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Kapitola :Annex II
Název :Technical adaptation - 17. CONSUMERS AND HEALTH PROTECTION
Jazyk :Anglicky
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Plný text: AA2003/ACT/Annex II/en 2086 17. CONSUMERS AND HEALTH PROTECTION 32000 D 0323: Commission Decision 2000/323/EC of 4 May 2000 setting up a Consumer Committee (notified under document number C (2000) 408) (OJ L 111, 9.5.2000, p. 30). In Article 3, in the first indent, "15" is replaced by "25". 18. COOPERATION IN THE FIELDS OF JUSTICE AND HOME AFFAIRS A. JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERS 1. 32000 R 1346: Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 160, 30.6.2000, p. 1). (a) The following is added to Article 44(1): "(l) the Convention between the Federative People's Republic of Yugoslavia and the Kingdom of Greece on the Mutual Recognition and Enforcement of Judgments, signed at Athens on 18 June 1959; (m) the Agreement between the Federative People's Republic of Yugoslavia and the Republic of Austria on the Mutual Recognition and Enforcement of Arbitral Awards and Arbitral Settlements in Commercial Matters, signed at Belgrade on 18 March 1960; (n) the Convention between the Federative People's Republic of Yugoslavia and the Republic of Italy on Mutual Judicial Cooperation in Civil and Administrative Matters, signed at Rome on 3 December 1960; (o) the Agreement between the Socialist Federative Republic of Yugoslavia and the Kingdom of Belgium on Judicial Cooperation in Civil and Commercial Matters, signed at Belgrade on 24 September 1971; (p) the Convention between the Governments of Yugoslavia and France on the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed at Paris on 18 May 1971; (q) the Agreement between the Czechoslovak Socialist Republic and the Hellenic Republic on Legal Aid in Civil and Criminal Matters, signed at Athens on 22 October 1980, still in force between the Czech Republic and Greece; (r) the Agreement between the Czechoslovak Socialist Republic and the Republic of Cyprus on Legal Aid in Civil and Criminal Matters, signed at Nicosia on 23 April 1982, still in force between the Czech Republic and Cyprus; (s) the Treaty between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of France on Legal Aid and the Recognition and Enforcement of Judgments in Civil, Family and Commercial Matters, signed at Paris on 10 May 1984, still in force between the Czech Republic and France; (t) the Treaty between the Czechoslovak Socialist Republic and the Italian Republic on Legal Aid in Civil and Criminal Matters, signed at Prague on 6 December 1985, still in force between the Czech Republic and Italy; (u) the Agreement between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania on Legal Assistance and Legal Relationships, signed at Tallinn on 11 November 1992; (v) the Agreement between Estonia and Poland on Granting Legal Aid and Legal Relations on Civil, Labour and Criminal Matters, signed at Tallinn on 27 November 1998; (w) the Agreement between the Republic of Lithuania and the Republic of Poland on Legal Assistance and Legal Relations in Civil, Family, Labour and Criminal Matters, signed in Warsaw on 26 January 1993."; (b) In Annex A, the following is inserted between the entries for Belgium and Germany: "ÈESKÁ REPUBLIKA – Konkurs – Nucené vyrovnání – Vyrovnání" and, between the entries for Germany and Greece: "EESTI – Pankrotimenetlus" and, between the entries for Italy and Luxembourg: "ÊÕÐÑOÓ – Õðï÷ñåùôéêÞ åêêáèÜñéóç áðü ôï ÄéêáóôÞñéï (Compulsory winding up by the court) – Åêïýóéá åêêáèÜñéóç áðü ðéóôùôÝò êáôüðéí Äéêáóôéêïý ÄéáôÜãìáôïò (Creditor's voluntary winding up by court order) – Åêïýóéá åêêáèÜñéóç áðü ìÝëç (Company's (members) voluntary winding up) – ÅêêáèÜñéóç ìå ôçí åðïðôåßá ôïõ Äéêáóôçñßïõ (Winding up subject to the supervision of the court) – Ðôþ÷åõóç êáôüðéí Äéêáóôéêïý ÄéáôÜãìáôïò (Bankruptcy by court order) – Äéá÷åßñéóç ôçò ðåñéïõóßáò ðñïóþðùí ðïõ áðåâßùóáí áöåñÝããõá (The administration of the estate of persons dying insolvent) LATVIJA – maksâtnespçja LIETUVA – Bankroto byla – Bankroto procedûra – Likvidavimo procedûra" and, between the entries for Luxembourg and the Netherlands: "MAGYARORSZÁG – Csõdeljárás – Felszámolási eljárás MALTA – Falliment – Stralċ permezz tal-Qorti – Stralċ volontarju tal-kredituri" and, between the entries for Austria and Portugal: "POLSKA – Postêpowanie upad³oœciowe, – Postêpowanie uk³adowe" and, between the entries for Portugal and Finland: "SLOVENIJA – Steèajni postopek – Skrajšani steèajni postopek – Postopek prisilne poravnave – Prisilna poravnava v steèaju – Likvidacija pravne osebe pred sodišèem SLOVENSKO – Konkurzné konanie – Nútené vyrovnanie – Vyrovnanie."; (c) In Annex B, the following is inserted between the entries for Belgium and Germany: "ÈESKÁ REPUBLIKA – Konkurs – Nucené vyrovnání" and, between the entries for Germany and Greece: "EESTI – Pankrotimenetlus" and, between the entries for Italy and Luxembourg: "ÊÕÐÑOÓ – Õðï÷ñåùôéêÞ åêêáèÜñéóç áðü ôï ÄéêáóôÞñéï (Compulsory winding up by the court) – ÅêêáèÜñéóç ìå ôçí åðïðôåßá ôïõ Äéêáóôçñßïõ (Winding up subject to the supervision of the court) – Åêïýóéá åêêáèÜñéóç áðü ðéóôùôÝò (ìå ôçí åðéêýñùóç ôïõ Äéêáóôçñßïõ) (Creditor's voluntary winding up (with confirmation by the court)) – Ðôþ÷åõóç (Bankruptcy) – Äéá÷åßñéóç ôçò ðåñéïõóßáò ðñïóþðùí ðïõ áðåâßùóáí áöåñÝããõá (The administration of the estate of persons dying insolvent) LATVIJA – bankrots – likvidâcija – sanâcija LIETUVA – Likvidavimo procedûra" and, between the entries for Luxembourg and the Netherlands: "MAGYARORSZÁG – Csõdeljárás – Felszámolási eljárás MALTA – Falliment – Stralċ permezz tal-Qorti – Stralċ volontarju tal-kredituri" and, between the entries for Austria and Portugal: "POLSKA – Postêpowanie upad³oœciowe" and, between the entries for Portugal and Finland: "SLOVENIJA – Steèajni postopek – Skrajšani steèajni postopek – Likvidacija pravne osebe pred sodišèem SLOVENSKO – Konkurzné konanie – Nútené vyrovnanie – Vyrovnanie"; (d) In Annex C, the following is inserted between the entries for Belgium and Germany: "ÈESKÁ REPUBLIKA - Správce podstaty - Pøedbìžný správce - Vyrovnací správce - Zvláštní správce - Zástupce správce" and, between the entries for Germany and Greece: "EESTI – Pankrotihaldur – Ajutine pankrotihaldur – Usaldusisik" and, between the entries for Italy and Luxembourg: "ÊÕÐÑOÓ – ÅêêáèáñéóôÞò êáé Ðñïóùñéíüò ÅêêáèáñéóôÞò (Liquidator and Provisional liquidator) – Åðßóçìïò ÐáñáëÞðôçò (Official Receiver) – Äéá÷åéñéóôÞò ôçò Ðôþ÷åõóçò (Trustee in bankruptcy) – ÅîåôáóôÞò (Examiner) LATVIJA – administrators – tiesu izpildîtâjs – likvidators LIETUVA – Ámonës administratorius – Ámonës likvidatorius" and, between the entries for Luxembourg and the Netherlands: "MAGYARORSZÁG – Vagyonfelügyelõ – Felszámoló MALTA – Kuratur tal-fallut – Likwidatur – Riċevitur uffiċjali" and, between the entries for Austria and Portugal: "POLSKA – Syndyk – Nadzorca s¹dowy" and, between the entries for Portugal and Finland: "SLOVENIJA – Poravnalni senat (senat treh sodnikov) – Upravitelj prisilne poravnave – Steèajni senat (senat treh sodnikov) – Steèajni upravitelj – Upniški odbor – Likvidacijski senat (kot steèajni senat, èe sodišèe ne odloèi drugaèe) – Likvidacijski upravitelj (kot steèajni upravitelj, èe sodišèe ne odloèi drugaèe) SLOVENSKO – Predbežný správca – Konkurzný správca – Vyrovnací správca – Osobitný správca". 2. 32000 R 1347: Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (OJ L 160, 30.6.2000, p. 19), as amended by: - 32002 R 1185: Commission Regulation (EC) No 1185/2002 of 1.7.2002 (OJ L 173, 3.7.2002, p. 3). (a) The following is added to Article 40(3): "(c) Agreement between the Holy See and Malta on the recognition of civil effects to canonical marriages and to decisions of ecclesiastical authorities and tribunals on those marriages of 3 February 1993, with the second Additional Protocol of 6 January 1995."; (b) Article 40(4) is replaced by the following: "(4) Recognition of the decisions provided for in paragraph 2 may, in Spain, Italy and Malta respectively, be subject to the same procedures and the same checks as are applicable to decisions of the ecclesiastical courts handed down in accordance with the international treaties concluded with the Holy See referred to in paragraph 3."; (c) In Annex I, the following is inserted between the entries for Belgium and Germany: "– in the Czech Republic, the "okresní soud" or "soudní exekutor"," and, between the entries for Germany and Greece: "– in Estonia, the "maakohus" or the "linnakohus"," and, between the entries for Italy and Luxembourg: "– in Cyprus, the "Ïéêïãåíåéáêü ÄéêáóôÞñéï", – in Latvia, the "bâriòtiesa" or "pagasttiesa", – in Lithuania, the "Lietuvos apeliacinis teismas"," and, between the entries for Luxembourg and the Netherlands: "– in Hungary, the "megyei bíróság székhelyén mûködõ helyi bíróság", and in Budapest, the "Budai Központi Kerületi Bíróság", – in Malta, the "Prim' Awla tal-Qorti Ċivili" or "il-Qorti tal-Maġistrati ta' Għawdex fil-ġurisdizzjoni superjuri tagħha"," and, between the entries for Austria and Portugal: "– in Poland, the "S¹d Okrêgowy"," and, between the entries for Portugal and Finland: "– in Slovenia, the "Okrajno sodišèe", – in Slovakia, the "okresný súd"."; (d) In Annex II, the following is inserted between the entries for Belgium and Germany: "– in the Czech Republic, the "okresní soud"," and, between the entries for Germany and Greece: "– in Estonia, the "ringkonnakohus"," and, between the entries for Italy and Luxembourg: "– in Cyprus, the "Ïéêïãåíåéáêü ÄéêáóôÞñéï", – in Latvia, the "apgabaltiesa", – in Lithuania, the "Lietuvos Aukšèiausiasis Teismas"," and, between the entries for Luxembourg and the Netherlands: "– in Hungary, the "megyei bíróság", and in Budapest the "Fõvárosi Bíróság", – in Malta, the "Qorti tal-Appell" in accordance with the procedure laid down for appeals in the Kodiċi tal-Organizzazzjoni u Proċedura Ċivili – Kap. 12," and, between the entries for Austria and Portugal: "– in Poland, the "S¹d Apelacyjny"," and, between the entries for Portugal and Finland: "– in Slovenia, the "Višje sodišèe", – in Slovakia, the "krajský súd"."; (e) In Annex III, the first indent is replaced by the following: "– in Belgium, Greece, Spain, France, Italy, Latvia, Luxembourg and the Netherlands, by an appeal in cassation,"; (f) In the same Annex the following is inserted immediately before the entry for Germany: "– in the Czech Republic, by a "dovolání" and a "žaloba pro zmateènost"," and, between the entries for Germany and Ireland: "– in Estonia, by "kassatsioonkaebus"," and, between the entries for Ireland and Austria: "– in Cyprus, by an appeal to the Áíþôáôï ÄéêáóôÞñéï (Supreme Court), – in Lithuania, by a retrial, only in cases prescribed by statute, – in Hungary, "felülvizsgálati kérelem"," and, between the entries for Austria and Portugal: "– in Poland, by an appeal in cassation to the "S¹d Najwy¿szy"," and, between the entries for Portugal and Finland: "– in Slovenia, by a retrial, only in cases prescribed by statute.". 3. 32001 R 0044: Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1), as amended by: – 32002 R 1496: Commission Regulation (EC) No 1496/2002 of 21.8.2002 (OJ L 225, 22.8.2002, p. 13). (a) Article 65 is replaced by the following: "1. The jurisdiction specified in Article 6(2) and Article 11 in actions on a warranty of guarantee or in any other third party proceedings may not be resorted to Germany, Austria and Hungary. Any person domiciled in another Member State may be sued in the courts: (a) of Germany, pursuant to Articles 68 and 72 to 74 of the Code of Civil Procedure (Zivilprozessordnung) concerning third-party notices; (b) of Austria, pursuant to Article 21 of the Code of Civil Procedure (Zivilprozessordnung) concerning third-party notices; (c) of Hungary, pursuant to Articles 58 to 60 of the Code of Civil Procedure (Polgári perrendtartás) concerning third-party notices. 2. Judgments given in other Member States by virtue of Article 6(2), or Article 11 shall be recognised and enforced in Germany, Austria and Hungary in accordance with Chapter III. Any effects which judgments given in these States may have on third parties by application of the provisions in paragraph 1 shall also be recognised in the other Member States."; (b) The following is added to Article 69: "– the Convention between the Czechoslovak Republic and Portugal on the Recognition and Enforcement of Court Decisions, signed at Lisbon on 23 November 1927, still in force between the Czech Republic and Portugal, – the Convention between the Federative People's Republic of Yugoslavia and the Republic of Austria on Mutual Judicial Cooperation, signed at Vienna on 16 December 1954, – the Convention between the Polish People's Republic and the Hungarian People's Republic on the Legal Assistance in Civil, Family and Criminal Matters, signed at Budapest on 6 March 1959, – the Convention between the Federative People's Republic of Yugoslavia and the Kingdom of Greece on the Mutual Recognition and Enforcement of Judgments, signed at Athens on 18 June 1959, – the Convention between the Polish People's Republic and the Federative People's Republic of Yugoslavia on the Legal Assistance in Civil and Criminal Matters, signed at Warsaw on 6 February 1960, now in force between Poland and Slovenia, – the Agreement between the Federative People's Republic of Yugoslavia and the Republic of Austria on the Mutual Recognition and Enforcement of Arbitral Awards and Arbitral Settlements in Commercial Matters, signed at Belgrade on 18 March 1960, – the Agreement between the Federative People's Republic of Yugoslavia and the Republic of Austria on the Mutual Recognition and Enforcement of Decisions in Alimony Matters, signed at Vienna on 10 October 1961, – the Convention between Poland and Austria on Mutual Relations in Civil Matters and on Documents, signed at Vienna on 11 December 1963, – the Treaty between the Czechoslovak Socialist Republic and the Socialist Federative Republic of Yugoslavia on Settlement of Legal Relations in Civil, Family and Criminal Matters, signed at Belgrade on 20 January 1964, still in force between the Czech Republic, Slovakia and Slovenia, – the Convention between Poland and France on Applicable Law, Jurisdiction and the Enforcement of Judgments in the Field of Personal and Family Law, concluded in Warsaw on 5 April 1967, – the Convention between the Governments of Yugoslavia and France on the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed at Paris on 18 May 1971, – the Convention between the Federative Socialist Republic of Yugoslavia and the Kingdom of Belgium on the Recognition and Enforcement of Court Decisions in Alimony Matters, signed at Belgrade on 12 December 1973, – the Convention between Hungary and Greece on Legal Assistance in Civil and Criminal Matters, signed at Budapest on 8 October 1979, – the Convention between Poland and Greece on Legal Assistance in Civil and Criminal Matters, signed at Athens on 24 October 1979, – the Convention between Hungary and France on Legal Assistance in Civil and Family Law, on the Recognition and Enforcement of Decisions and on Legal Assistance in Criminal Matters and on Extradition, signed at Budapest on 31 July 1980, – the Treaty between the Czechoslovak Socialist Republic and the Hellenic Republic on Legal Aid in Civil and Criminal Matters, signed at Athens on 22 October 1980, still in force between the Czech Republic, Slovakia and Greece, – the Convention between the Republic of Cyprus and the Hungarian People´s Republic on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 30 November 1981, – the Treaty between the Czechoslovak Socialistic Republic and the Republic of Cyprus on Legal Aid in Civil and Criminal Matters, signed at Nicosia on 23 April 1982, still in force between the Czech Republic, Slovakia and Cyprus, – the Agreement between the Republic of Cyprus and the Republic of Greece on Legal Cooperation in Matters of Civil, Family, Commercial and Criminal Law, signed at Nicosia on 5 March 1984, – the Treaty between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of France on Legal Aid and the Recognition and Enforcement of Judgments in Civil, Family and Commercial Matters, signed at Paris on 10 May 1984, still in force between the Czech Republic, Slovakia and France, – the Agreement between the Republic of Cyprus and the Socialist Federal Republic of Yugoslavia on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 19 September 1984, now in force between Cyprus and Slovenia, – the Treaty between the Czechoslovak Socialist Republic and the Italian Republic on Legal Aid in Civil and Criminal Matters, signed at Prague on 6 December 1985, still in force between the Czech Republic, Slovakia and Italy, – the Treaty between the Czechoslovak Socialist Republic and the Kingdom of Spain on Legal Aid, Recognition and Enforcement of Court Decisions in Civil Matters, signed at Madrid on 4 May 1987, still in force between the Czech Republic, Slovakia and Spain, – the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on Legal Aid and Settlement of Legal Relations in Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21 December 1987, still in force between the Czech Republic, Slovakia and Poland, – the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on Legal Aid and Settlement of Legal Relations in Civil, Family and Criminal Matters, signed at Bratislava on 28 March 1989, still in force between the Czech Republic, Slovakia and Hungary, – the Convention between Poland and Italy on Judicial Assistance and the Recognition and Enforcement of Judgments in Civil Matters, signed at Warsaw on 28 April 1989, – the Treaty between the Czech Republic and the Slovak Republic on Legal Aid provided by Judicial Bodies and on Settlements of Certain Legal Relations in Civil and Criminal Matters, signed at Prague on 29 October 1992, – the Agreement between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania on Legal Assistance and Legal Relationships, signed at Tallinn on 11 November 1992, – the Agreement between the Republic of Poland and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family, Labour and Criminal Matters, signed in Warsaw on 26 January 1993, – the Agreement between the Republic of Latvia and the Republic of Poland on Legal Assistance and Legal Relationships in Civil, Family, Labour and Criminal Matters, signed at Riga on 23 February 1994, – the Agreement between the Republic of Cyprus and the Republic of Poland on Legal Cooperation in Civil and Criminal Matters, signed at Nicosia on 14 November 1996, – the Agreement between Estonia and Poland on Granting Legal Assistance and Legal Relations on Civil, Labour and Criminal Matters, signed at Tallinn on 27 November 1998."; (c) In Annex I, the following is inserted between the entries for Belgium and Germany: "– in the Czech Republic: Article 86 of Act No 99/1963 Coll., the Code of Civil Procedure (obèanský soudní øád), as amended," and, between the entries for Germany and Greece: "– in Estonia: Article 139, paragraph 2 of the Code of Civil Procedure (tsiviilkohtumenetluse seadustik)," and, between the entries for Italy and Luxembourg: "– in Cyprus: section 21(2) of the Courts of Justice Law No 14 of 1960, as amended, – in Latvia: Articles 7 to 25 of the Civil Law (Civillikums), – in Lithuania: Article 31 of the Code of Civil Procedure (Civilinio proceso kodeksas)," and, between the entries for Luxembourg and the Netherlands: "– in Hungary: Article 57 of Law Decree No. 13 of 1979 on International Private Law (a nemzetközi magánjogról szóló 1979. évi 13. törvényerejû rendelet), – in Malta: Articles 742, 743 and 744 of the Code of Organisation and Civil Procedure – Cap. 12 (Kodiċi ta' Organizzazzjoni u Proċedura Ċivili – Kap. 12) and Article 549 of the Commercial Code – Cap. 13 (Kodiċi tal-kummerċ – Kap. 13)," and, between the entries for Austria and Portugal: "– in Poland: Articles 1103 and 1110 of the Code of Civil Procedure (Kodeks postêpowania cywilnego)," and, between the entries for Portugal and Finland: "– in Slovenia: Articles 48(2) and 58 of the Private International Law and Procedure Act (Zakon o mednarodnem zasebnem pravu in postopku), – in Slovakia: sections 37, 39 (only as regards maintenance) and 46 of Act No 97/1963 Zb. on Private International Law and Rules of Procedure relating thereto."; (d) In Annex II, the following is inserted between the entries for Belgium and Germany: "– in the Czech Republic, the "okresní soud" or "soudní exekutor"," and, between the entries for Germany and Greece: "– in Estonia, the "maakohus" or the "linnakohus"," and, between the entries for Italy and Luxembourg: "– in Cyprus, the "Åðáñ÷éáêü ÄéêáóôÞñéï" or in the case of a maintenance judgment the "Ïéêïãåíåéáêü ÄéêáóôÞñéï", – in Latvia, the "rajona (pilsçtas) tiesa", – in Lithuania, the "Lietuvos apeliacinis teismas"," and, between the entries for Luxembourg and the Netherlands: "– in Hungary, the "megyei bíróság székhelyén mûködõ helyi bíróság", and in Budapest the "Budai Központi Kerületi Bíróság", – in Malta, the "Prim' Awla tal-Qorti Ċivili" or "Qorti tal-Maġistrati ta' Għawdex fil-ġurisdizzjoni superjuri tagħha", or, in the case of a maintenance judgment, the "Reġistratur tal-Qorti" on transmission by the "Ministru responsabbli għall-Ġustizzja"," and, between the entries for Austria and Portugal: "– in Poland, the "S¹d Okrêgowy"," and, between the entries for Portugal and Finland: "– in Slovenia, the "Okrajno sodišèe", – in Slovakia, the "okresný súd" or "exekútor"."; (e) In Annex III, the following is inserted between the entries for Belgium and Germany: "– in the Czech Republic, the "okresní soud"," and, between the entries for Germany and Greece: "– in Estonia, the "ringkonnakohus"," and, between the entries for Italy and Luxembourg: "– in Cyprus, the "Åðáñ÷éáêü ÄéêáóôÞñéï" or in the case of a maintenance judgment the "Ïéêïãåíåéáêü ÄéêáóôÞñéï", – in Latvia, the "Apgabaltiesa", – in Lithuania, the "Lietuvos Aukšèiausiasis Teismas"," and, between the entries for Luxembourg and the Netherlands: "– in Hungary, the "megyei bíróság"; in Budapest, the "Fõvárosi Bíróság", – in Malta, the "Qorti ta’ l-Appell" in accordance with the procedure laid down for appeals in the Kodiċi ta' Organizzazzjoni u Proċedura Ċivili – Kap.12 or in the case of a maintenance judgment by "ċitazzjoni" before the "Prim' Awla tal-Qorti ivili jew il-Qorti tal-Maġistrati ta' Għawdex fil-ġurisdizzjoni superjuri tagħha'"," and, between the entries for Austria and Portugal: "– in Poland, the "S¹d Apelacyjny"," and, between the entries for Portugal and Finland: "– in Slovenia, the "Višje sodišèe", – in Slovakia, "odvolanie" to the "krajský súd" or "námietka" to the "okresný súd" in cases of execution ordered by the "exekútor"."; (f) In Annex IV, the following is inserted between the entries for Belgium and Germany: "– in the Czech Republic, a "dovolání" and a "žaloba pro zmateènost"," and, between the entries for Germany and Greece: "– in Estonia, a "kassatsioonkaebus"," and, between the entries for Ireland and Austria: "– in Cyprus, an appeal to the Supreme Court, – in Latvia, an appeal to the "Augstâkâ tiesa", – in Lithuania, by a retrial, only in cases prescribed by statute, – in Hungary, "felülvizsgálati kérelem", – in Malta, no further appeal lies to any other court; in the case of a maintenance judgment the "Qorti ta’ l-Appell" in accordance with the procedure laid down for appeal in the "kodiċi ta' Organizzazzjoni u Procedura Ċivili – Kap. 12"," and, between the entries for Austria and Portugal: "– in Poland, by an appeal in cassation to the "S¹d Najwy¿szy"," and, between the entries for Portugal and Finland: "– in Slovenia, the "retrial, only in cases prescribed by statute", – in Slovakia "odvolanie" in cases of execution ordered by the "exekútor" to the "Krajský súd".". B. Visa policy 1. 31995 R 1683: Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1), as amended by: – 32002 R 0334: Council Regulation (EC) No 334/2002 of 18.2.2002 (OJ L 53, 23.2.2002, p. 7). In the Annex, point 3 is replaced by the following: "3. The logo consisting of a letter or letters indicating the issuing Member State (or "BNL" in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90°. The following logos shall be used: A for Austria, BNL for Benelux, CY for Cyprus, CZE for the Czech Republic, D for Germany, DK for Denmark, E for Spain, EST for Estonia, F for France, FIN for Finland, GR for Greece, H for Hungary, I for Italy, IRL for Ireland, LT for Lithuania, LVA for Latvia, M for Malta, P for Portugal, PL for Poland, S for Sweden, SK for Slovakia, SVN for Slovenia, UK for the United Kingdom.". 2. 41999 D 0013: the definitive versions of the Common Manual and the Common Consular Instructions (SCH/Com-ex (99)) 13 (OJ L 239, 22.9.2000, p. 317), as adopted by Decision of the Executive Committee of 28 April 1999, have since been amended by the acts listed below. Revised versions of the Common Consular Instructions and Common Manual containing those amendments and including other amendments made pursuant to the provisions of Council Regulations (EC) Nos 789/2001 and 790/2001 of 24 April 2001 (OJ L 116, 26.4.2001, p. 2 and 5), have been published in OJ C 313, 16.12.2002, pp. 1 and 97. – 32001 D 0329: Council Decision 2001/329/EC of 24.4.2001 (OJ L 116, 26.4.2001, p. 32), – 32001 D 0420: Council Decision 2001/420/EC of 28.5.2001 (OJ L 150, 6.6.2001, p. 47), – 32001 R 0539: Council Regulation (EC) No 539/2001 of 15.3.2001 (OJ L 81, 21.3.2001, p. 1), – 32001 R 1091: Council Regulation (EC) No 1091/2001 of 28.5.2001 (OJ L 150, 6.6.2001, p. 4), – 32001 R 2414: Council Regulation (EC) No 2414/2001 of 7.12.2001 (OJ L 327, 12.12.2001, p. 1), – 32002 D 0044: Council Decision 2002/44/EC of 20.12.2001 (OJ L 20, 23.1.2002, p. 5), – 32002 R 0334: Council Regulation (EC) No 334/2002 of 18.2.2002 (OJ L 53, 23.2.2002, p. 7), – 32002 D 0352: Council Decision 2002/352/EC of 25.4.2002 (OJ L 123, 9.5.2002, p. 47), – 32002 D 0354: Council Decision 2002/354/EC of 25.4.2002 (OJ L 123, 9.5.2002, p. 50), – 32002 D 0585: Council Decision 2002/585/EC of 12.7.2002 (OJ L 187, 16.7.2002, p. 44), – 32002 D 0586: Council Decision 2002/586/EC of 12.7.2002 (OJ L 187, 16.7.2002, p. 48), – 32002 D 0587: Council Decision 2002/587/EC of 12.7.2002 (OJ L 187, 16.7.2002, p. 50). The following adaptations are made to the Common Consular Instructions: (a) In Annex 1, part II, the following entries are deleted: "CYPRUS", "CZECH REPUBLIC", "ESTONIA", "HUNGARY", "LITHUANIA", "LATVIA", "MALTA", "POLAND", "SLOVENIA", "SLOVAKIA". AA2003/ACT/Annex II/en 2141 (b) In Annex 2, Schedule A is replaced by the following: "Schedule A Countries whose nationals are NOT subject to a visa requirement in one or more Schengen States when they are holders of diplomatic, official or service passports, but who are subject to this requirement when they are holders of ordinary passports BNL CZ DK D EE EL E F I CY LV LT HU MT A PL P SI SK FIN S ISL N Albania DS D DS D DS DS DS Algeria DS D Holders of diplomatic passports who are posted in Hungary shall be subject to visa requirements during their first entry, but shall be exempt from these requirements during the rest of their assignment. DS Angola DS Antigua and Barbuda DS Armenia DS D Azerbaijan DS Bahamas DS Barbados DS DS BNL CZ DK D EE EL E F I CY LV LT HU MT A PL P SI SK FIN S ISL N Belarus DS Benin DS DS Bosnia and Herzegovina D DS D D DS Bolivia DS Botswana DS Burkina Faso DS Cambodia DS Cape Verde DS Chad D DS People's Republic of China DS DS DS DS DS Colombia DS DS DS Côte d'Ivoire DS DS DS DS BNL CZ DK D EE EL E F I CY LV LT HU MT A PL P SI SK FIN S ISL N Cuba DS DS DS Dominica DS Dominican Republic DS Egypt DS DS DS Federal Republic of Yugoslavia DS DS D DS Fiji DS Former Yugoslav Republic of Macedonia D DS D DS DS D DS DS DS Gabon D Gambia DS Ghana DS Guyana DS Georgia DS India DS D BNL CZ DK D EE EL E F I CY LV LT HU MT A PL P SI SK FIN S ISL N Iran DS D D Jamaica DS D Kazakhstan DS Kenya D Kuwait DS Kyrgyzstan DS Laos DS DS DS Lesotho DS Malawi DS D Maldives DS Morocco DS DS D DS D D DS DS DS DS DS DS DS Mauritania DS Moldova DS D DS Mongolia DS DS Mozambique DS BNL CZ DK D EE EL E F I CY LV LT HU MT A PL P SI SK FIN S ISL N Namibia D Niger DS Pakistan DS DS DS D DS DS DS DS DS Peru DS D DS DS DS DS DS DS DS D DS Philippines DS DS DS DS DS DS DS DS DS DS DS DS DS Russian Federation DS DS São Tomé and Príncipe DS Senegal D DS D DS DS Seychelles DS D South Africa DS D DS DS DS DS DS DS DS DS Swaziland DS D Tajikistan DS BNL CZ DK D EE EL E F I CY LV LT HU MT A PL P SI SK FIN S ISL N Thailand DS DS DS DS DS DS DS DS DS DS DS DS Togo DS Trinidad and Tobago DS Tunisia DS DS D DS D D DS DS DS DS DS Turkey DS DS DS DS D DS DS DS DS D DS DS DS DS D DS DS DS DS DS DS Turkmenistan DS Uganda DS Ukraine D D DS Uzbekistan D Vietnam D DS Western Samoa DS Yemen DS D Zimbabwe DS DS: Holders of diplomatic and service passports are exempt from visa requirements. D: Only holders of diplomatic passports are exempt from a visa requirement."; (c) In Annex 2, Schedule B is replaced by the following: "Schedule B Countries whose nationals are subject to a visa requirement in one or more Schengen States when they are holders of diplomatic, official or service passports, but who are NOT subject to this requirement when they are holders of ordinary passports BNL DK D EE EL E F I A P SK FIN S ISL N Australia X If travelling on offical business"; Chile X Israel X Mexico X United States of America X X X (d) In Part I of Annex 3, footnote 2 is replaced by the following: "For the Benelux countries, the Czech Republic, Estonia, Spain, France, Hungary and Slovakia The following persons shall be exempt from the ATV requirement: – holders of diplomatic and service passports"; "For Slovenia The following persons shall be exempt from the ATV requirement: – holders of diplomatic and service passports – flight crew who are nationals of a contracting Party to the ICAO Chicago Convention."; (e) In Part I of Annex 3, footnote 3 is replaced by the following: "For Germany and Cyprus The following persons shall be exempt from the ATV requirement: – holders of diplomatic and service passports. For Poland The following persons shall be exempt from the ATV requirement: – holders of diplomatic passports."; (f) In Part II of Annex 3, the list is replaced by the following: "PART II Joint list of third countries whose nationals are subject to an airport transit visa requirement by some Schengen States only, with holders of travel documents issued by these third countries also being subject to this requirement. BNL2 CZ DK D EE4 EL E3 F4 I5 CY LT HU A1 PL P FIN S ISL N Albania X Angola X X X X X X Cameroon X Congo X Côte d'Ivoire X X Cuba X Egypt X7 Gambia X Guinea X X X Guinea Bissau X Haiti X X India X8 X6 X X X6 X Indonesia X Jordan X Lebanon X X X7 X Liberia X X X X X X Libya X X Mali X X Northern Marianas X Philippines X Rwanda X Senegal X X X X Sierra Leone X X X X Sudan X X X X X X X Syria X X4 X X X X9 X Togo X X Turkey X6 X X X Vietnam X 1. Aliens subject to transit visa obligations do not require an airport transit visa (ATV) for transit via an Austrian airport provided they hold one of the following documents that is valid for the length of the stay necessary for the transit: – a residence permit issued by Andorra, Japan, Canada, Monaco, San Marino, Switzerland, the Holy See or the USA which guarantees the right to return; – a visa or residence permit issued by a Schengen State for which the Accession Agreement has been brought into force; – a residence permit issued by a Member State of the EEA. 2. Only when nationals are not in possession of a valid residence permit for the Member States of the EEA, the United States or Canada. Holders of diplomatic, service or special passports are also exempt. 3. Holders of diplomatic, official and service passports are not subject to the ATV requirement. The same applies to holders of ordinary passports residing in a Member State of the EEA, the United States or Canada, or in possession of an entry visa valid for one of these countries. 4. The following persons shall be exempt from the ATV requirement : – holders of diplomatic and service passports; – holders of one of the residence permits listed in Part III; – flight crew who are nationals of a Contracting Party to the Chicago Convention. 5. Only when nationals are not in possession of a valid residence permit for the Member States of the EEA, Canada or the United States. 6. Only when nationals are not in possession of a valid visa or residence permit for a Member State of the EU or a State party to the Agreement on the European Economic Area of 2 May 1992, Canada, Switzerland or the United States. 7. Only for holders of the travel document for Palestinian refugees. 8. Indian nationals are not subject to the ATV requirement if they are holders of a diplomatic or service passport. Indian nationals are also not subject to the ATV requirement if they are in possession of a valid visa or residence permit for a country of the EU or the EEA or for Canada, Switzerland or the United States. In addition, Indian nationals are not subject to the ATV requirement if they are in possession of a valid residence permit for Andorra, Japan, Monaco or San Marino and a re-entry permit for their country of residence valid for three months following their airport transit. It should be noted that the exception concerning Indian nationals in possession of a valid residence permit for Andorra, Japan, Monaco or San Marino enters into force on the date of Denmark's integration into Schengen cooperation, i.e. on 25 March 2001. 9. Also for holders of the travel document for Palestinian refugees."; (g) In Annex 7, the following is inserted between the entries for Belgium and Denmark: "CZECH REPUBLIC Reference amounts are fixed by Act No 326/1999 Sb. on Residence of Aliens in the Territory of the Czech Republic and Amendments of Some Acts. According to Section 5 of the Act on Residence of Aliens in the Territory of the Czech Republic on the request of the Police, an alien shall be obliged to submit a document confirming that funds are available for his/her stay in the Territory (Section 13) or a certified invitation not older than 90 days from the date of its certification by the Police (Sections 15 and 180), Section 13 provides the following: "Funds to Cover the Stay in the Territory (1) Unless provided otherwise below, the following shall be submitted to prove the availability of funds for the stay in the Territory: (a) funds amounting at least to the following: – 0,5 times the subsistence minimum set out under a special legal regulation as required to cover maintenance and other basic personal needs (hereinafter the "Subsistence Minimum for Personal Needs") per day of stay if the total period of stay is not to exceed 30 days, – 15 times the Subsistence Minimum for Personal Needs if the period of stay in the Territory is to exceed 30 days while this sum shall be increased to double the subsistence minimum for each whole month of expected stay in the Territory, – 50 times the Subsistence Minimum for Personal Needs in case of stay for the purposes of business activity the total period of which is to exceed 90 days, or – a document confirming the payment of services connected with the stay of the alien in the Territory or a document confirming that services will be provided free of charge. (2) Instead of funds as referred to in sub-section 1, the following may be used to prove the availability of funds for the stay in the Territory: (a) a bank account statement in the name of the alien confirming that the alien is free to use funds in the amount as referred to in sub-section 1 during his stay in the Czech Republic; or (b) another document to certify that funds are available, such as a valid internationally recognised credit card. (3) An alien who will study in the Territory may submit, as proof of availability of funds for his stay, a commitment by a state authority or a legal entity to cover the stay of the alien by providing funds equivalent to the Subsistence Minimum for Personal Needs for 1 month of expected stay, or a document confirming that all costs related to his studies and stay shall be covered by the receiving organisation (school). If the sum referred to in the undertaking does not reach this amount, the alien shall be obliged to submit a document proving the ownership of funds equivalent to the difference between the Subsistence Minimum for Personal Needs and the amount of the commitment for the period of his expected stay, however, not more than 6 times the Subsistence Minimum for Personal Needs. Document on the provision of means for one's residence may be replaced by a decision or an agreement on the allocation of a grant acquired pursuant to an international treaty by which the Czech Republic is bound. (4) An alien who has not attained 18 years shall be obliged to prove the availability of funds for his stay pursuant to sub-section 1 equivalent to a half of the amount." and Section 15 provides the following: "Invitation In an invitation, the person inviting an alien shall undertake to cover the costs: (a) related to the maintenance of the alien throughout his stay in the Territory until he leaves the Territory; (b) related to the accommodation of the alien throughout his stay in the Territory until he leaves the Territory; (c) related to the provision of healthcare to the alien throughout his stay in the Territory until he leaves the Territory, and the transfer of the alien when ill or of the remains of the deceased; (d) arising to the Police in connection with the alien staying in the Territory and leaving the Territory in case of administrative expulsion."" and, between the entries for Germany and Greece: "ESTONIA Under Estonian law, aliens arriving into Estonia without a letter of invitation, shall upon request by a border guard official upon entry into the country provide proof of sufficient monetary means to cover the costs of his/her stay in and departure from Estonia. Sufficient monetary means for each allowed day is considered to be 0,2 times the monthly minimum salary implemented by the Government of the Republic. Otherwise the inviter shall assume responsibility for the costs of the alien's stay in and departure from Estonia." and, between the entries for Italy and Luxembourg: "CYPRUS According to the Aliens and Immigration Regulations (Regulation (9(2)(B)) the entry of aliens for temporary stay in the Republic depends on the discretionary power of the immigration officers at the borders, which is exercised according to the general or specific instructions of the Minister of Interior or to the provisions of the abovementioned Regulations. The immigration officers at the borders decide on the entry on a case by case basis, taking into consideration the purpose and length of stay, possible hotel reservations or hospitality by persons normally residing in Cyprus. LATVIA Article 81 of Cabinet of Ministers' Regulation No 131 of 6 April 1999, as amended by Cabinet of Ministers' Regulation No 124 of 19 March 2002, stipulates that upon the request of an official of the State Border Guard, an alien or a stateless person shall present the documents referred to in subparagraphs 67.2.2 and 67.2.8 of these Regulations: "67.2.2. a health resort or travel voucher confirmed in accordance with the regulatory enactments of the Republic of Latvia, or a tourist carnet prepared pursuant to a specified pattern and issued by the Alliance of International Tourism (AIT); 67.2.8. for the receipt of a single entry visa: 67.2.8.1. traveller's cheques in the convertible currency or cash in LVL or in convertible currency corresponding to LVL 60 for each day; if the person presents the documents proving the payment already made for a certified place of accommodation for the whole duration of his/her stay – traveller's cheques in the convertible currency or cash in LVL or in convertible currency corresponding to LVL 25 for each day; 67.2.8.2. a document which certifies the reservation of a certified place of accommodation; 67.2.8.3. a round trip ticket with fixed dates." LITHUANIA Pursuant to Article 7(1) of the Lithuanian Law on the Legal Status of Aliens, an alien shall be refused admission to the Republic of Lithuania where he is unable to prove that he has sufficient funds for the stay in the Republic of Lithuania, a return trip to his country or for proceeding to another country which he has the right to enter. However, there are no reference amounts for the above. Decisions are made on case-by-case basis depending on the purpose, type and duration of the stay." and, between the entries for Luxembourg and the Netherlands: "HUNGARY A reference amount is specified in the aliens policing legislation: under Decree No 25/2001. (XI. 21.) of the Minister of Interior, currently at least HUF 1000 is required upon each entry. Under Article 5 of the Aliens Act (Act XXXIX of 2001 on the Entry and Stay of Foreigners), the means of subsistence required for entry and stay may be certified by the presentation of: – Hungarian currency or foreign currency or non-cash means of payment (e.g. cheque, credit card etc.), – a valid letter of invitation issued by a Hungarian national, a foreigner holding a residence permit or settlement permit or a legal entity if the person inviting the foreigner declares to cover the costs of the accommodation, lodging, health care and return (repatriation). The official consent of the aliens policing authority shall be attached to the letter of invitation, – confirmation of board and lodging reserved and paid in advance by means of a travel agency (voucher), – any other credible proof. MALTA It is the practice to ensure that persons entering Malta would have a minimum amount of MTL20 (EUR 48) per day for the duration of their visit." and, between the entries for Austria and Portugal: "POLAND Amounts required for crossing borders are determined in the Ordinance of the Minister of Internal Affairs and Administration of 20 June 2002 on the amount of means to cover expenses concerning entry, transit, stay and departure of aliens crossing the border of the Republic of Poland and detailed rules of documentation evidencing possession of these means – Dz.U. 2002, Nr 91, poz. 815). Amounts indicated in the above regulation are as follows: – PLN 100 per day of stay for persons over 16 years old, but not less then 500 PLN, – PLN 50 per day of stay for persons under 16 years old, but not less then 300 PLN, – PLN 20 per day of stay, but not less then 100 PLN, for persons participating in tourist trips, youth camps, sport competitions or having costs of stay in Poland covered or arriving to Poland for health treatment in a sanatorium, – PLN 300 for persons over 16 years old, whose stay in Poland does not exceed 3 days (including transit), – PLN 150 for persons under 16 years old, whose stay in Poland does not exceed 3 days (including transit)," and, between the entries for Portugal and Finland: "SLOVENIA EUR 70 per person for each day of the planned stay. SLOVAKIA Pursuant to Article 4(2)(c) of Act No 48/2002 Z. z. on the Stay of Aliens, an alien is obliged, upon request, to prove he or she has a financial amount for the stay, in convertible currency, amounting to at least half the minimum wage provided for in Act No 90/1996 Z. z. on minimum wage, as amended, for each day of the stay; an alien younger than 16 years old is obliged to prove he or she has the financial means for the stay amounting to half of this."; (h) In the Annex to Annex 8, point 3 is replaced by the following: "3. The logo consisting of a letter or letters indicating the issuing Member State (or "BNL" in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90°. The following logos shall be used: A for Austria, BNL for Benelux, CY for Cyprus, CZE for the Czech Republic, D for Germany, DK for Denmark, E for Spain, EST for Estonia, F for France, FIN for Finland, GR for Greece, H for Hungary, I for Italy, IRL for Ireland, LT for Lithuania, LVA for Latvia, M for Malta, P for Portugal, PL for Poland, S for Sweden, SK for Slovakia, SVN for Slovenia, UK for the United Kingdom.". 2. 32001 R 0539: Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1), as amended by: – 32001 R 2414: Council Regulation (EC) No 2414/2001 of 7.12.2001 (OJ L 327, 12.12.2001, p. 1). In Annex II(1), the following entries are deleted: "Cyprus", "Czech Republic", "Estonia", "Hungary", "Latvia", "Lithuania", "Malta", "Poland", "Slovakia", "Slovenia". C. External borders 1. 41998 D 0059: Decision of the Executive Committee of 16 December 1998 on coordinated deployment of document advisers (SCH/Com-ex (98) 59 rev.) (OJ L 239, 22.9.2000, p. 308), In the annexed document SCH/I-front (98) 184 rev 3, the list "I-Choice of locations currently considered suitable for document adviser assignments" is replaced by the following: "On the basis of an evaluation of the current situation, consular representations and/or overseas offices of airlines and shipping companies at the following locations are considered suitable in principle for document adviser assignments (the list will be updated where the need arises): – Abidjan (Côte d'Ivoire) Airlines Representations: France, Portugal – Abu Dhabi (United Arab Emirates) Important transit airport for flights to Europe, so advice and training should be particularly for the benefit of the airlines – Accra (Ghana) Airlines – Ankara (Turkey) Airlines – Bamako (Mali) Airlines Representations: France – Bangkok (Thailand) Airlines – Beirut (Lebanon): Airlines Shipping Lines Representations: Cyprus – Bissau (Guinea Bissau) Airlines Representations: Portugal – Brazzaville (Congo) Airlines Representations: France – Cairo (Egypt): Airlines Shipping Lines Representations: Cyprus – Casablanca (Morocco) Airlines Representations: Spain – Colombo (Sri Lanka) Airlines Representations: France – Dacca (Bangladesh) Airlines Representations: France – Dakar (Senegal) Airlines Representations: France, Portugal, Spain – Damascus (Syria): Airlines Representations: Cyprus – Douala (Cameroon) Airlines Representations: France – Dubai (United Arab Emirates) Important transit airport for flights to Europe, which means that advice and training should be of particular benefit to airlines – Haiti Airlines Representations: France – Ho Chi Minh City (Vietnam) Airlines Representations: France – Hong Kong Airlines Representations: France – Islamabad (Pakistan) Airlines Representations: Spain – Istanbul (Turkey) Airlines Representations: Spain – Karachi (Pakistan) Airlines Representations: Germany (intensive advice and training desirable). – Kiev (Ukraine) Representations: Portugal – Kuwait Airlines – Lagos (Nigeria) Airlines Representations: Germany, France, Spain. – Lima (Peru) Airlines Representations: Spain – Luanda (Angola) Airlines Representations: Portugal – Macao Airlines Representations: Portugal – Malabo (Equatorial Guinea) Airlines Representations: Spain – Maputo (Mozambique) Airlines Representations: Portugal – Moscow (Russia) Airlines – Nador (Morocco) Representations: Spain – Nairobi (Kenya) Airlines Representations: Germany, France – Peking (China) Airlines Representations: France, Spain – Praia (Cape Verde) Airlines Representations: Portugal – Rabat (Morocco) Airlines Representations: Spain – Rio de Janeiro (Brazil) Airlines Representations: Portugal – S. Tomé (S. Tomé e Principe) Airlines Representations: Portugal – Sal (Cape Verde) Airlines Representations: Portugal – Sanaa (Yemen) Airlines – Santo Domingo (Dominican Republic) Airlines Representations: Spain – Shanghai (China) Airlines Representations: France – Skopje (Former Yugoslav Republic of Macedonia) Airlines – Tangiers (Morocco) Airlines Shipping companies Representations: Spain – Tetuan (Morocco) Representations: Spain – Tirana (Albania) Airlines – Tunis (Tunisia) Airlines – Yaounde (Cameroon) Airlines Representations: France".
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