title: Council Decision 2005/365/CFSP of 14 April 2005 concerning the conclusion of the Agreement between the European Union and the Republic of Bulgaria on security procedures for the exchange of classified information

text:
               5.5.2005

               EN

               Official Journal of the European Union

               L 118/52

         COUNCIL DECISION 2005/365/CFSP
   of 14 April 2005
   concerning the conclusion of the Agreement between the European Union and the Republic of Bulgaria on security procedures for the exchange of classified information
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               At its meeting on 27 and 28 November 2003, the Council decided to authorise the Presidency, assisted by the Secretary-General/High Representative (SG/HR), to open negotiations in accordance with Articles 24 and 38 of the Treaty on European Union with certain third States, in order for the European Union to conclude with each of them an Agreement on security procedures for the exchange of classified information.

               (2)

               Following this authorisation to open negotiations, the Presidency, assisted by the SG/HR, negotiated an Agreement with the Republic of Bulgaria on security procedures for the exchange of classified information.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Bulgaria on security procedures for the exchange of classified information is hereby approved on behalf of the European Union.
   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 in order to bind the European Union.
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 14 April 2005.

            For the Council

            The President

         L. FRIEDEN

   AGREEMENT
   between the Republic of Bulgaria and the European Union on the security procedure for the exchange of classified information
   THE REPUBLIC OF BULGARIA,
   of the one part, and
   THE EUROPEAN UNION, hereafter the ‘EU’, represented by the Presidency of the Council of the European Union,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   CONSIDERING THAT the Republic of Bulgaria and the EU share the objectives to strengthen their own security in all ways and to provide their citizens with a high level of safety within an area of security;
   CONSIDERING THAT the Republic of Bulgaria and the EU agree that consultations and cooperation should be developed between them on questions of common interest relating to security;
   CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the Republic of Bulgaria and the EU;
   RECOGNISING THAT full and effective consultation and cooperation may require access to the Republic of Bulgaria and EU classified information and material, as well as the exchange of classified information and related material between the Republic of Bulgaria and the EU;
   CONSCIOUS THAT such access to, and exchange of, classified information and related material requires appropriate security measures,
   HAVE AGREED AS FOLLOWS:
   Article 1
   In order to fulfill the objectives of strengthening the security of each of the Parties in all ways, this Agreement shall apply to classified information or material in any form either provided or exchanged between the Parties.
   Article 2
   For the purposes of this Agreement, classified information shall mean any information (namely, knowledge that can be communicated in any form) or material determined to require protection against unauthorised disclosure and which has been so designated by a security classification given to it by either party to this Agreement (hereinafter classified information).
   Article 3
   For the purposes of this Agreement, ‘EU’ shall mean the Council of the European Union (hereinafter the Council), the Secretary General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereinafter the European Commission).
   Article 4
   Each Party shall:

               (a)

               protect and safeguard classified information subject to this Agreement provided or exchanged by the other Party;

               (b)

               ensure that classified information subject to this Agreement provided or exchanged keeps the security classification given to it by the providing Party. The receiving Party shall protect and safeguard the classified information according to the provisions set out in its own security regulations for information or material holding an equivalent security classification, as specified in the security arrangements to be established pursuant to Articles 11 and 12;

               (c)

               not use such classified information subject to this Agreement for purposes other than those established by the originator and those for which the information is provided or exchanged;

               (d)

               not disclose such classified information subject to this Agreement to third parties, or to any EU institution or entity not mentioned in Article 3, without the prior consent of the originator.

         Article 5
   1.   Classified information may be disclosed or released, in accordance with the principle of originator control, by one Party, ‘the providing Party’, to the other Party, ‘the receiving Party’.
   2.   For release to recipients other than the Parties to this Agreement, a decision on disclosure or release of classified information shall be made by the receiving Party following the consent of the providing Party, in accordance with the principle of originator control as defined in its security regulations.
   3.   In implementing paragraphs 1 and 2, no generic release shall be possible unless procedures are established and agreed between the Parties regarding certain categories of information, relevant to their operational requirements.
   Article 6
   Each of the Parties, and entities thereof as defined in Article 3, shall have a security organisation and security programmes, based upon such basic principles and minimum standards of security which shall be implemented in the security systems of the Parties to be established pursuant to Articles 11 and 12, to ensure that an equivalent level of protection is applied to classified information subject to this Agreement.
   Article 7
   1.   The Parties shall ensure that all persons who, in the conduct of their official duties require access, or whose duties or functions may afford access, to classified information provided or exchanged under this Agreement are appropriately security cleared before they are granted access to such information.
   2.   The security clearance procedures shall be designed to determine whether an individual can, taking into account his or her loyalty, trustworthiness and reliability, have access to classified information.
   Article 8
   The Parties shall provide mutual assistance with regard to security of classified information subject to this Agreement and matters of common security interest. Reciprocal security consultations and inspections shall be conducted by the authorities as defined in Article 11 to assess the effectiveness of the Security Arrangements within their respective responsibility to be established pursuant to Articles 11 and 12.
   Article 9
   1.   For the purpose of this Agreement:

               (a)

               as regards the Republic of Bulgaria:
               all correspondence shall be addressed via the Mission of the Republic of Bulgaria to the European Union, at the following address:

                           Mission of the Republic of Bulgaria to the European Union

                           Registry Officer

                           Rue d’Arlon, 108

                           B-1040 Brussels

                     to the Ministry of Foreign Affairs which shall forward all necessary information to the Central Registry at the State Commission on Information Security for the purpose of registration

               (b)

               as regards the EU:
               all correspondence shall be sent to the Council at the following address:

                           Council of the European Union

                           Chief Registry Officer

                           Rue de la Loi/Wetstraat, 175

                           B-1048 Brussels

                     .

         All correspondence shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission subject to paragraph 2.
   2.   Exceptionally, correspondence from one Party which is only accessible to specific competent officials, organs or services of that Party may, for operational reasons, be addressed and only be accessible to specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need to know principle. As far as the European Union is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council.
   Article 10
   The State Commission on Information Security of the Republic of Bulgaria and the Secretaries-General of the Council and of the European Commission shall oversee the implementation of this Agreement.
   Article 11
   In order to implement this Agreement:

               1.

               the State Commission on Security of Information of the Republic of Bulgaria, acting in the name of the Government of the Republic of Bulgaria and under its authority, shall be responsible for developing security arrangements for the protection and safeguarding of classified information provided to the Republic of Bulgaria under this Agreement;

               2.

               The General Secretariat of the Council Security Office (hereinafter the GSC Security Office), under the direction and on behalf of the Secretary General of the Council, acting in the name of the Council and under its authority, shall be responsible for developing security arrangements for the protection and safeguarding of classified information provided to the EU under this Agreement.

               3.

               The European Commission Security Directorate, acting in the name of the European Commission and under its authority, shall be responsible for developing security arrangements for the protection of classified information provided or exchanged under this Agreement within the European Commission and its premises.

         Article 12
   The security arrangements to be established pursuant to Article 11 in agreement between the three Offices concerned shall lay down the standards of the reciprocal security protection for classified information subject to this Agreement. For the EU, these standards shall be subject to approval by the Council Security Committee.
   Article 13
   The Authorities defined in Article 11 shall establish procedures to be followed in the case of proven or suspected compromise of classified information subject to this Agreement.
   Article 14
   Prior to the provision of classified information subject to this Agreement between the Parties, the responsible security authorities defined in Article 11 must agree that the receiving Party is able to protect and safeguard the information subject to this Agreement in a way consistent with the arrangements to be established pursuant to Articles 11 and 12.
   Article 15
   This Agreement in no way prevents the Parties from concluding other Agreements relating to the provision or exchange of classified information subject to this Agreement provided that they do not conflict with the provisions of this Agreement.
   Article 16
   All differences between the EU and the Republic of Bulgaria arising out of the interpretation or application of this Agreement shall be dealt with by negotiation between the Parties.
   Article 17
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party.
   3.   Any amendment to this Agreement shall only be made in writing and by common agreement of the Parties. It shall enter into force upon mutual notification as provided under paragraph 1.
   Article 18
   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party, but shall not affect obligations already contracted under the provisions of this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.
   IN WITNESS WHEREOF the undersigned, respectively duly authorised, have signed this Agreement.

      Done at Brussels, this twenty-fifth day of April 2005 in two copies each in the English language.

            For the Republic of Bulgaria

            For the European Union


European Parliament decision on the request for defence of parliamentary immunity and privileges submitted by Jannis Sakellariou (2003/2023 (IMM))


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31993D0743

93/743/EC, ECSC, Euratom: Decision of the Council and the Commission of 13 December 1993 on the conclusion of the Europe Agreement between the European Communities and their Member States, on the one part, and the Republic of Poland, of the other part

Official Journal L 348 , 31/12/1993 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 26 P. 0003  Swedish special edition: Chapter 11 Volume 26 P. 0003

DECISION OF THE  COUNCIL AND THE COMMISSIONof 13 December 1993on the conclusion of the Europe Agreement between  the European Communities and their Member States, of the one part, and the Republic of Poland, of  the other part(93/743/Euratom, ECSC, EC)THE COUNCIL OF THE EUROPEAN UNION, THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to the Treaty establishing the European Community, and in particular Article 238 in  conjunction with Article 228 (3), second subparagraph thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  the second paragraph of Article 101 thereof, Having regard to the assent of the European Parliament  (1), Whereas the Europe Agreement between the European Communities and their Member States, of the one  part, and the Republic of Poland, of the other part, signed in Brussels on 16 December 1991, should  be approved, HAVE DECIDED AS FOLLOWS:Article 1 The Europe Agreement between the European  Communities and their Member States, of the one part, and the Republic of Poland, of the other  part, the Protocols annexed thereto and the declarations and exchanges of letters attached to the  Final Act are hereby approved on behalf of the European Coal and Steel Community, the European  Community and the European Atomic Energy Community. The texts of the Agreement, the Protocols annexed thereto and the Final Act are attached to this  Decision. Article 2 1.  The position to be taken by the Community within the Association Council shall be  laid down by the Council, on a proposal from the Commission, or, where appropriate, by the  Commission, each in accordance with the corresponding provisions of the Treaties establishing the  European Community, the European Coal and Steel Community and the European Atomic Energy  Community. 2.  The President of the Council shall, in accordance with Article 103 of the Europe Agreement,  preside over the Association Council and present the position of the Community. A representative of  the Commission shall preside over the Association Committee, in accordance with the Rules of  Procedure thereof, and present the position of the Community. Article 3 The President of the Council shall, as regards the European Community, deposit the act  of notification provided for in Article 121 of the Agreement. The President of the Commission shall  deposit the said acts of notification, as regards the European Coal and Steel Community and the  European Atomic Energy Community. Done at Brussels, 13 December 1993. For the CouncilThe PresidentPh. MAYSTADTFor the CommissionThe PresidentJ. DELORS (1)  OJ No C 284, 2. 11. 1992, p. 38.


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32003D0145

2003/145/EC: Council Decision of 18 February 2003 appointing an alternate member of the Committee of the Regions

Official Journal L 055 , 01/03/2003 P. 0055 - 0055

Council Decisionof 18 February 2003appointing an alternate member of the Committee of the Regions(2003/145/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 proposal from the Portuguese Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC(1) appointing the members and alternate members of the Committee of the Regions.(2) The seat of an alternate member of the Committee of the Regions has become vacant following the resignation of Mr António PAIVA, of which the Council was notified on 4 February 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMs Teresa Maria da SILVA PAIS ZAMBUJO is hereby appointed an alternate member of the Committee of the Regions in place of Mr António PAIVA for the remainder of his term of office, which expires on 25 January 2006.Done at Brussels, 18 February 2003.For the CouncilThe PresidentN. Christodoulakis(1) OJ L 24, 26.1.2002, p. 38.


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32000D0001

2000/1/EC: Council Decision of 17 December 1999 on the signing, on behalf of the European Community, of the Memorandum of Understanding between the European Community and the Government of Vietnam on the prevention of fraud in trade in footwear products, and authorising its provisional application

Official Journal L 001 , 04/01/2000 P. 0012 - 0012

COUNCIL DECISIONof 17 December 1999on the signing, on behalf of the European Community, of the Memorandum of Understanding between the European Community and the Government of Vietnam on the prevention of fraud in trade in footwear products, and authorising its provisional application(2000/1/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated, on behalf of the European Community, a Memorandum of Understanding between the European Community and the Government of Vietnam on the prevention of fraud in trade in footwear products;(2) The Memorandum of Understanding was initialled on 4 August 1999;(3) The Memorandum of Understanding should be signed on behalf of the Community;(4) It is necessary to apply the Memorandum of Understanding on a provisional basis from 1 January 2000, pending the completion of the relevant procedures for its formal conclusion, subject to reciprocity,HAS DECIDED AS FOLLOWS:Article 1Subject to the conclusion thereof, the Memorandum of Understanding between the European Community and the Government of Vietnam on the prevention of fraud in trade in footwear products, shall be signed on behalf of the Community.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Memorandum of Understanding, on behalf of the Community.The text of the Memorandum of Understanding is attached to this Decision.Article 3The Memorandum of Understanding shall be applied on a provisional basis from 1 January 2000, subject to reciprocity(1).Done at Brussels, 17 December 1999.For the CouncilThe PresidentK. HEMILÄ(1) The Commission will publish in the Official Journal of the European Communities, C Series, the date from which the Memorandum of Understanding will be applied pursuant to this Article.


title: 2011/576/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/150

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2009
   (2011/576/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Chemicals Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2009, together with the Agency’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 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 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 the Environment, Public Health and Food Safety (A7-0127/2011),

               1.

               Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Chemicals Agency, the Council, the Commission and the Court of Auditors, and to arrange for their 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. 34.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 396, 30.12.2006, p. 1.

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

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/151

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Chemicals Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2009, together with the Agency’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 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 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 the Environment, Public Health and Food Safety (A7-0127/2011),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas 2009 was the European Chemicals Agency’s second year in operation,

               C.

               whereas on 5 May 2010 Parliament granted the Executive Director of the Agency discharge for implementation of the Agency’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           drew attention to the fact that the Court of Auditors highlighted delays in the operational activities caused by difficulties in implementing the IT system and by a lack of qualified staff,

                           —

                           expressed its satisfaction with the first successful year of operation of the Agency, the Commission (DG Enterprise and Industry) having been responsible for the budgetary management of the Agency in 2007,

               D.

               whereas the budget of the Agency for 2009 was EUR 70 400 000, which is an increase of 6 % on the financial year 2008,

               1.

               Notes that the Agency was financed in 2008 by a Community subsidy of EUR 62 200 000 in accordance with Article 185 of the Financial Regulation, and, to a minor extent, by fees paid by industry for registrations of chemical substances in accordance with the REACH Regulation (Regulation (EC) No 1907/2006);

               2.

               Underlines the fact that the Agency’s revenues in 2009 stemmed mainly from the annual subsidy from the general budget of the Union, which increased by EUR 4 000 000 compared to 2008 (EUR 62 600 000) and from fee-generated income of EUR 2 200 000; notes that REACH IT fee income is received from companies subject to registration and notification under the REACH Regulation;

               3.

               Observes that the increase in Title 3 — Operational expenditure is mainly as a result of the rise in software development costs, as major investments have been needed for the enhancement of the REACH IT system architecture and for further development of a comprehensive chemical safety assessment/chemical safety report tool;

               4.

               Takes note, in this context, that the Agency has carried forward 29 % of the total appropriations (EUR 20 000 000) as a result of contracting for major projects related to the preparation for the first registration deadline, which were not concluded by the end of 2009; recommends that the proportion of carry-overs be reduced to respect the principle of annuality;

      Performance

               5.

               Congratulates the Agency for having set out, in a table annexed to the Court of Auditors’ 2009 report, a comparison of the operations that were carried out during 2009 and 2008 so as to enable the discharge authority to assess more effectively its performance from one year to the next; notes that the Agency has increased the number of completed registration dossiers (500 in 2009 and 70 in 2008) and the number of enquiries (1 000 in 2009 and 250 in 2008); notes, in addition, an increase in both the number of compliance checks completed (14 in 2009 and 1 in 2008) and the number of proposals for harmonised classification and labelling (30 in 2009 and 14 in 2008);

               6.

               Expresses its satisfaction at the Agency’s second successful year of operation, the Commission (DG Enterprise and Industry) having been responsible for the budgetary management of the Agency in 2007; emphasises, in particular, that the smooth and relatively rapid establishment of the Agency is mainly as a result of the effective support provided by its parent Directorate-General, exchanges of experience with other similar agencies and the provision of strong support by the host country;

               7.

               Welcomes the Agency’s initiatives for enhancing its customer focus and feedback procedures; congratulates, in particular, the Agency for having conducted a stakeholder survey in 2009 and for having increased assistance activities for industry (such as offering a phone advice service for lead-registrants, workshops, network meetings, public consultations, etc.);

               8.

               Requests the Court of Auditors to undertake performance audits on the Agency;

      Carry-over appropriations

               9.

               Calls on the Agency to further develop the planning and monitoring of its procurement and budget execution so as to reduce the proportion of carry forward appropriations; notes, in fact, that the Court of Auditors registered a carry forward of EUR 20 000 000 (29 % of the appropriations) to the budgetary year 2010, approximately 88 % of which corresponds to activities not yet implemented (or, in some cases, goods not received) at the year end; remarks, furthermore, that 5 % of the appropriations (EUR 3 000 000) were cancelled;

               10.

               Welcomes, nevertheless, the Agency’s commitment to reduce for 2010 the carry-over of commitment appropriations to below 20 % and limit the cancelled appropriations to a considerably lower level as compared to 2008; calls, accordingly, on the Agency to inform the discharge authority of developments in this matter;

      Human resources

               11.

               Notes that the total number of posts in the establishment plan has increased by 47 % compared to 2008; welcomes the fact that at the end of the year the Agency had achieved 90 % execution of the establishment plan; recalls, nevertheless, that it is important for the Agency to keep monitoring the implementation of its budget and recruitment plan;

      Internal audit

               12.

               Congratulates the Agency for having set up an Internal Audit Capability (IAC) with a role of conducting internal audits and advising the Executive Director on risk management and control systems by issuing independent opinions and recommendations;

               13.

               Acknowledges that the Internal Audit Service (IAS) submitted its final strategic audit plan 2010-2012 on 1 December 2009 (3 years on a rolling basis and annually updated); calls, accordingly, on the Executive Director of the Agency to inform the discharge authority of the content of this audit plan;

               14.

               Calls on the Agency to inform the discharge authority of the steps taken to improve its control system by strengthening its financial circuits, workflows, audits, action plans and risk assessments;

               15.

               Encourages the Agency to effectively ensure that:

                           —

                           all components for financing decisions are in place (e.g. standard formats for its work programme and financial decisions),

                           —

                           the information necessary at each level within the organisation is properly defined and addressed,

                           —

                           the work programme shows all resources made available through the budget,

                           —

                           the documentation of financial procedures and checklists is finalised and updated;

               16.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 34.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 396, 30.12.2006, p. 1.

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

      (5)  OJ L 252, 25.9.2010, p. 146.

      (6)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).


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31999D0510

99/510/EC: Council Decision of 29 April 1999 concerning the conclusion of the Agreement amending the Agreement relating to scientific and technical cooperation between the European Community and Australia

Official Journal L 195 , 28/07/1999 P. 0031 - 0031

COUNCIL DECISIONof 29 April 1999concerning the conclusion of the Agreement amending the Agreement relating to scientific and technical cooperation between the European Community and Australia(1999/510/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130m, in conjunction with Article 228(2), first sentence, and the first subparagraph of Article 228(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),(1) Whereas by its Decision of 27 June 1994(2) the Council approved the conclusion of the Agreement relating to scientific and technical cooperation between the European Community and Australia;(2) Whereas by its Decision of 24 September 1998 the Council authorised the Commission to negociate an amendment of the abovementioned Agreement only as far as the areas for cooperation, mentioned under Article 4 of that Agreement, are concerned, in accordance with the procedure laid down in Article 11(2) of that Agreement;(3) Whereas by its Decision of 29 March 1999 the Council authorised the signature of the amending Agreement;(4) Whereas the amending Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement amending the Agreement relating to scientific and technical cooperation between the European Community and Australia is hereby approved.The text of the amending Agreement is attached to this Decision.Article 2Pursant to Article 11 of the Agreement relating to scientific and technical cooperation between the European Community and Australia, the President of the Council shall give notification that the procedures for entry into force of the attached amending Agreement have been completed on the part of the Community.Done at Luxembourg, 29 April 1999.For the CouncilThe PresidentW. MÜLLER(1) Opinion delivered on 14 April 1999 (not yet published in the Official Jounal)(2) OJ L 188, 22.7.1994, p. 17.


title: Political and Security Committee Decision (CFSP) 2015/955 of 16 June 2015 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision EUTM MALI/3/2014 (EUTM MALI/2/2015)

text:
               20.6.2015

               EN

               Official Journal of the European Union

               L 156/20

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/955
   of 16 June 2015
   on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision EUTM MALI/3/2014 (EUTM MALI/2/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of Malian Armed Forces (EUTM Mali) (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Pursuant to Article 5(1) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of EUTM Mali, including the decisions to appoint the subsequent EU Mission Commanders.

               (2)

               On 9 October 2014, the PSC adopted Decision EUTM MALI/3/2014 (2) appointing Brigadier General Alfonso GARCÍA-VAQUERO PRADAL as EU Mission Commander for EUTM Mali.

               (3)

               On 17 March 2015, Germany proposed the appointment of Brigadier General Franz Xaver PFRENGLE as the new EU Mission Commander for EUTM Mali to succeed Brigadier General Alfonso GARCÍA-VAQUERO PRADAL.

               (4)

               The EU Military Committee has supported the proposal.

               (5)

               Decision EUTM MALI/3/2014 should therefore be repealed.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Brigadier General Franz Xaver PFRENGLE is hereby appointed EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM MALI) as from 28 July 2015.
   Article 2
   Decision EUTM MALI/3/2014 is hereby repealed.
   Article 3
   This Decision shall enter into force on 28 July 2015.

      Done at Brussels, 16 June 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 14, 18.1.2013, p. 19.

      (2)  Political and Security Committee Decision EUTM MALI/3/2014 of 9 October 2014 on the appointment of an EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM MALI) (OJ L 300, 18.10.2014, p. 49).


Avis juridique important

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31980D0160

80/160/EEC: Council Decision of 5 February 1980 adjusting the amounts made available to the European Development Fund (1975) for the ACP States and for the overseas countries and territories and the French overseas departments

Official Journal L 035 , 12/02/1980 P. 0022

****( 1 ) OJ NO L 25 , 30 . 1 . 1976 , P . 168 .  ( 2 ) OJ NO L 287 , 13 . 10 . 1978 , P . 22 .  ( 3 ) OJ NO L 176 , 1 . 7 . 1976 , P . 8 .  ( 4 ) OJ NO L 72 , 23 . 3 . 1979 , P . 31 .    COUNCIL DECISION   OF 5 FEBRUARY 1980   ADJUSTING THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND ( 1975 ) FOR THE ACP STATES AND FOR THE FRENCH OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS  ( 80/160/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 1 ), SIGNED AT BRUSSELS ON 11 JULY 1975 , HEREINAFTER REFERRED TO AS ' THE INTERNAL AGREEMENT ' , AS AMENDED BY THE AGREEMENT OF 28 MARCH 1977  ( 2 ), AND IN PARTICULAR ARTICLE 1 ( 4 ) THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS SAINT LUCIA AND THE REPUBLIC OF KIRIBATI , FORMER OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE COMMUNITY UNDER DECISION 76/568/EEC ( 3 ), HAVE BECOME INDEPENDENT AND HAVE APPLIED TO ACCEDE TO THE ACP-EEC CONVENTION OF LOME PURSUANT TO ARTICLE 89 THEREOF ; WHEREAS THE ACP-EEC COUNCIL OF MINISTERS HAS APPROVED THESE REQUESTS ; WHEREAS THESE STATES DEPOSITED THEIR INSTRUMENTS OF ACCESSION WITH THE GENERAL SECRETARIAT OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ON 28 JUNE AND 30 OCTOBER 1979 RESPECTIVELY , THEREBY ACCEDING TO THE CONVENTION ON THOSE DATES ;   WHEREAS , THEREFORE , IN ACCORDANCE WITH ARTICLE 1 ( 4 ) OF THE INTERNAL AGREEMENT , THE AMOUNT PROVIDED FOR THE OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS IN ARTICLE 1 ( 3A ) ( B ) SHOULD BE REDUCED AND THOSE PROVIDED FOR THE ACP STATES IN ( A ) OF THAT PARAGRAPH CORRESPONDINGLY INCREASED ;   WHEREAS THIS ADJUSTMENT MUST ALSO BE MADE ON THE BASIS OF THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND FOLLOWING THE ACCESSION OF FORMER ASSOCIATED OVERSEAS COUNTRIES AND TERRITORIES ( 4 ) TO THE ACP-EEC CONVENTION OF LOME ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   ARTICLE 1 ( 3A ) AND ( 3B ) OF THE INTERNAL AGREEMENT SHALL BE REPLACED BY THE FOLLOWING :   ' 3A .  FROM 30 OCTOBER 1979 , THE AMOUNT OF 3 159.50 MILLION EUA REFERRED TO IN PARAGRAPH 2A , SHALL BE ALLOCATED AS FOLLOWS :  ( A ) 3 074.4355 MILLION EUA FOR THE ACP STATES , CONSISTING OF :   -  3 000 MILLION EUA FROM THE AMOUNT INITIALLY PROVIDED FOR IN PARAGRAPH 3 ( A ) FOR THE ORIGINAL ACP STATES ,   -  9.50 MILLION EUA FROM THE AMOUNT PROVIDED FOR IN PARAGRAPH 2A ,   -  13 MILLION EUA FROM THE AMOUNT STATED IN ARTICLE 30 ( 4 )  ( A ), FIRST INDENT , AS INTRODUCED BY DECISION 77/155/EEC ADJUSTING DECISION 76/568/EEC ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 1 ),   -  51.9355 MILLION EUA FROM THE AMOUNT TRANSFERRED FROM THE APPROPRIATION FOR THE OCT TO THAT FOR THE ACP UNDER DECISIONS 77/156/EEC ( 2 ), 78/464/EEC ( 3 ) AND 79/309/EEC ( 4 ), ADJUSTING THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND ( 1975 ) FOR THE ACP STATES ON THE ONE HAND AND FOR THE OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS ON THE OTHER , FOLLOWING THE ACCESSION OF THE REPUBLIC OF SURINAM , THE REPUBLIC OF SEYCHELLES , THE COMORO STATE , THE REPUBLIC OF JIBUTI , THE SOLOMON ISLANDS , TUVALU , DOMINICA , SAINT LUCIA AND THE REPUBLIC OF KIRIBATI TO THE CONVENTION ;  ( B ) 85.0645 MILLION EUA FOR THE OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS FROM THE AMOUNTS ORIGINALLY LAID DOWN IN PARAGRAPH 3 ( B ) AND ( C ), TAKING INTO ACCOUNT THE REDUCTION MADE UNDER THE DECISIONS REFERRED TO IN THE FOURTH INDENT OF ( A ).   3B ( A ) THE AMOUNT STATED IN PARAGRAPH 3A ( A ) FOR THE ACP STATES SHALL BE ALLOCATED AS FOLLOWS :   -  2 149.8505 MILLION EUA IN THE FORM OF GRANTS ,   -  445.585 MILLION EUA IN THE FORM OF SPECIAL LOANS ,   -  99.000 MILLION EUA IN THE FORM OF RISK CAPITAL ,   -  380.000 MILLION EUA IN THE FORM OF TRANSFERS PURSUANT TO TITLE II OF THE CONVENTION .  ( B ) THE AMOUNT STATED IN PARAGRAPH 3A ( B ) FOR THE OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS SHALL BE ALLOCATED AS FOLLOWS :   -  28.1375 MILLION EUA IN THE FORM OF GRANTS ,   -  23.915 MILLION EUA IN THE FORM OF SPECIAL LOANS ,   -  2.000 MILLION EUA IN THE FORM OF RISK CAPITAL ,   -  11.0120 MILLION EUA IN THE FORM OF A RESERVE ,   -  20.000 MILLION EUA IN THE FORM OF TRANSFERS FOR THE COUNTRIES AND TERRITORIES , PURSUANT TO THOSE PROVISIONS CONCERNING THE SYSTEM FOR STABILIZING EXPORT EARNINGS .   ( 1 ) OJ NO L 46 , 18 . 2 . 1977 , P . 15 .  ( 2 ) OJ NO L 46 , 18 . 2 . 1977 , P . 17 .  ( 3 ) OJ NO L 147 , 3 . 6 . 1978 , P . 37 .  ( 4 ) OJ NO L 72 , 23 . 3 . 1979 , P . 31 . '   ARTICLE 2   THIS DECISION SHALL APPLY FROM 1 NOVEMBER 1979 .   DONE AT BRUSSELS , 5 FEBRUARY 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . ZAMBERLETTI


Avis juridique important

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31985D0336

85/336/EEC: Council Decision of 27 June 1985 concerning a supplement in respect of cadmium to Annex IV to the Convention for the protection of the Rhine against chemical pollution

Official Journal L 175 , 05/07/1985 P. 0036 - 0039 Finnish special edition: Chapter 11 Volume 11 P. 0221  Spanish special edition: Chapter 15 Volume 6 P. 0005  Swedish special edition: Chapter 11 Volume 11 P. 0221  Portuguese special edition Chapter 15 Volume 6 P. 0005

*****COUNCIL  DECISION  of 27 June 1985  concerning a supplement in respect of cadmium to Annex IV to the Convention for the protection of the Rhine against chemical pollution  (85/336/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee,  Whereas by Council Decision 77/586/EEC of 25 July 1977 (3) the Community approved the Convention for the protection of the Rhine against chemical pollution, hereinafter referred to as the 'Chemical Convention', and the Additional Agreement to the Agreement signed in Berne on 29 April 1963 concerning the International Commission for the Protection of the Rhine against Pollution, hereinafter referred to as the 'International Commission';  Whereas under Article 5 of the Chemical Convention the International Commission proposes limit values for the discharge of certain substances into the surface waters of the Rhine basin by way of amendments to Annex IV to the Chemical Convention; whereas under Article 14 of the Chemical Convention, unanimous acceptance by the Contracting Parties is necessary for the entry into force of those amendments;  Whereas the International Commission has established limit values for cadmium in the form of a proposal designed to supplement Annex IV to the Chemical Convention;  Whereas Directive 83/513/EEC (4) lays down limit values for the discharge of cadmium into the aquatic environment of the Community; whereas these limit values are identical to those set out in the proposal of the International Commission;  Whereas it is desirable that the Community, as a Contracting Party to the Chemical Convention, adopts the abovementioned proposal,  HAS DECIDED AS FOLLOWS:  Article 1  The proposal from the International Commission for the Protection of the Rhine against Chemical Pollution, intended to supplement in respect of cadmium Annex IV to the Convention for the protection of the Rhine against chemical pollution, is hereby adopted on behalf of the European Economic Community.  The text of the proposal is attached to this Decision.  Article 2  The President of the Council will notify the Government of the Swiss Confederation, in accordance with the procedures laid down by the Chemical Convention, of the adoption of the proposal referred to in Article 1.  Done at Luxembourg, 27 June 1985.  For the Council  The President  A. BIONDI  (1) OJ No C 16, 17. 1. 1985, p. 7.  (2) OJ No C 94, 15. 4. 1985, p. 131.  (3) OJ No L 240, 19. 9. 1977, p. 35.  (4) OJ No L 291, 24. 10. 1983, p. 1.  ANNEX  Proposal from the International Commission for the Protection of the Rhine against Pollution to supplement Annex IV to the Convention on the protection of the Rhine against chemical pollution, signed in Bonn on 3 December 1976  The International Commission for the Protection of the Rhine against Pollution,  Having regard to the Convention on the protection of the Rhine against chemical pollution, signed in Bonn on 3 December 1976,  Having regard in particular to Articles 3, 4, 5 and 14 thereof,  Proposes to the Contracting Parties to the Convention that Annex IV to the Convention of 3 December 1976 be supplemented as follows in respect of cadmium:  1.2.3.4.5.6 //   //   //   //   //   //   // Substance or group of substances  // Origin  // Limit value in terms of the maximum concentration of a substance  // Limit value in terms of the maximum quantity of a substance  // Time limit for existing discharges  // Remarks  //   //   //   //   //   //  // 1  // 2  // 3  // 4  // 5  // 6  //   //   //   //   //  //   //   //   //   //   //   //   // Cadmium  // 1. Zinc mining, lead and zinc refining, cadmium metal and non-ferrous metal industry  // Monthly average of 0,2 milligrams of cadmium per litre of discharge  //   // 1. 1. 1989  // (1) (2) (3) (4)  //   //   //   //   //   //   //   //   // For existing discharges the provisional limit value of 0,3 milligrams of cadmium per litre of discharge is valid as a monthly average  //   // 1. 1. 1986  //   //   //   //   //   //   //   //  // 2. Manufacture of cadmium compounds  // Monthly average of 0,2 milligrams of cadmium per litre of discharge  // (5)  // 1. 1. 1989  // (1) (2) (3)  //   //   //   //   //   //   //   //  // For existing discharges the provisional limit value of 0,5 milligrams of cadmium per litre of discharge is valid as a monthly average  // For existing discharges the provisional limit value of 0,5 kilograms of cadmium per tonne of cadmium used in production is valid as a monthly average  // 1. 1. 1986  //   //   //   //   //   //   //   //   // 3. Manufacture of pigments  // Monthly average of 0,2 milligrams of cadmium per litre of discharge  // (5)  // 1. 1. 1989  // (1) (2) (3)  //  //   //   //   //   //   //   //   // For existing discharges the provisional limit value of 0,5 milligrams of cadmium per litre of discharge is valid as a monthly average  // For existing discharges the provisional limit value of 0,3 kilograms of cadmium per tonne of cadmium used in production is valid as a monthly average  // 1. 1. 1986  //   //   //   //  //   //   //   //   // 4. Manufacture of stabilizers  // Monthly average of 0,2 milligrams of cadmium per litre of discharge  // (5)  // 1. 1. 1989  // (1) (2) (3)  //   //   //  //   //   //   //   //   // For existing discharges the provisional limit value of 0,5 milligrams of cadmium per litre of discharge is valid as a monthly average  // For existing discharges the provisional limit value of 0,5 kilograms of cadmium per tonne of cadmium used in production is valid as a monthly average  // 1. 1. 1986  //   //   //   //   //   //  //  //   //   //   //   //   //   // Substance or group of substances  // Origin  // Limit value in terms of the maximum concentration of a substance  // Limit value in terms of the maximum quantity of a substance  // Time limit for existing discharges  // Remarks  //   //   //   //   //   //   // 1  // 2  // 3  // 4  // 5  // 6  //   //   //   //   //   //  //   // Cadmium (continued)  // 5. Manufacture of primary and secondary batteries  // Monthly average of 0,2 milligrams of cadmium per litre of discharge  // (5)  // 1. 1. 1989  // (1) (2) (3)  //   //   //   //   //   //   //   //   // For existing discharges the provisional limit value of 0,5 milligrams of cadmium per litre of discharge is valid as a monthly average  // For existing discharges the provisional limit value of 1,5 kilograms of cadmium per tonne of cadmium used in production is valid as a monthly average  // 1. 1. 1986  //   //   //   //   //   //   //   //   // 6. Electroplating  // Monthly average of 0,2 milligrams of cadmium per litre of discharge  // (5)  // 1. 1. 1989  // (1) (2) (3) (6)  //   //  //   //   //   //   //   //   // For existing discharges the provisional limit value of 0,5 milligrams of cadmium per litre of discharge is valid as a monthly average  // For existing discharges the provisional limit value of 0,3 kilograms of cadmium per tonne of cadmium used in production is valid as a monthly average  // 1. 1. 1986  //   //   //   //   //   //  //   //   // 7. Manufacture of phosphoric acid and/or phosphatic fertilizer from phosphatic rock  //   //   //  // (1) (2) (3) (7)  //   //   //   //   //   //  If necessary, the limit values for other industries will be proposed by the International Commission at a later stage. In the meantime, the Governments will fix emission standards for cadmium discharges autonomously in accordance with Articles 3 and 4 of the Convention. These standards must take account of the best technical means available and must not be less stringent than the nearest comparable limit value in the above table.  Pursuant to Articles 14 and 19 of the Convention, the measures set out in the above table will enter into force after their unanimous acceptance by the Contracting Parties to the Convention.  The Contracting Parties will notify their adoption to the Government of the Swiss Confederation, which will acknowledge reception of notification.  (1)  The limit values given in the above columns refer to the determination of the cadmium contained in an unfiltered sample. They apply to the total cadmium content of all the waste arising from production processes at the site of the production installation.  If the waste water containing cadmium is treated outside the installation in an establishment designed to eliminate the cadmium, Governments may allow the limit values to be applied at the point of discharge at the exit of that establishment.  (2) The daily limit values are obtained by multiplying the monthly limits in the above columns by two.  For measuring, analysis and sampling methods, see the recommendations made by the International Commission on 20 June 1983 in Luxembourg.  (3) In the case of industrial sectors where limit values are expressed in terms of both maximum concentration and maximum quantity of cadmium, both should be applied. However, the competent authorities may authorize emission standards which exceed the applicable limit value expressed in terms of maximum concentration where the following two conditions are met:  (a) the volume of waste water discharged is greatly reduced by special water-saving measures; and  (b) the limit value expressed in terms of the maximum quantity of cadmium is respected.  (4) In the case of industrial sector 1, for which there are only limit values expressed in terms of maximum concentration, Governments should - in an attempt to establish future limit values expressed in terms of maximum quantity, to fix those limit values and to bring them into force on 1 January 1989 - provide the International Commission, at least every two years, with the relevant figures for the average monthly quantities of per tonne of cadmium produced of cadmium effectively discharged by the various branches in industrial sector 1.  (5) For the time being, it is impossible to fix limit values expressed in terms of maximum quantity. The International Commission will propose such values, where necessary, in accordance with Article 5 of the Convention. If the International Commission does not propose limit values, then the values expressed in terms of maximum quantity (which are to be respected as from 1 January 1986) will be retained.  (6) When this is made absolutely necessary by the technical or administrative situation, governments may suspend up to 1 January 1989 application of the limit values for installations not discharging more than 10 kilograms of cadmium per year where the total volume of all the electroplating tanks is not more than 1,5 m3.  (7) The cadmium content of discharges from industrial sector 7 may be reduced appreciably when the waste containing the cadmium is eliminated. This waste must be eliminated from the discharge where underground storage or recycling is possible in such a way that the danger to the environment is not increased. However, local conditions are such that elimination of this kind is not yet possible everywhere. Consequently, economically acceptable techniques, which allow the cadmium to be extracted systematically from these discharges, are not applicable in these cases. No limit value has therefore been fixed for industrial sector 7. In view of the large quantities of cadmium discharged by industrial sector 7, the International Commission will draw up proposed limit values for that sector as soon as appropriate methods are available. In the meantime, Governments will set emission standards for cadmium autonomously in accordance with Articles 3 and 4 of the Convention, taking account of any possibilities of eliminating the waste containing the cadmium. For new discharges the cadmium must be eliminated from the waste water.


title: Council Decision (EU) 2016/381 of 14 March 2016 on the position to be adopted, on behalf of the European Union, within the Port State Control Committee of the Paris Memorandum of Understanding on Port State Control

text:
               17.3.2016

               EN

               Official Journal of the European Union

               L 72/53

         COUNCIL DECISION (EU) 2016/381
   of 14 March 2016
   on the position to be adopted, on behalf of the European Union, within the Port State Control Committee of the Paris Memorandum of Understanding on Port State Control
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100 and Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Maritime safety, maritime security, pollution prevention and on-board living and working conditions may be effectively enhanced by means of a drastic reduction of substandard ships in the waters under the jurisdiction of Member States, by strictly applying relevant Conventions, international codes and resolutions.

               (2)

               While the primary responsibility for monitoring the compliance of ships with the international standards for safety, security, pollution prevention and on-board living and working conditions lies with the flag State, responsibility for maintenance of the condition of the ship and its equipment after survey to comply with the requirements of the Conventions applicable to the ship lies with the ship company. There has, however, been a serious failure on the part of a number of flag States to implement and enforce those international standards.

               (3)

               Therefore, as a second line of defence against substandard shipping, the monitoring of compliance with the international standards for safety, security, pollution prevention and on-board living and working conditions should also be ensured by port States, while recognising that port State control inspection is not a survey and the relevant inspection forms are not seaworthiness certificates. A harmonised approach to the effective enforcement of those international standards by coastal Member States of the Union in respect of ships sailing in the waters under their jurisdiction and using their ports should avoid distortions of competition.

               (4)

               Directive 2009/16/EC of the European Parliament and of the Council (1) sets out the Union regime on port State control, reformulating and reinforcing the previous Union legislation in this field in force since 1995. The Union regime is based on the pre-existing structure of the Paris Memorandum of Understanding on Port State Control (the ‘Paris MOU’), signed in Paris on 26 January 1982.

               (5)

               As regards the Union Member States, Directive 2009/16/EC effectively brings certain procedures, tools and activities of the Paris MOU within the scope of Union law. By virtue of that Directive, certain decisions taken by the appropriate competent body of the Paris MOU become binding on the Union Member States.

               (6)

               The Port State Control Committee (‘PSCC’) of the Paris MOU meets annually and during its deliberations decides on certain issues which have legal effects.

               (7)

               Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union (TFEU), the position to be adopted on behalf of the Union in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, is to be adopted by Council decision, on a proposal from the Commission.

               (8)

               As the internal rules of the Paris MOU make it difficult to establish a position to be adopted on behalf of the Union in accordance with Article 218(9) TFEU in a timely manner for each individual meeting of the PSCC, it is efficient in this case to establish such a position on a multiannual basis, consisting of guiding principles and orientations, together with a framework for its year-to-year specification. At the same time, most of the topics discussed at the individual meetings of the PSCC concern port State control matters and are generally covered by a single Union legal act, namely Directive 2009/16/EC. In the particular circumstances that apply to the Paris MOU, it is therefore possible to establish a general position to be adopted on behalf of the Union for several of those meetings.

               (9)

               The Union is not a contracting party to the Paris MOU. It is therefore necessary for the Council to authorise the Member States to act in accordance with the position to be adopted on behalf of the Union and express their consent to be bound by the decisions taken by the PSCC.

               (10)

               The current method for drawing up the white, grey and black list of flag States has proven to have disproportionate and unintended consequences for flag States with small fleets. At the same time, progress on the development of an alternative calculation method has been slow. It is therefore important to rapidly develop an alternative method in order to ensure fairness.

               (11)

               Technical discussions and cooperation with third country members of the Paris MOU within the PSCC are of great importance in ensuring the effectiveness and the good functioning of the Paris MOU.

               (12)

               This decision should cover the period from 2016 to 2019,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the annual PSCC meeting of the Paris MOU when that body is called upon to adopt decisions having legal effects is set out in Annex I.
   Article 2
   The year-to-year specification of the position to be adopted on behalf of the Union within the annual PSCC meeting of the Paris MOU shall be conducted in accordance with Annex II.
   Article 3
   The Member States which are bound by the Paris MOU shall act in accordance with the position to be adopted on behalf of the Union as referred to in Article 1, acting jointly in the interest of the Union.
   Article 4
   This Decision shall enter into force on 1 April 2016.
   It shall expire on 31 December 2019.

      Done at Brussels, 14 March 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).

      ANNEX I

         THE POSITION TO BE ADOPTED ON BEHALF OF THE UNION WITHIN THE PORT STATE CONTROL COMMITTEE OF THE PARIS MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL

         Guiding Principles

      In the framework of the PSCC of the Paris MOU, the Member States which are bound by the Paris MOU, acting jointly in the interest of the Union, shall:

                  (a)

                  act in accordance with the objectives pursued by Directive 2009/16/EC, notably to improve maritime safety, maritime security, pollution prevention and on-board living and working conditions by means of a drastic reduction of substandard ships by strictly applying relevant Conventions, international codes and resolutions;

                  (b)

                  promote the implementation of a harmonised approach by Members of the Paris MOU to the effective enforcement of the international standards in respect of ships sailing in the waters under their jurisdiction and using their ports;

                  (c)

                  work together within the Paris MOU to achieve a comprehensive inspection scheme and the sharing of the inspection burden in an equitable manner, in particular by adopting the annual inspection commitment drawn up in accordance with the agreed methodology set out in Annex 11 to the Paris MOU;

                  (d)

                  work within the Paris MOU to maintain appropriate competent authorities, to which the requisite number of staff, in particular qualified inspectors, for the inspection of ships is assigned, for example, through recruitment;

                  (e)

                  ensure that measures adopted within the Paris MOU are consistent with international law, and in particular with the relevant Conventions, international codes and resolutions relating to maritime safety, maritime security, pollution prevention and on-board living and working conditions;

                  (f)

                  promote the development of common approaches with other bodies carrying out port State control;

                  (g)

                  ensure consistency with other Union policies notably in the areas of external relations, security, environment and others.

         Orientations

      The Member States which are bound by the Paris MOU, acting jointly in the interest of the Union, shall endeavour to support the following actions by the Paris MOU:

                  A.

                  in order to ensure the smooth year-to-year functioning of the Union's port State control regime in accordance with Directive 2009/16/EC, the adoption of:

                              1.

                              the following elements of the ship risk profile used to target vessels for inspection:

                                          (a)

                                          the white, grey and black flag list in accordance with the formula developed by the Paris MOU and set out in the Annex to Commission Regulation (EU) No 801/2010 (1);

                                          (b)

                                          the performance list for recognised organisations in accordance with the methodology adopted by the PSCC at its 37th session in May 2004 (Agenda Item point 4.5.2);

                                          (c)

                                          the average deficiency and detention ratio for the company performance formula on the basis of the Annex to Commission Regulation (EU) No 802/2010 (2).

                              2.

                              changes or updates to the procedures and guidelines of the Paris MOU having legal effects that are consistent with the objectives pursued by Directive 2009/16/EC, notably to improve maritime safety, maritime security, pollution prevention and on-board living and working conditions.

                  B.

                  the development as soon as possible of an alternative method of drawing up the white, grey and black list of flag States in order to ensure its fairness, regardless of the size of the fleet.

         (1)  Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria (OJ L 241, 14.9.2010, p. 1).

         (2)  Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance (OJ L 241, 14.9.2010, p. 4).

      ANNEX II

         YEAR-TO-YEAR SPECIFICATION OF THE POSITION TO BE ADOPTED ON BEHALF OF THE UNION WITHIN THE PORT STATE CONTROL COMMITTEE OF THE PARIS MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL

      Before each annual PSCC meeting of the Paris MOU, the necessary steps shall be taken so that the position to be expressed on the Union's behalf takes account of all relevant information transmitted to the European Commission as well as any document to be discussed which falls within Union competence in accordance with the guiding principles and orientations set out in Annex I.
      To this effect and based on that information, a preparatory document setting out the particulars of the envisaged Union position shall be transmitted by the Commission services, in sufficient time before the PSCC meeting, to the Council or to its preparatory bodies for consideration and approval.


title: 2009/805/EC: Council Decision of 19 October 2009 on the conclusion of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

text:
               4.11.2009

               EN

               Official Journal of the European Union

               L 288/22

      COUNCIL DECISION

   of 19 October 2009
   on the conclusion of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
   (2009/805/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 37, 133 and 152(4)(b), in conjunction with the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Community, an Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products.

               (2)

               The Agreement, together with the Final Act thereto, was signed, on behalf of the Community, on 23 December 2008 subject to its conclusion, in accordance with Council Decision 2008/979/EC (1).

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (2), together with the Declaration attached to the Final Act thereto, is hereby approved on behalf of the Community.
   Article 2
   The President of the Council shall, on behalf of the Community, give the notification provided for in Article 2 of the Agreement (3).
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 19 October 2009.

            For the Council

            The President

         E. ERLANDSSON

      (1)  OJ L 352, 31.12.2008, p. 23.

      (2)  OJ L 352, 31.12.2008, p. 24.

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


title: EFTA Surveillance Authority Decision No 02/10/COL of 5 January 2010 concerning the status of Norway with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia and repealing the EFTA Surveillance Authority Decision No 302/08/COL of 21 May 2008

text:
               24.6.2010

               EN

               Official Journal of the European Union

               L 157/16

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 02/10/COL
   of 5 January 2010
   concerning the status of Norway with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia and repealing the EFTA Surveillance Authority Decision No 302/08/COL of 21 May 2008
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD to the Agreement on the European Economic Area, in particular Article 109 and Protocol 1 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, in particular Article 5(2)(d) and Protocol 1 thereof,
   HAVING REGARD to the Act referred to at point 4.1.5a of Chapter I of Annex I to the EEA Agreement,
   Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1),
   as adapted by way of Protocol 1 to the EEA Agreement, in particular Article 50 of that Act,
   Whereas:
   By letter dated 3 May 1994 Norway submitted the appropriate justifications for granting, as far as infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) are concerned, the status of approved zone to its territory, as well as the national rules ensuring compliance with the conditions to be respected for maintenance of the approved status.
   By Decision of the Authority No 71/94/COL Norway was recognised as approved continental and coastal zone for fish with regard to IHN and VHS. Following notification of an outbreak of VHS in Møre og Romsdal County in Norway, on 26 November 2007, Decision No 71/94/COL, as last amended by the EFTA Surveillance Authority Decision No 244/02/COL, was repealed by Decision No 302/08/COL, which established that the parts of Norway referred to in the Annex to that Decision were recognised as approved continental zone and as approved coastal zone for fish with regard to IHN and VHS.
   On 11 July 2008, an outbreak of VHS was confirmed in the coastal areas of Storfjorden in Norway. The competent authority in Norway has informed the Authority of the measures taken to eliminate the disease and to prevent its spread.
   The Authority has assessed the information submitted to it by the competent authority in Norway and it appears, at this stage, that the measures taken are appropriate. Moreover, the Authority has discussed the matter with the European Commission and no changes have occurred in Norway with regards to IHN.
   It is the opinion of the Authority that Norway, with the exception of the areas referred to in the Annex, should still be recognised as approved continental zone and approved coastal zone for fish with regard to IHN and VHS.
   The measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,
   HAS ADOPTED THIS DECISION:
   Article 1
   Norway, with the exception of the areas referred to in the Annex, is recognised as approved continental zone and as approved coastal zone for fish with regard to IHN and VHS.
   Article 2
   The EFTA Surveillance Authority Decision No 302/08/COL of 21 May 2008 concerning the status of Norway with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia is hereby repealed.
   Article 3
   This Decision shall enter into force on 5 January 2010.
   Article 4
   This Decision is addressed to the Kingdom of Norway.
   Article 5
   Only the English version is authentic.

      Done at Brussels, 5 January 2010.

            For the EFTA Surveillance Authority

         Kurt JÄGER

            College Member

         Xavier LEWIS

            Director

      (1)  OJ L 328, 24.11.2006, p. 14.

      ANNEX
      IHN
      Norway, with the exception of the Norwegian part of the catchment areas of Grense Jacobselv and Pasvik river and the rivers in between and the associated coastal region.
      VHS
      Norway, with the exception of:

                  1.

                  The Norwegian part of the catchment areas of Grense Jacobselv and Pasvik river and the rivers in between and the associated coastal region.

                  2.

                  Norway, with the exception of the coastal areas of Storfjorden (in the municipalities of Ørskog, Sykkylven, Stordal, Stranda and Norddal) delimited in the west by a line drawn between Røneset in Sykkylven municipality and Giljeneset in Ørskog municipality. East of the line of the entire fjord is excepted including the tidal line, landbased aquaculture farms that utilise seawater in the production and the landbases and quays of aquaculture farms in the fjord. The parts of water catchment areas that have its estuary in the containment area and that have upward migration of anadromous fish, and any cultivation installation in the anadromous part of the water catchment are also excepted from recognition as approved zone.


Avis juridique important

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31982D0321

82/321/EEC: Decision of the European Parliament of 20 April 1982 granting a discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its appropriations for the 1980 financial year

Official Journal L 144 , 24/05/1982 P. 0001 - 0003

++++DECISION OF THE EUROPEAN PARLIAMENT  OF 20 APRIL 1982  GRANTING A DISCHARGE TO THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING IN RESPECT OF THE IMPLEMENTATION OF ITS APPROPRIATIONS FOR THE 1980 FINANCIAL YEAR   ( 82/321/EEC )  THE EUROPEAN PARLIAMENT ,   - HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,   - HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNTS OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING FOR THE 1980 FINANCIAL YEAR ,   - HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS ON THE 1980 ACCOUNTS ( DOC . 1-933/81 ) ,   - HAVING REGARD TO THE REPORT OF THE COMMITTEE ON BUDGETARY CONTROL ( DOC . 1-32/82 ) ,  1 . NOTES THE FOLLOWING FIGURES FOR THE ACCOUNTS OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING FOR THE 1980 FINANCIAL YEAR :  FINANCIAL YEAR 1980  *EUA*  A . RECEIPTS ( TOTAL ) *2 790 808,11*  1 . SUBSIDY FROM THE COMMISSION*2 767 589,88*  2 . BANK INTEREST*10 231,80*  3 . OTHER*12 986,43*  B . EXPENDITURE**  1 . FINAL BUDGET APPROPRIATIONS*3 515 000,00*  2 . COMMITMENTS*2 790 808,11*  3 . APPROPRIATIONS UNUSED ( 1-2 ) *724 191,89*  4 . PAYMENTS*2 395 142,25*  5 . APPROPRIATIONS BROUGHT FORWARD*734 072,23*  6 . PAYMENTS FROM APPROPRIATIONS BROUGHT FORWARD*623 861,24*  7 . APPROPRIATIONS BROUGHT FORWARD AND CANCELLED  ( 5-6 ) *110 210,99*  8 . APPROPRIATIONS CARRIED FORWARD*395 665,86*  9 . APPROPRIATIONS CANCELLED ( 1-4-8 ) *724 191,89*  2 . GRANTS A DISCHARGE TO THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING , ON THE BASIS OF THE REPORT OF THE COURT OF AUDITORS , IN RESPECT OF THE ACCOUNTS FOR THE 1980 FINANCIAL YEAR ;  3 . DRAWS ATTENTION TO ITS RESOLUTION EMBODYING THE COMMENTS ACCOMPANYING THIS DECISION GRANTING A DISCHARGE AND ASKS THE COMMISSION TO REPORT TO IT ON THE MEASURES TAKEN FOLLOWING THOSE COMMENTS ;  4 . INSTRUCTS ITS PRESIDENT TO COMMUNICATE THIS DECISION AND THE ATTACHED COMMENTS TO THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING , TO THE COUNCIL AND THE COMMISSION AND TO THE COURT OF AUDITORS AND TO ARRANGE FOR THEIR PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( L SERIES ) .  DONE AT STRASBOURG , 20 APRIL 1982 .  THE SECRETARY-GENERAL  H.-J . OPITZ  THE PRESIDENT  P . DANKERT


title: Decision (EU) 2016/1581 of the European Parliament of 28 April 2016 on the closure of the accounts of the European GNSS Agency for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/387

         DECISION (EU) 2016/1581 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the European GNSS Agency for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Agency for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2014, together with the Agency’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0080/2016),

               —

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

               —

               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 Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council (4), and in particular Article 14 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),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0112/2016),

               1.

               Notes that the final annual accounts of the European GNSS Agency are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European GNSS Agency for the financial year 2014;

               3.

               Instructs its President to forward this decision to the Executive Director of the European GNSS 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 409, 9.12.2015, p. 353.

      (2)  See footnote 1.

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

      (4)  OJ L 276, 20.10.2010, p. 11.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


title: 2014/39/EU: Commission Decision of 27 January 2014 confirming the participation of Greece in enhanced cooperation in the area of the law applicable to divorce and legal separation

text:
               28.1.2014

               EN

               Official Journal of the European Union

               L 23/41

      COMMISSION DECISION

   of 27 January 2014
   confirming the participation of Greece in enhanced cooperation in the area of the law applicable to divorce and legal separation
   (2014/39/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 328(1) and 331(1) thereof,
   Having regard to Council Decision 2010/405/EU of 12 July 2010 authorising enhanced cooperation in the area of the law applicable to divorce and legal separation (1),
   Having regard to Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (2),
   Having regard to the notification by Greece of its intention to participate in enhanced cooperation in the area of the law applicable to divorce and legal separation,
   Whereas:

               (1)

               On 12 July 2010, the Council decided to authorise enhanced cooperation between Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia, Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia in the area of the law applicable to divorce and legal separation.

               (2)

               On 20 December 2010, the Council adopted Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.

               (3)

               On 21 November 2012 the Commission adopted Decision 2012/714/EU confirming the participation of Lithuania in enhanced cooperation in the area of the law applicable to divorce and legal separation (3).

               (4)

               Greece notified its intention to participate in enhanced cooperation in the area of the law applicable to divorce and legal separation by letter dated 14 October 2013, which the Commission registered as received on 15 October 2013.

               (5)

               The Commission notes that neither Decision 2010/405/EU nor Regulation (EU) No 1259/2010 prescribe any particular conditions of participation in enhanced cooperation in the area of the law applicable to divorce and legal separation and that Greece’s participation should strengthen the benefits of this enhanced cooperation.

               (6)

               The participation of Greece in enhanced cooperation in the area of the law applicable to divorce and legal separation should thus be confirmed.

               (7)

               The Commission should adopt transitional measures for Greece necessary for the application of Regulation (EU) No 1259/2010.

               (8)

               Regulation (EU) No 1259/2010 should enter into force in Greece on the day following that of the publication of this Decision in the Official Journal of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Participation of Greece in enhanced cooperation
   1.   The participation of Greece in enhanced cooperation in the area of the law applicable to divorce and legal separation authorised by Decision 2010/405/EU is confirmed.
   2.   Regulation (EU) No 1259/2010 shall apply to Greece in accordance with this Decision.
   Article 2
   Information to be provided by Greece
   By 29 October 2014 Greece shall communicate to the Commission its national provisions, if any, concerning:

               (a)

               the formal requirements applicable to agreements on the choice of applicable law pursuant to Article 7(2) to (4) of Regulation (EU) No 1259/2010; and

               (b)

               the possibility of designating the applicable law in accordance with Article 5(3) of Regulation (EU) No 1259/2010.

         Article 3
   Transitional provisions for Greece
   1.   Regulation (EU) No 1259/2010 shall apply to Greece only as regards legal proceedings instituted and to agreements of the kind referred to in Article 5 of Regulation (EU) No 1259/2010 concluded as from 29 July 2015.
   However, effect shall also be given for Greece to an agreement on the choice of the applicable law concluded before 29 July 2015, provided that it complies with Articles 6 and 7 of Regulation (EU) No 1259/2010.
   2.   Regulation (EU) No 1259/2010 shall apply to Greece without prejudice to agreements on the choice of applicable law concluded in accordance with the law of a participating Member State whose court is seized before 29 July 2015.
   Article 4
   Entry into force and date of application of Regulation (EU) No 1259/2010 in Greece
   Regulation (EU) No 1259/2010 shall enter into force in Greece on the day following that of the publication of this Decision in the Official Journal of the European Union.
   Regulation (EU) No 1259/2010 shall apply to Greece from 29 July 2015.
   Article 5
   Entry into force
   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, 27 January 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 189, 22.7.2010, p. 12.

      (2)  OJ L 343, 29.12.2010, p. 10.

      (3)  OJ L 323, 22.11.2012, p. 18.


title: Council Decision 2012/330/CFSP of 25 June 2012 amending Decision 2011/426/CFSP appointing the European Union Special Representative in Bosnia and Herzegovina

text:
               26.6.2012

               EN

               Official Journal of the European Union

               L 165/66

         COUNCIL DECISION 2012/330/CFSP
   of 25 June 2012
   amending Decision 2011/426/CFSP appointing the European Union Special Representative in Bosnia and Herzegovina
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 July 2011, the Council adopted Decision 2011/426/CFSP (1) appointing Mr Peter SØRENSEN as the European Union Special Representative (EUSR) in Bosnia and Herzegovina. The EUSR’s mandate is to expire on 30 June 2015.

               (2)

               Decision 2011/426/CFSP provided the EUSR with the financial reference amount covering the period from 1 September 2011 to 30 June 2012. A new financial reference amount for the period from 1 July 2012 to 30 June 2013 should be established.

               (3)

               The Foreign Affairs Council, in its Conclusions of 10 October 2011, reaffirmed its commitment to further strengthening its support to Bosnia and Herzegovina. The EUSR’s team should be reinforced accordingly in order to have at his disposal the staff necessary to deliver this support.

               (4)

               The European Union Police Mission in Bosnia and Herzegovina (EUPM) will be terminated on 30 June 2012. The EUSR should then take over some tasks of the EUPM in the field of the rule of law.

               (5)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty.

               (6)

               Decision 2011/426/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/426/CFSP is hereby amended as follows:

               (1)

               Article 3(e) is replaced by the following:

                           ‘(e)

                           ensure the implementation of the Union’s efforts in the whole range of activities in the field of the rule of law, law enforcement and the security sector reform, promote overall Union coordination of, and give local political direction to, Union-led efforts in supporting police reform, the fight against organised crime, cross-border crime and corruption and, in this context, provide the HR and the Commission with assessments and advice as necessary;’;

               (2)

               Article 3(f) is deleted;

               (3)

               in Article 5(1) the following subparagraph is added:
               ‘The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2012 to 30 June 2013 shall be EUR 5 250 000.’;

               (4)

               Article 10 is replaced by the following:
               ‘Article 10
               Security
               In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR’s mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the direct authority of the EUSR, in particular by:

                           (a)

                           establishing a mission-specific security plan based on guidance from the EEAS, providing for mission-specific physical, organisational and procedural security measures governing the management of the secure movement of personnel to, and within, the mission area and the management of security incidents, and providing for a contingency plan and a mission evacuation plan;

                           (b)

                           ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

                           (c)

                           ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;

                           (d)

                           ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.’.

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

      Done at Luxembourg, 25 June 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 188, 19.7.2011, p. 30.