Avis juridique important

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31992D0249

92/249/EEC: Decision of the European Parliament of 8 April 1992 granting discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1990 financial year

Official Journal L 127 , 13/05/1992 P. 0015 - 0016

DECISION OF THE EUROPEAN PARLIAMENT  of 8 April 1992  granting discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1990  financial year  (92/249/EEC)THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community and in particular Article 206b thereof,  - having regard to the statement of accounts of the European Foundation for the Improvement of Living and Working Conditions and the report of the Court of Auditors on this subject (C3-0107/92),  - having regard to the Council Decision of 16 March 1992 (C3-0109/92),  - having regard to the report of the Committee on Budgetary Control (A3-0117/92),  1. Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions:  1990 Financial year Ecus  Revenue 6 832 942,86  1. Subsidy from the Commission 6 664 000,00  2. Bank Interest 119 939,36  4. Other 49 003,50  Expenditure  1. Final budget appropriations 6 950 000,00  2. Commitments 6 836 868,60  3. Unused appropriations 113 131,40  4. Payments 5 583 192,99  5. Carry-overs from 1989 1 579 941,73  6. Payments against appropriations carried over 1 487 113,55  7. Appropriations carried over and cancelled (5   6) 92 828,18  8. Carry-overs to 1991 1 253 675,61  9. Cancellations (1   4   8) 113 131,40  2. Welcomes the fact that the Foundation has reorganized its administrative departments in such a way as to effect a clearer separation between duties involving management of appropriations and accounting duties;  3. Welcomes the Commission's moves to speed up correspondence between its Financial Control services and the Foundation as a measure of reducing the latter's recourse to the imprest account procedure;  4. Calls upon the Foundation henceforward to submit proposals to the Commission for any transfer of appropriations involving a fundamental change in destination, particularly those between administrative and operating expenditure;  5. Asks that the question of the eventual ownership of the Foundation's new building be settled by the end of the current financial year, taking into account also that the land is the property of the Irish State;  6. Calls upon the Foundation to review its publication and distribution policy and to write down appropriately in the accounts the value of its stocks of publications;  7. Grants discharge to the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1990 financial year, on the basis of the report of the Court of Auditors;  8. Instructs its President to forward this Decision to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors and to have it published in the  Official Journal of the European Communities (L series). Done at Strasbourg, 8 April 1992.   The Secretary-General  The President  Enrico VINCI  Dr Egon KLEPSCH


title: Council Decision 2014/220/CFSP of 15 April 2014 amending Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

text:
               16.4.2014

               EN

               Official Journal of the European Union

               L 113/27

         COUNCIL DECISION 2014/220/CFSP
   of 15 April 2014
   amending Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 17 January 2013, the Council adopted Decision 2013/34/CFSP (1) on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali).

               (2)

               On 18 February 2013, the Council adopted Decision 2013/87/CFSP (2) on the launch of EUTM Mali.

               (3)

               On 17 December 2013, the Political and Security Committee recommended that the mandate of EUTM Mali be extended for a period of two years, until 18 May 2016.

               (4)

               It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EUTM Mali for the period from 19 May 2014 to 18 May 2016.

               (5)

               Decision 2013/34/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2013/34/CFSP is amended as follows:

               (1)

               in Article 10, paragraph 2 is replaced by the following:
               ‘2.   The financial reference amount for the common costs of EUTM Mali for the period from 19 May 2014 to 18 May 2016 shall be EUR 27 700 000. The percentage of the reference amount referred to in Article 25(1) of Decision 2011/871/CFSP shall be 0 %.’.

               (2)

               in Article 12, paragraph 2 is replaced by the following:
               ‘2.   The mandate of EUTM Mali shall end on 18 May 2016.’.

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

      Done at Luxembourg, 15 April 2014.

            For the Council

            The President

         C. ASHTON

      (1)  Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (OJ L 14, 18.1.2013, p. 19).

      (2)  Council Decision 2013/87/CFSP of 18 February 2013 on the launch of a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (OJ L 46, 19.2.2013, p. 27).


Avis juridique important

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31993D0662

93/662/EC: Council Decision of 6 December 1993 adopting the Council's Rules of Procedure

Official Journal L 304 , 10/12/1993 P. 0001 - 0008 Finnish special edition: Chapter 1 Volume 3 P. 0035  Swedish special edition: Chapter 1 Volume 3 P. 0035

COUNCIL DECISION of 6 December 1993 adopting the Council's Rules of Procedure  (93/662/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 151 (3)  thereof, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 30 (3) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 121 (3) thereof, HAS DECIDED AS FOLLOWS: Sole Article The Rules of Procedure of the Council of 24 July 1979, as amended  on 20 July 1987, shall be replaced by the following, which shall enter into force on 7 December  1993: 'RULES OF PROCEDURE OF THE COUNCIL Article 1 1.  The Council shall meet when convened by its President on his own initiative or at the request  of one of its members or of the Commission. 2.  The President shall make known the dates which he envisages for meetings of the Council during  his period of office as President, seven months before the beginning thereof. 3.  In accordance with the Decision taken by common agreement between the Representatives of the  Governments of the Member States on 12 December 1992 on the basis of the relevant Articles of the  Treaties establishing the European Communities, the Council shall have its seat in Brussels. During  the months of April, June and October, the Council shall hold its meetings in Luxembourg. In exceptional circumstances and for duly substantiated reasons, the Council, acting unanimously,  may decide to hold a meeting elsewhere. Article 2 1.  The President shall draw up the provisional agenda for each meeting. The agenda shall be sent  to the other members of the Council and to the Commission at least 14 days before the beginning of  the meeting. 2.  The provisional agenda shall contain the items in respect of which a request for inclusion on  the agenda, together with any documents relating thereto, has been received by the General  Secretariat from a member of the Council or from the Commission at least 16 days before the  beginning of that meeting. The provisional agenda shall also indicate the items on which the Presidency, a member of the  Council or the Commission may request a vote. 3.  Only items in respect of which the documents have been sent to the members of the Council and  to the Commission at the latest by the date on which the provisional agenda is sent may be placed  on that agenda. 4.  The General Secretariat shall transmit to the members of the Council and to the Commission  requests for the inclusion of items in the agenda, documents and indications concerning voting  relating thereto in respect of which the time limits specified above were not respected. 5.  The agenda shall be adopted by the Council at the beginning of each meeting. The inclusion in  the agenda of an item other than those appearing on the provisional agenda shall require unanimity  in the Council. Items entered in this way may be put to the vote. 6.  The provisional agenda shall be divided into Part A and Part B. Items for which approval of the  Council is possible without discussion shall be included in Part A, but this does not exclude the  possibility of any member of the Council or of the Commission expressing an opinion at the time of  the approval of these items and having statements included in the minutes. 7.  However, an "A" item shall be withdrawn from the agenda, unless the Council decides otherwise,  if a position on an "A" item might lead to further discussion thereof or if a member of the Council  or the Commission so requests. Article 3 Subject to the provisions of Article 7 on the delegation of voting rights, a member of the Council  who is prevented from attending a meeting may arrange to be represented. Article 4 1.  Meetings of the Council shall not be public except in the cases referred to in Article 6. 2.  The Commission shall be invited to take part in meetings of the Council. The Council may,  however, decide to deliberate without the presence of the Commission. 3.  The members of the Council and of the Commission may be accompanied by officials who assist  them. The number of such officials may be laid down by the Council. The names and functions of such officials shall be notified in advance to the Secretary-General. 4.  Admission to meetings of the Council shall be subject to the production of a pass. Article 5 1.  Without prejudice to Article 7 (5) and other applicable provisions, the deliberations of the  Council shall be covered by the obligation of professional secrecy, except in so far as the Council  decides otherwise. Where the record of a vote in Council is made public in accordance with Article 7 (5), the  explanations of vote made when the vote was taken shall also be made public at the request of the  Council members concerned, with due regard for these Rules of Procedure, legal certainty and the  interests of the Council. 2.  The Council may authorize the production of a copy or an extract from its minutes for use in  legal proceedings. Article 6 1.  The Council shall hold policy debates on the six-monthly work programme submitted by the  Presidency and, if appropriate, on the Commission's annual work programme. These debates shall be  the subject of public retransmission by audiovisual means. 2.  The Council may decide unanimously and on a case-by-case basis that some of its other debates  are to be the subject retransmission by audiovisual means, in particular where they concern an  important issue affecting the interests of the Union or an important new legislative proposal. To  that end, it shall be for the Presidency, any member of the Council, or the Commission to propose  issues or specific subjects for such a debate. Article 7 1.  The Council shall vote on the initiative of its President. The President shall, furthermore, be required to open a voting procedure on the initiative of a  member of the Council or of the Commission, provided that a majority of the Council's members so  decides. 2.  The members of the Council shall vote in the order of the Member States laid down in Article 27  of the Treaty establishing the European Coal and Steel Community (ECSC), Article 146 of the Treaty  establishing the European Community (EC) and Article 116 of the Treaty establishing the European  Atomic Energy Community (EAEC), beginning with the member who, according to that order, follows the  member holding the office of President. 3.  Delegation of the right to vote may only be made to another member of the Council. 4.  The presence of six members of the Council is required to enable the Council to vote. 5.  The record of the votes shall be made public: -  when the Council is acting as legislator within the meaning of the term given in the Annex to  these Rules of Procedure, unless the Council decides otherwise. This rule shall apply when the  Council adopts a common position pursuant to Article 189b or 189c of the Treaty establishing the  European Community, -  when they are cast by the members of the Council or their representatives on the Conciliation  Committee set up by Article 189b of the Treaty establishing the European Community, -  when the Council acts pursuant to Titles V and VI of the Treaty on European Union by a unanimous  Council decision taken at the request of one of its members, -  in other cases, by Council decision taken at the request of one of its members. Article 8 1.  Acts of the Council on an urgent matter may be adopted by a written vote where the Council or  the Committee of Permanent Representatives of the Member States (Coreper) referred to in Article 30  of the ECSC Treaty, Article 151 of the EC Treaty and Article 121 of the EAEC Treaty, unanimously  decides to use that procedure. In special circumstances, the President may also propose the use of  that procedure; in such a case, written votes may be used where all members of the Council agree to  that procedure. 2.  Furthermore, agreement by the Commission to the use of that procedure shall be required where  the written vote is on a matter which the Commission has brought before the Council. 3.  A summary of acts adopted by the written procedure shall be drawn up every month. 4.  On the initiative of the Presidency, the Council may also act for the purpose of implementing  the common foreign and security policy by means of the simplified written procedure (Coreu). In  that case the proposal shall be deemed to be adopted at the end of the period laid down by the  Presidency depending on the urgency of the matter, except where a member of the Council objects. 5.  The General Secretariat shall establish that the written procedures have been completed. Article 9 1.  Minutes of each meeting shall be drawn up and, when approved, shall be signed by the  President-in-Office at the time of such approval and by the Secretary-General. The minutes shall as a general rule indicate in respect of each item on the agenda: -  the documents submitted to the Council, -  the decisions taken or the conclusions reached by the Council, -  the statements made by the Council and those whose entry has been requested by a member of the  Council or the Commission. 2.  The draft minutes shall be drawn up by the General Secretariat within 15 days and submitted to  the Council for approval. 3.  Prior to such approval any member of the Council, or the Commission, may request that more  details be inserted in the minutes regarding any item on the agenda. 4.  The texts referred to in Article 10 shall be annexed to the minutes. Article 10 1.  Except as otherwise decided unanimously by the Council on grounds of urgency, the Council shall  deliberate and take decisions only on the basis of documents and drafts drawn up in the languages  specified in the rules in force governing languages. 2.  Any member of the Council may oppose discussion if the texts of any proposed amendments are not  drawn up in such of the languages referred to in paragraph 1 as he may specify. Article 11 The text of the acts adopted by the Council and that of the acts adopted jointly by the European  Parliament and the Council shall be signed by the President-in-Office at the time of their adoption  and by the Secretary-General. The Secretary-General may delegate his signature to Directors-General  of the General Secretariat. Article 12 Regulations adopted jointly by the European Parliament and the Council as well as Council  regulations shall include in their title the word "Regulation", as followed by a serial number, by  the date of their adoption and by an indication of their subject matter. Article 13 Regulations adopted jointly by the European Parliament and the Council as well as Council  regulations shall contain the following: (a)  "The European Parliament and the Council of the European Union" or "The Council of the  European Union" as appropriate; (b)  a reference to the provisions under which the Regulation is adopted, preceded by the words  "Having regard to"; (c)  a citation containing a reference to proposals submitted and opinions obtained and to  consultations held; (d)  a statement of the reasons on which the Regulation is based, introduced by the word  "Whereas"; (e)  the phrase "have adopted this Regulation" or the phrase "has adopted this Regulation", as  appropriate, followed by the body of the Regulation. Article 14 1.  Regulations shall be divided into Articles, if appropriate grouped into chapters and sections. 2.  The last Article of a Regulation shall fix the date of entry into force, where that date is  before or after the 20th day following publication. 3.  The last Article of a Regulation shall be followed by: -  "This Regulation shall be binding in its entirety and directly applicable in all Member  States.", -  "Done at .  .  .", followed by the date on which the Regulation was adopted, and -  in the case of: (a)  a Regulation adopted jointly by the European Parliament and the Council, the formula: "For  the  European  Parliament The President" "For  the  Council The President", followed by the name of the President of the European Parliament and of the President-in-Office of  the Council when the Regulation is adopted; (b)  a Council Regulation, the following formula: "For the Council The President", followed by the name of the President-in-Office of the Council at the time when the Regulation is  adopted. Article 15 The acts referred to in Article 191 (1) of the EC Treaty and the acts of the Council referred to in  Article 191 (2) thereof and in the first paragraph of Article 163 of the EAEC Treaty shall be  published in the Official Journal by the Secretary-General. Common positions adopted by the Council  in accordance with the procedures referred to in Articles 189b and 189c of the EC Treaty, and the  reasons underlying those common positions, shall be published under the same conditions. Article 16 Directives and decisions adopted jointly by the European Parliament and the Council, and directives  and decisions of the Council, shall include in their titles the word "Directive" or "Decision". Recommendations made and opinions delivered by the Council shall include in their titles the word  'recommendation` or 'opinion`. The provisions relating to Regulations set out in Articles 13 and 14 shall apply mutatis mutandis,  subject to the relevant provisions of the Treaty, to directives and decisions. Article 17 1.  Common positions within the meaning of Article J.2 and joint action within the meaning of  Article J.3 of the Treaty on European Union shall bear one of the following headings, as  appropriate: -  "Common position defined by the Council on the basis of Article J.2 of the Treaty on European  Union"; -  "Joint action adopted by the Council on the basis of Article J.3 of the Treaty on European  Union". 2.  Joint positions, joint action and conventions within the meaning of Article K.3 (2) of the  Treaty on European Union shall bear one of the following headings, as appropriate: -  "Joint position defined by the Council on the basis of Article K.3 of the Treaty on European  Union", -  "Joint action adopted by the Council on the basis of Article K.3 of the Treaty on European  Union", -  "Convention drawn up on the basis of Article K.3 of the Treaty on European Union". Article 18 1.  The Secretary-General shall notify Council directives other than those referred to in Article  191 (2) of the EC Treaty and Council decisions and recommendations to their addressees. He shall  also notify the joint action adopted or the common positions or joint positions defined on the  basis of Articles J.2, J.3 or K.3 of the Treaty on European Union. He may entrust to  Directors-General of the General Secretariat the task of attending to such notification on his  behalf. 2.  The Secretary-General or a Director-General acting on his behalf shall send authentic copies of  Council Directives other than those referred to in Article 191 (2) of the EC Treaty and Council  decisions and recommendations to the Governments of the Member States and to the Commission. 3.  The decision to publish in the Official Journal the common positions and joint positions  defined and the joint action adopted on the basis of Articles J.2, J.3 and K.3 of the Treaty on  European Union and the measures implementing joint action and any measures implementing the  conventions referred to in paragraph 4 shall in each case be taken by the Council acting  unanimously when the said instruments are adopted. 4.  Conventions drawn up by the Council in accordance with Article K.3 (2) of the Treaty on  European Union, shall be published in the Official Journal. Reference shall be made in the Official Journal to the entry into force of such conventions. 5.  The Council shall decide unanimously whether the following should be published in the Official  Journal by the Secretary-General: -  directives other than those referred to in Article 191 (1) and (2) of the EC Treaty, Council  decisions and recommendations, -  conventions signed between the Member States. 6.  Where an agreement concluded between the Communities and one or more States or international  organizations sets up a body vested with powers of decision, the Council shall decide, when such an  agreement is concluded, whether decisions to be taken by that body should be published in the  Official Journal. Article 19  (1) 1.  The Permanent Representatives Committee (Coreper) shall prepare the work of the Council and  shall carry out the tasks assigned to it by the Council. All items on the agenda for a Council  meeting shall be examined in advance by Coreper unless the Council decides otherwise. Coreper shall  endeavour to reach agreement at its level to be submitted to the Council for adoption. It shall  ensure adequate presentation of the dossiers to the Council. In the event of an emergency, the  Council, acting unanimously, may decide to settle the matter without prior examination. 2.  Committees or working parties may be set up by, or with the approval of, Coreper with a view to  carrying out certain preparatory work or studies defined in advance. 3.  Coreper shall be presided over, depending on the items on the agenda, by the Permanent  Representative or the Deputy Permanent Representative of the Member State which holds the  Presidency of the Council. Unless the Council decides otherwise, the various committees provided  for in the Treaties shall also be presided over by a delegate of that Member State. The same shall  apply to the committees and working parties referred to in paragraph 2, unless Coreper decides  otherwise. For the preparation of meetings of Council compositions meeting once every six months  and held during the first half of this period, the meetings of committees other than Coreper, and  those of working parties held during the preceding six months may be chaired by a delegate of the  Member State whose turn it is to chair the said Council meetings. Article 20  (1) Notwithstanding the other provisions of these Rules of Procedure, the Presidency shall organize the  meetings of the various committees and working parties so that their reports are availabe before  the Coreper meetings at which they are to be examined. Article 21 1.  The Council shall be assisted by a General Secretariat under the direction of a  Secretary-General. The Secretary-General shall be appointed by the Council acting unanimously. 2.  The Council shall determine the organization of the General Secretariat. Under its authority the Secretary-General shall take all the measures necessary to ensure the  smooth running of the General Secretariat. 3.  The Secretary-General shall submit to the Council the draft estimate of the expenditure of the  Council in sufficient time to ensure that the time limits laid down by the financial provisions are  met. 4.  In accordance with the provisions of the Financial Regulation referred to in Article 78h of the  ECSC Treaty, in Article 209 of the EC Treaty and in Article 183 of the EAEC Treaty, the  Secretary-General shall administer the funds placed at the disposal of the Council. Article 22 The detailed arrangements for public access to Council documents disclosure of which is without  serious or prejudicial consequences shall be adopted by the Council. Article 23 The rules on security shall be adopted by the Council. Article 24 In the event of the Secretary-General of the Council being designated as depositary of an agreement  concluded between the Community and one or more States or international organizations, of a  convention concluded between Member States or of a convention drawn up pursuant to Article K.3 of  the Treaty on European Union, the acts of ratification, acceptance or approval of those agreements  or conventions shall be deposited at the address of the Council. In such instances the Secretary-General shall perform all the duties of a depositary of a treaty  and shall also ensure that the dates of entry into force of such agreements or conventions are  published in the Official Journal. Article 25 1.  Subject to special procedures, the Council may be represented by the Presidency or by any other  of its members before the European Parliament or its committees. The Council may also be  represented before those committees by its Secretary-General or by senior officials of the General  Secretariat acting on instructions from the Presidency. 2.  The Council may also present its views to the European Parliament by means of a written  statement. Article 26 Correspondence to the Council shall be sent to the President at the address of the Council.'  Done at Brussels, 6 December 1993. For the Council The President W. CLAES (1)  These provisions are without prejudice to the role of the Monetary  Committee as resulting from Article 109c of the EC Treaty and existing Council decisions relating  to it.  (1)  These provisions are without prejudice to the role of the Monetary Committee as resulting from  Article 109c of the EC Treaty and existing Council Decisions relating to it.


Avis juridique important

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31992D0252

92/252/EEC: Decision of the European Parliament of 8 April 1992 granting discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1990 financial year

Official Journal L 127 , 13/05/1992 P. 0025 - 0025

DECISION OF THE EUROPEAN PARLIAMENT  of 8 April 1992  granting discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1990 financial year  (92/252/EEC)THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the first ACP-EEC Lomé Convention (1),  - having regard to the balance sheets and administrative accounts of the fourth, fifth and sixth European Development Funds for the 1990 financial year [COM (91) 0132],  - having regard to the report of the Court of Auditors for the 1990 financial year, and the replies of the institutions (2),  - having regard to the recommendation of the Council of 16 March 1992 concerning the granting of this discharge (C3-0115/92),  - whereas the Treaty of 22 July 1975 empowers the European Parliament to grant discharge in respect of the financial management of the Community,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A3-0113/92),  1. Grants discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1990 financial year on the basis of the following amounts:  revenue: ECU 12 427 000  payments: ECU 193 957 000  2. Records its observations in the resolution which forms part of this decision;  3. Instructs its President to forward this decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European  Communities (L series). Done at Strasbourg, 8 April 1992.   The Secretary-General  The President  Enrico VINCI  Dr Egon KLEPSCH   (1) OJ No L 25, 30. 1. 1976. (2) OJ No C 324, 13. 12. 1991.


Avis juridique important

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41997D0663

Decision No 2/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, establishing the Committee's Rules of Procedure

Official Journal L 281 , 14/10/1997 P. 0026 - 0026

DECISION No 2/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, establishing the Committee's Rules of Procedure (97/663/CMS) THE COMMITTEE set up by Article 18 of the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990 (1) (hereinafter referred to as 'the Committee` and 'the Convention` respectively),Having regard to Article 18 (4) of the Convention,Whereas it is appropriate that the operation of the Committee be governed by the same provisions mutatis mutandis, as those which feature in the rules of procedure of the Council of the European Union (2) (hereinafter referred to as 'the Council`),HAS DECIDED AS FOLLOWS:Article 1 The Committee shall consist of a representative at ministerial level of each Member State party to the Convention, authorized to commit the government of that Member State.Article 2 The provisions of the Council's Rules of Procedure, together with the Council statements pertaining thereto, shall apply mutatis mutandis to the proceedings of the Committee.Article 3 Representatives of States which were not Member States of the European Communities when the Convention was signed and which have not yet acceded to that Convention in accordance with Article 21 thereof, are entitled to attend the meetings of the Committee as observers. For the purposes of applying to the Committee's proceedings Articles 2 (1), (3) and (4), 4 (3) and (4), 9 (1) and (3) and Article 10 of the Council's Rules of Procedure, such representatives shall be considered as members of the Committee.Article 4 Save where these Rules of Procedure provide otherwise, the Committee shall act on procedural matters by a majority of its members.Abstentions by members present in person or represented shall not prevent the adoption by the Committee of acts which require unanimity.Article 5 The conditions under which the public has access to Council documents, disclosure of which is without serious or prejudicial consequences, shall be applied mutatis mutandis to the Committee's documents.Article 6 This Decision shall enter into force on the day following its adoption.Done at Brussels, 9 September 1997.For the CommitteeThe ChairmanM. FISCHBACH(1) OJ C 254, 19. 8. 1997, p. 1.(2) OJ L 304, 10. 12. 1993, p. 1, and OJ L 31, 10. 2. 1995, p. 14.


title: 2007/798/EC: Council Decision of 22 November 2007 on the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique

text:
               17.12.2007

               EN

               Official Journal of the European Union

               L 331/31

         COUNCIL DECISION
   of 22 November 2007
   on the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique
   (2007/798/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 300(2) in conjunction with Article 37 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Community has negotiated a Fisheries Partnership Agreement with the Republic of Mozambique providing Community vessels with fishing opportunities in the Mozambique fishing zone.

               (2)

               As a result of those negotiations a new Fisheries Partnership Agreement between the European Community and the Republic of Mozambique (hereinafter the ‘Partnership Agreement’) was initialled on 21 December 2006.

               (3)

               The Fisheries Agreement between the European Community and the Republic of Mozambique approved by Council Regulation (EC) No 2329/2003 (1) is to be replaced by the Partnership Agreement.

               (4)

               In order to guarantee the continuation of fishing activities by Community vessels, it is essential for the Partnership Agreement to be applied as quickly as possible. Both parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the Partnership Agreement from 1 January 2007.

               (5)

               It is in the interest of the Community to approve the Agreement in the form of an Exchange of Letters.

               (6)

               The method for allocating the fishing opportunities among the Member States should be defined,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters relating to the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique, (hereinafter referred to as ‘the Agreement in the form of an Exchange of Letters’) is hereby approved on behalf of the Community.
   The texts of the Agreement in the form of an Exchange of Letters and of the Partnership Agreement are attached to this Decision.
   Article 2
   The fishing opportunities set out in the Protocol to the Partnership Agreement shall be provisionally allocated among the Member States as follows:

               Fishing Category

               Type of vessel

               Member State

               Licences

               Tuna fishing

               Purse seine vessels

               Spain:

               23

               France:

               20

               Italy:

               1

               Tuna fishing

               Long-liners

               Spain:

               23

               France:

               11

               Portugal:

               9

               United Kingdom:

               2

         If fishing licence applications from these Member States do not cover all the fishing opportunities set out in the Protocol to the Partnership Agreement, the Commission may consider fishing licence applications from any other Member State.
   Article 3
   The Member States whose vessels fish under the Agreement in the form of an Exchange of Letters shall notify the Commission of the quantities of each stock caught within the Mozambique fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (2).
   Article 4
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

      Done at Brussels, 22 November 2007.

            For the Council

            The President

         M. PINHO

      (1)  Council Regulation (EC) No 2329/2003 of 22 December 2003 on the conclusion of the Fisheries Agreement between the European Community and the Republic of Mozambique (OJ L 345, 31.12.2003, p. 43).

      (2)  OJ L 73, 15.3.2001, p. 8.
   AGREEMENT
   in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique
   Sir,
   Referring to the Fisheries Agreement between the European Community, of the one part, and the Republic of Mozambique, of the other part, initialled on 21 December 2006, including the Protocol, Annex and Appendices thereto, setting out the fishing opportunities and the financial contribution for the period from 1 January 2007 and 31 December 2011, I have the honour to inform you that the Government of Mozambique is willing to apply the abovementioned Agreement provisionally from 1 January 2007 pending its entry into force in accordance with Article 17 thereof, provided that the European Community is prepared to do likewise.
   This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid by 31 October 2007.
   I should be grateful if you would confirm the agreement of the European Community to such a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

      For the Government of Mozambique

   Sir,
   I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:

      ‘Referring to the Fisheries Agreement between the European Community, of the one part, and the Republic of Mozambique, of the other part, initialled on 21 December 2006, including the Protocol, Annex and Appendices thereto, setting out the fishing opportunities and the financial contribution for the period from 1 January 2007 and 31 December 2011, I have the honour to inform you that the Government of Mozambique is willing to apply the abovementioned Agreement provisionally from 1 January 2007 pending its entry into force in accordance with Article 17 thereof, provided that the European Community is prepared to do likewise.
      This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid by 31 October 2007.
      I should be obliged if you would confirm the European Community’s agreement to such provisional application.’

   I am pleased to confirm the agreement of the European Community to a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

      For the European Community

   FISHERIES PARTNERSHIP AGREEMENT
   between the European Community and the Republic of Mozambique
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   and
   THE REPUBLIC OF MOZAMBIQUE, hereinafter referred to as ‘Mozambique’,
   hereinafter referred to as ‘the Parties’,
   CONSIDERING the close working relationship between the Community and Mozambique, particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that relationship,
   CONSIDERING the desire of the two Parties to promote the sustainable exploitation of fisheries resources by means of cooperation,
   HAVING REGARD TO the United Nations Convention on the Law of the Sea,
   RECOGNISING that Mozambique exercises its sovereign rights or jurisdiction over a zone extending up to 200 nautical miles from the baseline in accordance with the United Nations Convention on the Law of the Sea,
   DETERMINED to apply the decisions and recommendations taken by the relevant regional organisations of which the Parties are members,
   AWARE of the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995,
   DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources,
   CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort,
   DECIDED, for the purposes of such cooperation, that the Parties shall establish the dialogue needed to implement Mozambique’s fishing policies by involving civil society operators,
   DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Mozambican waters and Community support for responsible fishing in those waters,
   RESOLVED to pursue closer economic cooperation in the fishing industry and related activities by promoting cooperation between companies from both Parties,
   HEREBY AGREE AS FOLLOWS:
   Article 1
   Scope
   This Agreement establishes the principles, rules and procedures governing:

               —

               economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Mozambique’s fishing zones in order to guarantee the conservation and sustainable exploitation of fisheries resources and develop Mozambique’s fisheries sector,

               —

               the conditions governing access by Community fishing vessels to Mozambique’s fishing zone,

               —

               cooperation on the arrangements for policing fisheries in Mozambique’s fishing zone with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented,

               —

               partnerships between operators aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

         Article 2
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Mozambican authorities’ means the Ministry of Fisheries of the Republic of Mozambique;

               (b)

               ‘Community authorities’ means the European Commission;

               (c)

               ‘Mozambique’s fishing zone’ means Mozambique’s marine waters where fishing is authorised;

               (d)

               ‘fishing vessel’ means any vessel used for fishing purposes according to Mozambican law;

               (e)

               ‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

               (f)

               ‘Joint Committee’ means a committee made up of representatives of the Community and Mozambique, as provided for in Article 9 of this Agreement;

               (g)

               ‘transhipment’ means the transfer in the port area of some or all of the catch from one fishing vessel to another vessel;

               (h)

               ‘shipowner’ means the person legally responsible for a fishing vessel, in its charge and control;

               (i)

               ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement.

         Article 3
   Principles and objectives underlying the implementation of this Agreement
   1.   The Parties hereby undertake to promote responsible fishing in Mozambican waters as provided for in FAO’s Code of Conduct for Responsible Fishing on the basis of the principles of non-discrimination between the different fleets fishing in those waters.
   2.   The Parties shall cooperate with a view to monitoring the results of the implementation of the fishing policy adopted by the Mozambican Government and evaluating the measures, programmes and actions carried out on the basis of this Agreement and shall establish, to this end, a political dialogue in the fisheries sector. The results of the evaluations shall be analysed by the Joint Committee provided for in Article 9 of this Agreement.
   3.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance, respecting the state of fish stocks.
   4.   The employment of Mozambican seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation. Non-Mozambican ACP seamen on board Community vessels shall enjoy the same conditions.
   5.   The Parties shall consult one another prior to adopting any decision that may affect the activities of Community vessels under this Agreement.
   Article 4
   Scientific cooperation
   1.   During the period covered by this Agreement, the Community and the Mozambican authorities shall endeavour to monitor the evolution of resources in Mozambique’s fishing zone.
   2.   The Parties undertake to consult one another, by means of a joint scientific working group or within the international organisations concerned, to ensure the management and conservation of living resources in the Indian Ocean, and to cooperate in the relevant scientific research.
   3.   The two Parties, on the basis of the consultation referred to in paragraph 2, shall consult one another within the Joint Committee provided for in Article 9 and jointly adopt conservation measures for sustainable management of fish stocks affecting the activities of Community vessels.
   Article 5
   Access by Community vessels to fisheries in Mozambican waters
   1.   Mozambique undertakes to authorise Community vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.
   2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Mozambique. The Mozambican authorities shall notify the Commission of any amendments to that legislation.
   3.   Mozambique undertakes to take all the appropriate steps required for the effective application of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the Mozambican authorities responsible for carrying out such monitoring.
   4.   The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in Mozambique’s fishing zone.
   Article 6
   Licences
   1.   Community vessels may fish in Mozambique’s fishing zone only if they are in possession of a fishing licence on board, or a copy thereof, issued under this Agreement and the Protocol hereto.
   2.   The procedure for obtaining a fishing licence for a vessel, the fees applicable and the method of payment to be used by shipowners shall be as set out in the Annex to the Protocol.
   Article 7
   Financial contribution
   1.   The Community shall grant Mozambique a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be based on two elements, namely:

               (a)

               access by Community vessels to Mozambican waters and fisheries resources; and

               (b)

               the Community’s financial support for promoting responsible fishing and the sustainable exploitation of fisheries resources in Mozambican waters.

         2.   The element of the financial contribution referred to in paragraph 1(b) shall be determined in the light of objectives identified by common accord between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy drawn up by the Mozambican Government and an annual and multiannual programme for its implementation.
   3.   The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

               (a)

               serious circumstances other than natural phenomena which are such as to prevent fishing activities in Mozambican waters;

               (b)

               a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

               (c)

               an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

               (d)

               a reassessment of the terms of financial support for implementing a sectoral fisheries policy in Mozambican, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

               (e)

               termination of this Agreement under Article 12;

               (f)

               suspension of the application of this Agreement under Article 13.

         Article 8
   Promoting cooperation among economic operators and civil society
   1.   The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.
   2.   The Parties undertake to promote the exchange of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.
   3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.
   4.   The Parties undertake to implement a plan and actions between Mozambican and Community operators aimed at promoting fish landing from Community vessels in Mozambique.
   5.   The Parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Mozambican and Community legislation.
   Article 9
   Joint Committee
   1.   A Joint Committee shall be set up to monitor the application of this Agreement. The Joint Committee shall perform the following functions:

               (a)

               monitoring the performance, interpretation and application of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 7(2) and evaluation of its implementation;

               (b)

               providing the necessary liaison for matters of mutual interest relating to fisheries;

               (c)

               acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

               (d)

               reassessing, where necessary, the level of fishing opportunities and, consequently, of the financial contribution;

               (e)

               any other function which the Parties decide on by mutual agreement.

         2.   The Joint Committee shall exercise its functions with regard to the results of consultation at scientific level referred to in Article 4 of this Agreement.
   3.   The Joint Committee shall meet at least once a year, alternately in Mozambique and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either Party.
   Article 10
   Geographical area to which the Agreement applies
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Mozambique.
   Article 11
   Duration
   This Agreement shall apply for five years from the date of its entry into force; it shall be tacitly renewed for additional periods of five years, unless notice of termination is given in accordance with Article 12.
   Article 12
   Termination
   1.   Application of this Agreement may be terminated by one of the Parties in the event of serious circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Mozambican waters. This Agreement may also be terminated by either Party in the event of degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, unreported and unregulated fishing.
   2.   The Party concerned shall notify the other Party in writing of its intention to withdraw from the Agreement at least six months before the date of expiry of the initial period or each additional period.
   3.   Dispatch of the notification referred to in paragraph 2 shall open consultations by the Parties.
   4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.
   Article 13
   Suspension
   1.   Application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.
   2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.
   Article 14
   Protocol and Annex
   The Protocol, the Annex and Appendices hereto shall form an integral part of this Agreement.
   Article 15
   National law
   The activities of Community vessels operating in Mozambican waters shall be governed by the applicable law in Mozambique, unless otherwise provided in this Agreement or the Protocol, its Annex and Appendices thereto.
   Article 16
   Repeal
   On the date of its entry into force, this Agreement repeals and replaces the Agreement between the European Community and the Government of the Republic of Mozambique on fishing off the coast of Mozambique which entered into force on 31 December 2003.
   Article 17
   Entry into force
   This Agreement, drawn up in duplicate in the Bulgarian, Czech, Estonian, Danish, Dutch, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. It shall enter into force on 1 January 2007.
   PROTOCOL
   setting out the fishing opportunities and financial contribution provided for in the fisheries Partnership Agreement between the European Community and the Republic of Mozambique on fishing off the coast of Mozambique for the period from 1 January 2007 to 31 December 2011
   Article 1
   Period of application and fishing opportunities
   1.   For a period of five years from 1 January 2007, the fishing opportunities granted under Article 5 of the Agreement shall be as follows:
   Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention):

               —

               freezer tuna seiners: 44 vessels,

               —

               surface longliners: 45 vessels.

         2.   Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.
   3.   Vessels flying the flag of a Member State of the European Community may fish in Mozambique’s fishing zone only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex hereto.
   Article 2
   Financial contribution — Methods of payment
   1.   The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1, an annual amount of EUR 650 000 equivalent to a reference tonnage of 10 000 tonnes per year and a specific amount of EUR 250 000 per year for the support and implementation of Mozambique’s sectoral fisheries policy. This specific amount shall be an integral part of the single financial contribution defined in Article 7 of the Agreement.
   2.   Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of this Protocol.
   3.   The Community shall pay the total amount referred to in paragraph 1, i.e. EUR 900 000, each year during the period of application of this Protocol.
   4.   If the overall quantity of catches by Community vessels in Mozambican waters exceeds the reference tonnage, the amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community shall not be more than twice the amount equivalent to the reference tonnage (EUR 1 300 000). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
   5.   Payment of the financial contribution referred to in paragraph 1 shall be made no later than 31 October 2007 for the first year and no later than 15 January 2008, 2009, 2010 and 2011 for the following years.
   6.   Subject to Article 7, the Mozambican authorities shall have full discretion regarding the use to which this financial contribution is paid.
   7.   The financial contribution shall be paid into a Public Treasury account opened at a financial institution designated by the Mozambican Authorities.
   Article 3
   Cooperation on responsible fishing — Scientific cooperation
   1.   The Parties hereby undertake to promote responsible fishing in Mozambican waters.
   2.   During the period covered by this Protocol, the Community and the Mozambican authorities shall monitor the evolution of resources in Mozambique’s fishing zone.
   3.   As of the date of entry into force of this Protocol, the Parties shall establish by mutual agreement the arrangements for the scientific consultation provided for in Article 4(2) of the Agreement with a view to prepare the work of the Joint Committee referred to in Article 9 of the Agreement.
   Article 4
   Review of fishing opportunities by mutual agreement
   1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(4) confirm that such an increase will not endanger the sustainable management of Mozambique’s resources. In this case, the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community may not exceed twice the amount referred to in Article 2(1). Where the quantities caught by Community vessels exceed twice 10 000 tonnes, i.e. 20 000 tonnes, the amount due for the quantity exceeding that limit shall be paid the following year.
   2.   Conversely, if the Parties agree to adopt a reduction in the fishing opportunities referred to in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.
   3.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed, following consultations and agreement between the Parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3 regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.
   Article 5
   New fishing opportunities
   1.   Should Community vessels be interested in fishing activities which are not indicated in Article 1, the Parties shall consult one another prior to authorisation by Mozambican authorities for these new activities. Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.
   2.   The Parties shall promote exploratory fishing activities in Mozambican waters. In this framework, whenever one of the Parties so requests, the Parties shall consult one another and determine, on a case-to-case basis, the conditions and other parameters for these fishing activities.
   The two Parties shall carry out exploratory fishing activities in accordance with the parameters adopted by mutual agreement and with administrative provisions established to this effect. The authorisations for exploratory fishing shall be granted for a maximum of six months.
   Where the Parties conclude that the exploratory fishing trips have produced positive results, the Mozambican Government may award new fishing opportunities for new species until the expiry of the Protocol. The financial contribution referred to in Article 2(1) shall be increased accordingly.
   Article 6
   Suspension in the event of serious circumstances
   1.   Where serious circumstances, other than natural phenomena, prevent fishing activities in Mozambican waters, the European Community may suspend payment of the financial contribution referred to in Article 2(1). The suspension decision shall be taken following consultations between the two Parties within a period of two months following the request of one of the Parties, and provided that the Community has paid in full any amounts due at the time of suspension.
   2.   Payment of the financial contribution shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.
   3.   At the expiry of the suspension, the Parties shall agree on the circumstances in which Community vessels may resume fishing.
   Article 7
   Promotion of responsible fishing in Mozambican waters
   1.   One hundred percent of the financial contribution referred to in Article 2 shall be used to support the implementation of the sectoral fishing policy drawn up by the Mozambican Government.
   Mozambique shall be responsible for managing the corresponding amount, on the basis of the objectives identified by mutual agreement by the Parties and in accordance with the annual and multiannual programming.
   2.   For the purposes of implementing paragraph 1, as soon as this Protocol enters into force and no later than three months after that date, the Community and Mozambique shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

               (a)

               annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 and its specific amounts for the initiatives to be carried out in 2007;

               (b)

               the objectives, both annual and multiannual, to be achieved with a view to promoting responsible fishing and sustainable fisheries, taking account of the priorities expressed by Mozambique in its national fisheries policy and other policies relating to or having an impact on the introduction of responsible fishing and sustainable fisheries, in particular in terms of improving the health conditions of the production of fishery products and strengthening the monitoring capacity of the competent Mozambican authorities;

               (c)

               criteria and procedures for evaluating the results obtained each year.

         3.   Any proposed amendments to the multiannual sectoral programme or of the use of the specific amounts for the initiatives to be carried out in 2007 must be approved by both Parties within the Joint Committee.
   4.   Each year, Mozambique shall allocate the share corresponding to the percentage referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year of application of the Protocol thereafter, Mozambique shall notify the Community of the allocation no later than 1 September of the previous year.
   5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask for the financial contribution referred to in Article 2(1) of this Protocol to be readjusted with a view to bringing the actual amount of financial resources allocated to the implementation of the programme into line with its results.
   Article 8
   Disputes — suspension of application of the Protocol
   1.   Any dispute between the Parties over the interpretation of this Protocol on its application shall be the subject of consultations between the Parties within the Joint Committee provided for in Article 9 of the Agreement, in a special meeting if necessary, in order to reach an amicable settlement.
   2.   Where the amicable settlement referred to in paragraph 1 cannot be reached and without prejudice to Article 9, the application of the Protocol may be suspended at the initiative of one Party if the dispute between the Parties is deemed serious.
   3.   Suspension of application of the Protocol shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect.
   4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. As soon as an amicable settlement is reached, application of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of this Protocol was suspended.
   Article 9
   Suspension of application of the Protocol on grounds of non-payment
   Subject to Article 6, if the Community fails to make the payments provided for in Article 2, the application of this Protocol may be suspended on the following terms:

               (a)

               If no payment is made within the period provided for in Article 2(5) of this Protocol, the relevant Mozambican authorities shall notify the European Commission of the non-payment. The latter shall carry out the requisite checks and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification;

               (b)

               If the non-payment is confirmed or not adequately justified within the period specified in (a), the relevant Mozambican authorities shall be entitled to suspend application of this Protocol. They shall inform the European Commission of such action forthwith;

               (c)

               Application of the Protocol shall resume as soon as the payment concerned has been made.

         Article 10
   National law
   Without prejudice to the provisions of the Agreement, this Protocol and the Annex and Appendices hereto, the activities of Community vessels operating under the framework of this Protocol and the Annex and Appendices hereto shall be governed by the applicable law in Mozambique.
   Article 11
   Repeal
   The Annex to the Fisheries Agreement between the European Community and the Government of the Republic of Mozambique on fishing off the coast of Mozambique is hereby repealed and replaced by the Annex to this Protocol.
   Article 12
   Entry into force
   1.   This Protocol with the Annex thereto shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.
   2.   This Protocol and the Annex and Appendices thereto shall apply with effect from 1 January 2007.


Avis juridique important

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31981D0556

81/556/EEC: Council Decision of 30 June 1981 replacing three members of the Committee of the European Social Fund

Official Journal L 203 , 23/07/1981 P. 0045

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .        COUNCIL DECISION   OF 30 JUNE 1981   REPLACING THREE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND  ( 81/556/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 ( 1 ) ON THE EUROPEAN SOCIAL FUND ,   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 10 NOVEMBER 1980 APPOINTING THE MEMBERS AND ALTERNATES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING 9 NOVEMBER 1982 ,   WHEREAS THREE MEMBERS '  SEATS ON THE AFORESAID COMMITTEE HAVE FALLEN VACANT , TWO IN THE TRADE UNION REPRESENTATIVES CATEGORY AND A THIRD IN THE GOVERNMENT REPRESENTATIVES CATEGORY , FOLLOWING THE DEATH OF MR GRASMAN AND THE RESIGNATION OF MR CRAVERI AND MR FAIR , NOTIFIED TO THE COUNCIL ON 9 APRIL , 14 MAY AND 11 JUNE 1981 RESPECTIVELY ,   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 9 , 16 AND 15 JUNE 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR B . PRONK , MR ALBERTO BONIFAZI AND MR ROBERT NIVEN ARE HEREBY APPOINTED MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND IN PLACE OF MR GRASMAN , MR CRAVERI AND MR FAIR FOR THE REMAINDER OF THEIR TERMS OF OFFICE , WHICH RUN UNTIL 9 NOVEMBER 1982 .   DONE AT LUXEMBOURG , 30 JUNE 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . BRAKS


title: 2004/861/EC: Council Decision of 7 December 2004 amending Council Decision 2002/883/EC providing further macro-financial assistance to Bosnia and Herzegovina

text:
               17.12.2004

               EN

               Official Journal of the European Union

               L 370/80

      COUNCIL DECISION

   of 7 December 2004
   amending Council Decision 2002/883/EC providing further macro-financial assistance to Bosnia and Herzegovina
   (2004/861/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
   Having regard to the proposal from the Commission (1),
   Having regard to the opinion of the European Parliament (2),
   Whereas:

               (1)

               Council Decision 2002/883/EC (3) of 5 November providing further macro-financial assistance to Bosnia and Herzegovina includes a loan component of a maximum principal of EUR 20 million and a grant component of a maximum of EUR 40 million.

               (2)

               Due to delays in the implementation of the required policy reforms as agreed between the European Commission and Bosnia and Herzegovina, so far only a first (EUR 15 million) and a second tranche (EUR 20 million) could be released. A third and final tranche of up to EUR 25 million is still outstanding.

               (3)

               Bosnia and Herzegovina is committed to a continued economic stabilisation and reform path. Following the successful completion of the previous IMF Standby Arrangement in February 2004 negotiations were under way on a new IMF-supported programme.

               (4)

               The country continues to require external financial support in addition to what can be provided by international financial institutions.

               ((5)

               Decision 2002/883/EC should be amended to permit the commitments and the payments of grant funds and loan disbursements beyond 9 November 2004.

               (6)

               The Treaty does not provide, for the adoption of this decision, powers other than those of Article 308.

               (7)

               After consulting the Economic and Financial Committee,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The second subparagraph of Article 6 of Decision 2002/883/EC is replaced by the following:

      ‘It shall apply as from 8 November 2004 and until 30 June 2005’.

      Done at Brussels, 7 December 2004.

            For the Council

            The President

         G. ZALM

      (1)  OJ C 290, 27.11.2004, p. 6.

      (2)  Opinion delivered on 28 October 2004 (not yet published in the Official Journal)

      (3)  OJ L 308, 9.11.2002, p. 28.


title: 78/454/EEC: Council Decision of 22 May 1978 appointing an alternate member of the Advisory Committee on Medical Training

text:
 No L 146/22                         Official Journal of the European Communities                            2. 6. 78
                                                 COUNCIL DECISION
                                                     of 22 May 1978
               appointing an alternate member of the Advisory Committee on Medical
                                                         Training
                                                       (78/454/EEC)
 THE COUNCIL OF THE EUROPEAN                                    Having regard to the nomination put forward by the
 COMMUNITIES,                                                   Government of the Federal Republic of Germany on
                                                                8 May 1978,
 Having regard to the Treaty establishing the European
 Economic Community,                                            HAS DECIDED AS FOLLOWS :
 Having regard to Council Decision 75/364/EEC of 16                                  Sole Article
 June 1975 setting up an Advisory Committee on                  Mr Scholz is hereby appointed an alternate member of
 Medical Training 0,                                            the Advisory Committee on Medical Training in place
 Having regard to Council Decision 76/385/EEC of 6              of Mr Eggstein from 1 July 1978 for the remainder of
April 1976 appointing the members and alternate                 the latter's term of office, which runs until 5 April
                                                                1979 .
 members of the Advisory Committee on Medical
Training (2),
                                                                Done at Brussels, 22 May 1978 .
Whereas a seat as an alternate member of the above
                                                                                For the Council
 committee in the category of experts from the compe
 tent authorities from the Member States will become
                                                                                The President
vacant following the withdrawal of Mr Eggstein, which
was notified to the Council on 8 May 1978 ;                                                  K. HEINESEN
(») OJ No L 167, 30. 6. 1975, p. 17.
(2) OJ No L 101 , 15. 4. 1976, p. 51 .


title: Council Decision 2011/858/CFSP of 19 December 2011 amending and extending Decision 2010/784/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

text:
               21.12.2011

               EN

               Official Journal of the European Union

               L 338/54

         COUNCIL DECISION 2011/858/CFSP
   of 19 December 2011
   amending and extending Decision 2010/784/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 14 November 2005, the Council adopted Joint Action 2005/797/CFSP (1) on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) which was last extended by Council Decision 2009/955/CFSP (2) and expired on 31 December 2010.

               (2)

               On 17 December 2010, the Council adopted Decision 2010/784/CFSP (3) continuing as from 1 January 2011 the European Union Police Mission for the Palestinian Territories, and expiring on 31 December 2011.

               (3)

               On 8 November 2011, the Political and Security Committee (PSC) recommended the technical extension of EUPOL COPPS for further 6 months.

               (4)

               EUPOL COPPS should be further extended from 1 January 2012 until 30 June 2012 on the basis of its current mandate.

               (5)

               It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 January 2012 to 30 June 2012.

               (6)

               EUPOL COPPS will be conducted 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 on European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/784/CFSP is hereby amended as follows:

               (1)

               Article 12 is replaced by the following:
               ‘Article 12
               Security
               1.   The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation for EUPOL COPPS in accordance with Articles 5, 6 and 9, in coordination with the Security Directorate of the European External Action Service (EEAS).
               2.   The Head of Mission shall be responsible for the security of EUPOL COPPS and for ensuring compliance with minimum security requirements applicable to EUPOL COPPS, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty and its supporting instruments.
               3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the Security Directorate of the EEAS.
               4.   EUPOL COPPS staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.’;

               (2)

               in Article 13, paragraph 1 is replaced by the following:
               ‘1.   The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 January 2011 until 31 December 2011 shall be EUR 8 250 000.
               The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 January 2012 to 30 June 2012 shall be EUR 4 750 000.’;

               (3)

               in Article 16, the second paragraph is replaced by the following:
               ‘It shall expire on 30 June 2012.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 January 2012.

      Done at Brussels, 19 December 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 300, 17.11.2005, p. 65.

      (2)  OJ L 330, 16.12.2009, p. 76.

      (3)  OJ L 335, 18.12.2010, p. 60.


title: 78/1021/EEC: Council Decision of 5 December 1978 appointing a member of the Advisory Committee on Medical Training

text:
No L 350 / 28                       Official Journal of the European Communities                   14 . 12 . 78
                                                    COUNCIL DECISION
                                                       of 5 December 1978
                 appointing a member of the Advisory Committee on Medical Training
                                                           (78 / 1021 / EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             Having regard to the Treaty establishing the European Economic Community ,
             Having regard to Council Decision 75/ 364/ EEC of 16 June 1975 setting up an Advisory
             Committee on Medical Training ('),
            Whereas by its Decision 76/385/ EEC (2) the Council appointed members and alternate
             members of the Advisory Committee on Medical Training ;
            Whereas the Government of the Grand Duchy of Luxembourg nominated Mr
             H. Kuntziger, on 14 November 1978 , with a view to replacing Mr F. Schwachtgen ,
             member of the above Committee ,
             HAS DECIDED AS FOLLOWS :
                                                             Sole Article
            Mr Henri Kuntziger is hereby appointed a member of the Advisory Committee on
             Medical Training in place of Mr Fernand Schwachtgen for the remainder of the latter's
             term of office, which runs until 5 April 1979 .
             Done at Brussels , 5 December 1978 .
                                                                             For the Council
                                                                              The President
                                                                             M. LAHNSTEIN
            (') O I No L 167 , 30 . 6 . 1975 , p . 17 .
            (-) Of No L 101 , 15 . 4 . 1976 , p . 51 .


Avis juridique important

|

31999D0284

Decision of the European Central Bank of 3 November 1998 concerning public access to documentation and the archives of the European Central Bank (ECB/1998/12)

Official Journal L 110 , 28/04/1999 P. 0030 - 0032

DECISION OF THE EUROPEAN CENTRAL BANKof 3 November 1998concerning public access to documentation and the archives of the European Central Bank(ECB/1998/12)(1999/284/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the "Statute") and in particular to Article 12.3 thereof,Having regard to the Rules of Procedure of the European Central Bank (ECB) and in particular to Articles 23.2 and 23.3 thereof,Whereas the Declaration on the right of access to information annexed to the Final Act of the Treaty on European Union emphasises that transparency of the decision-making process strengthens the democratic nature of the institutions and the public's confidence in the administration;Whereas the European Council in Birmingham and Edinburgh agreed on a number of principles to promote a Community closer to its citizens;Whereas the European Council in Copenhagen reaffirmed the principle of giving citizens the greatest possible access to information;Whereas citizens have a legitimate interest in the organisation and functioning of institutions and bodies that are financed from public funds;Whereas Decision No 9/97 of the Council of the European Monetary Institute (EMI) of 3 June 1997(1) foresees that the public shall have access to EMI administrative documents; whereas the EMI went into liquidation on 1 June 1998; whereas it is required to specify the principles which will govern access to the documentation and the archives of the ECB;Whereas the European Ombudsman issued a Decision in the own initiative inquiry into public access to documents(2); whereas the recommendations of that Decision applied to the EMI only in relation to administrative documents; whereas the same limitations of the scope of application of the Decision are applicable to the ECB;Whereas, in accordance with Article 10.4 of the Statute, the proceedings of the meetings of the Governing Council of the ECB are confidential, but the Governing Council of the ECB may decide to make the outcome of its deliberations public;Whereas, in accordance with Article 23.1 of the Rules of Procedure of the ECB, the proceedings of the decision-making bodies of the ECB and of any committee or group established by them are confidential unless the Governing Council of the ECB authorises the President of the ECB to make the outcome of their deliberations public;Whereas, in accordance with Article 23.2 of the Rules of Procedure of the ECB, all documents drawn up by the ECB are confidential unless the Governing Council of the ECB decides otherwise;Whereas this Decision is an additional element in the ECB's information and communication policy; whereas clear rules can promote good administration by helping officials to deal accurately and promptly with requests from the public for documents;Whereas the ECB, before granting access to any document containing information obtained from the central bank of a Member State, will consult that national central bank;Whereas, in accordance with Article 11.6 of the Statute, the Executive Board of the ECB is responsible for the current business of the ECB,HAS ADOPTED THIS DECISION:Article 1Access to administrative documents1. The public shall have access to documentation and the archives of the ECB with regard to administrative documents in accordance with the provisions of this Decision.2. For the purposes of this Decision, "administrative document" shall mean any record, whatever its medium, which contains existing data and which relates to the actual organisation and functioning of the ECB. In addition, it shall mean any such record relating to the organisation and functioning of the EMI.Article 2Application for accessAn application for access to an administrative document shall be sent in writing to the ECB(3). The ECB shall endeavour to comply with the application. If the application is not made in a sufficiently precise manner or does not contain information enabling the requested document to be identified, the ECB shall ask the applicant to complete the application by providing further details.Article 3Form of access; costs; commercial reproduction1. An applicant shall have access to an administrative document either by consulting it at the premises of the ECB or by having a copy sent at his/her own expense. A fee of ECU 10 (EUR 10 as from 1 January 1999) shall be charged for copies of printed documents exceeding 100 pages in total, plus ECU 0,05 (EUR 0,05 as from 1 January 1999) per sheet of paper.2. The ECB shall endeavour to find a fair solution to deal both with repeated applications by the same applicant for the same administrative document and with applications which relate to a large number of or very long administrative documents.3. No one who has been given access to an administrative document in accordance with this Article may reproduce or circulate the document for commercial purposes through direct sale without prior authorisation from the ECB, which may be withheld without there being any requirement to give a reason.Article 4ExceptionsAccess to an administrative document shall not be granted where its disclosure could undermine:- the protection of the public interest, in particular public security, international relations, monetary and exchange rate stability, court proceedings, inspections and investigations,- the protection of the individual and of privacy,- the protection of copyright and of commercial, banking and industrial secrecy,- the protection of the ECB's financial interests,- the protection of confidentiality as requested by any natural or legal person who supplied any of the information contained in the document or as required by the law applicable to such person.Article 5Decision on application; confirmatory application; judicial review1. The ECB shall endeavour to deal with the application within a reasonable period of time. Within one month, at the latest, the applicant shall be informed in writing by the Director for External Relations of the ECB either that the application has been approved or that the intention is to reject it. In the latter case, the applicant shall also be informed of the grounds for this intention and informed that he/she has one month within which to make a confirmatory application for the position to be reconsidered, failing which he/she will be deemed to have withdrawn the original application.2. Failure to reply to an application within a month of submission shall be equivalent to a rejection, except where the applicant makes a confirmatory application, as referred to above, during the course of the following month.3. A decision on a confirmatory application shall be taken by the Executive Board of the ECB within one month of receipt.4. Any decision to reject a confirmatory application shall state the grounds upon which it is based. The applicant shall be notified of the decision in writing as soon as possible and at the same time be informed of the content of Articles 138e and 173 of the Treaty establishing the European Community, which relate to the conditions for referral to the Ombudsman by natural persons and for the review of the legality of ECB acts by the Court of Justice respectively.5. Failure to reply within a month of submitting the confirmatory application shall be equivalent to a rejection.Article 6Replacement of EMI Decision No 9/97Decision No 9/97 of the Council of the EMI shall be replaced by this Decision with immediate effect.Done at Frankfurt am Main, 3 November 1998.The President of the ECBWillem F. DUISENBERG(1) OJ L 90, 25.3.1998, p. 43.(2) 616/PUBAC/F/IJH of 20 December 1996.(3) Addressed to the European Central Bank, Directorate External Relations, Kaiserstraße 29, D-60311 Frankfurt am Main.


title: Council Decision of 20 July 1976 on the conclusion of the Convention between the European Economic Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East

text:
No L 203/40                         Official Journal of the European Communities                          29 . 7. 76
                                                           II
                                       (Acts whose publication 'is not obligatory)
                                                   COUNCIL
                                                COUNCIL DECISION
                                                    of 20 July 1976
             on the conclusion of the Convention between the European Economic Commu
             nity and the United Nations Relief and Works Agency for Palestine Refugees
                 (UNRWA) concerning aid to refugees in the countries of the Near East
                                                      (76/623/EEC)
THE COUNCIL OF THE EUROPEAN                                    Works Agency for Palestine Refugees (UNRWA)
COMMUNITIES,                                                   concerning aid to refugees in the countries of the
                                                               Near East is hereby concluded on behalf of the
Having regard to the Treaty establishing the European          Community.
Economic Community, and in particular Articles 113,
114 and 228 thereof,                                           The text of the Convention is annexed to this Deci
                                                               sion .
Having regard to the recommendation from the
Commission ,
                                                                                Article 2
Whereas the Community wishes to continue its
programme of aid to the Palestine refugees in the              The agreement of the Community under Article V of
countries of the Near East^
                                                               the Convention shall be given by the Commission .
Whereas the Convention ( J ) concerning aid for those
refugees, which was concluded with the United                                        Article 3
Nations Relief and Works Agency for Palestine Refu
gees (UNRWA) on 18 December 1972, expired on 30                The President of the Council is hereby authorized to
June 1975 ;                                                    designate the persons empowered to sign the Conven
Whereas a new Convention should be concluded with              tion and to confer upon them the powers necessary to
UNRWA in order that the aid of the Community can               bind the Community.
continue and can be granted in a comprehensive and
continuous fashion ,
                                                               Done at Brussels, 20 July 1976.
HAS DECIDED AS FOLLOWS :
                                                                                For the Council
                        Article 1
                                                                                The President
The Convention between the European Economic
Community and the United Nations Relief and                                              M. van der STOEL
(') OJ No L 304, 31 . 12. 1972, p. 24.


title: Council Decision of 10 December 1973 concluding the Agreement between the European Economic Community and the Republic of Indonesia on the supply of common wheat as food aid

text:
28 . 1 . 74                      Official Journal of the European Communities                       No L 23/59
                                             COUNCIL DECISION              v
                                              of 10 December 1973
            concluding the Agreement between the European Economic Community and
                the Republic of Indonesia on the supply of common wheat as food aid
                                                   (74/31 /EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113, 114 and 228 thereof ;
            Having regard to the Recommendation from the Commission ;
            Whereas the European Economic Community has deposited a Declaration of provisional
            application of the 1971 Food Aid Convention ; whereas that Convention has been appli
            cable since 1 July 1971 ;
            Whereas the Republic of Indonesia, by its letters of 5 November 1971 and 12 December
            1972, has requested food aid ;
            Whereas in view of the cereal supply situation in Indonesia that country should be
            accorded, by way of gift, 24 000 metric tons of common wheat, whereof 1 7 000 metric
            tons should be accorded under the Community Food Aid Programme (Cereals) for
            1971 /72, and 7 000 metric tons under the 1972/73 programme,
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
            The Agreement between the European Economic Community and the Republic of Indo
            nesia on the supply of common wheat as food aid, the text whereof is annexed hereto, is
            hereby concluded on behalf of the Community.
                                                     Article 2
            The President of the Council is hereby authorized to designate the persons empowered to
            sign the Agreement and to confer on them the necessary powers to bind the Community.
            Done at Brussels, 10 December 1973 .
                                                                       For the Council
                                                                         The President
                                                                        I. N0RGAARD