title: Council Decision 2014/72/CFSP of 10 February 2014 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2013/395/CFSP

text:
               11.2.2014

               EN

               Official Journal of the European Union

               L 40/56

         COUNCIL DECISION 2014/72/CFSP
   of 10 February 2014
   updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2013/395/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

               (2)

               On 25 July 2013, the Council adopted Decision 2013/395/CFSP (2) updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP.

               (3)

               In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities in the list to ensure that there are grounds for keeping them therein.

               (4)

               This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (5)

               The Council has determined that there are no longer grounds for keeping a certain group in the list of persons, groups and entities to which Article 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (6)

               The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of that Common Position, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

               (7)

               The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2013/395/CFSP should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.
   Article 2
   Decision 2013/395/CFSP is hereby repealed.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 10 February 2014.

            For the Council

            The President

         C. ASHTON

      (1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

      (2)  Council Decision 2013/395/CFSP of 25 July 2013 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2012/765/CFSP (OJ L 201, 26.7.2013, p. 57).

      ANNEX

         List of persons, groups and entities referred to in Article 1

      1.   PERSONS

                  1.

                  ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born August 11, 1960 in Iran. Passport No: D9004878.

                  2.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                  3.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                  4.

                  ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport No: C2002515 (Iran); passport No: 477845448 (USA). National ID No: 07442833, expiry date 15 March 2016 (USA driving licence).

                  5.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the ‘Hofstadgroep’.

                  6.

                  FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’.

                  7.

                  IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon.

                  8.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan. Passport No: 488555.

                  9.

                  SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala’i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla’i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

                  10.

                  SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

                  11.

                  SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport No: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

            2.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ – ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

                  2.

                  ‘Al-Aqsa Martyrs’ Brigade’.

                  3.

                  ‘Al-Aqsa e.V.’.

                  4.

                  ‘Al-Takfir’ and ‘Al-Hijra’.

                  5.

                  ‘Babbar Khalsa’.

                  6.

                  ‘Communist Party of the Philippines’, including ‘New People’s Army’ – ‘NPA’, Philippines.

                  7.

                  ‘Gama’a al-Islamiyya’ (a.k.a. ‘Al-Gama’a al-Islamiyya’) (‘Islamic Group’ – ‘IG’).

                  8.

                  İslami Büyük Doğu Akıncılar Cephesi’ – ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

                  9.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

                  10.

                  ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu’llah Military Wing’, a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

                  11.

                  ‘Hizbul Mujahideen’ – ‘HM’.

                  12.

                  ‘Hofstadgroep’.

                  13.

                  ‘Holy Land Foundation for Relief and Development’.

                  14.

                  ‘International Sikh Youth Federation’ – ‘ISYF’.

                  15.

                  ‘Khalistan Zindabad Force’ – ‘KZF’.

                  16.

                  ‘Kurdistan Workers’ Party’– ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

                  17.

                  ‘Liberation Tigers of Tamil Eelam’ – ‘LTTE’.

                  18.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

                  19.

                  ‘Palestinian Islamic Jihad’ – ‘PIJ’.

                  20.

                  ‘Popular Front for the Liberation of Palestine’ – ‘PFLP’.

                  21.

                  ‘Popular Front for the Liberation of Palestine – General Command’ (a.k.a. ‘PFLP – General Command’).

                  22.

                  ‘Fuerzas armadas revolucionarias de Colombia’ – ‘FARC’ (‘Revolutionary Armed Forces of Colombia’).

                  23.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ – ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People’s Liberation Army/Front/Party’).

                  24.

                  ‘Sendero Luminoso’ – ‘SL’ (‘Shining Path’).

                  25.

                  ‘Teyrbazen Azadiya Kurdistan’ – ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


Avis juridique important

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31996D0641

96/641/EC: Council Decision of 28 October 1996 on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Arab Republic of Egypt on the adjustment of the regime for imports into the Community of oranges originating in and coming from Egypt

Official Journal L 292 , 15/11/1996 P. 0031 - 0031

COUNCIL DECISION of 28 October 1996 on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Arab Republic of Egypt on the adjustment of the regime for imports into the Community of oranges originating in and coming from Egypt (96/641/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with the first sentence of Article 228 (2) thereof,Having regard to the proposal from the Commission,Whereas, in the context of the Uruguay Round of multilateral trade negotiations, the import regime for oranges has been changed;Whereas this new regime may have a negative effect on the Community's traditional imports from Egypt;Whereas Article 22 of the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt (1) provides that, where the existing rules are modified, the Community may amend the regime set out in the Agreement for the products concerned;Whereas the Community has agreed with the Arab Republic of Egypt that, pending the conclusion of a new Euro-Mediterranean Agreement, the said regime will be adjusted on the basis of an Agreement in the form of an exchange of letters;Whereas the latter Agreement should now be approved,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an exchange of letters between the European Community and the Arab Republic of Egypt on the adjustment of the regime for imports into the Community of oranges originating in and coming from Egypt is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community (2).Article 3 If necessary, the Commission shall adopt detailed rules for the application of the Agreement, in accordance with the procedure provided for in Article 33 of Regulation (EEC) No 1035/72 (3).Done at Luxembourg, 28 October 1996.For the CouncilThe PresidentD. SPRING(1) OJ No L 266, 27. 9. 1978, p. 1.(2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.(3) Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (OJ No L 118, 20. 5. 1972, p. 1). Regulation as last amended by Commission Regulation (EC) No 1363/95 (OJ No L 132, 16. 6. 1995, p. 8).


title: Council Decision 2011/429/CFSP of 18 July 2011 relating to the position of the European Union for the Seventh Review Conference of the States Parties to the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC)

text:
               19.7.2011

               EN

               Official Journal of the European Union

               L 188/42

         COUNCIL DECISION 2011/429/CFSP
   of 18 July 2011
   relating to the position of the European Union for the Seventh Review Conference of the States Parties to the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 12 December 2003, the European Council adopted the EU Strategy against proliferation of weapons of mass destruction which aims, inter alia, at reinforcing the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC), continuing the discussion on the verification of the BTWC, supporting universalisation and national implementation of the BTWC, including through the means of criminal legislation, and strengthening compliance with it.

               (2)

               On 28 April 2004, the United Nations Security Council unanimously adopted Resolution 1540 (2004), describing the proliferation of weapons of mass destruction and their means of delivery as a threat to international peace and security. On 27 April 2006, the UN Security Council unanimously adopted Resolution 1673 (2006) in order to intensify the efforts to promote the full implementation of Resolution 1540 (2004). Implementation of the provisions of these Resolutions contributes to the implementation of the BTWC.

               (3)

               On 26 August 1988, the UN Security Council adopted Resolution 620 (1988) which, inter alia, encourages the Secretary-General to carry out promptly investigations in response to allegations concerning the use of chemical and bacteriological (biological) or toxin weapons that constitute a violation of the 1925 Geneva Protocol. On 8 September 2006, the General Assembly adopted the United Nations Global Counter-Terrorism Strategy, annexed to Resolution 60/288, under which Member States encourage the Secretary-General to update the roster of experts and laboratories, as well as the technical guidelines and procedures, available to the Secretary-General for the timely and efficient investigation of allegations.

               (4)

               The Sixth Review Conference of the States Parties to the BTWC decided that the Seventh Review Conference is to be held in Geneva not later than 2011 and should review the operation of the BTWC, taking into account, inter alia, new scientific and technological developments relevant to the BTWC, as well as progress made by the States Parties to the BTWC (hereinafter the ‘States Parties’) in the implementation of the obligations under the BTWC and in the implementation of the decisions and recommendations agreed upon at the Sixth Review Conference.

               (5)

               On 27 February 2006, the Council adopted Joint Action 2006/184/CFSP (1) and on 10 November 2008, the Council adopted Joint Action 2008/858/CFSP (2). Both joint actions promote universality of the BTWC and support its implementation by the States Parties. Moreover, Joint Action 2008/858/CFSP promotes the submission of confidence building measures (CBM) declarations by the States Parties, and provides support for the BTWC intersessional process.

               (6)

               In parallel to Joint Action 2006/184/CFSP, the European Union agreed an EU Action Plan on biological and toxin weapons, complementary to the EU Joint Action in support of the BTWC (3) in respect of the BTWC in which Member States undertook to submit CBM declarations to the UN in April every year and lists of relevant experts and laboratories to the UN Secretary-General to facilitate any investigation of alleged use of (chemical) biological and toxin weapons.

               (7)

               In the light of the forthcoming BTWC Seventh Review Conference from 5 to 22 December 2011, it is appropriate to update the position of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The objectives of the Union at the Seventh Review Conference of the States Parties to the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons convention and on their destruction (BTWC) shall be to review the operations of the BTWC and explore options to strengthen it further.
   To attain these objectives, the Union shall put forward concrete proposals to the Seventh Review Conference due to take place from 5 to 22 December 2011.
   Article 2
   At the Seventh Review Conference, the Union shall work, in particular, to ensure that the States Parties to the BTWC (hereinafter the ‘States Parties’) address the following priorities:

               (a)

               building confidence in compliance with the BTWC;

               (b)

               supporting its national implementation; and

               (c)

               promoting its universality.

         Article 3
   For the purposes of the objectives laid down in Article 1 and the priorities laid down in Article 2, the Union shall:

               (a)

               contribute to a full review of the operation of the BTWC at the Seventh Review Conference, including the implementation of undertakings made by the States Parties under the BTWC;

               (b)

               support a further substantive intersessional process during the period between the Seventh and Eighth Review Conferences and identify specific areas and enhanced arrangements for further progress under this process;

               (c)

               support the Eighth Review Conference, to be held no later than 2016;

               (d)

               build consensus for the successful outcome of the Seventh Review Conference, on the basis of the framework established by the previous conferences, and promote, inter alia, the following key issues:

                           (i)

                           working towards identifying and strengthening effective mechanisms to build confidence in compliance within the BTWC;

                           (ii)

                           States Parties should be able to demonstrate compliance by means of information exchange and enhanced transparency about their capabilities and actions for implementation and intentions towards compliance. This can be achieved by means of declarations, consultations and on-site activities, representing increasing levels of transparency and scrutiny, but also by information exchange and review during the intersessional process. While recognising that there is currently no consensus on verification, which remains a central element of a complete and effective disarmament and non proliferation regime, the Union is willing to work towards identifying options that could achieve similar goals;

                           (iii)

                           effective implementation and full compliance with all obligations under the BTWC by all States Parties; supporting and strengthening, where necessary, national implementation measures, including criminal legislation, and control over pathogenic micro-organisms and toxins in the framework of the BTWC, inter alia, by increasing the capacity of the Implementation Support Unit of the UN Office for Disarmament Affairs (ISU) to support national implementation and taking it up as an intersessional topic. Further action could be considered and decisions taken on ways and means to enhance national implementation. The Union will encourage discussions on possible options in this regard, especially in the area of national legislation, coordination among national stakeholders and regional and sub-regional cooperation; and implementation of appropriate biosafety and biosecurity management standards for life science institutions;

                           (iv)

                           universal adherence of all States to the BTWC, including calling on all States not party to the BTWC to adhere to it without further delay and to commit legally to the disarmament and non-proliferation of biological and toxin weapons; and, pending adherence of those States to the BTWC, encouraging them to participate as observers in the meetings of the States Parties and to implement, on a voluntary basis, the provisions of the BTWC. Working towards the ban on biological and toxin weapons being declared a universally binding Rule of International Law, including through universalisation of the BTWC; and therefore recommending the adoption of an action plan on universalisation, coordinated by the ISU, and evaluated during dedicated sessions during the intersessional process;

                           (v)

                           efforts to enhance transparency and build confidence in compliance include the confidence building measures (CBM) mechanism. The Union is willing to work on the enhancement of this mechanism by identifying measures to increase the participation, quality and comprehensiveness of the CBM mechanism;

                           (vi)

                           enhancing transparency about cooperation and assistance related to Article X of the BTWC and taking into account the work and the expertise of other international organisations. The Union will continue to support the concrete implementation of Article X of the BTWC through its various assistance programmes and is willing to continue the elaboration of common understandings, which forms the basis for effective action with regard to cooperation for peaceful purposes in the framework of the BTWC. Further action could be considered and decisions taken on the enhancement of international cooperation, assistance and exchange in biological sciences and technology for peaceful purposes, and on promoting capacity building in the fields of disease surveillance, detection, diagnosis, and containment of infectious diseases;

                           (vii)

                           strengthening the UN Secretary-General’s mechanism for investigation of alleged use of biological and toxin weapons. Further action could be considered and decisions taken on the provision of assistance and coordination in the context of Article VII of the BTWC with relevant organisations upon request by any State Party in the case of alleged use of biological and toxin weapons, including improving national capabilities for disease surveillance, detection and diagnosis and public health systems. Work done separately on strengthening the UN Secretary-General’s mechanism for investigation of alleged use of biological and toxin weapons can further help indirectly strengthen Articles VI and VII of the BTWC;

                           (viii)

                           supporting a process of more frequent assessments of relevant scientific and technological developments, which may have implications for the BTWC, such as the increasing convergence of chemistry and biology and in the rapidly developing fields of synthetic biology and nanotechnology;

                           (ix)

                           compliance with the obligations under UN Security Council Resolutions 1540 (2004) and 1673 (2006), in particular to eliminate the risk of biological and toxin weapons being acquired or used for terrorist purposes, including possible terrorist access to materials, equipment, and knowledge that could be used in the development and production of biological and toxin weapons;

                           (x)

                           the G8 Global Partnership programmes targeted at support for disarmament, control and security of sensitive materials, facilities, and expertise;

                           (xi)

                           consideration of, and decisions on further action on the basis of the work undertaken pursuant to the intersessional process during the period from 2007 to 2010 and the efforts to discuss, and promote common understanding and effective action on the adoption of necessary national measures to implement the prohibition set out in the BTWC.

         Article 4
   In order to strengthen compliance with the BTWC, the Union shall promote:

               (a)

               measures related to CBM declarations:

                           (i)

                           examining annual CBM declarations as the regular national declaration tool on implementation and compliance and developing them further with this objective in mind;

                           (ii)

                           increasing the quality of CBM declarations by:

                                       —

                                       reducing to the largest extent possible the complexity of CBM forms and removing potential ambiguities. The detailed and concrete proposals for the modification of the CBM are based on the reports of the Geneva Forum Workshop,

                                       —

                                       supporting the compilation of the information provided in the CBM forms. To that end, the Union would support the ISU playing a greater role in supporting the national points of contact and the national authorities responsible for ensuring compliance. This support could include elements such as setting up a reference library, a ‘helpdesk’-function, providing the CBM forms in several languages, introducing an electronic format, and giving regional seminars for national points of contact,

                                       —

                                       introducing incentives for CBM submission, such as integrating details about Article X of the BTWC related information into the CBM mechanism (using the current form D or creating a new form);

                           (iii)

                           increasing relevance and comprehensiveness of CBM forms by:

                                       —

                                       referring to all relevant Articles of the BTWC, taking into careful account the need to achieve an appropriate balance between providing useful information and the effort required to obtain it. This is to avoid increasing complexity and workload, which could potentially deter participation,

                                       —

                                       modifying the CBM via a possible two-step approach, the modifications that would need further examination being left to a new intersessional process;

               (b)

               measures related to the UN Secretary-General’s mechanism for investigation of alleged use of biological and toxin weapons; reaffirming the need for the States Parties to ensure the effectiveness of the provisions of that mechanism and to take practical steps to this end, such as providing support for training programmes, and developing an analytical laboratory system.

         Article 5
   In addition to the objectives laid down in Article 1 and the priorities laid down in Article 2, the Union shall support the strengthening of the role of the ISU. In particular, the Union shall support:

               (a)

               the prolongation of the ISU’s mandate for another five years;

               (b)

               the following activities being included in the mandate of the ISU:

                           (i)

                           establishing a communication and information platform on policy, scientific and other activities relevant to the BTWC (setting up a ‘reference library’/electronic database for building awareness with States Parties, academia and industry);

                           (ii)

                           liaising and sharing information with other relevant international organisations;

                           (iii)

                           further strengthening the national implementation of the BTWC by facilitating the exchange of information and advice on national implementation;

                           (iv)

                           further supporting the CBM system by participating to a review process of the CBM declarations. Based on information supplied by means of revised CBMs, the ISU could be mandated to compile Article X of the BTWC related information into an online database;

                           (v)

                           developing a system to review scientific and technological developments and their impact on the BTWC;

                           (vi)

                           developing an action plan on universalisation;

               (c)

               an adequate expansion of the current ISU staff in order to enable the ISU to carry out the activities referred to in point (b).

         Article 6
   In order to support the review and strengthening of the intersessional process, the Union shall in particular:

               (a)

               support the following topics for a new intersessional process either as intersessional topics or through dedicated working groups:

                           (i)

                           national implementation;

                           (ii)

                           universalisation;

                           (iii)

                           further post-RevCon work on CBM;

                           (iv)

                           assistance and cooperation under Articles VII and X of the BTWC, including identification of requirements for assistance in the development and adoption of appropriate regulatory frameworks (focusing on biosafety and biosecurity in the first instance);

                           (v)

                           developments in science and technology;

               (b)

               support a process of more frequent assessments of relevant scientific and technological developments. The ISU could play a role via its renewed mandate. In addition to a detailed discussion in the intersessional process, States Parties could decide on alternative ways to discuss science and technology issues (i.e. to create a new working group, to have a science and technology item included on the agenda of Meetings of States Parties, to have a dedicated experts meeting for science and technology, to set up an advisory panel or to set up an open-ended science and technology forum);

               (c)

               support the development of national regulatory frameworks, in particular on biosafety and biosecurity. The adoption of appropriate management standards for biosafety and biosecurity for laboratories and industry, although they are not in any way a substitute for a compliance regime, can help States Parties in the long term with the implementation of the obligations set out in the BTWC. They could also prove to be a useful tool, along with other measures, to contribute to a future enhanced compliance regime. Discussion on this development, i.e. with the relevant industry, could be part of a new intersessional process;

               (d)

               support the reinforcement of the decisional character of the intersessional process by exploring a range of options such as making the final report of the States Parties’ Meetings binding, agreeing on road maps, considering the possibility of working groups on specific issues, action plans or recommendations.

         Article 7
   In order to support universality, the Union shall:

               (a)

               support the adoption of an action plan on universalisation, managed by the ISU, setting out concrete steps and activities. The action plan might include activities such as outreach events, joint demarches, the translation of relevant documents, incentives such as information exchange on assistance offers, and assistance visits to complete the first CBM submissions. This action plan would be evaluated and, if necessary, modified at each States Parties’ Meeting;

               (b)

               support the organisation of dedicated sessions or working group meetings on universalisation during the intersessional process in order to coordinate outreach activities between various actors and plan regional initiatives.

         Article 8
   The Union shall support the review of the implementation of Article X of the BTWC at the Seventh Review Conference. This review shall aim at:

               (a)

               exploring how to integrate information related to assistance in the CBM, by revising Form D or creating a new form, in order to allow States Parties to exchange information about activities concerning cooperation and assistance;

               (b)

               mandating the ISU to compile Article X of the BTWC related information into an online database, which could be on the restricted area of the website.

         Article 9
   Action taken by the Union for the purposes referred to in Articles 1 to 8, shall comprise:

               (a)

               on the basis of the position set out in Articles 1 to 8, proposals by the Union of specific, practical and feasible arrangements for the effective enhancement of the implementation of the BTWC for consideration by the States Parties at the Seventh Review Conference;

               (b)

                  démarches by the High Representative of the Union for Foreign Affairs and Security Policy or the Union delegations;

               (c)

               statements delivered by the High Representative of the Union for Foreign Affairs and Security Policy or the Union Delegation to the UN in the run up to and during the Seventh Review Conference.

         Article 10
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 July 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 65, 7.3.2006, p. 51.

      (2)  OJ L 302, 13.11.2008, p. 29.

      (3)  OJ C 57, 9.3.2006, p. 1.


title: 2013/335/EU: Council Decision of 25 June 2013 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

text:
               28.6.2013

               EN

               Official Journal of the European Union

               L 177/29

         COUNCIL DECISION
   of 25 June 2013
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
   (2013/335/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) ("the EEA Agreement") entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 thereto.

               (3)

               Protocol 31 to the EEA Agreement contains provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (4)

               It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in European Union actions funded from the General Budget of the European Union regarding the implementation, operation and development of the Internal Market.

               (5)

               Protocol 31 to the EEA Agreement should therefore be amended accordingly.

               (6)

               The amendment should apply from 1 January 2013 in order to allow for this extended cooperation to continue beyond 31 December 2012.

               (7)

               The position of the European Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement shall be based on the draft Decision of that Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 25 June 2013.

            For the Council

            The President

         E. GILMORE

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/…
      of
      amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‧the EEA Agreement‧), and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the General Budget of the Union regarding the implementation, operation and development of the Internal Market.

                  (2)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2012,

            HAS ADOPTED THIS DECISION:
      Article 1
      Article 7 of Protocol 31 to the EEA Agreement shall be amended as follows:

                  1.

                  The words "years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012" in paragraph 6 shall be replaced by the words "years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013".

                  2.

                  The words "years 2006, 2007, 2008, 2009, 2010, 2011 and 2012" in paragraph 7 shall be replaced by the words "years 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013".

                  3.

                  The words "years 2008, 2009, 2010, 2011 and 2012" in paragraph 8 shall be replaced by the words "years 2008, 2009, 2010, 2011, 2012 and 2013".

            Article 2
      This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (1).
      It shall apply from 1 January 2013.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels, ….

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: Council Decision of 27 July 1976 on the Community financing of certain costs in respect of the emergency food aid in the form of cereals supplied under the 1975/76 programme to the Republic of Zambia

text:
16. 8 . 76                       Official Journal of the European Communities                      No L 224/ 13
                                                           II
                                     (Acts whose publication is not obligatory)
                                                   COUNCIL
                                                 COUNCIL DECISION
                                                   of 27 July 1976
           on the Community financing of certain costs in respect of the emergency food
           aid in the form of cereals supplied under the 1975/76 programme to the Repu
                                                   blic of Zambia
                                                     (76/643/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES
           Having regard to the Treaty establishing the European Economic Community,
           Having regard to Council Regulation (EEC) No 1703/72 of 3 August 1972 amending
           Regulation (EEC) No 2052/69 on the Community financing of expenditure arising from
           the implementation of the Food Aid Convention of 1967 and laying down rules for the
           Community financing of expenditure arising from the implementation of the Food Aid
           Convention of 1971 (*), and in particular Articles 8 ( 1 ) and 10 ( 1 ) thereof,
           Having regard to the proposal from the Commission,
           Whereas the Republic of Zambia would have difficulty in meeting the costs of forwarding
           from the fob stage the emergency food aid allocated under the 1975/76 programme ;
           whereas these costs as far as the port of unloading should therefore be borne by the
           Community,
           HAS DECIDED AS FOLLOWS :
                                                      Sole Article
           The Community shall finance the shipment costs incurred to the port of unloading in
           respect of its allocation of emergency food aid in the form of cereals to the Republic of
           Zambia under the 1975/76 programme.
           Done at Brussels, 27 July 1976.
                                                                        For the Council
                                                                         The President
                                                                       M. van der STOEL
            i) OJ No L 180, 8 . 8 . 1972, p. 1 .


title: Council Decision (Euratom) 2017/76 of 21 November 2016 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               17.1.2017

               EN

               Official Journal of the European Union

               L 12/22

         COUNCIL DECISION (Euratom) 2017/76
   of 21 November 2016
   approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the SAA’) was signed on 16 June 2008 and entered into force on 1 June 2015 (1).

               (2)

               The Republic of Croatia became a Member State of the Union on 1 July 2013.

               (3)

               In accordance with the second subparagraph of Article 6(2) of the 2012 Act concerning the conditions of accession of the Republic of Croatia to the European Union, the accession of Croatia to the SAA should be agreed by the conclusion of a protocol to the SAA by the Council, acting unanimously on behalf of the Member States, and by the third country concerned.

               (4)

               On 24 September 2012, the Council authorised the Commission to open negotiations with Bosnia and Herzegovina in order to conclude a protocol to the SAA.

               (5)

               Those negotiations were successfully completed and the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) was initialled on 18 July 2016.

               (6)

               The Protocol covers matters falling within the competence of the European Atomic Energy Community.

               (7)

               The conclusion, by the Commission on behalf of the European Atomic Energy Community, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.

               (8)

               The signing and conclusion of the Protocol is subject to a separate procedure as regards matters falling under the Treaty on European Union and the Treaty on the Functioning of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union (2) is hereby approved.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 November 2016.

            For the Council

            The President

         P. PLAVČAN

      (1)  OJ L 164, 30.6.2015, p. 2.

      (2)  See page 3 of this Official Journal.


title: 2008/262/EC: Council Decision of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis

text:
               26.3.2008

               EN

               Official Journal of the European Union

               L 83/5

      COUNCIL DECISION

   of 28 February 2008
   on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis

   (2008/262/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Whereas:

               (1)

               On 27 February 2006, the Council authorised the Presidency, assisted by the Commission, to open negotiations with the Principality of Liechtenstein and the Swiss Confederation concerning a Protocol on the accession of Liechtenstein to the Agreement of 26 October 2004 between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (hereinafter referred to as ‘the Protocol’ and ‘the Agreement’, respectively). Those negotiations have been finalised, and the Protocol was initialled in Brussels on 21 June 2006.

               (2)

               Subject to its conclusion at a later date, it is desirable to sign the Protocol.

               (3)

               The Protocol envisages the temporary application of certain of its provisions. Those provisions should be applied on a temporary basis pending the Protocol's entry into force.

               (4)

               Insofar as the development of the Schengen acquis which falls under Title VI of the Treaty on European Union is concerned, it is appropriate upon signature of the Protocol to make Council Decision 1999/437/EC (1) apply, mutatis mutandis, to relations with the Principality of Liechtenstein.

               (5)

               This Decision does not prejudice the position of the United Kingdom, under the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community and Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2).

               (6)

               This Decision does not prejudice the position of Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community and Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis
                   (3),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Union, the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis and related documents.
   The texts of the Protocol and the related documents are attached to this Decision (4).
   Article 2
   This Decision applies to the fields covered by the provisions listed in Article 2(1) and (2) of the Protocol and to their development to the extent that such provisions have a legal base within the Treaty on European Union, or to the extent that it has been determined under Council Decision 1999/436/EC (5), that they have such a base.
   Article 3
   The provisions of Articles 1 to 4 of Decision 1999/437/EC shall apply, mutatis mutandis, to the association of Liechtenstein with the implementation, application and development of the Schengen acquis, which falls under Title VI of the Treaty on European Union.
   Article 4
   In accordance with Article 9(2) of the Protocol, Articles 1, 4 and 5(2)(a) first sentence of the Protocol, and the rights and obligations set out in Article 3, points (1) to (4), and Articles 4, 5, and 6 of the Agreement shall be applied on a provisional basis as of the time of signature of the Protocol, pending its entry into force.

      Done at Brussels, 28 February 2008.

            For the Council

            The President

         D. MATE

      (1)  Decision of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  Council document 16462/06; accessible on http://register.consilium.europa.eu

      (5)  OJ L 176, 10.7.1999, p. 17.


title: Council Decision (EU) 2015/809 of 19 May 2015 designating the European Capitals of Culture for the year 2019 in Bulgaria and Italy

text:
               23.5.2015

               EN

               Official Journal of the European Union

               L 128/20

         COUNCIL DECISION (EU) 2015/809
   of 19 May 2015
   designating the European Capitals of Culture for the year 2019 in Bulgaria and Italy
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,
   Having regard to the recommendation from the European Commission,
   Having regard to the selection panel's reports of October and November 2014 regarding the selection process of the European Capitals of Culture in Bulgaria and Italy,
   Whereas:
   Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,
   HAS ADOPTED THIS DECISION:
   Article 1
   Plovdiv and Matera are designated as ‘European Capitals of Culture 2019’ in Bulgaria and Italy respectively.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 19 May 2015.

            For the Council

            The President

         M. SEILE

      (1)  OJ L 304, 3.11.2006, p. 1.


Avis juridique important

|

32003D0822

2003/822/EC: Council Decision of 17 November 2003 on the accession of the European Community to the Codex Alimentarius Commission

Official Journal L 309 , 26/11/2003 P. 0014 - 0021

Council Decisionof 17 November 2003on the accession of the European Community to the Codex Alimentarius Commission(2003/822/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 37, 95, 133 and 152(4) in conjunction with the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The object of the Codex Alimentarius Commission is, inter alia, to develop and harmonise world-wide health standards and to issue guidelines and recommendations on agricultural and fishery products, foodstuffs, food additives and contaminants, feedstuffs, veterinary drugs, pesticides, including labelling, methods of analysis and sampling, codes of ethics and good agricultural practice and guidelines of hygiene practice, in view of protecting consumers' health and ensuring fair practices in international trade. These objectives are in line with the objectives of the European Community as regards measures taken to protect human, animal or plant life or health or the environment and related international trade measures, and harmonisation of national legislation, in particular as regards foodstuffs, food additives and contaminants, including labelling and methods of analysis and sampling, with a view to ensuring free circulation in the internal market and imports from third countries.(2) Since 1994, with the entry into force of the WTO Agreements, in particular the Agreement on the application of Sanitary and Phytosanirary Measures (SPS Agreement) and the Agreement on Technical Barriers to Trade (TBT Agreement), Codex Alimentarius standards, guidelines and recommendations have acquired increased legal relevance by virtue of the reference made to the Codex Alimentarius in the WTO Agreements and the presumption of conformity which is conferred on relevant national measures when they are based on such standards, guidelines or recommendations adopted by the Codex Alimentarius Commission.(3) The European Community should be able to exercise its competence and play its role during the preparation, negotiation and adoption of standards, guidelines or recommendations by the Codex Alimentarius Commission and its subsidiary bodies. Accession of the European Community as a full member of Codex Alimentarius, alongside its Member States, is essential in order to ensure that the primary health and other interests of the European Community and its Member States are taken into consideration during the preparation, negotiation and adoption of such standards, guidelines or recommendations and other provisions by the Codex Alimentarius Commission.(4) The accession of the European Community as a full member of the Codex Alimentarius should help reinforce coherence between the standards, guidelines or recommendations and other provisions adopted by the Codex Alimentarius Commission and other relevant international obligations of the European Community.(5) On 26 November 1991, the European Community became a Member, alongside the Member States, of the Food and Agriculture Organisation (FAO).(6) Article 2 of the Statutes of the Codex Alimentarius Commission entitles the European Community, as a Member of FAO, also to become a full Member of the Codex Alimentarius Commission.(7) By Decision of 21 December 1993, the Council authorised the Commission to negotiate the conditions and modalities for the accession of the European Community as a full member to the Codex Alimentarius Commission on the basis of the competence of the European Community, its situation in the FAO and taking into account the object and particular features of the Codex Alimentarius Commission.(8) The rights and obligations of Member Organisations of the FAO can be applied, mutatis mutandis, to the membership of the European Community of the Codex Alimentarius Commission, and the appropriate decisions regarding the required adaptations of the relevant provisions of the rules of procedure of the Codex Alimentarius Commission and its subsidiary bodies have already been undertaken.(9) The outcome of the negotiations conducted by the European Commission is considered to be satisfactory taking into account the interests of the European Community and its Member States and the specific features of the Codex Alimentarius Commission.(10) It is necessary to provide for practical modalities concerning the participation of the European Community and its Member States in the work of the Codex Alimentarius Commission and its subsidiary bodies in a way that is likely to ensure the highest possible benefit for the European Community and its Member States from the Community's accession to the Codex Alimentarius.(11) In view of the above considerations it is now appropriate that the European Community accedes to the Codex Alimentarius Commission.(12) The Directors-General of FAO and WHO have approved the amendments to the Rules of Procedure adopted by the 26th Session of the Codex Alimentarius Commission on 30 June 2003, allowing Regional Economic Integration Organisations to become members of Codex,HAS DECIDED AS FOLLOWS:Article 11. The European Community shall submit a request for accession to the Codex Alimentarius Commission, accompanied by a formal instrument according to which it accepts the obligations of the statutes of the Codex Alimentarius Commission as in force at the time of accession (Annex I hereto) and a single Declaration on exercise of competence (Annex II hereto).2. The President of the Council shall be responsible for completing the necessary procedures to this end.Article 2The Arrangement between the Council and the Commission regarding preparation for Codex Alimentarius meetings and statements and exercise of voting rights, attached as Annex III hereto, will apply between the Commission, the Council and the Member States.Done at Brussels, 17 November 2003.For the CouncilThe PresidentG. Alemanno(1) Opinion dated 7 November 2001 (not yet published in the Official Journal).ANNEX IInstrument of accession to the Codex Alimentarius CommissionDear Sir,I have the honour to inform you that the European Community, as a Member of FAO, has decided to request accession to the Codex Alimentarius Commission. I, therefore, request you to accept this instrument, by which the European Community accepts the modified Rules of Procedure of the Codex Alimentarius Commission, in accordance with Rule II thereof, and the single Declaration by the European Community on the exercise of competence.The European Community formally and without reservation accepts the obligations arising from its membership of the Codex Alimentarius Commission, as set out in the Statutes of the Codex Alimentarius Commission, and solemnly undertakes to fulfil the obligations in force at the time of its admission in all loyalty and conscience.I have the honour to be, Sir, yours faithfully,Alessandro PIGNATTIPresident-in-Office of the Council of the European UnionChair, Committee of Permanent Representatives(Part 1)Mr DioufDirector GeneralUnited Nations Food and Agriculture Organisation Via delle Terme di Caracalla I - 00100 RomeANNEX IISingle Declaration by the European Community on the exercise of competence according to Rule VI of the Rules of Procedure of the Codex Alimentarius CommissionThis Declaration specifies the exercise of competence between the European Community and its Member States in matters covered by the instruments establishing the Codex Alimentarius Commission. It does not affect the speaking arrangement regarding the Community and its Member States.This Declaration applies to all meetings of the Codex Alimentarius Commission and any of its subsidiary bodies, unless the European Community decides or another Codex Alimentarius member requests in respect of any particular agenda item before the meeting to make a specific statement.Should the scope of the division of competence described below between the European Community and its Member States change, this Declaration will be updated accordingly.1. EUROPEAN COMMUNITY'S COMPETENCEAs a general rule, the European Community has exclusive competence for agenda items dealing with harmonisation of standards on certain agricultural products, foodstuffs, food additives, contaminants, veterinary drug, pesticides, fish and fishery products, including labelling, methods of analysis and sampling, as well as codes and guidelines of hygiene practice, insofar as the Community legislation has harmonised either completely or to a large extent the relevant fields in these areas, as well as issues of international trade to the extent that they are related to the objectives of the Codex Alimentarius Commission, notably to protecting the health of the consumers and ensuring fair practices in the food trade.2. MEMBER STATES' COMPETENCEAs a general rule, the Member States of the European Community have competence for agenda items dealing with organisational matters (e.g. legal or budgetary issues) and procedural issues (e.g. election of chairpersons, adoption of the agenda, adoption of reports).3. MEMBER STATE AND COMMUNITY COMPETENCEThe European Community and its Member States both have a priori competence in the following areas, to the extent that the measures envisaged in those areas fall within the scope of action of the Codex Alimentarius and where the Community has the power to harmonise but such areas have been harmonised in part only:(a) agricultural policy in general, including the harmonisation of standards for animal or plant life and health (Articles 32 to 38 of EC Treaty);(b) approximation of provisions laid down by laws, regulation or administrative action by the Member States in the areas of human, animal or plant life or health (Articles 94 and 95 of EC Treaty);(c) public health policy measures (Article 152 of EC Treaty) and consumer protection measures (Article 153 of EC Treaty);(d) policy on research and technological development (Articles 163 to 173 of EC Treaty);(e) environmental policy (Articles 174 to 176 of EC Treaty);(f) development policy (Articles 177 to 181 of EC Treaty);(g) other policies of the European Community that may concern even partially the specific activities of the Codex Alimentarius Commission.ANNEX IIIArrangement between the Council and the Commission regarding preparation for Codex Alimentarius Meetings and statements and exercise of voting rights1. Scope of application of the coordination procedureThese coordination procedures will apply to any meeting of the Codex Alimentarius Commission or any of its subsidiary bodies, including working groups and to replies to Circular Letters.2. Codex Alimentarius Circular Letters2.1. With the aim of respecting the deadline for replying to the Codex Circular Letters, the Commission shall send, at regular intervals not exceeding two months, to the Member States a table listing, separately, all outstanding, announced and anticipated Circular Letters, identifying those Circular Letters for which it intends to prepare a draft common reply on behalf of the Community and the time frame in which this will be done and giving as far as possible its opinion on the competence status for each of them.2.2. When the Commission indicates that a common reply is to be prepared, the Member States will refrain from answering directly the identified Codex Circular Letters but can point out to the Commission the specific issues or points that pose them a problem and the orientation they suggest to adopt in the reply.2.3. The Commission will prepare a draft common reply taking into account the indication of the Member States and will communicate the draft rapidly to the Member States for further comments through the national Codex Points of Contact or any specific point designated by Member States. The Commission, on the basis of the received comments, will prepare a revision of the common reply, indicating the received comments and explaining where applicable why some of them were not taken into consideration.2.4. A Member State may also indicate to the Commission that a particular Circular Letter needs a common reply. In such a case the Commission will prepare a draft reply with the technical assistance of this Member State.2.5. When the Commission considers that it is not necessary to prepare a common reply, the Member States are entitled to answer directly the Codex Circular Letters for which no common reply is foreseen. However, in this case, the Member States which intend to send comments directly will circulate a draft among the other Member States and the Commission before sending it to Codex in order to verify that there is no opposition from the Commission or any other Member State.2.6. The Commission and the Member States will make a serious effort to reach a common position as soon as possible. If the draft common reply is acceptable to the Member States, it will be sent to the secretariat of the Codex Alimentarius. But if there is still a substantial amount of divergence of opinion, the Commission will send the draft to the Council Secretariat for the purpose of organising a coordinating meeting to resolve the remaining differences, and the relevant procedure set out in section 3 below will apply.3. Coordination procedure in the Council3.1. To prepare for any Codex Alimentarius meeting, coordination meetings will be held:- in Brussels, within the competent Council Working Party (usually Codex Alimentarius Working Party), as early as possible and as many times as necessary ahead of the Codex Alimentarius meeting, and, in addition,- on-the-spot, particularly at the beginning and, if necessary, during and at the end of the Codex Alimentarius meeting, with further coordination meetings being called whenever necessary throughout the series of meetings.3.2. The coordination meetings will agree on statements to be made on behalf of only the Community or on behalf of the Community and its Member States. Statements to be made on behalf of the Member States only do not form part of the Community coordination as such, but may of course also be subject to coordination at these meetings if so agreed by the Member States.The Community or common positions are usually agreed upon in the form of a negotiating position, a statement or an outline of a statement. When reference is made in this arrangement to a "statement", it should be considered to refer also to other forms in which the Community or common position is agreed.3.3. The Commission will on receipt send any Codex Alimentarius meeting agenda to the Council Secretariat for circulation to Member States together with an indication of the agenda items on which it is intended that a statement be made and whether this statement will be made on behalf of the Community or the Community and its Member States.In the case of agenda items which may necessitate taking a decision by consensus or by a vote in a Codex Alimentarius meeting, the Commission will give an indication on whether it is the Community or its Member States who should vote.3.4. The Commission will send draft statements and position papers to the Council Secretariat for circulation to Member States as soon as possible but at least one week before the coordination meeting. For the preparation of draft statements or position papers, the Commission will rely on the technical expertise of the Member States. The Council Secretariat will ensure that the draft statements are transmitted promptly through the national Codex Points of Contact or any specific point designated by Member States.3.5. The coordination meetings will decide on the exercise of responsibilities with respect to statements and voting in relation to each item of the Codex Alimentarius meeting agenda, on which a statement may be made or a vote is expected.3.6. The Commission will inform Member States in advance of coordination meetings, through the Council Secretariat, of:(a) its proposals regarding the exercise of responsibilities on a particular topic;(b) its proposals in regard to statements on a particular topic.3.7. If the Commission and the Member States in coordination meetings within the competent Council Working Party or on the spot cannot agree a common position, including for reasons of disagreement on the repartition of competence, with regard to questions referred to in points 3.6(a) and (b), the matter will be referred to the Permanent Representatives Committee which shall decide on the basis of the majority laid down in the relevant Community law dealing with the subject matter under consideration.3.8. Decisions referred to in paragraph 3.7 are without prejudice to the respective competence of the Community and its Member States in the areas under consideration.3.9. Should it prove impossible on the part of the Commission to prepare statements in time for the coordination meeting (due to the non-availability of the Codex Alimentarius documentation), the Commission will outline to the Member States, at least one week before the Codex Alimentarius meeting, the main elements of a Community or common position and the statement to be made accordingly. When necessary in exceptional circumstances, an on-the-spot coordination meeting will examine again these elements and the statement with the representatives of the Commission and of the Member States present in the meeting.3.10. When during Codex Alimentarius meetings the need arises for a statement to be made, in order to respond to the evolution or the dynamics of the negotiations, by the Community representative on behalf of the Community or on behalf of the Community and its Member States, a draft statement will be coordinated on the spot and the relevant part of paragraph 3.9 will apply.3.11. During Codex discussions, in order to react to proposals not covered by the agreed Community position, Member States and the Commission after due coordination where possible shall be able to propose an initial response and explore alternative options without giving a formal commitment. The Commission and Member States shall pay full regard to the established Community position and its underlying rationale, and will coordinate on the spot as soon as possible to confirm or change the provisional positions.4. Statements and voting in the Codex Alimentarius meetings4.1. Where an agenda item deals with matters of exclusive Community competence, the Commission shall speak and vote for the Community. After due coordination, the Member States may also speak in order to support and/or develop the Community position.4.2. Where an agenda item deals with matters of exclusive national competence, Member States shall speak and vote.4.3. Where an agenda item deals with matters containing elements of both national and Community competence, the Presidency and the Commission shall express the common position. After due coordination, Members States may speak to support and/or develop the common position. The Member States or the Commission, as appropriate, will vote on behalf of the Community and its Member States in accordance with the common position. The decision on who will be voting is made in the light of where the preponderance of the competence lies (e.g. mainly Member State or mainly Community competence).4.4. Where an agenda item deals with matters containing elements both of national and of Community competence and the Commission and the Member States have not been able to agree a common position as referred to in point paragraph 3.7, Member States may speak and vote on matters falling clearly within their competence. In accordance with the Codex Alimentarius rules of procedure, the Commission may speak and vote on matters falling clearly within Community competence and for which a Community position has been adopted.4.5. On matters for which there is no agreement between the Commission and the Member States on repartition of competence, or where it has not been possible to obtain the majority needed for a Community position, a maximum effort will be made to clarify the situation or achieve a Community position. Pending this, and after due coordination, the Member States and/or the Commission, as appropriate, would be entitled to speak on condition that the position expressed will be coherent with Community policies and previous Community positions, and in conformity with Community law.4.6. During the first two years from the Community's accession to the Codex Alimentarius Commission, the results of the coordination meetings in the competent Council Working Party on the exercise of responsibilities with respect to statements and voting in relation to each item of the Codex Alimentarius meeting agenda will be communicated to the Codex Alimentarius Secretariat. After the initial period of two years, the single, general Declaration made will be considered applicable, unless there is a specific request for clarification from another Codex Alimentarius member or it is decided otherwise in the competent Council Working Party.4.7. Within the framework of paragraph 4.1 or 4.3, where a Member State has particular important concerns in respect of a dependent territory, and this concern cannot be accommodated in a common or Community position, that Member State shall retain the right to vote and speak in respect of its dependent territory, bearing in mind the interests of the Community.5. Drafting and working groups5.1. The Member States and the Commission are entitled to participate voluntarily and speak in the drafting and working groups of the Codex Alimentarius which are technical informal meetings attended only by some members of the Codex Alimentarius and where no formal decisions are taken. The representatives of the Member States and the Commission will make a serious effort to reach an agreed position and to defend this during the discussions in drafting and working groups.5.2. The Commission and the Member State representatives participating in Codex drafting and working groups, without prejudice to the question of the competence, notify the other Member States promptly of draft reports drawn up by the group's rapporteur and coordinate with Member States regarding the position to be taken. In the absence of specific coordination on the draft reports, the Commission or Member State representatives on the drafting and working groups will use as orientation the coordinated statements and the coordination meeting discussions, as indicated in section 4.6. Review of the arrangementAt the request of a Member State or the Commission, the arrangement will be reviewed, taking account of experience gained from its operation.


title: 2009/732/EC,Euratom: Council Decision of 21 September 2009 appointing one Belgian member of the European Economic and Social Committee

text:
               3.10.2009

               EN

               Official Journal of the European Union

               L 260/29

      COUNCIL DECISION

   of 21 September 2009
   appointing one Belgian member of the European Economic and Social Committee
   (2009/732/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Decision 2006/651/EC, Euratom (1),
   Having regard to the proposal of the Belgian Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Mr Josly PIETTE,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Claude ROLIN, Secrétaire général de la Confédération des Syndicats chrétiens de Belgique (CSC) — Groupe des salariés (Groupe II), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 21 September 2009.

            For the Council

            The President

         T. BILLSTRÖM

      (1)  OJ L 269, 28.9.2006, p. 13.


title: 2013/117/EU: Council Decision of 5 March 2013 appointing a Dutch member of the European Economic and Social Committee

text:
               7.3.2013

               EN

               Official Journal of the European Union

               L 64/6

         COUNCIL DECISION
   of 5 March 2013
   appointing a Dutch member of the European Economic and Social Committee
   (2013/117/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Dutch Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Leon MEIJER,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Melanie BOUWKNEGT, Beleldsadviseur CNV Vakcentrale, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 5 March 2013.

            For the Council

            The President

         M. NOONAN

      (1)  OJ L 251, 25.9.2010, p. 8.


Avis juridique important

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31986D0559

86/559/EEC: Council Decision of 15 September 1986 on the conclusion of the Agreements in the form of Exchanges of Letters between the European Economic Community and the Swiss Confederation concerning agriculture and fisheries

Official Journal L 328 , 22/11/1986 P. 0098 - 0098

COUNCIL DECISIONof 15 September 1986on  the conclusion of the Agreements in the form of Exchanges of Letters between the European Economic  Community and the Swiss Confederation concerning agriculture and fisheries(86/559/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof, Having regard to the recommendation from the Commission, Whereas it is necessary to approve the Agreements in the form of Exchanges of Letters between the  European Economic Community and the Swiss Confederation concerning agriculture and fisheries, to  take account of the accession of the Kingdom of Spain and the Portuguese Republic to the  Community, HAS DECIDED AS FOLLOWS: Article 1The Agreements in the form of Exchanges of Letters between the  European Economic Community and the SwissConfederation concerning agriculture and fisheries are  hereby approved on behalf of the Community. The texts of the Exchanges of Letters are attached to this Decision. Article 2The President of the Council is hereby authorized to designate the person empowered to  sign the Agreements for the purpose of binding the Community. Done at Brussels, 15 September 1986. For the CouncilThe PresidentG. HOWE