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Decree N ° 2003 - 457 Of 16 May 2003 On The Publication Of The Agreement Between The Government Of The French Republic And The Council Of Ministers Of Serbia And Montenegro In The Matter Of Succession In Respect Of Bilateral Treaties Concluded Between ...

Original Language Title: Décret n° 2003-457 du 16 mai 2003 portant publication de l'accord entre le Gouvernement de la République française et le Conseil des ministres de Serbie-et-Monténégro relatif à la succession en matière de traités bilatéraux conclus entre la...

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Abstract


Application of Art. 52 to 55 of the Constitution. Contrary to the claims of Belgrade, France and the other states of the international community refused to consider the Federal Republic of Yugoslavia (FRY), proclaimed in Belgrade on the 27-04-1992 as the continuing state of the Socialist Federal Republic of Yugoslavia (SFRY). The Federal Republic of Yugoslavia (FRY) has been considered a new state, successor to the RSFY as well as the other states that emerged from the break-up of Yugoslavia. As the FRY finally joined this approach after the advent of democratic forces in the autumn of 2000, it requested its admission to international organizations, particularly the United Nations, as a new state, and it was Allowed. Diplomatic relations severed on 25-03-1999 were reinstated on 16-11-2000. With regard to the bilateral treaties and agreements concluded between France and Yugoslavia in the past, negotiations began in the summer of 2001 at the request of the Yugoslav side in order to arrest their fate and to determine between the parties a list of those Of those who would continue to apply. The change in the name of the FRY that became Serbia and Montenegro after the constitutional arrangements between the two entities and the adoption of a constitutional charter on 04-02-2003 had no effect on this negotiation. An agreement was signed in Paris on 26-03-2003 on the occasion of the visit of the Minister for Foreign Affairs of Serbia and Montenegro. It provides in a single article that the four old treaties and agreements listed in the annex to the agreement continue to bind the parties. This agreement will help to secure relations between the Parties in the various fields. Similar agreements have been signed with Slovenia, Croatia and the Former Yugoslav Republic of Macedonia. The Agreement entered into force on 26-03-2003.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL ACCORD , AGREEMENT BILATERAL, FRANCE, YUGOSLAV, FEDERAL REPUBLIC OF YUGOSLAVIA, SERBIA-AND-MONTENEGRO , PROCESSING, SUCCESSION


JORF No. 119 of May 23, 2003 page 8825
text N ° 5



Decree n ° 2003-457 of 16 May 2003 on the publication of the agreement between the Government of the French Republic and the Council of Ministers of Serbia and Montenegro on the succession of bilateral treaties concluded Between France and the Socialist Federal Republic of Yugoslavia (together an annex), signed in Paris on 26 March 2003 (1)

NOR: MAEJ0330036D ELI: Https://www.legifrance.gouv.fr/eli/decret/2003/5/16/MAEJ0330036D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/5/16/2003-457/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of Decree No. 51-457 of 19 April 1951 on the publication of The General Convention between France and Yugoslavia on social security, signed in Paris on 5 January 1950;
In view of Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into By France;
Given Decree No. 65-228 of 23 March 1965 on the publication of the cultural agreement between France and Yugoslavia of 19 June 1964 and the exchange of supplementary letters of 8 February 1965;
In view of Decree No. 65-931 of 3 November 1965 concerning the publication of the agreement between France and Yugoslavia relating to international transport by road of 17 October 1964;
Having regard to Decree No. 66-522 of 13 July 1966 on the publication of the Veterinary Convention, the Protocol and The annexes between France and Yugoslavia of 17 March 1965;
In view of Decree No. 67-125 of 1 February 1967 concerning the publication of the amendment, the exchange of letters and the Protocol of 8 February 1966 amending the General Convention on Social security between France and Yugoslavia of 5 January 1950;
Given Decree No. 67-301 of 22 March 1967 on the publication of the agreement on scientific and technical cooperation between France and Yugoslavia of 27 June 1966;
Seen the Decree No. 67-852 of 13 September 1967 on the publication of the Air Transport Agreement between France and Yugoslavia and its annex of 23 March 1967;
In view of Decree No. 70-1007 of 23 October 1970 on the publication of the Convention Between the French Republic and the Socialist Federal Republic of Yugoslavia relating to the issue of civil status and to the dispensation of legalisation, signed at Brussels on 29 October 1969;
In the light of Decree No. 70-1088 of 24 November 1970 on the publication of the Convention on Mutual Assistance in Criminal Matters between the French Republic and the Federative Socialist Republic of Yugoslavia, signed at Belgrade on 29 October 1969;
In view of Decree No. 70-1334 of 23 December 1970 concerning the publication of the Agreement between the French Republic and the Federative Socialist Republic of Yugoslavia with a view to facilitating the application of the Hague Convention of 1 March 1954 on civil procedure, signed at Belgrade, 29 October 1969;
In view of Decree No. 71-195 of 10 March 1971 on the publication of the amendment to the General Convention on Social Security, signed on 5 January 1950, between France and Yugoslavia, supplemented and amended by the amendment On 8 February 1966, and concerning the determination of the rights to compensation in respect of occupational diseases, signed in Belgrade on 13 February 1969;
Having regard to Decree No 71-315 of 20 April 1971 on the publication of the amendment to the agreement between the French Republic and the Socialist Federal Republic of Yugoslavia relating to international road transport, signed in Paris on 21 December 1970;
In view of Decree No. 71-1010 of 20 December 1971 on the publication of the Convention Extradition between the Government of the French Republic and the Government of the Federative Socialist Republic of Yugoslavia, signed in Paris on 23 September 1970;
In view of Decree No. 72-140 of 11 February 1972 on the publication of the agreement On mutual administrative assistance for the prevention, investigation and enforcement of customs fraud between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia, signed in Belgrade on 28 April 1971;
In light of Decree No. 72-181 of 6 March 1972 on the publication of the Convention between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia on recognition and The execution of judicial decisions in civil and commercial matters, signed at Paris on 18 May 1971;
In light of Decree No. 73-153 of 12 February 1973 on the publication of the exchange of letters of 20 July and 9 October 1972 amending the relative agreement Air transport between the French Republic and the Federative Socialist Republic of Yugoslavia, signed in Belgrade on 23 March 1967;
In view of Decree No. 73-492 of 13 May 1973 on the publication of the Convention between the Government of the Republic of Yugoslavia French Republic and the Government of the Socialist Federal Republic of Yugoslavia relating to the applicable law and to jurisdiction in matters relating to the law of persons and the family, signed at Paris on 18 May 1971;
In view of Decree No. 74-685 Of 29 July 1974 concerning the publication of the amendment to the General Convention between France and Yugoslavia on social security signed on 5 January 1950, amended and supplemented by the amendments of 8 February 1966 and 13 February 1969, signed at Belgrade on 31 January 1973;
In view of Decree No. 75-339 of 2 May 1975 on the publication of the Convention between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia on the protection of Signed in Paris on 28 March 1974;
In view of Decree No. 75-849 of 5 September 1975 on the publication of the Convention between the Government of the French Republic and the Government of the Federative Socialist Republic of Yugoslavia tending to avoid double taxation of income taxes (together with a protocol), signed at Paris on 28 March 1974;
In view of Decree No. 76-930 of 11 October 1976 on the publication of the amendment amending the Convention General on social security concluded between France and Yugoslavia on 5 January 1950, as amended and supplemented by the amendments of 8 February 1966, 13 February 1969 and 31 January 1973, signed in Paris on 30 October 1974;
Seen the Decree n ° 77-973 of the 2 August 1977 on the publication of the Agreement on Cinematographic Relations between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia (together an annex), signed in Belgrade on 27 May 1977. October 1975;
In view of Decree No. 79-289 of 30 March 1979 on the publication of the exchange of French-Yugoslav letters of 20 June and 11 October 1976 amending Article 26 of the General Convention on Social Security between the Government of the French Republic and the Government of the Federative Socialist Republic of Yugoslavia of 5 January 1950;
In light of Decree No. 84-987 of 6 November 1984 on the publication of the agreement between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia on the Privileges and Immunities of the Representatives of the Socialist Federal Republic of Yugoslavia to the Organization for Economic Cooperation and Development in France (an exchange of letters), signed in Paris on 24 July 1979;
In view of Decree No. 91-50 of 11 January 1991 on the publication of the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia amending the agreement of 23 March 1967 on air transport, as amended, signed in Belgrade on 18 July 1990,
Décrète:

Article 1


Agreement between the Government of the French Republic and the Council of Ministers of Serbia and Montenegro on the succession of treaties Bilateral agreements concluded between France and the Socialist Federal Republic of Yugoslavia (together an annex), signed in Paris on 26 March 2003, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Appendix



A C C O R D


BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE COUNCIL OF MINISTERS OF SERBIA-AND-MONTENEGRO RELATING TO THE SUCCESSION OF BILATERAL TREATIES BETWEEN FRANCE AND THE FEDERAL REPUBLIC OF YUGOSLAVIA (ANNEX)
The Government of the French Republic and the Council of Ministers of Serbia and Montenegro hereinafter the Parties,
Convinced that the settlement of the question of succession to the bilateral treaties and agreements concluded between France and the The Socialist Federal Republic of Yugoslavia will contribute to further strengthen their bilateral relations by providing the necessary legal certainty,
have agreed on the following provisions:


Sole Article


The agreements that bind France and the Socialist Federal Republic of Yugoslavia listed in the Annex to this Agreement continue to bind the Parties.
In witness whereof the representatives of the two parties duly Authorized to this effect have signed and stamped this Agreement.
Done at Paris, on March 26, 2003, in two copies in the French and Serbian languages, both texts being equally authentic.



For the Government
of the French Republic:
Dominique de Villepin,
Minister of
Affairs

For the Council of Ministers
of Serbia and Montenegro:
Goran Svilanovic,
Minister
of Foreign Affairs
A N N E X E
LIST OF AGREEMENTS SUBJECT
THE UNIQUE ARTICLE OF THE AGREEMENT


1. General Convention between France and Yugoslavia on social security signed on 5 January 1950 and all the endorsements, protocols and arrangements thereto, the list of which follows:
-administrative arrangement n ° 1 relating to the modalities Application of the General Convention on Social Security of 5 January 1950, signed on 9 December 1952;
-Administrative Arrangement No. 2 on the implementing provisions of the General Convention on Social Security of 5 January 1950, Signed on 9 December 1952;
-Administrative Arrangement No. 3 on the terms and conditions of application to mine workers of the General Convention on Social Security of 5 January 1950, signed on 9 December 1952;
-amendment to the Convention General social security of 5 January 1950 concerning family allowances, signed on 8 February 1966;
-Protocol on guaranteed health care for students, signed on 8 February 1966;
-administrative arrangement concerning The implementing provisions of the General Convention on Social Security of 5 January 1950, as amended and supplemented by the amendment of 8 February 1966, signed on 23 January 1967;
-administrative arrangement concerning provisions of the Convention On the social security of 5 January 1950, signed on 23 January 1967;
-supplementary administrative arrangement repealing certain provisions of Article 56 of the administrative arrangement of 23 January 1967, signed on 13 March 1968;
-administrative arrangement concerning the terms and conditions of application to workers of mines and related establishments of the General Convention on Social Security of 5 January 1950, signed on 13 March 1968;
-amendment to the General Convention On social security of 5 January 1950, supplemented and amended by the amendment of 8 February 1966, concerning the determination, of the rights to compensation in respect of occupational disease, signed on 13 February 1969;
-administrative arrangement Amending certain provisions of the General Convention on Social Security of 5 January 1950, signed on 29 April 1971;
-Amendment to the General Convention on Social Security of 5 January 1950, amended and supplemented by the Amendments of 8 February 1966 and 13 February 1969, signed on 31 January 1973;
-amending the General Convention on Social Security of 5 January 1950, as amended and supplemented by the endorsements of 8 February 1966, 13 February 1969 and 31 January 1973, signed on 30 October 1974;
-agreement by exchange of letters dated 15 January 1976 amending Article 26 of the General Convention on Social Security of 5 January 1950;
2. Agreement on the import into Yugoslavia of books, newspapers And French periodicals, films, records and teaching materials, signed on May 28, 1960;
3. Agreement on the activities of French information institutions in Yugoslavia signed on 8 June 1961;
4. Cultural agreement between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia, signed in Belgrade on 19 June 1964, and exchange of supplementary letters of 8 February 1965;
5. Agreement on International Road Transport, signed on 17 October 1964;
Protocol to the Agreement on International Road Transport signed on 21 December 1970;
6. Veterinary Convention between the French Republic and the Socialist Federal Republic of Yugoslavia, signed on 17 March 1965;
7. Agreement on Scientific and Technical Cooperation, signed on 27 June 1966;
8. Air Transport Agreement between the French Republic and the Federative Socialist Republic of Yugoslavia, signed at Belgrade on 23 March 1967;
Agreement by exchange of letters amending the Agreement of 23 March 1967 as of 20 July and 9 October 1972;
Agreement in the form of an exchange of letters amending the agreement of 23 March 1967, signed in Belgrade on 18 July 1990;
9. Convention between the French Republic and the Socialist Federal Republic of Yugoslavia on the issue of civil status and the dispensation of legalization, signed in Belgrade on 29 October 1969;
10. Convention on Mutual Assistance in Criminal Matters between the French Republic and the Federative Socialist Republic of Yugoslavia, signed at Belgrade on 29 October 1969;
11. Agreement between the French Republic and the Socialist Federal Republic of Yugoslavia with a view to facilitating the application of the Hague Convention of 1 March 1954 relating to civil procedure, signed in Belgrade on 29 October 1969;
12. Convention on Extradition between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia, signed in Paris on 23 September 1970;
13. Agreement on mutual administrative assistance for the prevention of research and the suppression of customs fraud between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia, signed April 28, 1971;
14. Convention between the Government of the French Republic and the Government of the Federative Socialist Republic of Yugoslavia relating to the applicable law and jurisdiction in matters relating to the law of persons and the family, signed in Paris on 18 May 1971;
15. Convention between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia on the recognition and enforcement of judicial decisions in civil and commercial matters, signed in Paris May 18, 1971;
16. Agreement between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia on the establishment of a French information institution in Skopje, signed in Belgrade on 28 November 1972, and letter Appendix;
17. Convention between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia to avoid double taxation of income taxes, signed at Paris on 28 March 1974;
18. Convention between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia on the Protection of Investments, signed at Paris on 28 March 1974;
19. Agreement on Cinematographic Relations between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia, signed in Belgrade on 27 October 1975;
20. Agreement between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia on the Privileges and Immunities of the Representatives of the Socialist Federal Republic of Yugoslavia to the OECD In France, signed in Paris on 24 July 1979;
21. Agreement on the consolidation of debts signed on June 28, 1984;
22. Agreement on Debt Consolidation, signed on June 6, 1985;
23. Debt Consolidation Agreement signed on November 28, 1986;
24. Debt Consolidation Agreement, signed September 15, 1988.


Done at Paris, May 16, 2003.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Jean-Pierre Raffarin

Foreign Minister,

Dominique de Villepin


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