27.1.2007 EN Official Journal of the European Union L 20/16 COUNCIL DECISION of 22 January 2007 on the principles, priorities and conditions contained in the European Partnership with Montenegro (2007/49/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the stabilisation and association process (1), and in particular Article 2 thereof, Having regard to the proposal from the Commission, Whereas: (1) The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the European Partnerships as a means to support the European perspective of the western Balkan countries. (2) Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the European Partnerships, as well as any subsequent adjustments. (3) Regulation (EC) No 533/2004 states that the follow-up to the European Partnerships is ensured through the mechanisms established under the stabilisation and association process, notably by the annual progress reports. (4) The Council adopted on 14 June 2004 a first European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 (2). The Council decided on 30 January 2006 to update that European Partnership (3). (5) Montenegro proclaimed its independence on 3 June 2006 following a referendum which was held on 21 May 2006. (6) At the General Affairs and External Relations Council of 12 June 2006, the European Union and its Member States decided that they will develop their further relations with the Republic of Montenegro as a sovereign, independent State. (7) Therefore, it is appropriate to establish a new European Partnership with Montenegro on the basis of the part referring to Montenegro of the European Partnership with Serbia and Montenegro adopted on January 2006, updated in view of the findings of the 2006 progress report, and supplemented with priorities addressing the challenges that Montenegro faces as an independent state. (8) In order to prepare for further integration with the European Union, the competent authorities of Montenegro should develop a plan with a timetable and specific measures to address the priorities of this European Partnership, HAS DECIDED AS FOLLOWS: Article 1 In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with Montenegro are set out in the Annex hereto, which forms an integral part of this Decision, and which shall replace, for Montenegro, the Annex to Decision 2006/56/EC. Article 2 The implementation of the European Partnership with Montenegro shall be examined through the mechanisms established under the stabilisation and association process, notably the annual progress reports presented by the Commission. Article 3 This Decision shall take effect on the third day following its publication in the Official Journal of the European Union. Done at Brussels, 22 January 2007. For the Council The President F.-W. STEINMEIER (1) OJ L 86, 24.3.2004, p. 1. Regulation as amended by Regulation (EC) No 269/2006 (OJ L 47, 17.2.2006, p. 7). (2) Council Decision 2004/520/EC of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 (OJ L 227, 26.6.2004, p. 21). (3) Council Decision 2006/56/EC of 30 January 2006 on the principles, priorities and conditions contained in the European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 and repealing Decision 2004/520/EC (OJ L 35, 7.2.2006, p. 32). ANNEX MONTENEGRO: 2006 EUROPEAN PARTNERSHIP 1. INTRODUCTION The European Council endorsed the introduction of European Partnerships as a means to support the European perspective of the western Balkan countries. On 30 January 2006 the Council of the European Union adopted a European Partnership for Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999. Montenegro proclaimed its independence on 3 June 2006 following a referendum held on 21 May. That was followed by recognition by the EU and its Member States. Therefore, it is appropriate to adopt an updated European Partnership only for Montenegro. This updated Partnership is based on the parts related to Montenegro of the previous European Partnership for Serbia and Montenegro (including Kosovo). It adds elements reflecting the new competences of Montenegro and the challenges it faces as an independent state. The competent authorities in Montenegro should develop a plan including a timetable and specific measures to address the European Partnership priorities. 2. PRINCIPLES The Stabilisation and Association Process remains the framework for the European course of the western Balkan countries, all the way to their future accession. The main priorities identified relate to the capacity of Montenegro to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set for the Stabilisation and Association Process, notably the conditions defined by the Council in its Conclusions of 29 April 1997 and 21 and 22 June 1999, the content of the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda. 3. PRIORITIES The priorities listed in this European Partnership have been selected on the basis that it is realistic to expect that Montenegro can complete them or make substantial progress on them over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and its implementation. Taking into account the substantial costs involved with meeting all the EU requirements as well as the complexity of these requirements in certain areas, this Partnership does not include all important tasks at this stage. Future partnerships will include further priorities in line with progress made by Montenegro. Among the short-term priorities, the key ones have been identified and grouped together at the beginning of the list. The order of these key priorities does not imply ranking as to their importance. 3.1. SHORT-TERM PRIORITIES Key priorities — Adopt a new constitution, based on broad consensus, in line with European standards, in particular in the areas of human and minority rights, organisation of the judiciary, audit, defence and security structures. — Complete the establishment of the legal and institutional set-up required for an independent country including the signature and ratification of the international instruments to which the State Union of Serbia and Montenegro had adhered. — Continue efforts to implement the reform of the public administration, including the civil service pay system, to ensure transparent recruitment, professionalism and accountability; continue, in particular, to strengthen the European integration structures at all levels (including in the relevant ministries and in the parliament) and the mechanisms of coordination on EU matters. — Finalise plans to reform the judicial system; remove recruitment and career management from the parliament's powers and establish transparent procedures based on professional and objective criteria for selection and career advancement; rationalise the court system and modernise proceedings and improve administration; provide adequate and sustainable financing for the judicial system. — Enhance the fight against organised crime and corruption at all levels, including by setting up efficient institutional mechanisms for inter-agency cooperation and enhancing the operational capacity of law enforcement bodies. — Strengthen parliamentary control over defence and security structures. — Continue ensuring full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). — Strengthen the capacity to adopt and implement measures deriving from commitments negotiated under the Stabilisation and Association Agreement, in particular upgrade the capacity of customs to correctly apply the rules of origin and the methods of administrative cooperation. Political criteria Democracy and the rule of law Elections — In line with the recommendations of the Office for Democratic Institutions and Human Rights, depoliticise the election administration, improve its functioning, in particular regarding announcement of results, codify election legislation, establish rules for media coverage of campaigns and introduce rules guaranteeing transparency for the allocation of seats in line with European standards; set up a transparent framework for campaign financing. Parliament — Strengthen the overall legislative and control capacity of the parliament in particular through the implementation of the newly adopted rules of procedure. — Strengthen the capacity of the parliament in new areas of competence. — Strengthen the functioning of the Committee on European Integration and provide appropriate administrative and expert support. Public administration — Continue the depoliticisation process of the public administration. — Strengthen the administrative capacity of the ombudsman's office; ensure proper follow-up of the ombudsman's recommendations. — Continue to implement the decentralisation process and upgrade the capacities of municipalities. Judicial system — Ensure implementation of the legislation on mandatory initial and continuous training for judges, prosecutors and court support staff, and continue to strengthen the judicial training centre. — Finalise plans to reform the judicial system; remove control of recruitment and career management from the parliament and establish transparent procedures based on professional and objective criteria for selection and career advancement; rationalise the court system and modernise proceedings and improve administration; provide adequate and sustainable financing for the judicial system. — Provide guarantees to strengthen the autonomy and efficiency of the prosecution system, including in relation to budget issues. Strengthen the office of the prosecutor for organised crime and upgrade the capacity in the area of anti-corruption policy. — Upgrade the capacity of the Ministry of Justice for international judicial cooperation. Anti-corruption policy — Amend the law on conflict of interest and implement it in order to eliminate all possible cases of conflict of interests of officials. — Upgrade efforts to implement the anti-corruption strategy, notably through providing adequate financial and human resources to law enforcement bodies to ensure its implementation. — Develop and fully implement the laws on political parties and the financing of political parties ensuring transparency and clarity. Human rights and the protection of minorities — Ensure effective mechanisms for implementation of the obligations deriving from international instruments, notably with regard to the European Convention on Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture. — Take comprehensive and transparent action in all alleged cases of ill-treatment. Strengthen the internal control services dealing with ill-treatment by law enforcement agents. — Improve prison conditions, in particular as regards vulnerable groups such as juvenile offenders and those in need of psychiatric care; ensure appropriate monitoring of prison conditions for long-term inmates and for organised crime inmates, ensure further training of penitentiary staff and improvement of special needs facilities. — Adopt comprehensive anti-discrimination legislation. — Ensure implementation of the law on access to public information. Continue the transformation of Radio and Television of Montenegro into a public service broadcaster and provide appropriate means for it. — Implement the memorandum on cooperation between NGOs and governmental bodies. — Continue implementing the legislation on the restitution of property. — Provide an adequate framework, including at constitutional level, for the protection of the rights of minorities. Implement the strategy and action plan relevant to the integration of Roma people, including refugees. Regional issues and international obligations — Continue strengthening regional cooperation and good neighbourly relations, with the perspective of, inter alia, promoting reconciliation. Implement free trade agreements with neighbouring countries, notably in the context of the new Central European Free Trade Agreement (CEFTA). Upgrade cross-border cooperation in the areas of the fight against organised crime, trafficking and smuggling, judicial cooperation, border management, environment, transport and energy. — Ensure protection of the rights of refugees and internally displaced persons. Repeal all discriminatory provisions in the fields of labour, access to property rights, legal redress and access to citizenship; guarantee unhindered access to health services and personal documents. Ensure the right of a real choice between sustainable return and integration and provide conditions for integration for those who choose the latter. — Align national legislation and practice with the relevant international standards and agreements through the signing and ratification of the relevant international instruments at the level of the Council of Europe and the United Nations on fighting organised crime and financial crime, including corruption. Economic criteria — Sustain macroeconomic stability by pursuing the necessary fiscal adjustment and consolidation. — Develop the institutional and analytical capacity necessary to draft and implement the ‘Economic and Fiscal Programme’ proposed by the Commission of the European Communities. — Implement the public expenditure management system, notably programme budgeting, medium-term budgeting and the introduction of elements of accrual accounting. — Fully integrate capital budget into general government accounts, including local government capital expenditures. — Continue the restructuring and privatisation process of publicly owned enterprises. — Adopt and implement the law on insurance supervision. — Continue efforts to promote adaptability and skills of the labour force, with full engagement of employers and trade unions in that process. — Continue to make the necessary adjustments to the Montenegrin trade regimes, to render them compatible with the autonomous trade measures and the future Stabilisation and Association Agreement (SAA). European Standards Internal market Free movement of goods — Complete the establishment of the legal and institutional set-up on standardisation, market surveillance, certification, metrology, accreditation and conformity assessment in line with the European Community acquis communautaire to create conditions favourable to trade. Start adopting European standards. — Establish internal consultation and notification mechanisms for new technical regulations prior to their adoption on measures having an impact on trade. — Establish a legal framework and administrative capacity for active consumer and health protection in line with EU consumer and health policy. — Continue the necessary reforms to comply with WTO rules and obligations in order to accelerate the WTO accession process. Customs and taxation — Further align customs legislation and procedures with the acquis. Continue to modernise the customs administrations in order to ensure a high level of administrative capacity and to fight against corruption, cross-border crime and fiscal evasion. — Amend and implement legislation in the area of rules of origin in order to introduce a legal basis for the application of the EC rules of origin for the purposes of the autonomous trade measures, for this purpose ensure the provision of information and training to operators and customs officers. — Further align tax legislation with the acquis. Improve implementation of tax laws, focusing on revenue collection and control in order to reduce tax fraud. — Apply the principles of the code of conduct for business taxation and ensure that new tax measures are in conformity with those principles. Competition — Establish and provide adequate means for the operation of a competition authority with full functional independence. — Strengthen the state aid framework and increase transparency, as a first step towards state aid control in line with the requirements of the Stabilisation and Association Agreement. Public procurement — Implement an effective public procurement regime in line with EU principles, including in relation to remedies. Ensure full transparency of procedures, regardless of the value of the contract concerned, and non-discrimination between Montenegrin and EU suppliers. — Ensure the establishment and functioning of the public procurement agency and review body and upgrade their administrative capacity; provide appropriate training of staff in contracting entities responsible for implementing procurement rules. Intellectual property law — Significantly strengthen the level of protection of intellectual property rights, in particular by adopting a comprehensive legal framework on intellectual property rights, including effective enforcement provisions, and by establishing an intellectual property rights office. — Strengthen implementation and enforcement capacity in this field, including in border services, law enforcement agencies and the judiciary. — Formally confirm participation in the main international agreements in the field of intellectual property law. Financial services — Strengthen the regulatory and supervisory framework for financial institutions and markets, consistent with current EU practices, in particular concerning the banking sector. — Reinforce cooperation with the home supervisors of foreign banks with significant subsidiaries in Montenegro, including by concluding cooperation agreements. Company law — Strengthen enforcement of financial reporting requirements, in particular for financial institutions and listed companies. Employment and social policies — Upgrade the capacity of the Ministry of Labour and Social Welfare on policy formulation and monitoring, with emphasis on labour market integration of young people, women and vulnerable groups; upgrade performance management of active employment measures implemented by the Montenegrin employment service. — Enhance the work of labour inspectorates to ensure health and safety at work. — Step up efforts to promote quality in the education system and life-long learning. — Continue improving the quality, efficiency and relevance of the higher education system and support its integration into the European Higher Education Area. Sectoral policies Industry and SMEs — Continue implementing the European Charter for Small Enterprises. — Strengthen the investment promotion agency. Improve business advocacy and consultation. — Adopt a law on harmonisation and acceleration of licensing and systems for issuing permits; implement legislation in close cooperation with local government authorities; and, adopt and implement an action plan on the reduction of business barriers. — Accelerate the setting up and implementation of a national guarantee fund for SMEs. Agriculture and fisheries — Continue strengthening administrative capacity for agricultural and rural development policy formulation and implementation. — Adopt the food safety law, a law on animal welfare and a new veterinary law and strengthen the veterinary and phytosanitary services, including control and laboratory capacities. — Continue efforts to align legislation with the EU veterinary and phytosanitary acquis including the setting up of an integrated food safety system aiming at avoiding overlapping, and increasing food safety. Prepare a system of animal identification and registration for bovines in line with EU requirements. — Finalise the fisheries strategy and upgrade the capacity of Montenegro to conduct a fisheries policy in line with EU standards, including those concerning international cooperation. — Ensure protection of the geographical indications and designations of origin registered in the Community pursuant to Council Regulation (EC) No 510/2006 (1). Environment — Continue approximating Montenegrin legislation to EU legislation and standards, notably environmental protection framework legislation. Develop the administrative capacity to implement and enforce adopted legislation. — Develop an overall environment protection strategy (water, waste, air). Adopt the land use plan; adopt the sustainable development strategy and sectoral strategies (integrated coastal zone management, biodiversity, climate change). Strengthen environmental management administrative capacity. Transport policy — Continue to align aviation legislation, including air traffic control, with the acquis, in line with the commitments undertaken by signing the European Common Aviation Area Agreement. — Strengthen the civil aviation authority, and appoint an operationally independent aviation accident investigation body, a national supervisory body for the air navigation service provider, and a body responsible for the enforcement of air passenger rights. — Continue implementing the Memorandum of Understanding on the Development of the South East Europe Core Regional Transport Network, including cooperation in the South East Europe Transport Observatory. — Implement the road transport law (including establishment of the relevant implementation structures). Ensure sufficient resources for the maintenance of transport infrastructures and institutions. Energy — Ratify and continue implementing the commitments undertaken in the framework of the signed Energy Community Treaty. — Complete and implement the energy development strategy, and the energy efficiency strategy; strengthen the administrative capacity of the Ministry of Economy in the field of energy. — Put in place a regulatory body and adopt appropriate legislation in the field of nuclear safety and radiation protection. — Ensure law enforcement and transparency in the energy market. Information society and media — Strengthen the agency for telecommunications to foster competition in the market by applying the relevant legislation, in particular in relation to the introduction of the necessary competitive safeguards in the market. — Improve the administrative capacity of the Ministry of Economy in the area of electronic communications. Take further steps in tariff balancing, further address the terms and conditions of interconnection tariffs, and address the issue of licence fees. — Guarantee the operational independence of the broadcasting authority. — Ensure a smooth transformation of Montenegrin radio and television into a public service provider, and ensure means for its efficient functioning. Financial control — Upgrade the public internal financial control strategy with references to short- and medium-term objectives and with corresponding IT system support; enhance internal audit capacity. — Further strengthen the State audit office and provide for the appropriate constitutional guarantees. Statistics — Collect and transmit statistical information in compliance with statistical requirements related to the economic, trade, monetary and financial areas, consistent with current EU practices. — Revise and adopt the master plan on statistics with a view to enhancing the quality and broadening the scope of statistics. Reinforce the collection and processing of agriculture statistics in line with EU standards and methodology; implement HS nomenclature 2007. Justice, freedom and security Visa, border control, asylum and migration — Develop institutional capacity in relation to visa policy and align visa policies with those of the EU. — Strengthen integrated border management and ensure consistent implementation by all responsible bodies, including civilian control. — Adopt the asylum law and carry out the construction of the planned reception centres for asylum seekers and refugees. Money laundering — Ensure efficient implementation and coordination of the anti-money-laundering legislation and strengthen the financial intelligence unit. Drugs — Further develop the international cooperation capacity of the centre for fighting drugs and smuggling and improve operational analysis capabilities, including the establishment of relevant databases. — Develop a national strategy for combating drug abuse and trafficking, in line with the EU Drugs Strategy 2005 to 2012 and the EU Action Plan on Drugs 2005 to 2008, and develop a public awareness campaign on drugs. — Establish standards relating to preventing the diversion of chemical precursors and other essential substances towards the production of illicit drugs. — Develop the capacity of relevant law enforcement authorities to combat drug abuse and trafficking. Police — Further strengthen the professional capacity of the police, by specialised training, development of intelligence and risk analysis tools. — Ensure the proper functioning of the police academy. Fight against organised crime and terrorism — Establish efficient institutional mechanisms for inter-agency cooperation in the area of the fight against organised crime and upgrade the capacity of the police department in the fight against organised crime. — Upgrade capacity to use special investigative means in line with appropriate guarantees and strengthen criminal intelligence. — Adopt the legislation and develop the capacity to seize assets and proceeds of crime. — Increase the efficiency of international cooperation and implementation of the relevant international conventions on terrorism and preventing and fighting organised crime; improve cooperation and the exchange of information between all branches of the security services and with other states; prevent the financing and preparation of acts of terrorism. Trafficking in human beings — Continue strengthening the fight against the trafficking of human beings, including the provision of adequate assistance and protection to the victims. Protection of personal data — Adopt legislation on the protection of personal data and set up an independent data protection supervisory authority. — Take the necessary steps to prepare for the conclusion of a cooperation agreement with Europol. 3.2. MEDIUM-TERM PRIORITIES Political criteria Democracy and the rule of law Constitutional issues — Fully implement the new constitution adopted in line with European standards. Elections — Continue providing for high standards regarding the organisation of elections; enforce a transparent framework for campaign financing. Parliament — Continue strengthening the capacity of the parliament in all areas, in particular in relation to the adoption of the EU acquis. Public administration — Further strengthen European integration units in the relevant ministries and coordination mechanisms on EU matters including on SAA and IPA. — Develop principles, procedures and relevant administrative capacity in view of establishing a decentralised implementation system for management of EU assistance in line with EU requirements. — Further strengthen the authority for human resources management. Strengthen policy-making process. Continue implementing decentralisation reform. — Further strengthen transparent recruitment, professionalism and accountability, including through codes of ethics and guidelines. — Continue the process of restructuring and reform of the armed forces, including, as appropriate, reducing their numbers. Judicial system — Ensure adequate functioning of the judicial training centre. Implement the IT strategy for the judiciary. — Complete the strategic framework for judicial reform; implement the reform plans; implement transparent recruitment and career management procedures; continue upgrading the resources of the judicial system. — Continue upgrading the efficiency of the prosecution system. — Continue upgrading the capacity of the Ministry of Justice for international judicial cooperation. Anti-corruption policy — Continue with determination the prevention of and fight against corruption at all levels, and provide increased means for prevention and suppression of corruption. Ensure full compliance with the UN Convention on the fight against corruption and with the relevant Council of Europe conventions. — Establish effective procedures for the detection, treatment and follow-up of cases of suspected fraud and other irregularities affecting national and international funds, including EU funds. Human rights and the protection of minorities — Implement the anti-discrimination legislation and legislation on minority rights. — Continue improving prison conditions. — Prevent and address ill-treatment by enforcement agencies. — Ensure the inclusion of disabled or minority children in mainstream education; reform the childcare system. — Continue to promote integration of minorities and good inter-ethnic relations. — Continue cooperation with NGOs at government and municipal level. Regional issues and international obligations — Facilitate integration for refugees who choose not to return. Implement the national strategy on refugees as part of a comprehensive strategy on social inclusion and social integration. — Continue implementing regional cooperation arrangements. Economic criteria — Strengthen macroeconomic stability by continuing fiscal adjustment and consolidation to further reduce external imbalances. — Increase efficiency of government expenditure, notably by improving the budgetary process and financial management at central and local government level. Increase capacity for budget preparation and execution to enable prioritisation. — Ensure a more flexible labour market through a gradual liberalisation. — Strengthen the business environment to promote the development of the private sector and employment. In particular streamline judicial procedures in commercial matters, especially for bankruptcy cases. — Design and start applying an integrated research policy to support research and development activities. European standards Internal market Free movement of capital — Fully liberalise capital movements and payments in line with EU principles. Free movement of goods — Further develop standardisation, in particular through the adoption of European standards. Continue transposing the New and Global Approach and Old Approach directives. Establish a market surveillance structure as required by the acquis. Customs and taxation — Ensure continued approximation of Montenegrin customs and taxation legislation to the acquis, and further increase the administrative capacity to implement customs legislation, and to fight against corruption, cross-border crime and fiscal evasion. — Improve transparency and the exchange of information with the Member States of the European Union in order to facilitate the enforcement of measures preventing the avoidance or evasion of taxes. — Establish a transparent exchange of information with Member States of the EU and with the Commission of the European Communities in order to strengthen the enforcement measures preventing tax fraud, evasion and avoidance. Competition — Continue strengthening the competition authority, including its functional independence. — Continue strengthening the state aid framework and establish state aid control in line with the requirements of the Stabilisation and Association Agreement. Public procurement — Continue strengthening the public procurement regime, including in the utilities sector and in relation to concessions, by further aligning domestic legislation with the acquis and by upgrading the administrative capacity of the public procurement agency, the review body and of contracting entities. — Continue ensuring full transparency of procedures, regardless of the value of the contract concerned, and non-discrimination between Montenegrin and EU suppliers. Intellectual property law — Ensure a level of protection similar to that provided by the EU, by aligning fully domestic legislation with the acquis on intellectual property rights, and by continuously strengthening administrative capacity and enforcement by all relevant public authorities, including border services, law enforcement agencies and the judiciary. Financial services — Establish a comprehensive regulatory and supervisory framework for financial institutions and markets in line with EU principles. Company law — Start aligning financial reporting requirements with the acquis and ensure their effective enforcement. Employment and social policies — Further upgrade the policy formulation and monitoring capacities of the Ministry of Labour and Social Welfare, with emphasis on labour market integration of young people, women and vulnerable groups and on modernising social policies; further upgrade performance management of active employment measures implemented by the Montenegrin employment service. Sectoral policies Industry and SMEs — Ensure the European Charter for Small Enterprises is fully implemented. — Start introducing regulatory impact assessments. Further improve access to finance and develop business support structures (clusters, incubators, business and technology parks). Agriculture and fisheries — Further administrative capacities for policy formulation and implementation in the agricultural and rural development sector. Design and start implementing a rural development policy. — Strengthen institutional capacity for food safety. Prepare a programme for upgrading food processing establishments to meet EU requirements. Start action with a view to identification of sheep and goats and registration of their movements. Start action to ensure efficient control of domestic plant production, in particular for products subject to specific EU requirements. — Take measures to ensure that the fisheries policy moves closer to EU standards, in particular in the areas of resource management, inspection and control and in market and structural policies. — Continue ensuring protection of the geographical indications and designations of origin registered in the Community pursuant to Council Regulation (EC) No 510/2006 and its subsequent amendments. Update the list of protected geographical indications and designations of origin in line with developments of the EU acquis in this area. Environment — Continue the approximation of Montenegrin legislation to EU legislation and standards, notably legislation on air pollution, water and chemicals. — Begin implementing the land use plan and the overall environment protection strategy. Begin implementing the sustainable development strategy and other sectoral strategies (integrated coastal zone management, biodiversity, climate change). Ensure a viable financial framework for implementing a mid- to long-term environmental protection policy. — Ratify and start implementing the Kyoto protocol. — Continue strengthening the administrative capacity of ministries and bodies in charge of environmental planning, permitting, inspecting, enforcement and monitoring, as well as project management. Transport policy — Strengthen capacity building, including project preparation for large investments. Continue to earmark sufficient resources for the maintenance of transport infrastructures and institutions. — Implement international commitments under International Maritime Organisation Conventions and improve maritime safety conditions of the fleet in the light of the Paris Memorandum of Understanding. Energy — Adopt and implement a long term strategy for an environmentally sustainable energy policy. — Continue to implement regional and international commitments in this area in view of establishing a competitive regional energy market. — Become party to international nuclear safety conventions to which Euratom is already a Contracting Party. Information society and media — Finalise transposition into national legislation of the EU 2002 framework for electronic communications. — Establish a competitive electronic communications market through progressive implementation of legislation, and by applying competitive safeguards and addressing any existing market entry barriers. — Maintain the independence of the regulatory authorities and ensure there are sufficient resources and expertise to execute their tasks. — Fully align legislation to the audiovisual acquis. Financial control — Develop and implement the principles of decentralised managerial accountability and functionally independent internal audit in accordance with the internationally accepted standards and EU best practice. — Strengthen the operational capacity, and the functional and financial independence of the State audit Office. — Develop procedures and administrative capacities to ensure effective protection of the EU's financial interests. Statistics — Continue developing reliable economic statistics. Build up institutional capacity to produce and publish basic statistical data harmonised with European standards in the area of business statistics, labour market statistics and national accounts. — Fully include local government in general government accounts. Justice, freedom and security Visa, border control, asylum and migration — Develop the technical infrastructure and human resource capacities to implement the Integrated Border Management policy, including strengthening the border police and the customs services. Improve cross-border facilitations through new border posts. — Further align visa policy with EU legislation and practice. Drugs — Strengthen inter-agency and international cooperation and further develop the capacity of relevant law enforcement authorities to combat drug trafficking. Police — Continue restructuring; ensure accountability; reform police education; ensure cooperation among law enforcement agencies. Fight against organised crime and terrorism — Develop an effective system of witness protection, which also incorporates regional elements. — Reinforce the fight against economic and financial crime (including money-laundering and counterfeiting of currencies), fraud and corruption, and improve the relevant legislation. — Facilitate the placement of liaison officers, seconded from EU Member States in the relevant state bodies involved in the fight against organised crime. Implement the Palermo Convention and its Protocols on transnational organised crime and the applicable international standards on financial and economic crime. — Increase administrative and judicial capacity to implement the criminal code as regards organised crime. Further strengthen the unit for the fight against organised crime in the Ministry of the Interior, and ensure coordination of all the enforcement bodies, including the further development of appropriate criminal intelligence capacity. — Reinforce the fight against economic and financial crime (including the fight against counterfeiting of both cash and non-cash means of payment) and upgrade institutional and administrative capacity to deal with related challenges. Protection of personal data — Ensure the smooth functioning of the data protection supervisory authority. — Ensure the capacity of State authorities, in particular law enforcement bodies, to implement the legislation on protection of personal data. 4. PROGRAMMING Community assistance under the Stabilisation and Association Process to the western Balkan countries will be provided under the existing financial instruments, in particular under Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (2). Montenegro can thus have access to funding from multi-country and horizontal programmes. 5. CONDITIONALITY Community assistance to the western Balkan countries is conditional on progress in satisfying the Copenhagen criteria as well as progress in meeting the specific priorities of this European Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article 21 of Regulation (EC) No 1085/2006. Community assistance is also subject to the conditions defined by the Council in its Conclusions of 29 April 1997, in particular as regards the recipients' undertaking to carry out democratic, economic and institutional reforms. 6. MONITORING The implementation of the European Partnership shall be examined through the mechanisms established under the Stabilisation and Association Process, notably the annual reports presented by the Commission of the European Communities. (1) Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 93, 31.3.2006, p. 12). (2) OJ L 210, 31.7.2006, p. 82.

Summary: European partnership with Montenegro European partnership with Montenegro As an instrument of the Stabilisation and Association Process, the European Partnership aims to provide additional, adapted support to the Montenegrin authorities with a view to achieving the European perspective of their country. Its objective is to identify the priority areas in which there is a need for reforms and efforts, in particular inviting Montenegro to align with Community legislation. It also forms a reference framework for the financial assistance provided by the Community Funds. ACT Council Decision 2007/49/EC of 22 January 2007 on the principles, priorities and conditions contained in the European Partnership with Montenegro. SUMMARY The European Partnership with Montenegro is the principal instrument for assisting the Montenegrin authorities in achieving the country's European perspective. This perspective was confirmed during the Zagreb Summit in 2000 and endorsed at the 2003 Thessaloniki Summit. The European Partnership with Montenegro is an instrument of the Stabilisation and Association Process introduced under the Thessaloniki agenda (2003) for the Western Balkan countries. The Thessaloniki agenda added this new instrument to the process to give further support to the European perspective of these countries. The legal basis for the European Partnerships is Regulation (EC) No 533/2004. OBJECTIVE The objective of the European Partnership is to record in a general reference framework: the priority areas for action for which reforms must be undertaken and efforts made. These are identified according to the needs of the country and include the adoption and/or implementation of appropriate legislation; guidance for the financial assistance with a view to the implementation of these priority action areas; the principles and conditions governing the achievement of the partnership. The Council of the European Union adopts the European Partnership and subsequent amendments to it by qualified majority on the basis of a Commission proposal. The current partnership was adopted following the independence of Montenegro in June 2006. It updates the priorities identified in the European Partnership with Serbia and Montenegro, including Kosovo (as defined by United Nations Security Council Resolution 1244), adopted in 2006. In this respect, European Partnerships are flexible instruments designed to develop according to the progress made by the partner countries and the efforts they still have to make in other fields resulting from the Commission assessments. Montenegro has to adopt an action plan with a view to achieving the objectives identified in the European Partnership, in which it presents the detailed arrangements and a timetable for the implementation of the priorities of the partnership. The implementation of the partnership is monitored under the Stabilisation and Association Process and its mechanisms and notably by the annual progress reports presented by the Commission. PRIORITIES The European Partnership sets priorities which consist of realistic, feasible objectives. In this respect, a distinction is drawn between short-term and medium-term priorities, which are to be accomplished within one to two years and three to four years respectively. These priorities are, in principle, based on the ability of Montenegro to respect: the Copenhagen criteria defined in 1993; the conditions laid down to achieve the Stabilisation and Association Process (Council conclusions of 27 April 1997 and 21 and 22 June 1999); the Zagreb declaration of 2000; the Thessaloniki agenda of 2003. The short and medium-term priorities correspond to the following classification: key priorities, which are short-term priorities. They concern the structures and basic elements for the establishment of a State, such as the adoption of the constitution, which must be based on a broad consensus and be in line with European standards (human and minority rights, justice, etc.). They imply the establishment of the legal and institutional set-up, the reform of the judicial system (transparency, recruitment and career management, rationalisation and modernisation, financing) and strengthening parliamentary control over defence and security structures. The reform of the public administration (remuneration, recruitment, professionalism, accountability, etc.) must be continued and must provide for European integration and cooperation structures. These priorities also cover the fight against organised crime and corruption as well as full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). The necessary structures for the implementation of a future Stabilisation and Association Agreement (SAA) should also be put in place; political requirements. These refer to democracy and the rule of law and concern constitutional issues, elections, parliament, the public administration, the judicial system, anti-corruption policy, human rights and the protection of minorities, regional issues and international obligations; economic requirements. These cover in particular macroeconomic stability (fiscal and public finance adjustment and consolidation, etc.), the structures and capacity to draft and implement the "Economic and Fiscal Programme" proposed by the Commission, public expenditure in terms of management and efficiency (budgetary process and budget capacity, financial management and accounting, etc.), restructuring and privatisation of publicly owned enterprises, a favourable business environment, supervision of the insurance sector through appropriate legislation, and the trade regimes (adjustment to render them compatible with the autonomous trade measures and the future SAA). They also cover the labour force (adaptability and skills), the flexibility of the labour market and the introduction of an integrated research policy; European standards. These refer to certain aspects of the acquis communautaire, i.e. the internal market (free movement of goods and capital, customs and taxation, competition, public procurement, intellectual property law, financial services, company law, employment and social policies, statistics), sectoral policies (industry and small and medium-sized enterprises - SMEs, agriculture and fisheries, the environment, transport, energy, information society and media, financial control, statistics), and the area of justice, freedom and security (visas, border control, asylum and migration, money laundering, drugs, police, fight against organised crime and terrorism, trafficking in human beings, protection of personal data). Montenegro is to work towards harmonising its legislation with the acquis communautaire in these fields and then implementing it. The priorities identified by the present partnership also form the basis for the Commission assessments. FINANCIAL FRAMEWORK Montenegro is eligible for the Instrument for Pre-Accession Assistance (IPA) for the period 2007-2013. In this process, the European Partnership with Montenegro represents a reference document to determine the various areas for the allocation of funds (according to the priorities). Nevertheless, the programming documents are, in fact, the legal framework for the financial assistance. At the end of the multiannual indicative financial framework for 2008-2010 (including 2007), the assistance allocated to Montenegro will amount to EUR 131.3 million for the national programmes. The IPA is the single financial instrument for countries which are candidates or potential candidates for EU membership. It replaces the CARDS programme, which was the financial instrument for the Stabilisation and Association Process for the period 2000-2006. During this period, the financial assistance in favour of Montenegro, with Serbia and Kosovo, amounted to EUR 2 559.8 million. In addition, Community assistance is subject to the beneficiary countries complying with the essential elements governing their relations with the EU, and in particular real progress in carrying out reforms. Under the European Partnership, Montenegro is required to respect the Copenhagen criteria, the priorities defined in the partnership and the conditions defined by the Council in its Conclusions of 29 April 1997. Failure to do so could result in the Council suspending financial assistance. Furthermore, Montenegro receives financing from the European Investment Bank (EIB), principally under the regional lending mandate in favour of the south-eastern neighbouring countries. This mandate groups together the countries engaged in the EU accession process and the countries of the Western Balkans. The financing granted by the EIB takes the form of grants and loans. References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Decision 2007/49/EC 30.1.2007 - OJ L 20 of 27.1.2007 RELATED ACTS Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European partnerships in the framework of the stabilisation and association process [Official Journal L 86, 24.03.2004]. Communication from the Commission of 27 January 2006 - The Western Balkans on the road to the EU: consolidating stability and raising prosperity [COM(2006) 27 - Not published in the Official Journal]. FINANCIAL PROGRAMMING Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) [Official Journal L 210 of 31.07.2006]. Communication from the Commission to the Council and the European Parliament of 8 November 2006 - Instrument for pre-accession assistance. Multi-annual indicative financial framework for 2008-2010 [COM(2006) 672 final - Not published in the Official Journal]. Council Regulation (EC) No 2667/2000 of 5 December 2000 on the European Agency for Reconstruction [Official Journal L 306, 07.12.2000]. The European Agency for Reconstruction is responsible for implementation of most of the Community assistance to the Republic of Montenegro, the Republic of Serbia, including Kosovo, as defined by United Nations Security Council Resolution 1244, and the former Yugoslav Republic of Macedonia. Its mandate ends on 31 December 2008 for the management of the programmes in progress under the CARDS programme for the period 2000-2006. Last updated: 22.06.2007


27.12.2005 EN Official Journal of the European Union L 344/15 REGULATION (EC) No 2111/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) Action by the Community in the field of air transport should aim, as a priority, at ensuring a high level of protection for passengers from safety risks. Moreover, full account should be taken of the requirements of consumer protection in general. (2) A Community list of air carriers that do not meet relevant safety requirements should be brought to the notice of passengers so as to ensure the utmost transparency. This Community list should be based on common criteria drawn up at Community level. (3) Air carriers included in the Community list should be subject to an operating ban. The operating bans included in the Community list should apply throughout the territory of the Member States to which the Treaty applies. (4) Air carriers that do not enjoy traffic rights in one or more of the Member States may nonetheless fly to and from the Community when their aircraft, with or without crew, are leased by companies that do enjoy such rights. Provision should be made for an operating ban included in the Community list to apply equally to such air carriers, since these air carriers could otherwise operate in the Community while not complying with the relevant safety standards. (5) An air carrier which is subject to an operating ban could be permitted to exercise traffic rights by using wet-leased aircraft of an air carrier which is not subject to an operating ban, provided that the relevant safety standards are complied with. (6) The procedure for updating the Community list should allow for decisions to be taken swiftly, in order to provide adequate and up-to-date safety information to air passengers and to guarantee that air carriers that have remedied safety deficiencies are taken off the list as soon as possible. At the same time, the procedures should respect the air carrier’s rights of defence and should be without prejudice to international agreements and conventions to which the Member States or the Community are parties, in particular the 1944 Chicago Convention on International Civil Aviation. The implementing measures on matters of procedure, to be adopted by the Commission, should notably cater for these requirements. (7) When an operating ban has been imposed on an air carrier, appropriate action should be taken with a view to assisting that air carrier in remedying the deficiencies that gave rise to that ban. (8) In exceptional cases, Member States should be allowed to take unilateral measures. In cases of urgency and when confronted with an unforeseen safety problem, Member States should have the possibility to impose immediately an operating ban in respect of their own territory. Moreover, where the Commission has decided not to include an air carrier in the Community list, Member States should also be able to impose or maintain an operating ban in view of a safety problem which does not exist in the other Member States. Member States should make restrictive application of these possibilities, taking account of the Community interest and with a view to presenting a common approach in respect of aviation safety. This should be without prejudice to Article 8 of Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (3) and to Article 10 of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (4). (9) Information on the safety of air carriers should be published in an effective manner, such as through use of the Internet. (10) In order for the competitive framework in air transport to yield the greatest possible benefits for companies and passengers, it is important that consumers receive the necessary information to be able to make informed choices. (11) The identity of the air carrier or carriers actually operating the flight is an essential piece of information. However, consumers concluding a contract of carriage, which could comprise both an outward and a return flight, are not always informed about the identity of the air carrier or carriers actually operating the flight or flights concerned. (12) Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (5) requires certain information to be made available to consumers, but that information does not include the identity of the operating air carrier. (13) Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computer reservation systems (CRS) (6) entitles consumers booking a flight via a computer reservation system to be informed of the identity of the operating air carrier. Nevertheless, even in scheduled air transport, industry practices exist, such as wet leasing, or code sharing if booked without a CRS, where the air carrier which has sold the flight under its name does not actually operate it and where there is currently no legal right for the passenger to be informed of the identity of the air carrier actually performing the service. (14) These practices increase flexibility and allow a better provision of services to passengers. Moreover, a certain number of last-minute changes, in particular for technical reasons, is unavoidable and contributes to the safety of air transport. This flexibility should, however, be balanced by verification that the companies actually operating the flights meet safety requirements and by transparency for consumers in order to guarantee them the right of making an informed choice. A fair balance between the commercial viability of air carriers and passenger access to information should be sought. (15) Air carriers should pursue a policy of transparency vis-à-vis passengers regarding safety-related information. Publishing such information should contribute to passenger awareness of the reliability of air carriers in safety terms. (16) Air carriers are responsible for reporting safety deficiencies to the national air safety authorities as well as for addressing such deficiencies without delay. Air and ground crew are expected to take appropriate action when safety deficiencies are apparent to them. It would be contrary to the interests of aviation safety if staff were to be penalised for doing so, as follows from Article 8(4) of Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation (7). (17) In addition to the situations covered by Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (8), passengers should be offered the right to reimbursement or to re-routing in certain specific other situations falling within the scope of this Regulation, if there is a sufficiently close connection with the Community. (18) In addition to the rules set out in this Regulation, the implications of changes to the identity of the operating carrier for the performance of the contract of carriage should be governed by the laws of the Member States applicable to contracts and by relevant Community law, in particular Council Directives 90/314/EEC and 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (9). (19) This Regulation is part of a legislative process pursuing an efficient and coherent approach to reinforcing air safety in the Community, in which the European Aviation Safety Agency plays an important role. With an extension of the competencies of this Agency, such as in respect of third-country aircraft, its role under this Regulation could be further expanded. Special attention should be given to further improving the quality and quantity of safety inspections of aircraft and to harmonising these inspections. (20) Where there is a risk to safety that has not been adequately resolved by the Member State(s) concerned, the Commission should have the possibility of adopting immediate measures on a provisional basis. In such cases, the committee assisting the Commission in its work under this Regulation should act in accordance with the advisory procedure provided for in Article 3 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10). (21) In all other cases, the committee assisting the Commission in its work under this Regulation should act in accordance with the regulatory procedure provided for in Article 5 of Decision 1999/468/EC. (22) Since the relation between this Regulation and Article 9 of Directive 2004/36/CE of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (11) would otherwise be unclear, that Article should be repealed with a view to providing legal certainty. (23) Member States should lay down rules on penalties applicable to infringements of the provisions of Chapter III of this Regulation and ensure that these penalties are applied. The penalties, which may be of a civil or administrative nature, should be effective, proportionate and dissuasive. (24) The Commission should analyse the application of this Regulation and, after a sufficient period, report on the efficiency of its provisions. (25) Any competent civil aviation authority in the Community may decide that air carriers, including those not operating in the territory of the Member States to which the Treaty applies, might lodge a request with that authority to subject the air carrier so requesting to systematic checks in order to verify its likelihood of compliance with the relevant safety standards. (26) This Regulation should not preclude the Member States from introducing a quality labelling system for air carriers at national level, for which the criteria might include considerations other than minimum safety requirements, in accordance with Community law. (27) Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation, HAVE ADOPTED THIS REGULATION: CHAPTER I GENERAL PROVISIONS Article 1 Subject matter 1. This Regulation establishes rules: (a) on the establishment and publication of a Community list, based on common criteria, of air carriers which, for safety reasons, are subject to an operating ban in the Community; and (b) on informing air passengers of the identity of the air carrier operating the flights on which they travel. 2. The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated. 3. Application of this Regulation to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation. Article 2 Definitions For the purpose of this Regulation, the following definitions shall apply: (a) ‘air carrier’ means an air transport undertaking with a valid operating licence or equivalent; (b) ‘contract of carriage’ means a contract for or including air transport services, including one where the carriage is composed of two or more flights operated by the same or different air carriers; (c) ‘air carriage contractor’ means the carrier which concludes a contract of carriage with a passenger or, where the contract comprises a package, the tour operator. Any ticket seller shall also be deemed an air carriage contractor; (d) ‘ticket seller’ means the seller of an air ticket who arranges a contract of carriage with a passenger, whether for a flight on its own or as part of a package, other than an air carrier or a tour operator; (e) ‘operating air carrier’ means an air carrier that performs or intends to perform a flight under a contract of carriage with a passenger, or on behalf of another person, legal or natural, having a contract of carriage with that passenger; (f) ‘operating authorisation or technical permission’ means any legislative or administrative act by a Member State, which provides either that an air carrier may operate air services to and from its airports or that an air carrier may operate in its airspace or that an air carrier may exercise traffic rights; (g) ‘operating ban’ means the refusal, suspension, revocation or restriction of an air carrier’s operating authorisation or technical permission for safety reasons, or any equivalent safety measures in respect of an air carrier which has no traffic rights in the Community but whose aircraft might otherwise be operated in the Community under a lease agreement; (h) ‘package’ means those services defined in Article 2(1) of Directive 90/314/EEC; (i) ‘reservation’ means the fact that the passenger has a ticket or other proof, which indicates that the reservation has been accepted and registered by the air carriage contractor; (j) ‘relevant safety standards’ means the international safety standards contained in the Chicago Convention and its Annexes as well as, where applicable, those in relevant Community law. CHAPTER II COMMUNITY LIST Article 3 Establishment of the Community List 1. With a view to reinforcing air safety, a list of air carriers that are subject to an operating ban in the Community (hereinafter referred to as the Community list) shall be established. Each Member State shall enforce, within its territory, the operating bans included in the Community list in respect of the air carriers that are the subject of those bans. 2. The common criteria for imposing an operating ban on an air carrier, which shall be based on the relevant safety standards, are set out in the Annex (and are hereinafter referred to as the common criteria). The Commission may modify the Annex, in particular in order to take account of scientific and technical developments, in accordance with the procedure referred to in Article 15(3). 3. For the purpose of establishing the Community list for the first time, each Member State shall, by 16 February 2006, communicate to the Commission the identity of the air carriers that are subject to an operating ban in its territory, together with the reasons which led to the adoption of such bans and any other relevant information. The Commission shall inform the other Member States of these operating bans. 4. Within one month of receiving the information communicated by the Member States, the Commission shall, on the basis of the common criteria, decide on the imposition of an operating ban on the air carriers concerned and shall establish the Community list of air carriers on which it has imposed an operating ban, in accordance with the procedure referred to in Article 15(3). Article 4 Updating of the Community list 1. The Community list shall be updated: (a) to impose an operating ban on an air carrier and include this air carrier on the Community list, on the basis of the common criteria; (b) to remove an air carrier from the Community list, if the safety deficiency or deficiencies that gave rise to the inclusion of the air carrier on the Community list have been remedied and there is no other reason, on the basis of the common criteria, to maintain the air carrier on the Community list; (c) to modify the conditions of an operating ban imposed on an air carrier which is included on the Community list. 2. The Commission, acting on its own initiative or at the request of a Member State, shall decide to update the Community list as soon as this is required under paragraph 1, in accordance with the procedure referred to in Article 15(3) and on the basis of the common criteria. At least every three months, the Commission shall verify whether it is appropriate to update the Community list. 3. Each Member State and the European Aviation Safety Agency shall communicate to the Commission all information that may be relevant in the context of updating the Community list. The Commission shall forward all relevant information to the other Member States. Article 5 Provisional measures for updating of the Community list 1. Where it is evident that the continued operation of an air carrier in the Community is likely to constitute a serious risk to safety, and that such a risk has not been resolved satisfactorily by means of urgent measures taken by the Member State(s) concerned in accordance with Article 6(1), the Commission may provisionally adopt the measures referred to in Article 4(1)(a) or (c), in accordance with the procedure referred to in Article 15(2). 2. As soon as possible, and at most within 10 working days, the Commission shall submit the matter to the Committee referred to in Article 15(1) and shall decide to confirm, amend, revoke or extend the measure which it has adopted under paragraph 1 of this Article, acting in accordance with the procedure referred to in Article 15(3). Article 6 Exceptional measures 1. In cases of urgency, this Regulation shall not preclude a Member State from reacting to an unforeseen safety problem by imposing an immediate operating ban in respect of its own territory, taking into account the common criteria. 2. A decision by the Commission not to include an air carrier in the Community list in accordance with the procedure referred to in Article 3(4) or 4(2) shall not preclude a Member State from imposing or maintaining an operating ban on the air carrier concerned in view of a safety problem specifically affecting that Member State. 3. In either of the situations referred to in paragraphs 1 and 2, the Member State concerned shall immediately inform the Commission, which shall inform the other Member States. In the situation referred to in paragraph 1, the Member State concerned shall without delay submit a request to the Commission to update the Community list, in accordance with Article 4(2). Article 7 Rights of defence The Commission shall ensure that, when it adopts decisions as referred to in Articles 3(4), 4(2) and 5, the air carrier concerned is given the opportunity of being heard, taking into account the need, in some cases, for an urgency procedure. Article 8 Implementing measures 1. The Commission, acting in accordance with the procedure referred to in Article 15(3), shall, where appropriate, adopt implementing measures in order to lay down detailed rules in respect of the procedures referred to in this Chapter. 2. In deciding these measures the Commission shall take due account of the need for decisions to be taken swiftly on updating the Community list and shall, where appropriate, provide the possibility of an urgency procedure. Article 9 Publication 1. The Community list and any modification thereto shall be published immediately in the Official Journal of the European Union. 2. The Commission and the Member States shall take the measures necessary to facilitate public access to the Community list, as most recently updated, in particular through the use of the Internet. 3. Air carriage contractors, national civil aviation authorities, the European Aviation Safety Agency and airports in the territory of the Member States shall bring the Community list to the attention of passengers, both via their websites and, where relevant, in their premises. CHAPTER III INFORMATION TO PASSENGERS Article 10 Scope 1. The provisions of this Chapter shall apply in respect of the carriage of passengers by air, where the flight is part of a contract of carriage and that carriage started in the Community, and (a) the flight departs from an airport on territory of a Member State to which the Treaty applies; or (b) the flight departs from an airport in a third country and arrives at an airport on territory of a Member State to which the Treaty applies; or (c) the flight departs from an airport in a third country and arrives at another such airport. 2. The provisions of this Chapter shall apply whether the flight is scheduled or non-scheduled and whether the flight is part of a package or not. 3. The provisions of this Chapter shall not affect the rights of passengers under Directive 90/314/EEC and Regulation (EEC) No 2299/89. Article 11 Information on the identity of the operating air carrier 1. Upon reservation, the air carriage contractor shall inform the passenger of the identity of the operating air carrier or carriers, whatever the means used to make the reservation. 2. Where the identity of the operating air carrier or carriers is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name or names of the air carrier or carriers that is or are likely to act as operating air carrier or carriers on the flight or flights concerned. In such case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as such identity is established. 3. Wherever the operating air carrier or carriers is or are changed after reservation, the air carriage contractor shall, irrespective of the reason for the change, take immediately all appropriate steps to ensure that the passenger is informed of the change as soon as possible. In all cases, passengers shall be informed at check-in, or on boarding where no check-in is required for a connecting flight. 4. The air carrier or the tour operator, as the case may be, shall ensure that the relevant air carriage contractor is informed of the identity of the operating air carrier or carriers as soon as this is known, in particular in the event of a change of such identity. 5. If a ticket seller has not been informed of the identity of the operating air carrier, it shall not be responsible for not complying with the obligations provided for in this Article. 6. The obligation of the air carriage contractor to inform passengers of the identity of the operating air carrier or carriers shall be specified in the general terms of sale applicable to the contract of carriage. Article 12 Right to reimbursement or re-routing 1. This Regulation shall not affect the right to reimbursement or re-routing as provided for in Regulation (EC) No 261/2004. 2. In cases where Regulation (EC) No 261/2004 does not apply, and (a) the operating air carrier notified to the passenger has been entered on the Community list and is subject to an operating ban which has led to the cancellation of the flight concerned, or which would have led to such cancellation if the flight concerned had been operated in the Community or (b) the operating air carrier notified to the passenger has been replaced by another operating air carrier which has been entered on the Community list and is subject to an operating ban which has led to the cancellation of the flight concerned, or which would have led to such cancellation if the flight concerned had been operated in the Community, the air carriage contractor which is party to the contract of carriage shall offer the passenger the right to reimbursement or re-routing provided for in Article 8 of Regulation (EC) No 261/2004, provided that, where the flight has not been cancelled, the passenger has chosen not to take that flight. 3. Paragraph 2 of this Article shall apply without prejudice to Article 13 of Regulation (EC) No 261/2004. Article 13 Penalties Member States shall ensure compliance with the rules set out in this Chapter and shall lay down penalties for infringement of these rules. The penalties shall be effective, proportionate and dissuasive. CHAPTER IV FINAL PROVISIONS Article 14 Information and amendment By 16 January 2009, the Commission shall report to the European Parliament and to the Council on the application of this Regulation. The report shall be accompanied, where necessary, by proposals for the amendment of this Regulation. Article 15 Committee 1. The Commission shall be assisted by the Committee referred to in Article 12 of Regulation (EEC) No 3922/91 (the Committee). 2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months. 4. The Commission may consult the Committee on any other matter concerning the application of this Regulation. 5. The Committee shall adopt its Rules of Procedure. Article 16 Repeal Article 9 of Directive 2004/36/EC is hereby repealed. Article 17 Entry into force This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. Articles 10, 11 and 12 shall apply from 16 July 2006 and Article 13 shall apply from 16 January 2007. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 14 December 2005. For the European Parliament The President J. BORRELL FONTELLES For the Council The President C. CLARKE (1) Opinion of 28 September 2005 (not yet published in the Official Journal). (2) Opinion of the European Parliament of 16 November 2005 (not yet published in the Official Journal) and Council Decision of 5 December 2005. (3) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Commission Regulation (EC) No 2871/2000 (OJ L 333, 29.12.2000, p. 47). (4) OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5). (5) OJ L 158, 23.6.1990, p. 59. (6) OJ L 220, 29.7.1989, p. 1. Regulation as last amended by Regulation (EC) No 323/1999 (OJ L 40, 13.2.1999, p. 1). (7) OJ L 167, 4.7.2003, p. 23. (8) OJ L 46, 17.2.2004, p. 1. (9) OJ L 95, 21.4.1993, p. 29. (10) OJ L 184, 17.7.1999, p. 23. (11) OJ L 143, 30.4.2004, p. 76. ANNEX Common criteria for consideration of an operating ban for safety reasons at Community level Decisions on action at Community level shall be taken according to the merits of each individual case. Depending upon the merits of each case, a carrier or all the carriers certified in the same state might be eligible for action at Community level. In considering whether an air carrier should be totally or partially banned, it shall be assessed whether the air carrier is meeting the relevant safety standards taking into account the following: 1. Verified evidence of serious safety deficiencies on the part of an air carrier: — Reports showing serious safety deficiencies, or persistent failure by the carrier to address deficiencies identified by ramp inspections performed under the SAFA programme previously communicated to the carrier. — Serious safety deficiencies identified within the framework of the provisions for the gathering of information in Article 3 of Directive 2004/36/EC on the safety of third-country aircraft. — Operating ban imposed on a carrier by a third country because of substantiated deficiencies related to international safety standards. — Substantiated accident-related information or serious incident-related information indicating latent systemic safety deficiencies. 2. Lack of ability and/or willingness of an air carrier to address safety deficiencies as demonstrated by: — Lack of transparency or adequate and timely communication on the part of a carrier in response to an enquiry by the civil aviation authority of a Member State regarding the safety aspect of its operation. — Inappropriate or insufficient corrective action plan presented in response to an identified serious safety deficiency. 3. Lack of ability and/or willingness of the authorities responsible for the oversight of an air carrier to address safety deficiencies as demonstrated by: — Lack of cooperation with the civil aviation authority of a Member State by the competent authorities of another state, when concerns about the safety of the operation of a carrier licensed or certified in that state have been raised. — Insufficient ability of the competent authorities with regulatory oversight of the carrier to implement and enforce the relevant safety standards. Particular account should be taken of the following: (a) audits and related corrective action plans established under ICAO’s Universal Safety Oversight Audit Programme or under any applicable Community law; (b) whether the operating authorisation or technical permission of any carrier under the oversight of that state has previously been refused or revoked by another state; (c) the air operator’s certificate has not been issued by the competent authority of the state where the carrier has its principle place of business. — Insufficient ability of the competent authorities of the state in which the aircraft used by the air carrier is registered to oversee the aircraft used by the carrier in accordance with its obligations under the Chicago Convention.

Summary: Information for passengers: air carriers’ identity Information for passengers: air carriers’ identity SUMMARY OF: Regulation (EC) No 2111/2005 — list of air carriers subject to an operating ban within the EU and the identity of operating air carriers SUMMARY WHAT DOES THIS REGULATION DO? It establishes a publicly available list of airlines which are banned from flying in the EU because they do not meet the required safety standards (Annex A) and of airlines that are restricted from flying under certain conditions (Annex B). It ensures that passengers know the identity of the airline they fly with. KEY POINTS An airline is placed on the banned list if it is found to have serious safety deficiencies and fails to correct them. Common EU criteria based on relevant safety standards exist to determine whether an operating ban should be imposed. The European Commission may amend these in the light of scientific and technical developments. If unforeseen safety problems arise, an EU country may impose an immediate ban on an airline. Airlines are given the opportunity to be heard if the Commission adopts decisions to place an air carrier on the banned list. The list is published in the EU’s Official Journal. The Commission and EU countries must facilitate public access to the list, notably via the internet. Civil aviation authorities and airports must also make the public aware of it. Ticket sellers, tour operators and travel agents must inform passengers of the identity of the airline that is planned to be used for their travel when they make their bookings. Passengers must be informed of any subsequent changes as soon as possible and, at the latest, at check-in or when boarding. Passengers are entitled to reimbursement or re-routing if the airline is placed on the banned list after they make their booking. In December 2015, the Commission published a comprehensive aviation strategy for Europe. In addition to looking to improve the sector’s competitiveness, the strategy emphasises the importance of maintaining high safety and security standards and protection of passengers’ rights. By November 2016, each non-EU airline flying to the EU will need to have a single air safety authorisation issued by the European Aviation Safety Agency. These authorisations validate airlines’ compliance with international safety standards and are valid throughout the EU. FROM WHEN DOES THE REGULATION APPLY? It applies from 16 January 2006. BACKGROUND List of airlines banned within the EU ACT Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, pp. 15–22) Successive amendments and corrections to Regulation (EC) No 2111/2005 have been incorporated in the basic text. This consolidated version is of documentary value only. RELATED ACTS Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, pp. 14–28). See consolidated version. last update 06.06.2016