title: Council Decision 2010/88/CFSP/JHA of 30 November 2009 on the signing, on behalf of the European Union, of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters

text:
               12.2.2010

               EN

               Official Journal of the European Union

               L 39/19

         COUNCIL DECISION 2010/88/CFSP/JHA
   of 30 November 2009
   on the signing, on behalf of the European Union, of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters
   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 26-27 February 2009 the Council decided to authorise the Presidency, assisted by the Commission, to open negotiations for an Agreement between the European Union and Japan on mutual legal assistance in criminal matters. Those negotiations have been successful and an Agreement has been drawn up.

               (2)

               In the absence of bilateral mutual legal assistance treaties between the Member States and Japan, the European Union seeks to establish more effective cooperation between its Member States and Japan in the area of mutual legal assistance in criminal matters.

               (3)

               The Agreement should be signed, subject to its conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters is hereby approved on behalf of the European Union, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Union, subject to its conclusion.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

    ---documentbreak---

               12.2.2010

               EN

               Official Journal of the European Union

               L 39/20

         AGREEMENT
   between the European Union and Japan on mutual legal assistance in criminal matters
   THE EUROPEAN UNION,
   and
   JAPAN,
   DESIRING to establish more effective cooperation between the European Union Member States and Japan in the area of mutual legal assistance in criminal matters,
   DESIRING that such cooperation will contribute to combating crime,
   REAFFIRMING their commitment to respect for justice, principles of the rule of law and democracy, and judicial independence,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Object and purpose
   1.   The requested State shall, upon request by the requesting State, provide mutual legal assistance (hereinafter referred to as ‘assistance’) in connection with investigations, prosecutions and other proceedings, including judicial proceedings, in criminal matters in accordance with the provisions of this Agreement.
   2.   This Agreement does not apply to extradition, transfer of proceedings in criminal matters and enforcement of sentences other than confiscation provided for under Article 25.
   Article 2
   Definitions
   For the purpose of this Agreement:

               (a)

               the term ‘Contracting Parties’ means the European Union and Japan;

               (b)

               the term ‘Member State’ means a Member State of the European Union;

               (c)

               the term ‘State’ means a Member State or Japan;

               (d)

               the term ‘items’ means documents, records and other articles of evidence;

               (e)

               the term ‘property’ means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;

               (f)

               the term ‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or in part, to commit a criminal offence;

               (g)

               the term ‘proceeds’ means any property derived from or obtained, directly or indirectly, through the commission of a criminal offence;

               (h)

               the term ‘freezing or seizure’ means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority; and

               (i)

               the term ‘confiscation’, which includes forfeiture where applicable, means a penalty or a measure, ordered by a court or other judicial authority following proceedings in relation to a criminal offence or criminal offences resulting in the final deprivation of property.

         Article 3
   Scope of assistance
   Assistance shall include the following:

               (a)

               taking testimony or statements;

               (b)

               enabling the hearing by videoconference;

               (c)

               obtaining items, including through the execution of search and seizure;

               (d)

               obtaining records, documents or reports of bank accounts;

               (e)

               examining persons, items or places;

               (f)

               locating or identifying persons, items or places;

               (g)

               providing items in the possession of the legislative, administrative or judicial authorities of the requested State as well as the local authorities thereof;

               (h)

               serving documents and informing a person of an invitation to appear in the requesting State;

               (i)

               temporary transfer of a person in custody for testimony or other evidentiary purposes;

               (j)

               assisting in proceedings related to freezing or seizure and confiscation of proceeds or instrumentalities; and

               (k)

               any other assistance permitted under the laws of the requested State and agreed upon between a Member State and Japan.

         Article 4
   Designation and responsibilities of Central Authorities
   Each State shall designate the Central Authority that is the authority responsible for sending, receiving and responding to requests for assistance, the execution of such requests or their transmission to the authorities having jurisdiction to execute such requests under the laws of the State. The Central Authorities shall be the authorities listed in Annex I to this Agreement.
   Article 5
   Communication between Central Authorities
   1.   Requests for assistance under this Agreement shall be sent by the Central Authority of the requesting State to the Central Authority of the requested State.
   2.   The Central Authorities of the Member States and Japan shall communicate directly with one another for the purpose of this Agreement.
   Article 6
   Authorities competent to originate requests
   The authorities which are competent under the laws of the States to originate requests for assistance pursuant to this Agreement are set out in Annex II to this Agreement.
   Article 7
   Authentication
   Documents transmitted by a State pursuant to this Agreement which are attested by the signature or seal of a competent authority or the Central Authority of the State need not be authenticated.
   Article 8
   Requests for assistance
   1.   The requesting State shall make a request in writing.
   2.   The requesting State may, in urgent cases, after having been in contact with the requested State, make a request by any other reliable means of communication, including fax or e-mail. In such cases, the requesting State shall provide supplementary confirmation of the request in writing promptly thereafter, if the requested State so requires.
   3.   A request shall include the following:

               (a)

               the name of the competent authority conducting the investigation, prosecution or other proceeding, including judicial proceeding;

               (b)

               the facts pertaining to the subject of the investigation, prosecution or other proceeding, including judicial proceeding;

               (c)

               the nature and stage of the investigation, prosecution or other proceeding, including judicial proceeding;

               (d)

               the text or a statement of the relevant laws, including applicable penalties, of the requesting State;

               (e)

               a description of the assistance requested; and

               (f)

               a description of the purpose of the assistance requested.

         4.   A request shall, to the extent possible and relevant to the assistance requested, include the following:

               (a)

               information on the identity and location of any person from whom testimony, statements or items are sought;

               (b)

               a list of questions to be asked to the person from whom testimony or statements are sought;

               (c)

               a precise description of persons or places to be searched and of items to be sought;

               (d)

               a description of why the requesting State considers that the requested records, documents or reports of bank accounts are relevant and necessary for the purpose of the investigation into the offence, and other information that may facilitate the execution of the request;

               (e)

               information regarding persons, items or places to be examined;

               (f)

               information regarding persons, items or places to be located or identified;

               (g)

               information on the identity and location of a person to be served with a document or informed of an invitation, that person’s relationship to the proceeding, and the manner in which service is to be made;

               (h)

               information on the allowances and expenses to which a person whose appearance is sought before the competent authority of the requesting State will be entitled; and

               (i)

               a precise description of proceeds or instrumentalities, the location thereof, and the identity of the owner thereof.

         5.   A request shall, to the extent necessary, also include the following:

               (a)

               a description of any particular manner or procedure to be followed in executing the request;

               (b)

               a description of the reasons for confidentiality concerning the request; and

               (c)

               any other information that should be brought to the attention of the requested State to facilitate the execution of the request.

         6.   If the requested State considers that the information contained in a request for assistance is not sufficient to meet the requirements under this Agreement to enable the execution of the request, the requested State may request that additional information be provided.
   Article 9
   Language
   A request and any documents attached thereto shall be accompanied by a translation into an official language of the requested State or, in all or, in urgent cases, into a language specified in Annex III to this Agreement.
   Article 10
   Execution of requests
   1.   The requested State shall promptly execute a request in accordance with the relevant provisions of this Agreement. The competent authorities of the requested State shall take every possible measure in their power to ensure the execution of a request.
   2.   A request shall be executed by using measures that are in accordance with the laws of the requested State. The particular manner or procedure described in the request referred to in paragraph 4(g) or paragraph 5(a) of Article 8 shall be followed to the extent that it is not contrary to the laws of the requested State, and where it is practically possible. In case the execution of the request in the manner or procedure described in the request poses a practical problem for the requested State, the requested State shall consult with the requesting State in order to solve the practical problem.
   3.   If the execution of a request is deemed to interfere with an ongoing investigation, prosecution or other proceeding, including judicial proceeding, in the requested State, the requested State may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedure. Instead of postponing the execution, the requested State may make the execution subject to conditions deemed necessary after consultations with the requesting State. If the requesting State accepts such conditions, the requesting State shall comply with them.
   4.   The requested State shall make its best efforts to keep confidential the fact that a request has been made, the contents of the request, the outcome of the execution of the request and other relevant information concerning the execution of the request if such confidentiality is requested by the requesting State. If a request cannot be executed without disclosure of such information, the requested State shall so inform the requesting State, which shall then determine whether the request should nevertheless be executed.
   5.   The requested State shall respond to reasonable inquiries by the requesting State concerning the status of the execution of a request.
   6.   The requested State shall promptly inform the requesting State of the result of the execution of a request, and shall provide the requesting State with the testimony, statements or items, obtained as a result of the execution, including any claim from a person from whom testimony, statements or items are sought regarding immunity, incapacity or privilege under the laws of the requesting State. The requested State shall provide originals or, if there are reasonable grounds, certified copies of records or documents. If a request cannot be executed in whole or in part, the requested State shall inform the requesting State of the reasons therefore.
   Article 11
   Grounds for refusal of assistance
   1.   Assistance may be refused if the requested State considers that:

               (a)

               a request concerns a political offence or an offence connected with a political offence;

               (b)

               the execution of a request is likely to prejudice its sovereignty, security, ordre public or other essential interests. For the purpose of this subparagraph, the requested State may consider that the execution of a request concerning an offence punishable by death under the laws of the requesting State or, in the relations between one Member State, set out in Annex IV to this Agreement, and Japan, an offence punishable by life imprisonment under the laws of the requesting State, could prejudice essential interests of the requested State, unless the requested State and the requesting State agree on the conditions under which the request can be executed;

               (c)

               there are well-founded reasons to suppose that the request for assistance has been made with a view to prosecuting or punishing a person by reason of race, religion, nationality, ethnic origin, political opinions or sex, or that such person’s position may be prejudiced for any of those reasons;

               (d)

               the person, who is subject to criminal investigations, prosecutions or other proceedings, including judicial proceedings, for which the assistance is requested, in the requesting State, has already been finally convicted or acquitted for the same facts in a Member State or Japan; or

               (e)

               a request does not conform to the requirements of this Agreement.

         2.   The requested State may refuse assistance which would necessitate coercive measures under its laws if it considers that the conduct that is the subject of the investigation, prosecution or other proceeding, including judicial proceeding, in the requesting State would not constitute a criminal offence under the laws of the requested State. In the relations between Japan and two Member States, set out in Annex IV to this Agreement, assistance may be refused if the requested State considers that the conduct that is the subject of the investigation, prosecution or other proceeding, including judicial proceeding, in the requesting State would not constitute a criminal offence under the laws of the requested State.
   3.   Assistance shall not be refused on the ground of bank secrecy.
   4.   Before refusing assistance pursuant to this Article, the requested State shall consult with the requesting State when the requested State considers that assistance may be provided subject to certain conditions. If the requesting State accepts such conditions, the requesting State shall comply with them.
   5.   If assistance is refused, the requested State shall inform the requesting State of the reasons for the refusal.
   Article 12
   Costs
   1.   The requested State shall bear all costs related to the execution of a request, unless otherwise agreed between the requesting State and the requested State.
   2.   Notwithstanding the provisions of paragraph 1, the requesting State shall bear:

               (a)

               the fees of an expert witness;

               (b)

               the costs of translation, interpretation and transcription;

               (c)

               the allowances and expenses related to travel of persons pursuant to Articles 22 and 24;

               (d)

               the costs of establishing a video link and costs related to the servicing of a video link in the requested State; and

               (e)

               the costs of an extraordinary nature;

         unless otherwise agreed between the requesting State and the requested State.
   3.   If the execution of a request would impose costs of an extraordinary nature, the requesting State and the requested State shall consult in order to determine the conditions under which the request will be executed.
   Article 13
   Limitations on use of testimony, statements, items or information
   1.   The requesting State shall not use testimony, statements, items or any information, including personal data, provided or otherwise obtained under this Agreement other than in the investigation, prosecution or other proceeding, including judicial proceeding, described in the request without prior consent of the requested State. In giving such prior consent, the requested State may impose such conditions as it deems appropriate.
   2.   The requested State may request that testimony, statements, items or any information, including personal data, provided or otherwise obtained under this Agreement be kept confidential or be used only subject to other conditions it may specify. If the requesting State agrees to such confidentiality or accepts such conditions, it shall comply with them.
   3.   In exceptional circumstances a State may, at the time it is providing testimony, statements, items or any information, including personal data, request that the receiving State will give information on the use made of them.
   Article 14
   Transport, maintenance and return of items
   1.   The requested State may request that the requesting State transport and maintain items provided under this Agreement in accordance with the conditions specified by the requested State, including the conditions deemed necessary to protect third-party interests in the items to be transferred.
   2.   The requested State may request that the requesting State return any items provided under this Agreement in accordance with the conditions specified by the requested State, after such items have been used for the purpose described in a request.
   3.   The requesting State shall comply with a request made pursuant to paragraph 1 or 2. When such a request has been made, the requesting State shall not examine the items without the prior consent of the requested State if the examination impairs or could impair the item.
   Article 15
   Taking of testimony or statements
   1.   The requested State shall take testimony or statements. The requested State shall employ coercive measures in order to do so, if such measures are necessary and the requesting State provides the requested State with information justifying those measures under the laws of the requested State.
   2.   The requested State shall make its best efforts to make possible the presence of such persons as specified in a request for taking testimony or statements during the execution of the request, and to allow such persons to question the person from whom testimony or statements are sought. In the case that such direct questioning is not permitted, such persons shall be allowed to submit questions to be posed to the person from whom testimony or statements are sought.
   3.   If a person, from whom testimony or statements are sought pursuant to this Article, asserts a claim of immunity, incapacity or privilege under the laws of the requesting State, testimony or statements may nevertheless be taken, unless the request includes a statement from the requesting State that when such immunity, incapacity or privilege is claimed, the testimony or statements cannot be taken.
   Article 16
   Hearing by videoconference
   1.   If a person is in the requested State and has to be heard as a witness or an expert witness by the competent authorities of the requesting State, the requested State may enable testimony or a statement to be taken from that person by those competent authorities by videoconference, if such hearing is necessary for the proceedings of the requesting State. The requesting and the requested States shall consult, if necessary, in order to facilitate resolution of legal, technical or logistical issues that may arise in the execution of the request.
   2.   The following rules shall apply to the hearing by videoconference unless otherwise agreed between the requesting State and the requested State:

               (a)

               the authority of the requested State will identify the person to be heard specified in the request, and invite the person to facilitate his or her appearance;

               (b)

               the hearing will be conducted directly by, or under the direction of, the competent authority of the requesting State in accordance with its own laws and the fundamental principles of the law of the requested State;

               (c)

               the authority of the requested State will be present during the hearing, where necessary assisted by an interpreter, and will observe the hearing. If the authority of the requested State is of the view that during the hearing the fundamental principles of the law of the requested State are being infringed, it will immediately take the necessary measures to ensure that the hearing continues in accordance with the said principles;

               (d)

               at the request of the requesting State or the person to be heard, the requested State will ensure, if necessary, that the person is assisted by an interpreter; and

               (e)

               the person to be heard may claim the right not to testify which would accrue to him or her under the laws of either the requesting or the requested State. Other measures necessary for the protection of the person as agreed upon between the authorities of the requesting and the requested States will also be taken.

         Article 17
   Obtaining of items
   1.   The requested State shall obtain items. The requested State shall employ coercive measures, including search and seizure in order to do so, if such measures are necessary and the requesting State provides the requested State with information justifying those measures under the laws of the requested State.
   2.   The requested State shall make its best efforts to make possible the presence of such persons as specified in a request for obtaining items during the execution of the request.
   Article 18
   Bank accounts
   1.   The requested State shall confirm whether a natural or legal person that is the subject of a criminal investigation holds or controls one or more accounts in the banks specified in the request.
   2.   The requested State shall provide the specified records, documents or reports of the specified accounts, the records of banking operations which have been carried out during a specified period through the accounts specified in the request, or identified in accordance with paragraph 1 and the specified records, documents or reports of any sending or recipient account.
   3.   The obligations set out in this Article shall apply only to the extent that the information is in the possession of the bank keeping the account.
   4.   The requested State may make an execution of a request in paragraphs 1 and 2 dependent on the conditions it applies in respect of requests for obtaining items.
   Article 19
   Examination of persons, items or places
   1.   The requested State shall examine persons, items or places. The requested State shall employ coercive measures in order to do so, if such measures are necessary and the requesting State provides the requested State with information justifying those measures under the laws of the requested State.
   2.   The requested State shall make its best efforts to make possible the presence of such persons as specified in a request for examining persons, items or places during the execution of the request.
   Article 20
   Locating or identifying persons, items or places
   The requested State shall make its best efforts to locate or identify persons, items or places.
   Article 21
   Providing items in possession of the legislative, administrative, judicial or local authorities
   1.   The requested State shall provide the requesting State with items that are in the possession of the legislative, administrative or judicial authorities of the requested State as well as the local authorities thereof and are available to the general public.
   2.   The requested State shall make its best efforts to provide the requesting State with items, including criminal records, that are in the possession of the legislative, administrative or judicial authorities of the requested State as well as the local authorities thereof and are not available to the general public, to the same extent and under the same conditions as such items would be available to its investigative and prosecuting authorities.
   Article 22
   Service of documents and informing a person of an invitation
   1.   The requested State shall effect service of documents, including service of summons or other documents requiring the appearance of a person before the competent authority of the requesting State, on persons in the requested State. The requested State shall inform a person in that State of an invitation to appear before the competent authority of the requesting State.
   2.   Where a request concerns service of a document requiring the appearance of a person before the competent authority of the requesting State, the request shall be received by the Central Authority of the requested State not less than 50 days before the scheduled appearance date. In urgent cases, the requested State may waive this requirement.
   3.   Where the requesting State knows that the addressee does not understand the language which the documents, served or sent pursuant to paragraph 1, are drawn up in or translated into, the requesting State shall endeavour to translate the documents, or shall, at least, translate the important passages thereof, also into the language the addressee understands.
   4.   Documents served pursuant to paragraph 1 shall include a statement that the addressee may obtain information from the competent authority by which the document was issued or from other authorities of the requesting State regarding his or her essential rights and obligations concerning the documents, if any.
   5.   In informing the result of the service of documents in accordance with paragraph 6 of Article 10, the requested State shall give proof of service by means of a receipt dated and signed by the person served or by means of a statement made by the requested State that service has been effected, as well as on the date, place and manner of service. The requested State shall, upon request by the requesting State, promptly inform the requesting State, where possible, of the response of the person who is invited or required to appear before the competent authority of the requesting State under paragraph 1.
   6.   A person who has been invited or required to appear before the competent authority of the requesting State under paragraph 1, but does not appear before that authority shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure in the requesting State, notwithstanding any contrary statement in the request or documents served or sent.
   Article 23
   Safe conduct
   1.   A person who is invited or required to appear before the competent authority of the requesting State under paragraph 1 of Article 22 shall not:

               (a)

               be subject to detention or any restriction of personal liberty in that State by reason of any conduct or conviction that precedes the departure of the person from the requested State; or

               (b)

               be obliged to give evidence or to assist in any investigation, prosecution or other proceeding, including judicial proceeding, other than the proceeding specified in the request.

         2.   If the safe conduct provided for in paragraph 1 cannot be provided, the requesting State shall be able to make a decision whether to appear before the competent authority of the requesting State.
   3.   The safe conduct provided for in paragraph 1 shall cease when:

               (a)

               the person, having had, for a period of 15 consecutive days from the date when his or her presence is no longer required by the competent authority or from the day when he or she failed to appear before that authority on the scheduled appearance date, an opportunity of leaving, has nevertheless remained voluntarily in the requesting State; or

               (b)

               the person, having left the requesting State, voluntarily returns to it.

         4.   When the requesting State knows that the safe conduct provided for in paragraph 1 has ceased pursuant to paragraphs 3(a) and 3(b), the requesting State shall so inform the requested State without delay, if such information is requested by the requested State and considered necessary by the requesting State.
   Article 24
   Temporary transfer of persons in custody
   1.   A person in custody of the requested State whose presence in the requesting State is necessary for testimony or other evidentiary purposes shall be temporarily transferred for those purposes to the requesting State, if the person consents and if the requesting State and the requested State agree, when permitted under the laws of the requested State.
   2.   The requesting State shall keep the person transferred pursuant to paragraph 1 in the custody of the requesting State, unless permitted by the requested State to do otherwise.
   3.   The requesting State shall immediately return the person transferred to the requested State, as agreed beforehand, or as otherwise agreed between the requesting State and the requested State.
   4.   The person transferred shall receive credit for service of the sentence being served in the requested State for the time spent in the custody of the requesting State.
   5.   The person transferred to the requesting State pursuant to this Article shall enjoy the safe conduct provided for in paragraph 1 of Article 23 in the requesting State until the return to the requested State, unless the person consents to give evidence or assist in any investigation, prosecution or other proceeding, including judicial proceeding, other than the proceeding specified in the request and the requesting State and the requested State agree thereto.
   6.   A person who does not consent to be transferred pursuant to this Article shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure in the requesting State, notwithstanding any contrary statement in the request.
   Article 25
   Freezing or seizure and confiscation of proceeds or instrumentalities
   1.   The requested State shall assist, to the extent permitted by its laws, in proceedings related to freezing or seizure and confiscation of the proceeds or instrumentalities.
   2.   A request for the confiscation described in paragraph 1 shall be accompanied by a decision of a court or other judicial authority imposing the confiscation.
   3.   The requested State that has custody over proceeds or instrumentalities may transfer such proceeds or instrumentalities, in whole or in part, to the requesting State, to the extent permitted by the laws of the requested State and upon such conditions as it deems appropriate.
   4.   In applying this Article, the legitimate rights and interests of bona fide third parties shall be respected under the laws of the requested State.
   Article 26
   Spontaneous exchange of information
   1.   Member States and Japan may, without prior request, provide information relating to criminal matters to each other to the extent permitted by the laws of the providing State.
   2.   The providing State may impose conditions on the use of such information by the receiving State. In such a case, the providing State shall give prior notice to the receiving State of the nature of the information to be provided and of the conditions to be imposed. The receiving State shall be bound by those conditions if it agrees to them.
   Article 27
   Relation to other instruments
   1.   Nothing in this Agreement shall prevent any State from requesting assistance or providing assistance in accordance with other applicable international agreements, or pursuant to its laws that may be applicable.
   2.   Nothing in this Agreement shall prevent a Member State and Japan from concluding international agreements confirming, supplementing, extending or amplifying the provisions thereof.
   Article 28
   Consultations
   1.   The Central Authorities of the Member States and Japan shall, if necessary, hold consultations for the purpose of resolving any difficulties with regard to the execution of a request, and facilitating speedy and effective assistance under this Agreement, and may decide on such measures as may be necessary for this purpose.
   2.   The Contracting Parties shall, as appropriate, hold consultations on any matter that may arise in the interpretation or application of this Agreement.
   Article 29
   Territorial application
   1.   This Agreement shall apply to the territory of Japan and, in relation to the European Union, to:

               (a)

               the territories of the Member States; and

               (b)

               territories for whose external relations a Member State has responsibility, or countries that are not Member States for whom a Member State has other duties with respect to external relations, where agreed upon by an exchange of diplomatic notes between the Contracting Parties, duly confirmed by the relevant Member State.

         2.   The application of this Agreement to any territory or country in respect of which extension has been made in accordance with paragraph 1(b) may be terminated by either Contracting Party giving six months’ written notice to the other Contracting Party through the diplomatic channel, where duly confirmed between the relevant Member State and Japan.
   Article 30
   Status of annexes
   Annexes to this Agreement form an integral part of this Agreement. Annexes I, II and III may be modified by mutual consent in writing of the Contracting Parties without amendment of this Agreement.
   Article 31
   Entry into force and termination
   1.   This Agreement shall enter into force on the 30th day after the date on which the Contracting Parties exchange diplomatic notes informing each other that their respective internal procedures necessary to give effect to this Agreement have been completed.
   2.   This Agreement shall apply to any request for assistance presented on or after the date upon which this Agreement enters into force, whether the acts relevant to the request were committed before, on or after that date.
   3.   Either Contracting Party may terminate this Agreement at any time by giving written notice to the other Contracting Party, and such termination shall be effective six months after the date of such notice.

      IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Agreement.
      DONE in duplicate, in the English and Japanese languages, both texts being equally authentic, and signed at Brussels on the thirtieth day of November 2009, and at Tokyo on the  day of December 2009. This Agreement shall also be drawn up in the Bulgarian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, and the Contracting Parties shall authenticate those language versions by an exchange of diplomatic notes.

            For the European Union

            For Japan

   ANNEX I

      THE CENTRAL AUTHORITIES

   The Central Authorities of the Contracting Parties are the following authorities:

               the Kingdom of Belgium: the Federal Public Service Justice, International Criminal Cooperation Department;

               the Republic of Bulgaria: the Ministry of Justice;

               the Czech Republic:

                           —

                           before the case is brought before a court (i.e. in pre-trial proceedings): the Supreme Public Prosecutor’s Office of the Czech Republic, and

                           —

                           after the case has been brought before a court (i.e. in trial stage of criminal proceedings): the Ministry of Justice of the Czech Republic;

               the Kingdom of Denmark: the Ministry of Justice;

               the Federal Republic of Germany: the Federal Office of Justice;

               the Republic of Estonia: the Ministry of Justice;

               Ireland: the Minister for Justice, Equality and Law Reform or a person designated by the Minister;

               the Hellenic Republic: the Ministry of Justice, Transparency and Human Rights;

               the Kingdom of Spain: the Ministry of Justice, the Subdirectorate General for international legal cooperation;

               the French Republic: the Ministry of Justice, the Office for International Mutual Assistance in Criminal Matters, Directorate for Criminal Matters and Pardons;

               the Italian Republic: the Ministry of Justice, Department of Judicial Affairs – Directorate General of Criminal Matters;

               the Republic of Cyprus: the Ministry of Justice and Public Order;

               the Republic of Latvia:

                           —

                           during pre-trial investigation until prosecution: State Police,

                           —

                           during pre-trial investigation until submitting the case to the court: the General Prosecutor’s Office, and

                           —

                           during the trial: the Ministry of Justice;

               the Republic of Lithuania:

                           —

                           the Ministry of Justice of the Republic of Lithuania, and

                           —

                           the General Prosecutor’s Office of the Republic of Lithuania;

               the Grand Duchy of Luxembourg: the Prosecutor General;

               the Republic of Hungary:

                           —

                           the Ministry of Justice and Law Enforcement, and

                           —

                           the Office of the Prosecutor General;

               the Republic of Malta: the Office of the Attorney General;

               the Kingdom of the Netherlands: the Ministry of Justice in The Hague;

               the Republic of Austria: the Ministry of Justice;

               the Republic of Poland:

                           —

                           during pre-trial stage: the National Public Prosecutor’s Office,

                           —

                           during the trial: the Ministry of Justice,

               the Portuguese Republic: the Prosecutor General’s Office;

               Romania: the Ministry of Justice and Civil Liberties, the General Directorate for Cooperation, Directorate for International Law and Treaties, Division for International Judicial Cooperation in Criminal Matters;

               the Republic of Slovenia: the Ministry of Justice, the Directorate for international cooperation and international legal assistance;

               the Slovak Republic:

                           —

                           in pre-trial proceedings: the General Prosecutor’s Office,

                           —

                           in trial stage: the Ministry of Justice, and,

                           —

                           for receiving: the Ministry of Justice,

               the Republic of Finland: the Ministry of Justice;

               the Kingdom of Sweden: the Ministry of Justice;

               the United Kingdom of Great Britain and Northern Ireland:the Home Office (United Kingdom Central Authority), Her Majesty’s Revenue and Customs, Crown Office and Procurator Fiscal Service;

               Japan: the Minister of Justice and the National Public Safety Commission or persons designated by them.

         ANNEX II
   With regard to Article 6 of this Agreement, the authorities which are competent under the laws of the States to originate requests for assistance pursuant to this Agreement are set out below:

               the Kingdom of Belgium: the judicial authorities: to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution;

               the Republic of Bulgaria: the Supreme Cassation Prosecutor’s Office of the Republic of Bulgaria for pre-trial cases of criminal proceedings and the courts of the Republic of Bulgaria for pending cases in trial phase of criminal proceedings;

               the Czech Republic: public prosecutors and courts of the Czech Republic;

               the Kingdom of Denmark:

                           —

                           the District Courts, the High Courts and the Supreme Court,

                           —

                           the Department of Public Prosecutions, which includes:

                                       —

                                       the Ministry of Justice,

                                       —

                                       the director of Public Prosecutions,

                                       —

                                       the Prosecutor, and

                                       —

                                       the Police Commissioners;

               the Federal Republic of Germany:

                           —

                           the Federal Ministry of Justice;

                           —

                           Federal Court of Justice, Karlsruhe;

                           —

                           the Public Prosecutor General of the Federal Court of Justice, Karlsruhe;

                           —

                           the Federal Office of Justice;

                           —

                           the Ministry of Justice of Baden-Württemberg, Stuttgart;

                           —

                           the Bavarian State Ministry of Justice and Consumer Protection, Munich;

                           —

                           the Senate Department for Justice, Berlin;

                           —

                           the Ministry of Justice of Land Brandenburg, Potsdam;

                           —

                           the Senator for Justice and Constitution of the Free Hanseatic City of Bremen, Bremen;

                           —

                           the Justice Authority of the Free and Hanseatic City of Hamburg, Hamburg;

                           —

                           the Hessian Ministry of Justice, Integration and Europe, Wiesbaden;

                           —

                           the Ministry of Justice of Mecklenburg-Vorpommern, Schwerin;

                           —

                           the Ministry of Justice of Lower-Saxony, Hanover;

                           —

                           the Ministry of Justice of Land North-Rhine/Westphalia, Düsseldorf;

                           —

                           the Ministry of Justice of Land Rhineland-Palatinate, Mainz;

                           —

                           the Ministry of Justice of the Saarland, Saarbrücken;

                           —

                           the Saxonian State Ministry of Justice, Dresden;

                           —

                           the Ministry of Justice of Land Saxony-Anhalt, Magdeburg;

                           —

                           the Ministry of Justice, Equality and Integration of Schleswig-Holstein, Kiel;

                           —

                           the Thuringian Ministry of Justice, Erfurt;

                           —

                           the Higher Regional Courts;

                           —

                           the Regional Courts;

                           —

                           the Local Courts;

                           —

                           the Chief Public Prosecutor at the Higher Regional Courts;

                           —

                           the Directors of Public Prosecutions at the Regional Courts;

                           —

                           the Central Office of the Land Judicial Administrations for the Investigation of National Socialist Crimes, Ludwigsburg;

                           —

                           the Federal Criminal Police Office;

                           —

                           the Central Office of the German Customs Investigations Service;

               the Republic of Estonia: judges and prosecutors;

               Ireland: the Director for Public Prosecutions;

               the Hellenic Republic: the Public Prosecutor’s Office at the Court of Appeal;

               the Kingdom of Spain: criminal court magistrates and judges, and public prosecutors;

               the French Republic:

                           —

                           first presidents, presidents, judges and magistrates at criminal courts,

                           —

                           examining magistrates at such courts,

                           —

                           members of the public prosecution service at such courts, namely:

                                       —

                                       principal public prosecutors,

                                       —

                                       deputy principal public prosecutors,

                                       —

                                       assistant principal public prosecutors,

                                       —

                                       public prosecutors and assistant public prosecutors,

                                       —

                                       representatives of police court public prosecutors, and

                                       —

                                       military court public prosecutors;

               the Italian Republic

                           Prosecutors:

                                       —

                                       Director of Public Prosecution

                                       —

                                       Assistant Public Prosecutor

                                       —

                                       Director of Military Public Prosecution

                                       —

                                       Assistant Military Public Prosecutor

                                       —

                                       General Public Prosecutor

                                       —

                                       Assistant General Public Prosecutor

                                       —

                                       General Military Public Prosecutor

                                       —

                                       Assistant General Military Public Prosecutor

                           Judges:

                                       —

                                       Judge of Peace

                                       —

                                       Investigation Judge

                                       —

                                       Preliminary hearing Judge

                                       —

                                       Ordinary Court

                                       —

                                       Military Court

                                       —

                                       Court of Assizes

                                       —

                                       Court of Appeal

                                       —

                                       Court of Assizes of Appeal

                                       —

                                       Military Court of Appeal

                                       —

                                       Court of Cassation;

               the Republic of Cyprus:

                           —

                           the Attorney General of the Republic,

                           —

                           the Chief of Police,

                           —

                           the Director of Customs & Excise,

                           —

                           members of the Unit for Combating Money Laundering (MOKAS), and,

                           —

                           any other authority or person who is entitled to make inquiries and prosecutions in the Republic of Cyprus,

               the Republic of Latvia: investigators, prosecutors and judges;

               the Republic of Lithuania: judges and prosecutors;

               the Grand Duchy of Luxembourg: the judicial authorities: to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution;

               the Republic of Hungary: prosecutor’s offices and courts;

               the Republic of Malta:

                           —

                           the Magistrates Court,

                           —

                           the Juvenile Court,

                           —

                           the Criminal Court and the Court of Criminal Appeal,

                           —

                           the Attorney General,

                           —

                           the Deputy Attorney General,

                           —

                           the Legal Officers within the Attorney General’s office; and

                           —

                           the Magistrates;

               the Kingdom of the Netherlands: members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecutions;

               the Republic of Austria: courts and prosecutors;

               the Republic of Poland: prosecutors and courts;

               the Portuguese Republic: prosecution services in the investigation phase, investigation judges and trial judges;

               Romania: courts and the prosecutor’s offices of the courts;

               the Republic of Slovenia:

                           —

                           local court judges,

                           —

                           investigative judges,

                           —

                           district court judges,

                           —

                           higher court judges,

                           —

                           supreme court judges,

                           —

                           constitutional court judges,

                           —

                           district state prosecutors,

                           —

                           higher state prosecutors,

                           —

                           supreme state prosecutors;

               the Slovak Republic: judges and prosecutors;

               the Republic of Finland:

                           —

                           the Ministry of Justice,

                           —

                           the Courts of First Instance, the Courts of Appeal, and the Supreme Court,

                           —

                           the public prosecutors,

                           —

                           the police authorities, the custom authorities, and the frontier guard officers in their capacity of preliminary criminal investigations authorities in criminal proceedings under the Preliminary Criminal Investigations Act,

               the Kingdom of Sweden: courts and prosecutors;

               the United Kingdom of Great Britain and Northern Ireland: courts and prosecutors;

               Japan: Courts, Presiding Judges, Judges, Public Prosecutors, Public Prosecutor’s Assistant Officers, and Judicial Police Officials.

         ANNEX III
   With regard to Article 9 of this Agreement, the Member States and Japan accept the following languages:

               the Kingdom of Belgium: Dutch, French and German in all cases and English in urgent cases;

               the Republic of Bulgaria: Bulgarian in all cases and English in urgent cases;

               the Czech Republic: Czech in all cases and English in urgent cases;

               the Kingdom of Denmark: Danish in all cases and English in urgent cases;

               the Federal Republic of Germany: German in all cases and English in urgent cases;

               the Republic of Estonia: Estonian and English in all cases;

               Ireland: English and Irish in all cases;

               the Hellenic Republic: Greek in all cases and English in urgent cases;

               the Kingdom of Spain: Spanish in all cases;

               the French Republic: French in all cases;

               the Italian Republic: Italian in all cases and English in urgent cases;

               the Republic of Cyprus: Greek and English in all cases;

               the Republic of Latvia: Latvian in all cases and English in urgent cases;

               the Republic of Lithuania: Lithuanian in all cases and English in urgent cases;

               the Grand Duchy of Luxembourg: French and German in all cases and English in urgent cases;

               the Republic of Hungary: Hungarian in all cases and English in urgent cases;

               the Republic of Malta: Maltese in all cases;

               the Kingdom of the Netherlands: Dutch in all cases and English in urgent cases;

               the Republic of Austria: German in all cases and English in urgent cases;

               the Republic of Poland: Polish in all cases;

               the Portuguese Republic: Portuguese in all cases and English or French in urgent cases;

               Romania: Romanian, English or French in all cases. With regard to longer documents, Romania reserves the right, in any specific case, to require a Romanian translation or to have one made at the expense of the requesting State;

               the Republic of Slovenia: Slovenian and English in all cases;

               the Slovak Republic: Slovak in all cases;

               the Republic of Finland: Finnish, Swedish and English in all cases;

               the Kingdom of Sweden: Swedish, Danish or Norwegian in all cases, unless the authority dealing with the application otherwise allows in the individual case;

               the United Kingdom of Great Britain and Northern Ireland: English in all cases;

               Japan: Japanese in all cases and English in urgent cases. However, Japan reserves the right, in any specific urgent case, to require translation into Japanese with regard to the request from the requesting State which does not accept translation into English under this Annex.

         ANNEX IV
   With regard to paragraph 1(b) of Article 11 of this Agreement, ‘one Member State’ referred to in this paragraph is the Portuguese Republic.
   With regard to paragraph 2 of Article 11 of this Agreement, ‘two Member States’ referred to in this paragraph are the Republic of Austria and the Republic of Hungary.


title: Council Decision (CFSP) 2016/1908 of 28 October 2016 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

text:
               29.10.2016

               EN

               Official Journal of the European Union

               L 295/78

         COUNCIL DECISION (CFSP) 2016/1908
   of 28 October 2016
   amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).

               (2)

               On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2017. The Council will carry out a review of the situation with regard to the restrictive measures after six months.

               (3)

               Decision 2010/573/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 4(2) of Decision 2010/573/CFSP is hereby replaced by the following:

      ‘2.   This Decision shall apply until 31 October 2017. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

   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, 28 October 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).


Avis juridique important

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32000D0323

2000/323/EC: Commission Decision of 4 May 2000 setting up a Consumer Committee (notified under document number C(2000) 408)

Official Journal L 111 , 09/05/2000 P. 0030 - 0031

Commission Decisionof 4 May 2000setting up a Consumer Committee(notified under document number C(2000) 408)(2000/323/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) It is appropriate for the Commission to consult consumers on problems concerning the protection of consumer interests at Community level.(2) A Consumer Committee was set up by Decision 95/260/EC(1) to enable the Commission to hear the view of organisations representing consumers.(3) Decision No 283/1999/EC of the European Parliament and of the Council of 25 January 1999 establishing a general framework for Community activities in favour of consumers(2) enables the financing of European consumer organisations.(4) Experience with the operation of this Committee shows that its functioning should be improved as regards representativity so that the new Committee would be representative of consumers in all Member States of the European Community, whether they be organised at national or European level.(5) This Consumer Committee should be accorded a statute based on experience gained.(6) The Commission will aim to have a satisfactory gender balance on this Committee,HAS DECIDED AS FOLLOWS:Article 11. The Commission hereby establishes a Consumer Committee, hereinafter called "the Committee".2. The Committee shall be composed of representatives of national consumer organisations and of European consumer organisations.3. National consumer organisations must be representative in terms of their number of members, have as their sole or main objective the defence of consumer interests and must be independent from business circles.4. The European consumer organisations are those fulfilling the criteria laid down in Article 5 of the Decision No 283/1999/EC.Article 2The Committee may be consulted by the Commission on all problems relating to the protection of consumer interests at Community level.Article 3The Committee shall be composed of:- 15 members representative of national consumer organisations, one from each Member State,- one member from each European consumer organisation defined under Article 1(4).The members of the Committee representative of national consumer organisations must inform and consult the associations they are representing on the Committee.Article 41. The members of the Committee representative of national consumer organisations shall be appointed by the Commission on the proposal of the national bodies coordinating consumer associations established by Member States, where they exist.Should the national body coordinating the consumer associations be unable to put forward a single proposal, it should present to the Commission a short list, with a maximum of three candidates, from which the Commission shall appoint the member.Where such bodies do not exist, the Commission will appoint the member after having convened the national consumer organisations and having asked them to indicate a candidate. In case of disagreement, they should submit a short list, with a maximum of three candidates, from which the Commission shall appoint the member.2. The members of the European consumer organisations shall be appointed by the Commission on the proposal of the European consumer organisations fulfilling the criteria laid down in the Decision No 283/1999/EC.3. An equal number of alternates of the members mentioned in paragraphs 1 and 2 shall be appointed under the same conditions as the members. The alternate shall automatically replace a member who is absent or indisposed.Article 51. The term of office of the members shall be three years and shall be renewable.At the end of the three-year period, the members shall remain in office until a replacement is provided or until their term of office is renewed.The term of office of the members shall lapse before the end of the three-year period in the event of their retirement or on their death. Their term of office may also be terminated should the organisations that proposed them request their replacement. They shall be replaced for the remainder of the three-year period in accordance with the procedure laid down in Article 4(1).2. The Committee can invite as an expert any person having special expertise on a point on the agenda to participate in its work.Article 6Membership shall not confer entitlement to payment.Article 7The Commission shall publish the list of members and alternates in the Official Journal of the European Communities, for information purposes.Article 8The meetings of the Committee shall be chaired by a Commission representative. The Commission shall provide secretarial services for the Committee and organise its work.Article 9The Committee shall meet at the seat of the Commission, which shall convene meetings, normally four times a year.Article 10The discussions in the Committee are based on the requests for opinion made by the Commission. When requesting an opinion, the Commission can fix the deadline within which the opinion should be delivered. The positions taken by the members will appear in the minutes transmitted to the Commission. The opinions adopted will be annexed to the minutes.Article 11Without prejudice to Article 287 of the Treaty, the members and alternates of the Committee are required not to divulge any information obtained from their work in the Committee, in cases where the Commission informs them that the opinion requested or question raised is of a confidential nature.Article 12Decision 95/260/EC is hereby repealed.Done at Brussels, 4 May 2000.For the CommissionDavid ByrneMember of the Commission(1) OJ L 162, 13.7.1995, p. 37.(2) OJ L 34, 9.2.1999, p. 1.


Avis juridique important

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31969D0414

69/414/EEC: Council Decision of 13 November 1969 setting up a Standing Committee for Foodstuffs

Official Journal L 291 , 19/11/1969 P. 0009 - 0010 Finnish special edition: Chapter 13 Volume 1 P. 0114  Danish special edition: Series I Chapter 1969(II) P. 0487  Swedish special edition: Chapter 13 Volume 1 P. 0114  English special edition: Series I Chapter 1969(II) P. 0500  Greek special edition: Chapter 03 Volume 5 P. 0003  Spanish special edition: Chapter 13 Volume 1 P. 0169  Portuguese special edition Chapter 13 Volume 1 P. 0169

COUNCIL DECISION  of 13 November 1969  setting up a Standing Committee for Foodstuffs  (69/414/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community; Having regard to the draft decision submitted by the Commission; Whereas it is desirable that, for cases where the Council delegates powers to the Commission in respect of foodstuffs, a Committee should be set up, consisting of representatives of the Member States, for the purpose of ensuring close co-operation between the Member States and the Commission and of enabling the latter to consult experts; Whereas it is furthermore desirable that such co-operation extend to all fields covered by Community rules on these matters ; whereas that Committee should accordingly be empowered to consider any question relating to such fields; HAS DECIDED AS FOLLOWS: Article 1A Standing Committee for Foodstuffs (hereinafter called the "Committee") is hereby set up and shall consist of representatives of the Member States with a representative of the Commission as Chairman. Article 2The Committee shall, in the cases and under the conditions provided for therein, carry out the duties devolving upon it under the instruments relating to foodstuffs adopted by the Council. It may, moreover, consider any other question arising under such instruments and referred to it by its Chairman either on his own initiative or at the request of a Member State. Article 3The Committee shall adopt its own rules of procedure. Done at Brussels, 13 November 1969. For the Council The President L. DE BLOCK


Avis juridique important

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31996D0621

96/621/EC: Council Decision of 14 October 1996 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Turkey fixing, from 1 January 1994, the additional amount to be deducted from the levy or the customs duties on imports into the Community of untreated olive oil originating in Turkey

Official Journal L 277 , 30/10/1996 P. 0038 - 0038

COUNCIL DECISION of 14 October 1996 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Turkey fixing, from 1 January 1994, the additional amount to be deducted from the levy or the customs duties on imports into the Community of untreated olive oil originating in Turkey (96/621/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228 (2) thereof,Having regard to Decision No 1/77 of the EEC-Turkey Association Council of 17 May 1977 on new concessions for imports of Turkish agricultural products into the Community, and in particular Annex IV thereto,Having regard to the proposal from the Commission,Whereas the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Turkey fixing, from 1 January 1994, the additional amount to be deducted from the levy or the customs duties on imports into the Community of untreated olive oil originating in Turkey, should be approved;Whereas Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (1) abolishes application of a correcting factor of 1,207509 applied to the agricultural conversion rates up to 31 January 1995; whereas it is therefore necessary, taking account of the operative event for the agricultural conversion rate to be used, to provide for an amount for the period ending on 31 January 1995 and an amount applicable as from 1 February 1995,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Turkey fixing, from 1 January 1994, the additional amount to be deducted from the levy or the customs duties on imports into the Community of untreated olive oil originating in Turkey, 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.Article 3 This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 14 October 1996.For the CouncilThe PresidentR. QUINN(1) OJ No L 387, 31. 12. 1992, p. 1. Regulation as last amended by Regulation (EC) No 150/95 (OJ No L 22, 31. 1. 1995, p. 1).


title: 2010/429/: Commission Decision of 28 July 2010 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 88017 x MON 810 (MON-88Ø17-3 x MON-ØØ81Ø-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document C(2010) 5139)  Text with EEA relevance

text:
               3.8.2010

               EN

               Official Journal of the European Union

               L 201/46

         COMMISSION DECISION
   of 28 July 2010
   authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 88017 x MON 810 (MON-88Ø17-3 x MON-ØØ81Ø-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council
   (notified under document C(2010) 5139)
   (Only the Dutch and French texts are authentic)
   (Text with EEA relevance)
   (2010/429/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Article 7(3) and Article 19(3) thereof,
   Whereas:

               (1)

               On 29 November 2005, Monsanto Europe SA submitted to the competent authority of the Czech Republic an application, in accordance with Article 5 and Article 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from MON 88017 x MON 810 maize (the application).

               (2)

               The application also covers the placing on the market of products other than food and feed containing or consisting of MON 88017 x MON 810 maize for the same uses as any other maize with the exception of cultivation. Therefore, in accordance with Article 5(5) and Article 17(5) of Regulation (EC) No 1829/2003, it includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (2) and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.

               (3)

               On 21 July 2009, the European Food Safety Authority (EFSA) gave a favourable opinion in accordance with Article 6 and Article 18 of Regulation (EC) No 1829/2003. It considered that MON 88017 x MON 810 maize is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment. Therefore it concluded that it is unlikely that the placing on the market of the products containing, consisting of, or produced from MON 88017 x MON 810 maize as described in the application (the products) will have any adverse effects on human or animal health or the environment in the context of their intended uses (3). In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Article 6(4) and Article 18(4) of that Regulation.

               (4)

               In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products.

               (5)

               Taking into account those considerations, authorisation should be granted for the products.

               (6)

               A unique identifier should be assigned to each GMO as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (4).

               (7)

               On the basis of the EFSA opinion, no specific labelling requirements other than those provided for in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, appear to be necessary for foods, food ingredients and feed containing, consisting of, or produced from MON 88017 x MON 810 maize. However, in order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of feed containing or consisting of the GMO and products other than food and feed containing or consisting of the GMO for which authorisation is requested should be complemented by a clear indication that the products in question must not be used for cultivation.

               (8)

               The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council (5).

               (9)

               The EFSA opinion does not justify the imposition of specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements for the use of the food and feed, or of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in Article 6(5)(e) and Article 18(5) of Regulation (EC) No 1829/2003.

               (10)

               All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.

               (11)

               Article 4(6) of Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (6), lays down labelling requirements for products consisting of, or containing GMOs.

               (12)

               This Decision is to be notified through the Biosafety Clearing House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2)(c) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms (7).

               (13)

               The applicant has been consulted on the measures provided for in this Decision.

               (14)

               The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chairman.

               (15)

               At its meeting on 29 June 2010, the Council was unable to reach a decision by qualified majority either for or against the proposal. The Council indicated that its proceedings on this file were concluded. It is accordingly for the Commission to adopt the measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   Genetically modified organism and unique identifier
   Genetically modified maize (Zea mays L.), MON 88017 x MON 810 as specified in point (b) of the Annex to this Decision, is assigned the unique identifier MON-88Ø17-3 x MON-ØØ81Ø-6, as provided for in Regulation (EC) No 65/2004.
   Article 2
   Authorisation
   The following products are authorised for the purposes of Article 4(2) and Article 16(2) of Regulation (EC) No 1829/2003 in accordance with the conditions set out in this Decision:

               (a)

               foods and food ingredients containing, consisting of, or produced from MON-88Ø17-3 x MON-ØØ81Ø-6 maize;

               (b)

               feed containing, consisting of, or produced from MON-88Ø17-3 x MON-ØØ81Ø-6 maize;

               (c)

               products other than food and feed containing or consisting of MON-88Ø17-3 x MON-ØØ81Ø-6 maize for the same uses as any other maize with the exception of cultivation.

         Article 3
   Labelling
   1.   For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘maize’.
   2.   The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of MON-88Ø17-3 x MON-ØØ81Ø-6 maize referred to in Article 2(b) and (c).
   Article 4
   Monitoring for environmental effects
   1.   The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.
   2.   The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with Decision 2009/770/EC.
   Article 5
   Community register
   The information set out in the Annex to this Decision shall be entered in the Community register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.
   Article 6
   Authorisation holder
   The authorisation holder shall be Monsanto Europe SA, Belgium, representing Monsanto Company, United States.
   Article 7
   Validity
   This Decision shall apply for a period of 10 years from the date of its notification.
   Article 8
   Addressee
   This Decision is addressed to Monsanto Europe SA, Avenue de Tervuren 270-272, 1150 Brussels, Belgium.

      Done at Brussels, 28 July 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 268, 18.10.2003, p. 1.

      (2)  OJ L 106, 17.4.2001, p. 1.

      (3)  http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question = EFSA-Q-2006-020

      (4)  OJ L 10, 16.1.2004, p. 5.

      (5)  OJ L 275, 21.10.2009, p. 9.

      (6)  OJ L 268, 18.10.2003, p. 24.

      (7)  OJ L 287, 5.11.2003, p. 1.

      ANNEX
      (a)   Applicant and authorisation holder:

                  Name

                  :

                  Monsanto Europe SA

                  Address

                  :

                  Avenue de Tervuren 270-272, 1150 Brussels, Belgium

            On behalf of Monsanto Company, 800 N. Lindbergh Boulevard, St Louis, Missouri 63167, United States of America
      (b)   Designation and specification of the products:

                  1.

                  foods and food ingredients containing, consisting of, or produced from MON-88Ø17-3 x MON-ØØ81Ø-6 maize;

                  2.

                  feed containing, consisting of, or produced from MON-88Ø17-3 x MON-ØØ81Ø-6 maize;

                  3.

                  products other than food and feed containing or consisting of MON-88Ø17-3 x MON-ØØ81Ø-6 maize for the same uses as any other maize with the exception of cultivation.

            The genetically modified MON-88Ø17-3 x MON-ØØ81Ø-6 maize, as described in the application, is produced by crosses between maize containing MON-88Ø17-3 and MON-ØØ81Ø-6 events and expresses the Cry3Bb1 and Cry1Ab proteins which respectively confer protection against certain coleopteran and lepidopteran pests and the CP4 EPSPS protein which confers tolerance to glyphosate herbicides.
      (c)   Labelling:

                  1.

                  for the purposes of the specific labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘maize’;

                  2.

                  the words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of MON-88Ø17-3 x MON-ØØ81Ø-6 maize referred to in Article 2(b) and (c) of this Decision.

            (d)   Method for detection:

                  —

                  event specific real-time quantitative PCR based method for genetically modified maize MON-88Ø17-3 and MON-ØØ81Ø-6 validated on MON-88Ø17-3 x MON-ØØ81Ø-6 maize,

                  —

                  validated on seeds by the Community Reference Laboratory established under Regulation (EC) No 1829/2003, published at http://gmo-crl.jrc.ec.europa.eu/statusofdoss.htm

                  —

                  reference material: AOCS 0406-D (for MON-88Ø17-3) accessible via the American Oil Chemists Society at http://www.aocs.org/tech/crm/ and ERM®-BF413 (for MON-ØØ81Ø-6) accessible via the Joint Research Centre JRC) of the European Commission, Institute for reference Materials and Measurements (IRMM) accessible at https://irmm.jrc.ec.europa.eu/rmcatalogue

            (e)   Unique identifier:

      MON-88Ø17-3 x MON-ØØ81Ø-6.
      (f)   Information required under Annex II to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity:

      Biosafety Clearing House, Record ID: see [to be completed when notified].
      (g)   Conditions or restrictions on the placing on the market, use or handling of the products:

      Not required.
      (h)   Monitoring plan:

      Monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
      [Link: plan published on the Internet]
      (i)   Post-market monitoring requirements for the use of the food for human consumption:

      Not required.

         Note: Links to relevant documents may need to be modified over time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed.


               26.2.2016

               EN

               Official Journal of the European Union

               C 75/169

         P7_TA(2013)0292
   Request for the waiver of the parliamentary immunity of Marine Le Pen
   European Parliament decision of 2 July 2013 on the request for waiver of the immunity of Marine Le Pen (2012/2325(IMM))
   (2016/C 075/27)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Marine Le Pen, forwarded on 26 November 2012 by the Minister of Justice of the Republic of France in connection with a request dated 7 November 2012 from the Chief Prosecutor at the Lyon Court of Appeal, and announced in plenary on 10 December 2012,

               —

               having heard Bruno Gollnisch MEP on behalf of Marine Le Pen in accordance with Rule 7(3) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union and Article 6(2) of the Act of 20 September 1976 concerning the election of the Members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to Article 26 of the Constitution of the French Republic,

               —

               having regard to Rules 6(2) and 7 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A7-0236/2013),

               A.

               whereas the Chief Prosecutor at the Lyon Court of Appeal has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Marine Le Pen, in connection with a legal action concerning an alleged offence;

               B.

               whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

               C.

               whereas Article 26 of the Constitution of the French Republic provides that Members of the French Parliament shall not be subject to legal proceedings for opinions expressed or votes cast by them while carrying out their duties;

               D.

               whereas Marine Le Pen is accused of incitement to hatred, discrimination or violence against a group of persons on grounds of their religious affiliation, an offence provided for in French law, namely in Article 24(8), Article 23(1), and Article 42 of the Act of 29 juli 1881 and Article 93-3 of Act 82-652 of 29 July 1982, the penalties for which are laid down in Article 24, paragraphs 8, 10, 11 and 12, of the Act of 29 juli 1881 and Article 131-26(2) and (3) of the Criminal Code;

               E.

               whereas the alleged action does not have a direct or obvious connection with Marine Le Pen’s performance of her duties as a Member of the European Parliament or constitute opinions expressed or votes cast in the performance of her duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               F.

               whereas the accusation bears no relation to Marine Le Pen’s position as a Member of the European Parliament;

               G.

               whereas there is no reason to suspect the existence of a fumus persecutionis;

               1.

               Decides to waive the immunity of Marine Le Pen;

               2.

               Instructs its President to forward this decision and the report of its competent committee immediately to the Minister of Justice of the French Republic and to Marine Le Pen.

      (1)  Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565); and Judgment of 17 September 2013 in Joined Cases T-346/11 and T-347/11, Gollnisch v Parliament (not yet published in the ECR).


title: Council Decision (EU) 2016/839 of 23 May 2016 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part

text:
               28.5.2016

               EN

               Official Journal of the European Union

               L 141/28

         COUNCIL DECISION (EU) 2016/839
   of 23 May 2016
   on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) thereof, as well as Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               On 15 June 2009, the Council authorised the Commission to open negotiations with the Republic of Moldova for the conclusion of a new Agreement between the Union and the Republic of Moldova to replace the Partnership and Cooperation Agreement (2).

               (2)

               Those negotiations were successfully finalised and the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (‘the Agreement’), was initialled on 29 November 2013.

               (3)

               In accordance with Council Decision 2014/492/EU (3), the Agreement was signed on 27 June 2014, subject to its conclusion at a later date.

               (4)

               Pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is appropriate for the Council to authorise the Commission to approve modifications to the Agreement to be adopted by the Association Committee in Trade configuration, as set out in Article 438(4) of the Agreement, as proposed by the Geographical Indications Sub-Committee pursuant to Article 306 of the Agreement.

               (5)

               It is appropriate to set out the relevant procedures for the protection of geographical indications which are given protection pursuant to the Agreement.

               (6)

               The Agreement should not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.

               (7)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (‘the Agreement’), is hereby approved on behalf of the Union (4).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 464(1) of the Agreement (5).
   Article 3
   For the purposes of Article 306 of the Agreement, modifications to the Agreement through decisions of the Geographical Indications Sub-Committee shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach agreement following objections relating to a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (6).
   Article 4
   1.   A name protected under Sub-Section 3 ‘Geographical Indications’ of Chapter 9 of Title V of the Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification.
   2.   In accordance with Article 301 of the Agreement, the Member States and the institutions of the Union shall enforce the protection provided for in Articles 297 to 300 of the Agreement, including at the request of an interested party.
   Article 5
   The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.
   Article 6
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 23 May 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Consent given on the 13 November 2014 (not yet published in the Official Journal).

      (2)  Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova (OJ L 181, 24.6.1998, p. 3).

      (3)  Council Decision 2014/492/EU of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L 260, 30.8.2014, p. 1).

      (4)  The Agreement has been published in the Official Journal of the European Union (OJ L 260, 30.8.2014, p. 3) together with the decision on its signature.

      (5)  The date of the entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      (6)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).


title: Council Decision of 12 June 2017 appointing the Vice-President of the Community Plant Variety Office

text:
               16.6.2017

               EN

               Official Journal of the European Union

               C 191/12

         COUNCIL DECISION
   of 12 June 2017
   appointing the Vice-President of the Community Plant Variety Office
   (2017/C 191/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 43(3) thereof,
   Whereas:

               (1)

               By Decision of 19 March 2012 (2), the Council renewed the term of office of Mr Carlos PEREIRA GODINHO as Vice-President of the Community Plant Variety Office (the ‘Office’).

               (2)

               The term of office of Mr Carlos PEREIRA GODINHO expired on 31 March 2017.

               (3)

               On 12 April 2017, after obtaining the opinion of the Administrative Council of the Office, the Commission proposed Mr Francesco MATTINA as a single candidate for the post of Vice-President of the Office,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Mr Francesco MATTINA is hereby appointed Vice-President of the Community Plant Variety Office (the ‘Office’) for a period of 5 years.
   2.   The term of office of Mr Francesco MATTINA shall run from the date on which he takes up his duties. This date shall be agreed between the President and the Administrative Council of the Office.
   Article 2
   The Chairperson of the Administrative Council of the Office shall be empowered to sign the contract of employment with Mr Francesco MATTINA.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 12 June 2017.

            For the Council

            The President

         C. CAMILLERI

      (1)  OJ L 227, 1.9.1994, p. 1.

      (2)  Council Decision of 19 March 2012 renewing the term of office of the Vice-President of the Community Plant Variety Office (OJ C 82, 21.3.2012, p. 6).