decision.

Article 2

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

Article 3

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

Article 4

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

Done at Brussels, 30 June 2006.

For the Council

The President

U. PLASSNIK

AGREEMENT

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

THE EUROPEAN UNION (EU),

of the one part, and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

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

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

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

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

the Operation Plan,

implementing measures.

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

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

Article 2

Status of forces

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

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

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

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

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

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

Article 3

Classified information

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

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

Article 4

Chain of command

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

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

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

4.   The EU Operation Commander may, following consultations with the former Yugoslav Republic of Macedonia, at any time request the withdrawal of the former Yugoslav Republic of Macedonia's contribution.

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

Article 5

Financial aspects

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

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

Article 6

Arrangements to implement the Agreement

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

Article 7

Non compliance

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

Article 8

Dispute settlement

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

Article 9

Entry into force

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

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

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

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

For the European Union

For the former Yugoslav Republic of Macedonia

EXCHANGE OF LETTERS

Image 1

Brussels, 3 July 2006

Mr. Jovan Manasijevski,

Minister of Defence

of the former Yugoslav Republic of Macedonia.

Dear Sir,

I have the honour to inform you that the Council of the European Union has authorised the signature and the approval of an Agreement between the European Union and the former Yugoslav Republic of Macedonia on the Participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina. Therefore, if it is acceptable to your Government, this letter and your confirmation shall together take the place of signature of the aforementioned Agreement, annexed herewith.

Attached you will find the declaration made by the EU Member States in relation to the waiver of claims. I should kindly remind you that the former Yugoslav Republic of Macedonia is requested to make a parallel declaration based on the text set out in the Annex to the Agreement.

This letter also constitutes the notification, on behalf of the European Union, in accordance with Article 9 (1) of the Agreement.

Please accept, Sir, the assurance of my highest consideration.

For the European Union

J. SOLANA

Secretary-General/High Representative

Image 2

Brussels, 3 July 2006

Mr. Jovan Manasijevski,

Minister of Defence

of the former Yugoslav Republic of Macedonia.

Dear Sir,

I have the honour to acknowledge receipt of your letter of today's date.

The European Union notes that the exchange of letters between the European Union and the Former Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the Participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina, as well as the exchange of declarations, have been accomplished and that this cannot be interpreted as acceptance or recognition by the European Union in whatever form or content of a denomination other than the "former Yugoslav Republic of Macedonia".

Please accept, Sir, the assurance of my highest consideration.

For the European Union

J. SOLANA

Secretary-General/High Representative

TRANSLATION

Image 3

Brussels, 3 July 2006

Mr. J. SOLANA,

Secretary-General/High Representative

Council of the European Union

BRUSSELS

Dear Sir,

On behalf of the Government of the Republic of Macedonia I have the honour to acknowledge receipt of your letter of today's date regarding the signature of the Agreement between the Republic of Macedonia and the European Union on the Participation of the Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina, together with the annexed Agreement.

I confirm the acceptance of my Government that your letter and this letter together take place of signature of the aforementioned Agreement.

However, I declare that the Republic of Macedonia does not accept the denomination used for my country in abovementioned Agreement, having in view that the constitutional name of my country is the Republic of Macedonia.

In relation to the waiver of claims, I also acknowledge receipt of the Declaration by the EU Member States. In return, I attach herewith the parallel Declaration by the Republic of Macedonia.

Please accept, Sir, the assurance of my highest consideration.

Minister of Defense,

Jovan MANASIJEVSKI

DECLARATIONS

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

Declaration by the EU Member States:

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

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

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

Declaration by the former Yugoslav Republic of Macedonia:

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

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

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


(1)   OJ L 252, 28.7.2004, p. 10.

(2)   OJ L 252, 28.7.2004, p. 10.

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

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

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