Avis juridique important

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32001D0822(01)

2001/822/EC: Appendix 2 to Annex III to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community ("Overseas Association Decision")

Official Journal L 324 , 07/12/2001 P. 0001 - 0080

Appendix 2 to Annex III to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community ("Overseas Association Decision")(1)(1) OJ L 314, 30.11.2001, p. 1.Appendix 2List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status>TABLE>


title: Council Decision of 17 June 2016 adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2016

text:
               23.6.2016

               EN

               Official Journal of the European Union

               C 227/2

         COUNCIL DECISION
   of 17 June 2016
   adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2016
   (2016/C 227/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
   Whereas:

               —

               the Union’s budget for the financial year 2016 was definitively adopted on 25 November 2015 (2),

               —

               on 15 April 2016, the Commission submitted a proposal containing draft amending budget No 2 to the general budget for the financial year 2016,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 2 of the European Union for the financial year 2016 was adopted on 17 June 2016.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Luxembourg, 17 June 2016.

            For the Council

            The President

         J. R. V. A. DIJSSELBLOEM

      (1)  OJ L 298, 26.10.2012, p. 1.

      (2)  OJ L 48, 24.2.2016, p. 1.


title: 2012/764/EU: Council Decision of 6 December 2012 concerning the request of Ireland to take part in some of the provisions of the Schengen acquis relating to the establishment of a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice

text:
               11.12.2012

               EN

               Official Journal of the European Union

               L 337/48

         COUNCIL DECISION
   of 6 December 2012
   concerning the request of Ireland to take part in some of the provisions of the Schengen acquis relating to the establishment of a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice
   (2012/764/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Article 4 of the Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union (hereinafter the ‘Schengen Protocol’),
   Having regard to the request by the Government of Ireland, by its letter to the President of the Council of 14 March 2012, to participate in certain provisions of the Schengen acquis, as specified in that letter,
   Whereas:

               (1)

               By Decision 2002/192/EC (1) the Council authorised Ireland to take part in some of the provisions of the Schengen acquis, in accordance with the conditions set out in that Decision.

               (2)

               On 25 October 2011 the European Parliament and the Council adopted Regulation (EU) No 1077/2011 (2) establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (hereinafter the ‘Agency’).

               (3)

               In accordance with Regulation (EU) No 1077/2011, the Agency is responsible for the operational management of the second generation Schengen Information System (SIS II), the Visa Information System (VIS) and Eurodac, and it may be made responsible for the preparation, development and operational management of other large-scale IT systems in the area of freedom, security and justice, on the basis of a relevant legislative instrument, based on Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU).

               (4)

               The Agency has a single legal personality and is characterised by the unity of its organisational and financial structure. To that end, and in accordance with Article 288 of the TFEU, the Agency was established by means of a single legislative instrument which is applicable in its entirety in the Member States bound by it. This excludes the possibility of partial applicability of Regulation (EU) No 1077/2011 for Ireland. Consequently, necessary steps should be taken to ensure that Regulation (EU) No 1077/2011 in its entirety is applicable to Ireland.

               (5)

               SIS II is part of the Schengen acquis. Regulation (EC) No 1987/2006 of the European Parliament and of the Council (3) and Council Decision 2007/533/JHA (4) govern the establishment, operation and use of SIS II. However, Ireland has only taken part in the adoption of Decision 2007/533/JHA which develops the provisions of the Schengen acquis referred to in Article 1(a)(ii) of Decision 2002/192/EC.

               (6)

               VIS is also part of the Schengen acquis. Ireland neither took part in the adoption of, nor is bound by Decision 2004/512/EC (5), Regulation (EC) No 767/2008 (6) and Decision 2008/633/JHA (7) which govern the establishment, operation or use of VIS.

               (7)

               Eurodac is not part of the Schengen acquis. Ireland has taken part in the adoption of, and is bound by, Council Regulation (EC) No 2725/2000 (8) which governs the establishment, operation and use of Eurodac. However, in so far as the provisions of Regulation (EU) No 1077/2011 relate to Eurodac, in accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland did not take part in the adoption of Regulation (EU) No 1077/2011 and is therefore not bound by it nor subject to its application.

               (8)

               In accordance with Article 4 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, Ireland notified the Commission and the Council by letters of 14 March 2012, of its intention to accept the provisions of Regulation (EU) No 1077/2011 relating to Eurodac.

               (9)

               In accordance with the procedure provided for in Article 331(1) of the TFEU, the Commission confirmed by Decision C(2012) 4881 of 18 July 2012, the application to Ireland of Regulation (EU) No 1077/2011 in so far as its provisions relate to Eurodac. That Decision provides that Regulation (EU) No 1077/2011 comes into force for Ireland on the date of entry into force of the Council Decision concerning the request of Ireland to take part in the provisions of Regulation (EU) No 1077/2011 relating to SIS II, as governed by Regulation (EC) No 1987/2006, and relating to the VIS.

               (10)

               Given that, following the adoption of Commission Decision C(2012) 4881, the first precondition for the participation of Ireland in Eurodac-related provisions of Regulation (EU) No 1077/2011 is fulfilled, and given its partial participation in SIS II related provisions, Ireland has the right to participate in the activities of the Agency, to the extent that the Agency is responsible for the operational management of SIS II as governed by Decision 2007/533/JHA, and the operational management of Eurodac.

               (11)

               In order to ensure compliance with the Treaties and the applicable Protocols, and at the same time to safeguard the unity and consistency of Regulation (EU) No 1077/2011, Ireland has requested, by letter of 14 March 2012, to take part in that Regulation under Article 4 of the Schengen Protocol to the extent that the Agency is responsible for the operational management of SIS II as governed by Regulation (EC) No 1987/2006 and the operational management of VIS.

               (12)

               The Council recognises the right of Ireland to make, in accordance with Article 4 of the Schengen Protocol, a request for participation in Regulation (EU) No 1077/2011, to the extent that Ireland does not participate in that Regulation on other grounds.

               (13)

               Participation of Ireland in Regulation (EU) No 1077/2011 is without prejudice to the fact that at present Ireland does not and cannot participate in the provisions of the Schengen acquis relating to the free movement of third country nationals, visa policy and the crossing by persons of the external borders of the Member States. Regulation (EU) No 1077/2011 therefore contains specific provisions reflecting this special position of Ireland, in particular as regards limited voting rights in the Management Board of the Agency.

               (14)

               The Mixed Committee, established pursuant to Article 3 of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application, and development of the Schengen acquis
                   (9), has been informed about the preparation of this Decision in accordance with Article 5 of that Agreement.

               (15)

               The Mixed Committee, established pursuant to Article 3 of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
                   (10), has been informed about the preparation of this Decision in accordance with Article 5 of that Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   Further to Decision 2002/192/EC, Ireland shall take part in Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice to the extent that it relates to the operational management of the Visa Information System (VIS) and the parts of the second generation Schengen Information System (SIS II), in which Ireland does not participate.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 6 December 2012.

            For the Council

            The President

         L. LOUCA

      (1)  OJ L 64, 7.3.2002, p. 20.

      (2)  OJ L 286, 1.11.2011, p. 1.

      (3)  OJ L 381, 28.12.2006, p. 4.

      (4)  OJ L 205, 7.8.2007, p. 63.

      (5)  Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p. 5).

      (6)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).

      (7)  Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129).

      (8)  Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316, 15.12.2000, p. 1).

      (9)  OJ L 176, 10.7.1999, p. 36.

      (10)  OJ L 53, 27.2.2008, p. 52.


title: Council Decision (EU) 2016/205 of 12 February 2016 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions

text:
               16.2.2016

               EN

               Official Journal of the European Union

               L 39/43

         COUNCIL DECISION (EU) 2016/205
   of 12 February 2016
   appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Austrian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Michael SCHICKHOFER,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mag. Doris KAMPUS, Landesrätin in der steirischen Landesregierung.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: Council Decision (EU) 2017/561 of 21 March 2017 on the position to be adopted on behalf of the European Union within the EU-Mexico Joint Committee relating to amendments to Annex III to Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 concerning the definition of the concept of originating products and methods of administrative cooperation (Andorra and San Marino, and certain product-specific rules of origin for chemicals)

text:
                  25.3.2017

                  EN

                  Official Journal of the European Union

                  L 80/26

            COUNCIL DECISION (EU) 2017/561
      of 21 March 2017
      on the position to be adopted on behalf of the European Union within the EU-Mexico Joint Committee relating to amendments to Annex III to Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 concerning the definition of the concept of originating products and methods of administrative cooperation (Andorra and San Marino, and certain product-specific rules of origin for chemicals)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  Annex III to Decision No 2/2000 of the EC-Mexico Joint Council (1) established by the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part (2), signed in Brussels on 8 December 1997 (‘the Agreement’), sets out the rules of origin for the products originating in the territory of the Parties to the Agreement. Article 38 of Annex III to Decision No 2/2000 allows the EU-Mexico Joint Committee to amend that Annex.

                  (2)

                  The European Union has in place a customs union with the Principality of Andorra for products falling within Chapters 25 to 97 of the Harmonized System and with the Republic of San Marino for products falling within Chapters 1 to 97 of the Harmonized System. This customs union allows goods originating in Mexico to benefit from preferential treatment under Decision No 2/2000 also when exported to Andorra and San Marino.

                  (3)

                  It has been agreed that Mexico will accept products falling within Chapters 25 to 97 of the Harmonized System originating in the Principality of Andorra and products falling within Chapters 1 to 97 of the Harmonised System originating in the Republic of San Marino as products originating in the EU within the meaning of Annex III to Decision No 2/2000.

                  (4)

                  An Appendix VI should therefore be added to Annex III to Decision No 2/2000 to allow those products to be treated, when imported into Mexico, in a similar way to products originating in the Union, and to lay down provisions regarding the application of Annex III to those products.

                  (5)

                  Joint Declaration V (3) to Decision No 2/2000 provides that the EC-Mexico Joint Committee established by the Agreement is to review the necessity to extend beyond 30 June 2003 the application of the rules of origin set out in Notes 2 and 3 of Appendix II(a) to Annex III to Decision No 2/2000 (‘Notes 2 and 3’). That review concerns the product-specific rules in Appendix II to Annex III to Decision No 2/2000 for certain chemical products under the Harmonised System headings 2914 and 2915.

                  (6)

                  The EU-Mexico Joint Committee is to adopt a Decision, extending the application of the rules of origin established in Notes 2 and 3 for the fourth time. That Decision is to apply until 31 December 2019.

                  (7)

                  It is appropriate to extend the application of the rules of origin established in Notes 2 and 3 on a permanent basis, because they are in line with the principles of the modernisation of the Agreement.

                  (8)

                  Appendix II to Annex III to Decision No 2/2000 should therefore be amended to extend the application of the rules of origin established in Notes 2 and 3 on a permanent basis.

                  (9)

                  The position of the Union within the EU-Mexico Joint Committee should therefore be based on the attached draft Decision,

            HAS ADOPTED THIS DECISION:
      Article 1
      1.   The position to be adopted on behalf of the Union within the EU-Mexico Joint Committee relating to amendments to Annex III to Decision No 2/2000 of the EC-Mexico Joint Council shall be based on the draft Decision of the EU-Mexico Joint Committee attached to this Decision.
      2.   The representatives of the Union in the EU-Mexico Joint Committee may agree to minor changes to the draft Decision of the EU-Mexico Joint Committee referred to in paragraph 1 without further decision of the Council.
      Article 2
      The Decision of the EU-Mexico Joint Committee relating to amendments to Annex III to Decision No 2/2000 of the EC-Mexico Joint Council shall be published in the Official Journal of the European Union.

         Done at Brussels, 21 March 2017.

               For the Council

               The President

            E. SCICLUNA

         (1)  Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 (OJ L 157, 30.6.2000, p. 10).

         (2)  OJ L 276, 28.10.2000, p. 45.

         (3)  OJ L 245, 29.9.2000, p. 1167.

         DRAFT
         DECISION No 2/2017 OF THE EU-MEXICO JOINT COMMITTEE
         of …
         relating to amendments to Annex III to Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 concerning the definition of the concept of originating products and methods of administrative cooperation (Andorra and San Marino, and certain product-specific rules of origin for chemicals)
         THE JOINT COMMITTEE,
         Having regard to Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 (1) and its Annex III, and in particular Article 38 of Annex III,
         Whereas:

                     (1)

                     Annex III to Decision No 2/2000 (‘Annex III’) sets out the rules of origin for the products originating in the territory of the Parties to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 1997 (2) (‘the Agreement’).

                     (2)

                     The European Union has in place customs unions with the Principality of Andorra and with the Republic of San Marino, respectively, and, as a result, goods originating in Mexico benefit from preferential treatment when exported to those two countries.

                     (3)

                     It has been agreed that Mexico will accept products falling within Chapters 25 to 97 of the Harmonized System originating in the Principality of Andorra and products falling within Chapters 1 to 97 of the Harmonised System originating in the Republic of San Marino as products originating in the European Union within the meaning of Annex III.

                     (4)

                     An Appendix VI should therefore be added to Annex III to allow those products to be treated, when imported into Mexico, in a similar way to products originating in the European Union, and to establish provisions regarding the application of Annex III to those products.

                     (5)

                     On … the Joint Committee adopted Decision No 1/2017 (3)
                         (1), which extends the application of the rules of origin established in Notes 2 and 3 of Appendix II(a) to Annex III (‘Notes 2 and 3’) for the fourth time. The extension provided for in Decision No 1/2017 applies until 31 December 2019.

                     (6)

                     It is appropriate to extend the application of the rules of origin established in Notes 2 and 3 on a permanent basis, because they are in line with the principles of the modernisation of the Agreement.

                     (7)

                     Annex III should therefore be amended accordingly,

               HAS ADOPTED THIS DECISION:
         Article 1
         1.   Appendix II to Annex III to Decision No 2/2000 is amended as set out in Annex I to this Decision.
         2.   An Appendix VI is added to Annex III to Decision No 2/2000 as set out in Annex II to this Decision.
         Article 2
         This Decision shall enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.

            Done at …,

                  For the Joint Committee

            (1)  OJ L 157, 30.6.2000, p. 10.

            (2)  OJ L 276, 28.10.2000, p. 45.

            (3)  Decision No 1/2017 of the EU-Mexico Joint Committee of … relating to amendments to Annex III to Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 concerning the definition of the concept of originating products and methods of administrative cooperation (certain product-specific rules of origin for chemicals) (OJ L …).

            (1)

                     +

                     OJ: Please insert in the text the date of Decision No 1/2017 of the EU-Mexico Joint Committee and complete the corresponding footnote.

            ANNEX I
            In Appendix II to Annex III to Decision No 2/2000, the entries for HS headings 2914 and 2915 are replaced by the following:

                           ‘HS heading

                           Description of product

                           Working or processing carried out on non-originating materials that confers originating status

                           (1)

                           (2)

                           (3) or (4)

                           ex 2914

                                       —

                                       Diacetone alcohol

                                       —

                                       Methyl isobutyl ketone

                                       —

                                       Mesityl oxide

                           Manufacture from acetone

                           Manufacture in which a chemical reaction is made (*1)

                           2915

                           Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives, except for:

                           Manufacture from materials of any heading. However, the value of all the materials of headings 2915  and 2916  used may not exceed 20 % of the ex-works price of the product

                           Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

                                       —

                                       Acetic anhydride, ethyl and n-butyl acetate, vinyl acetate, isopropyl and methylamyl acetate, mono-, di- or trichloroacetic acids, their salts and esters

                           Manufacture from materials of any heading. However, the value of all the materials of heading 2916  used may not exceed 20 % of the ex-works price of the product

                           Manufacture in which a chemical reaction is made (*1)

               (*1)  A “chemical reaction” is a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.
            The following processes should not be considered for purposes of origin:

                        (a)

                        dissolving in water or other solvents;

                        (b)

                        the elimination of solvents including solvent water; or

                        (c)

                        the addition or elimination of water of crystallization.’.

            ANNEX II
            The following Appendix is added to Annex III to Decision No 2/2000:‘
               Appendix VI
               THE PRINCIPALITY OF ANDORRA AND THE REPUBLIC OF SAN MARINO

                           1.

                           Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System shall be accepted by Mexico under the same customs regime as that which applies to products imported from and originating in the European Union, as long as the customs union established by Council Decision 90/680/EEC of 26 November 1990 (1) remains in force.

                           2.

                           Products originating in Mexico falling within Chapters 25 to 97 of the Harmonized System benefit from the same preferential tariff treatment when imported into Andorra as they receive when imported into the European Union, as long as the customs union established by Decision 90/680/EEC remains in force.

                           3.

                           Products originating in the Republic of San Marino falling within Chapters 1 to 97 of the Harmonized System shall be accepted by Mexico under the same customs regime as that which applies to products imported from and originating in the European Union, as long as the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, done at Brussels on 16 December 1991 (2), remains in force.

                           4.

                           Products originating in Mexico falling within Chapters 1 to 97 of the Harmonized System benefit from the same preferential tariff treatment when imported into San Marino as they receive when imported into the European Union, as long as the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, done at Brussels on 16 December 1991, remains in force.

                           5.

                           Annex III shall apply mutatis mutandis to the trade of the products referred to in points 1 to 4.

                           6.

                           The exporter or his authorised representative shall enter “Mexico” as well as either “the Principality of Andorra” or “the Republic of San Marino” in Box 2 of the EUR.1 movement certificate or on the invoice declaration. In addition, that information shall be entered in Box 4 of the EUR.1 movement certificate, or on the invoice declaration in the case of products originating in the Principality of Andorra or the Republic of San Marino.

                           7.

                           The European Union shall send to Mexico samples of the EUR.1 movement certificates, the stamps to be used by the Principality of Andorra and the Republic of San Marino, and the addresses of the authorities responsible for the verification process in the Principality of Andorra and the Republic of San Marino.

                           8.

                           If the competent governmental authority of the Principality of Andorra or the Republic of San Marino does not comply with the provisions of Annex III, Mexico may take the case to the Special Committee on Customs Cooperation and Rules of Origin established by Article 17 of Decision No 2/2000, in order for appropriate measures to be determined to resolve the issue.

                     ’.
               (1)  Council Decision 90/680/EEC of 26 November 1990 on the conclusion of an agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra (OJ L 374, 31.12.1990, p. 13).

               (2)  OJ L 84, 28.3.2002, p. 43.


Important legal notice

|

52006DP0588

European Parliament decision on amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG))

Official Journal 317 E , 23/12/2006 P. 0747 - 0748

		20061223P6_TA(2006)0588Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisionsEuropean Parliament decision on amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG))The European Parliament,- having regard to its position of 6 July 2006 on the draft Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, and, in particular, paragraph 2 thereof [1],- having regard to the Council Decision 2006/512/EC of 17 July 2006 amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission [2],- having regard to the letter of its President of 20 July 2006,- having regard to Rules 201 and 202 of its Rules of Procedure,- having regard to the report of the Committee on Constitutional Affairs (A6-0415/2006);WhereasA. negotiations between the European Parliament, the Council and the Commission have led to the conclusion of an interinstitutional agreement taking the form of a joint statement welcoming the draft for a new procedure to be introduced into Decision 1999/468/EC,B. the new procedure, known as the "regulatory procedure with scrutiny", entitles the European Parliament and the Council to scrutinise "quasi-legislative" measures implementing an instrument adopted by codecision on an equal footing and to reject such measures,C. decision 2006/512/EC is accompanied by this joint statement, a statement by the Commission recorded in the minutes of the Council and statements by the Commission concerning the implementation and application of the new procedure,D. it is appropriate to modify Rule 81 of the Rules of Procedure so as to enable Parliament to make use of the rights under the new procedure under the best possible conditions,1. Decides to amend its Rules of Procedure as shown below;2. Decides that the amendment will enter into force on 1 January 2007;3. Instructs its President to ensure through arrangements with the other institutions at the administrative level, that drafts of measures are not transmitted to Parliament shortly before a recess of Parliament;4. Instructs its President to forward this decision to the Council and Commission, for information.Amendments 1 and 2Rule 81Rule 81Implementing provisions1. When the Commission forwards a draft implementing measure to Parliament, the President shall refer the document in question to the committee responsible for the act from which the implementing provisions derive.2. On a proposal from the committee responsible, Parliament may, within one month — or three months for financial services measures — of the date of receipt of the draft implementing measure, adopt a resolution objecting to the draft measure, in particular if it exceeds the implementing powers provided for in the basic instrument. Where there is no part-session before the deadline expires, or in cases where urgent action is required, the right of response shall be deemed to have been delegated to the committee responsible. This shall take the form of a letter from the committee chairman to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament. If Parliament objects to the measure, the President shall request the Commission to withdraw or amend the measure or submit a proposal under the appropriate legislative procedure.Rule 81Implementing measures1. When the Commission forwards a draft of implementing measures to Parliament, the President shall refer the draft of measures to the committee responsible for the act from which the implementing measures derive. When enhanced cooperation between committees has taken place with regard to the basic act, the committee responsible shall invite the other committee to communicate its views orally or by letter.2. The chairman of the committee responsible shall set a deadline for Members to propose that the committee objects to the draft of measures. Where the committee considers it to be appropriate, it may decide to appoint a rapporteur from among its members or permanent substitutes. If the committee objects to the draft of measures, it shall table a motion for a resolution opposing the adoption of the draft of measures which may also indicate the changes that ought to be brought to the draft of measures.If, within the applicable deadline from the date of receipt of the draft of measures, Parliament adopts such a resolution the President shall request the Commission to withdraw or amend the draft of measures or submit a proposal under the appropriate legislative procedure.3. Where there is no part-session before the deadline expires, the right of response shall be deemed to have been delegated to the committee responsible. This response shall take the form of a letter from the committee chairman to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament.4. If the implementing measures envisaged by the Commission fall under the Regulatory Procedure with Scrutiny, paragraph 3 shall not apply and paragraphs 1 and 2 shall be supplemented as follows:(a) the time for scrutiny starts to run when the draft of measures has been submitted to Parliament in all official languages;(b) Parliament may oppose the adoption of the draft of measures, justifying its opposition by indicating that the draft of measures exceeds the implementing powers provided for in the basic instrument, is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality;(c) Parliament may oppose the adoption of the draft of measures acting by a majority of its component members.(d) If the draft of measures is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which provides for curtailed time-limits for the opposition of Parliament, a motion for resolution opposing the adoption of the draft of measures may be tabled by the chairman of the committee responsible if the committee has not been able to meet in the time available.[1] P6_TA(2006)0310.[2] OJ L 200, 22.7.2006, p. 11.--------------------------------------------------


title: 2013/601/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the Euratom Supply Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/302

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the Euratom Supply Agency for the financial year 2011
   (2013/601/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (4), and in particular Article 8 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0104/2013),

               1.

               Approves the closure of the accounts of the Euratom Supply Agency for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Director-General of the Euratom Supply Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 171.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 41, 15.2.2008, p. 15.

      (5)  OJ L 357, 31.12.2002, p. 72.


title: 2011/593/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Training Foundation for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/200

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Training Foundation for the financial year 2009
   (2011/593/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Training Foundation for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Training Foundation for the financial year 2009, together with the Foundation’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (3), and in particular Article 17 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0109/2011),

               1.

               Approves the closure of the accounts of the European Training Foundation for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Director of the European Training Foundation, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 149.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 354, 31.12.2008, p. 82.

      (4)  OJ L 357, 31.12.2002, p. 72.


title: 2013/277/EU: Decision of the European Parliament and of the Council of 21 May 2013 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/016 IT/Agile from Italy)

text:
               12.6.2013

               EN

               Official Journal of the European Union

               L 160/12

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 21 May 2013
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/016 IT/Agile from Italy)
   (2013/277/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to 30 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Italy submitted an application on 30 December 2011 to mobilise the EGF in respect of redundancies in the enterprise Agile S.r.l. and supplemented it by additional information up to 2 October 2012. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission therefore proposes to mobilise an amount of EUR 3 689 474.

               (5)

               The EGF should therefore be mobilised in order to provide a financial contribution for the application submitted by Italy,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2013, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 3 689 474 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 21 May 2013.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         L. CREIGHTON

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


Avis juridique important

|

E1994C0163

EFTA SURVEILLANCE AUTHORITY DECISION No 163/94/COL of 16 November 1994 according to Article 10 (2) of the Act referred to in point 1 of Annex VII to the EEA Agreement (Council Directive 89/48/EEC), on a draft provision submitted by the Austrian Federal Minister for Economic Affairs

Official Journal L 383 , 31/12/1994 P. 0011 - 0013

EFTA SURVEILLANCE AUTHORITY DECISION No 163/94/COL of 16 November 1994 according to Article 10 (2) of the Act referred to in point 1 of Annex VII to the EEA Agreement (Council Directive 89/48/EEC), on a draft provision submitted by the Austrian Federal Minister for Economic Affairs THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, and in particular Article 30 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 thereof,Having regard to the Act referred to in point 1 of Annex VII to the EEA Agreement on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (Council Directive 89/48/EEC, hereinafter to as Directive 89/48/EEC), and in particular Articles 4 (1) (b) and 10 thereof,Whereas:I. BACKGROUND The Surveillance Authority received on 19 August 1994, in accordance with Article 10 (1) of Directive 89/48/EEC, a draft provision together with the justifying grounds from the Austrian authorities which would withdraw from migrants the right to choose between an adaptation period and an aptitude test and impose the aptitude test on the migrant for the profession of Ingenieurkonsulent (engineering consultant). The draft provision and the justification were both submitted exclusively in the German language.On 12 September 1994 the other EFTA States and the Commission were notified of the Austrian draft, and were also provided with an English translation of the documents. The date of 14 November 1994 was set as a deadline for comments from EFTA States on the draft so that any observation could be taken into consideration when the derogation was decided on.A discussion on the draft took place on 11 October 1994 during a meeting of the Coordinating Group on Mutual Recognition of Higher-Education Diplomas referred to in the EEA Agreement, Protocol 37, point 9. The Austrian arguments failed to convince the coordinators from the EU and EFTA Member States that the derogation was justified.On 28 October 1994 the Commission transmitted a comment on the Austrian draft indicating that it did not consider the derogation justified.On 31 October 1994 Finland indicated in its comment on the draft that it did not consider the derogation justified.II. THE RELEVANT LEGAL PROVISIONS Directive 89/48/EEC on a general system for the recognition of higher education diplomas awarded on completion of professional education of at least three years' duration states in Article 3 that the competent authority of a Member State may not, on the grounds of inadequate qualifications, refuse to authorize a national of a Member State to take up or pursue a profession on the same conditions as apply to its own nationals if the applicant holds the diploma required in another Member State for the taking up or pursuit of that profession in question or if the applicant possesses evidence of formal qualification of an equivalent level and has pursued the profession full-time for two years during the previous 10 years in another Member State which does not regulate that profession.However, Article 4 (1) (b) of the Directive entitles the host Member State to require the applicant to complete an adaptation period not exceeding three years or take an aptitude test where the matters covered by the education and training he has received differ substantially from those covered by the diploma required in the host Member State. Should the host Member State make use of this possiblity, it must give the applicant the right to choose between an adaptation period and an aptitude test. By way of derogation from this principle, for professions whose practice requires precise knowledge of national law and in respect of which the provision of advice and/or assistance concerning national law is an essential and constant aspect of the professional activity, the host Member State may stipulate either an adaptation period or an aptitude test. Where the host Member State intends to introduce derogations for other professions as regards an applicant's right to choose the procedure laid down in Article 10 applies.Article 10 of Directive 89/48/EEC stipulates that if a Member State proposes not to grant applicants the right to choose between an adaptation period and an aptitude test in respect of a profession within the meaning of the Directive, it shall immediately communicate to the Commission/Surveillance Authority for the EFTA States the corresponding draft provision. It shall at the same time notify the Commission/Surveillance Authority of the grounds which make the enactment of such a provision necessary. The Commission/Surveillance Authority shall immediately notify the other Member States of any draft it has received; it may also consult the coordinating group referred to in Article 9 (2) of the Directive. Without prejudice to the possibility for the Commission/Surveillance Authority and the other Member States of making comments on the draft the Member State may adopt the provision only if the Commission/Surveillance Authority has not taken a decision to the contrary within three months.III. AUSTRIAN ARGUMENTS Austria listed as reasons which justify the exclusion of the option to choose the fact that although for the profession of engineering consultant knowledge of the relevant technical literature is an essential requisite for pursuing the profession, the scope of the work involved means that precise knowledge of the relevant Austrian legislation and administrative law is also an essential prerequisite for pursuing the profession. Engineering consultants have the special entitlement of acting as a professional representative before authorities and public corporations. Furthermore engineering consultants are 'technical notaries' meaning that they are by law persons with public trust and are as such entitled to draw up public documents. In view of this and the explicit or general references to engineering consultants in more than 50 Austrian Federal laws or Austrian ordinances, precise knowledge of national law constitutes an indispensable precondition for the proper pursuance of the profession. Therefore it was considered necessary to impose the aptitude test.IV. LEGAL ASSESSMENT Articles 4 (1) (b) and 10 of Directive 89/48/EEC provide for exceptions to the general rule granting to migrants the right to choose between an aptitude test and an adaptation period. As such they are, in accordance with general principles of interpretation of Community law, to be given a strict interpretation. For the reasons of homogeneity the same should apply in the context of the Agreement on the European Economic Area.As indicated in the ninth recital of the preamble to the Directive, both the aptitude test and the adaptation period are intended to assess the ability of the migrant to adapt to his new professional environment. Although the aptitude test has the advantage, from the migrant's point of view, of offering a more rapid means of obtaining recognition, the adaptation period gives him the opportunity to practice his profession immediately in the host Member State, albeit under the supervision of a qualified member of the profession. Migrants should, as far as possible, be entitled to choose the adaptation mechanism which is better suited to their personal circumstances. Any removal of this right must be fully justified by proving that one of the two mechanisms is unsuitable.The Austrian argument that precise knowledge of the relevant Austrian legislation and administrative law is an essential prerequisite for pursuing the profession can be applied to a large number of professions and is no peculiarity of the engineering profession. Each professional, whatever his main professional activity may involve, needs to know the legal framework in which the profession is exercised. This applies in particular to professions practised after completion of higher education at university level. No other EEA Member State which regulates the profession of engineer has felt it necessary to impose the aptitude test. An examination of the provisions in the Austrian legal system explicitly or generally referring to the engineering consultant has shown that the nature of the profession is mainly a technical one.The power to draw up public documents is shared with many other professions, for example, architects and doctors. These professions fall within the scope of sectorial Directives where recognition is automatic, meaning that neither the adaptation period nor the aptitude test can be imposed on the migrant.Finally, in accordance with Article 1 (f) of Directive 89/48/EEC, the adaptation period can possibly be accompanied by further training. Thus it would be possible to require engineering consultants who choose the adaptation period to attend a law course.Having regard to all the preceding considerations, the Surveillance Authority concludes that no convincing reasons were offered that the adaptation period was an inadequate or inappropriate means of compensating for the missing skills,HAS ADOPTED THIS DECISION:1. Austria may not adopt the draft provision communicated which derogates from the applicant's right pursuant to Article 4 (1) (b) of the Act referred to in point 1 of Annex VII to the EEA Agreement to choose between an aptitude test and an adaptation period in respect of the profession of 'Ingenieurkonsulent.'2. This Decision is addressed to the Republic of Austria. It shall be communicated to the EFTA States and the Commission of the European Communities. It shall be published in the EEA section of, and in the EEA supplement to the Official Journal of the European Communities.Done at Brussels, 16 November 1994.For the EFTA Surveillance AuthorityKnut ALMESTADThe President


title: 2014/316/EU: Council Decision of 15 November 2013 on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               4.6.2014

               EN

               Official Journal of the European Union

               L 165/3

         COUNCIL DECISION
   of 15 November 2013
   on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

      (2014/316/EU)

   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(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the Act of accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 24 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States and the Republic of Croatia, with the Republic of Albania in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

               (2)

               These negotiations were successfully completed and the Protocol was approved by the Albanian authorities, through an Exchange of Letters on 1 August 2013.

               (3)

               The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

               (4)

               The conclusion of the Protocol is subject to a separate procedure as regards matters falling under the competence of the European Atomic Energy Community.

               (5)

               In view of Croatia's accession to the Union on 1 July 2013, the Protocol should be applied on a provisional basis from that date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis, in accordance with Article 10 thereof, as from 1 July 2013, pending the completion of the procedures for its conclusion.

      Done at Brussels, 15 November 2013.

            For the Council

            The President

         R. ŠADŽIUS


Avis juridique important

|

31994D0052

94/52/ECSC: Commission Decision of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Additional Protocol between the Community and the Czech Republic to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part

Official Journal L 025 , 29/01/1994 P. 0034 - 0034 Finnish special edition: Chapter 11 Volume 28 P. 0045  Swedish special edition: Chapter 11 Volume 28 P. 0045

COMMISSION DECISION of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Additional Protocol between the Community and the Czech Republic to the Interim Agreement on trade and trade-related  matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part (94/52/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,  Having regard to the conclusions of the European Council which has taken place in Copenhagen on 21 and 22 June 1993,  Whereas the Commission has negotiated on behalf of the Communities with the Czech Republic an Additional Protocol to the Interim Agreement on trade and trade-related matters;  Whereas it is necessary to approve this Additional Protocol;  Whereas the conclusion of the Additional Protocol is necessary to attain the objectives of the Community set out in particular in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community;  Whereas the Treaty did not make provision for all the cases covered by this Decision;  Having consulted the Consultative Committee and with the unanimous assent of the Council,  HAS DECIDED AS FOLLOWS:   Article 1  The Additional Protocol between the Community and the Czech Republic to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak  Federal Republic of the other part is hereby approved on behalf of the European Coal and Steel Community.  This text is attached to this Decision (1).   Article 2  The President of the Commission shall give the notification provided for in Article 8 of the Additional Protocol on behalf of the European Coal and Steel Community.  Done at Brussels, 20 December 1993.  For the Commission The president Jacques DELORS  (1) See page 12 of this Official Journal.


Avis juridique important

|

32003D0041

2003/41/EC: Council Decision of 19 December 2002 appointing a full Member of the Committee of the Regions

Official Journal L 013 , 18/01/2003 P. 0023 - 0023

Council Decisionof 19 December 2002appointing a full Member of the Committee of the Regions(2003/41/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 22 January 2002 appointing the Members and alternate Members of the Committee of the Regions(1),Whereas a seat as a full Member of the Committee of the Regions has become vacant following the resignation of Mr Sean O'NEACHTAIN, notified to the Council on 22 July 2002,Having regard to the proposal from the Irish Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Josie CONNEELY is hereby appointed a full Member of the Committee of the Regions in place of Mr Sean O'NEACHTAIN for the remainder of his term of office, which runs until 25 January 2006.Done at Brussels, 19 December 2002.For the CouncilThe PresidentL. Espersen(1) OJ L 24, 26.1.2002, p. 38.


Avis juridique important

|

31996D0241

96/241/Euratom, ECSC: Commission Decision of 12 March 1996 on the conclusion on behalf of the European Coal and Steel Community and the European Atomic Energy Community of the Interim Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Moldova, of the other, on trade and trade-related matters

Official Journal L 079 , 29/03/1996 P. 0029 - 0029

COMMISSION DECISION of 12 March 1996 on the conclusion on behalf of the European Coal and Steel Community and the European Atomic Energy Community of the Interim Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Moldova, of the other, on trade and trade-related matters (96/241/Euratom, ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,Whereas, pending the entry into force of the Partnership and Cooperation Agreement signed in Brussels on 28 November 1994, it is necessary to approve the Interim Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Moldova, of the other part, on trade and trade-related matters signed in Brussels on 2 October 1995;Whereas the conclusion of the Interim Agreement is necessary to attain the objectives of the Community set out in particular in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community, and whereas the Treaty did not make provision for all the cases covered by this Decision;Having consulted the Consultative Committee and with the assent of the Council,HAS DECIDED AS FOLLOWS:Article 1 The Interim Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Moldova, of the other part, on trade and trade-related matters, together with the Protocol and the declarations, are hereby approved on behalf of the European Coal and Steel Community and the European Atomic Energy Community.These texts are attached to this Decision (1).Article 2 The President of the Commission shall give the notification provided for in Article 35 of the Interim Agreement on behalf of the European Coal and Steel Community and the European Atomic Energy Committee.Done at Brussels, 12 March 1996.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ No L 40, 17. 2. 1996, pp. 11 and 40.


title: Commission Decision (EU) 2017/599 of 22 March 2017 on the proposed citizens' initiative entitled ‘EU Citizenship for Europeans: United in Diversity in Spite of jus soli and jus sanguinis’ (notified under document C(2017) 2001)

text:
               28.3.2017

               EN

               Official Journal of the European Union

               L 81/18

         COMMISSION DECISION (EU) 2017/599
   of 22 March 2017
   on the proposed citizens' initiative entitled ‘EU Citizenship for Europeans: United in Diversity in Spite of jus soli and jus sanguinis’

         (notified under document C(2017) 2001)

   (Only the English text is authentic)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative (1), and in particular Article 4 thereof,
   Whereas:

               (1)

               The subject-matter of the proposed citizens' initiative entitled ‘EU Citizenship for Europeans: United in Diversity in Spite of jus soli and jus sanguinis’ refers to the following ‘The nature and purpose of Citizenship of the Union, particularly in relation to nationality. Withdrawal of Member State from the Union and its effects. Citizens' Rights guaranteed by EU Law’.

               (2)

               Citizenship of the Union shall be additional to and not replace national citizenship. Holding the nationality of a Member State is a prerequisite for being a citizen of the Union. Citizenship of the Union of a person is therefore conditional on the membership of the Union of at least one of the states of which that person is a national.

               (3)

               This link between nationality of a Member State of the Union and the citizenship of the Union is established in the Treaties. There is no legal basis in the Treaties which would empower the EU institutions to adopt a legal act of the Union for the purpose of implementing the Treaties aiming at granting citizenship of the Union to persons who do not hold the nationality of a Member State of the Union.

               (4)

               Nevertheless, a legal act of the Union for the purpose of implementing the Treaties can be adopted in the field of rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of residence in other Member States of the EU. Such a legal act may therefore confer certain similar rights to those linked to citizenship of the Union on citizens of a state that has withdrawn from the Union pursuant to Article 50 TEU.

               (5)

               The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative.

               (6)

               To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible.

               (7)

               For those reasons, it is appropriate to consider that the proposed citizens' initiative, inasmuch as it aims at a proposal for a legal act of the Union for the purpose of implementing the Treaties in the field of rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of residence in other Member States of the EU and in particular conferring certain similar rights to those linked to citizenship of the Union on citizens of a state that has withdrawn from the Union pursuant to Article 50 TEU, does not fall manifestly outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation.

               (8)

               The proposed citizens' initiative entitled ‘EU Citizenship for Europeans: United in Diversity in Spite of jus soli and jus sanguinis’ should therefore be registered. Statements of support should be collected for this proposed citizens' initiative, inasmuch as it aims at a proposal for a legal act of the Union for the purpose of implementing the Treaties in the field of rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of residence in other Member States of the EU and in particular conferring certain similar rights to those linked to citizenship of the Union on citizens of a state that has withdrawn from the Union pursuant to Article 50 TEU.

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The proposed citizens' initiative entitled ‘EU Citizenship for Europeans: United in Diversity in Spite of jus soli and jus sanguinis’ is hereby registered.
   2.   Statements of support for this proposed citizens' initiative may be collected, based on the understanding that it aims at a proposal for a legal act of the Union that would ensure that, following the withdrawal of a Member State in accordance with Article 50 TEU, the citizens of that country can continue to benefit from similar rights to those which they enjoyed whilst that country was a Member State.
   Article 2
   This Decision shall enter into force on 27 March 2017.
   Article 3
   This Decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative entitled ‘EU Citizenship for Europeans: United in Diversity in Spite of jus soli and jus sanguinis’, represented by [Personal data deleted following the consultation of the organisers] acting as contact persons.

      Done at Brussels, 22 March 2017.

            For the Commission

         Frans TIMMERMANS

            Vice-President

      (1)  OJ L 65, 11.3.2011, p. 1.