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EU Article 4 対象外活動(Purpose and scope 日本語私訳)

第4条(対象外活動)

  1. 次の活動は対象外とする:

(a) 法的助言等であって、
(i) 紛争予防のための調停・和解手続における代理
(ii) 法令遵守のための助言
(iii) 依頼者の代理および基本的または手続的権利(聴聞権、公正な裁判を受ける権利、行政手続における防御権等)の保護に従事する弁護士またはその他の専門職による活動

(b) 法的手続における提出行為
(c) 社会対話における活動
(d) 機関からの要請に基づく情報提供
(e) 個人的活動
(f) 偶発的または非公式な会合

  1. 次の主体による活動も対象外とする:

(a) 加盟国の公的機関
(b) 公的機関のために専ら行動する場合に限り、その団体またはネットワーク
(c) 政府間機関
(d) 第三国の公的機関(一定の場合を除く)
(e) 政党(関連団体を除く)
(f) 宗教団体等(代表機関を除く)

Article 4

Activities not covered

  1. This Agreement shall not cover the following activities:

(a)

the provision of legal and other professional advice, where:

(i)

it consists of representing clients in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before a judicial or administrative body;

(ii)

the advice is given to clients to help them ensure that their activities comply with the existing legal framework; or

(iii)

it consists of representing clients and safeguarding their fundamental or procedural rights, such as the right to be heard, the right to a fair trial, and the right of defence in administrative proceedings, and includes activities carried out by lawyers or by any other professionals involved in representing clients and safeguarding their fundamental or procedural rights;

(b)

making submissions as a party or a third party in the framework of a legal or administrative procedure established by Union law or by international law applicable to the Union, and submissions based on a contractual relationship with any of the signatory institutions or based on a grant agreement financed by Union funds;

(c)

activities of the social partners acting as participants in social dialogue pursuant to Article 152 TFEU;

(d)

making submissions in response to direct and specific requests from any of the Union institutions, their representatives or staff, for factual information, data or expertise;

(e)

activities carried out by natural persons acting in a strictly personal capacity and not in association with others;

(f)

spontaneous meetings, meetings of a purely private or social character and meetings taking place in the context of an administrative procedure established by the TEU or TFEU or legal acts of the Union.

  1. This Agreement shall not cover activities carried out by the following bodies:

(a)

public authorities of Member States, including their permanent representations and embassies, at national and subnational level;

(b)

associations and networks of public authorities at Union, national or subnational level, on condition that they act exclusively on behalf of the relevant public authorities;

(c)

intergovernmental organisations, including agencies and bodies emanating from them;

(d)

public authorities of third countries, including their diplomatic missions and embassies, except where such authorities are represented by legal entities, offices or networks without diplomatic status or are represented by an intermediary;

(e)

political parties, with the exception of any organisations created by or affiliated with political parties;

(f)

churches and religious associations or communities as well as philosophical and non-confessional organisations referred to in Article 17 TFEU, with the exception of offices, legal entities, or networks created to represent churches, religious communities or philosophical and non-confessional organisations in their relations with the Union institutions, as well as their associations.

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