Explanatory Memorandum to COM(2006)178-1 - Signature of an Arrangement between the EC and Iceland and Norway on the modalities of those states' participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the EU - Main contents
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| dossier | COM(2006)178-1 - Signature of an Arrangement between the EC and Iceland and Norway on the modalities of those states' participation in the ... |
|---|---|
| source | COM(2006)178  |
| date | 26-04-2006 |
According to Article 21 i of Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, countries associated with the implementation, application and development of the Schengen acquis shall participate in the Agency. Certain modalities of their participation shall be regulated in separate agreements (so called “arrangements”).
Following the authorization given to the Commission on 7 October 2004, negotiations on an Arrangement were held with the Republic of Iceland and the Kingdom of Norway. The negotiations were finalised on 18 May 2005 and the draft Arrangement initialled.
The Arrangement deals with the following issues: the exceptional limited voting rights of representatives of the Republic of Iceland and the Kingdom of Norway in the Management Board of the Agency, the financial contribution of the Republic of Iceland and the Kingdom of Norway to the budget of the Agency, the protection and confidentiality of data, the legal status of the Agency in the Republic of Iceland and the Kingdom of Norway, the liability of the Agency, recognition by the Republic of Iceland and the Kingdom of Norway of the jurisdiction of Court of Justice of the European Communities over the Agency, privileges and immunities of the Agency and its staff, and access for Icelandic and Norwegian nationals to be engaged under contract by the Executive Director of the Agency.
A joint declaration is enclosed in the Arrangement, emphasising that the granting of limited voting rights to the Republic of Iceland and the Kingdom of Norway, despite the fact that the Agency is a Community body, in no way may be regarded as a legal or political precedent. This declaration will be published in the Official Journal together with the Arrangement.
The legal basis of the Arrangement is Article 62 i (a) and Article 66 in conjunction with Article 300 of the Treaty establishing the European Community.
Proposal for a
COUNCIL DECISION
on the signature, on behalf of the European Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of those states' participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62 i (a) and Article 66 in conjunction with the first sentence of the first subparagraph of Article 300 i thereof,
Having regard to the proposal from the Commission i,
Whereas:
According to Article 21 i of Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, countries associated with the implementation, application and development of the Schengen acquis shall participate in the Agency. Certain modalities of their participation shall be regulated in separate agreements (so called “arrangements”).
Following the authorization given to the Commission on 7 October 2004, negotiations with the Republic of Iceland and the Kingdom of Norway for an Arrangement on the modalities of those states' participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union have been concluded.
A draft of the Arrangement has been submitted by the Commission to the Council.
Subject to its conclusion at a later date, it is desirable to sign the Arrangement that was initialled on 18 May 2005,
HAS DECIDED AS FOLLOWS:
Sole Article
Subject to its conclusion at a later date, the President of the Council is hereby authorized to designate the person empowered to sign on the behalf of the European Community, the Arrangement on the modalities of the participation of Iceland and Norway in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
The text of the Arrangement is attached to this Decision.
Done at Brussels,
For the Council
The President