title: Council Decision (CFSP) 2017/348 of 27 February 2017 extending the mandate of the European Union Special Representative in Kosovo (This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence. )

text:
                  28.2.2017

                  EN

                  Official Journal of the European Union

                  L 50/75

            COUNCIL DECISION (CFSP) 2017/348
      of 27 February 2017
      extending the mandate of the European Union Special Representative in Kosovo (*1)

      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
      Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
      Whereas:

                  (1)

                  On 4 August 2016, the Council adopted Decision (CFSP) 2016/1338 amending Decision (CFSP) 2015/2052 extending the mandate of the European Union Special Representative in Kosovo (1) and appointing Ms Nataliya APOSTOLOVA as the European Union Special Representative (EUSR) in Kosovo. The EUSR's mandate is to expire on 28 February 2017.

                  (2)

                  The EUSR's mandate should be extended for a further period of 16 months.

                  (3)

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

            HAS ADOPTED THIS DECISION:
      Article 1
      European Union Special Representative
      The mandate of Ms Nataliya APOSTOLOVA as the EUSR is extended until 30 June 2018. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
      Article 2
      Policy objectives
      The mandate of the EUSR shall be based on the policy objectives of the Union in Kosovo. These include playing a leading role in promoting a stable, viable, peaceful, democratic and multi-ethnic Kosovo; strengthening stability in the region and contributing to regional cooperation and good neighbourly relations in the Western Balkans; promoting a Kosovo that is committed to the rule of law and to the protection of minorities and of cultural and religious heritage; supporting Kosovo's European perspective and rapprochement with the Union in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (2) (hereinafter ‘the Stabilisation and Association Agreement’) and Council Decision (EU) 2015/1988 (3), and in line with the relevant Council Conclusions.
      Article 3
      Mandate
      In order to achieve the policy objectives, the EUSR's mandate shall be to:

                  (a)

                  offer the Union's advice and support in the political process;

                  (b)

                  promote overall Union political coordination in Kosovo;

                  (c)

                  strengthen the presence of the Union throughout Kosovo and ensure its coherence and effectiveness;

                  (d)

                  provide local political guidance to the Head of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including on the political aspects of issues relating to executive responsibilities;

                  (e)

                  ensure consistency and coherence of Union action in Kosovo, including in guiding locally the EULEX transition for eventual transfer of activities to EUSR/EU Office and/or the local authorities, as appropriate;

                  (f)

                  support Kosovo's European perspective and rapprochement with the Union, in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement and Decision (EU) 2015/1988, and in line with the relevant Council Conclusions, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union, including the work of EULEX;

                  (g)

                  monitor, assist and facilitate, by all the means and instruments at the disposal of the EUSR and with the support of the EU office in Kosovo, progress on political, economic and European priorities, in line with respective institutional competencies and responsibilities, and support the implementation of the Stabilisation and Association Agreement, including through the European Reform Agenda;

                  (h)

                  contribute to the development and consolidation of respect for human rights and fundamental freedoms in Kosovo, including with regard to women and children, and the protection of minorities, in accordance with the Union's human rights policy and Union Guidelines on Human Rights;

                  (i)

                  assist in the implementation of the Belgrade-Pristina dialogue facilitated by the Union;

                  (j)

                  support the mandate of the Specialist Chambers and the Specialist Prosecutor Office, as appropriate, including through communication and outreach.

            Article 4
      Implementation of the mandate
      1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
      2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
      3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments.
      Article 5
      Financing
      1.   The financial reference amount intended to cover the expenditure related to the EUSR's mandate for the period from 1 March 2017 to 30 June 2018 shall be EUR 3 615 000.
      2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. Participation of natural and legal persons in the award of procurement contracts by the EUSR shall be open without limitations. Furthermore, no rule of origin for the goods purchased by the EUSR shall apply.
      3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
      Article 6
      Constitution and composition of the team
      1.   A dedicated staff shall be assigned to assist the EUSR to implement the EUSR's mandate and to contribute to the coherence, visibility and effectiveness of Union action in Kosovo overall. Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
      2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the sending Member State, the sending institution of the Union or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. International contracted staff shall have the nationality of a Member State.
      3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS, respectively, and shall carry out their duties and act in the interests of the EUSR's mandate.
      Article 7
      Privileges and immunities of the EUSR and the EUSR's staff
      The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the EUSR's mission and the members of the EUSR's staff shall be agreed with the host parties, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
      Article 8
      Security of EU classified information
      1.   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (4).
      2.   The HR shall be authorised to release to NATO/KFOR EU classified information and documents up to the level ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ generated for the purposes of the action, in accordance with the security rules for protecting EU classified information.
      3.   The HR shall be authorised to release to the United Nations (UN) and the Organisation for Security and Cooperation in Europe (OSCE), in accordance with the operational needs of the EUSR, EU classified information and documents up to the level ‘RESTREINT UE/EU RESTRICTED’ which are generated for the purposes of the action, in accordance with the security rules for protecting EU classified information. Local arrangements shall be drawn up for this purpose.
      4.   The HR shall be authorised to release to third parties associated with this Decision EU non-classified documents related to the deliberations of the Council with regard to the action covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure.
      Article 9
      Access to information and logistical support
      1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
      2.   The Union delegation and/or the Member States, as appropriate, shall provide logistical support in the region.
      Article 10
      Security
      In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR's mandate and on the basis of the security situation in the area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

                  (a)

                  establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures governing the management of the secure movement of personnel to, and within, the area of responsibility, as well as the management of security incidents and including a contingency plan and evacuation plan;

                  (b)

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

                  (c)

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

                  (d)

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

            Article 11
      Reporting
      The EUSR shall regularly provide the HR with oral and written reports. The EUSR shall report regularly to the PSC. The EUSR shall also report to Council working parties as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
      Article 12
      Coordination
      1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, as appropriate. The EUSR shall provide regular briefings to Member States' missions and the Union delegations.
      2.   In the field, close liaison shall be maintained with the relevant Heads of Member States' Missions and the Heads of the Union delegations in the region. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall provide local political guidance to the Head of the EULEX KOSOVO, including on the political aspects of issues relating to executive responsibilities. The EUSR and the Civilian Operations Commander shall consult each other as required.
      3.   The EUSR shall also liaise with relevant local bodies and other international and regional actors in the field.
      4.   The EUSR, with other Union actors present in the field, shall ensure the dissemination and sharing of information among Union actors in theatre with a view to achieving a high degree of common situation awareness and assessment.
      Article 13
      Assistance in relation to claims
      The EUSR and the EUSR's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in Kosovo, and shall provide administrative assistance and access to relevant files for such purposes.
      Article 14
      Review
      The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by 30 September 2017 and a comprehensive mandate implementation report by 31 March 2018.
      Article 15
      Entry into force
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 27 February 2017.

               For the Council

               The President

            K. MIZZI

         (*1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence.

         (1)  OJ L 212, 5.8.2016, p. 109.

         (2)  OJ L 71, 16.3.2016, p. 3.

         (3)  Council Decision (EU) 2015/1988 of 22 October 2015 on the signing, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (OJ L 290, 6.11.2015, p. 4).

         (4)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


Avis juridique important

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32000D0106

2000/106/EC: Council Decision of 31 January 2000 appointing a German member of the Committee of the Regions

Official Journal L 033 , 08/02/2000 P. 0014 - 0014

COUNCIL DECISIONof 31 January 2000appointing a German member of the Committee of the Regions(2000/106/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing members and alternate members of the Committee of the Regions,Whereas a seat as a member of the Committee has become vacant following the resignation of Mr Günter Meyer, member, notified to the Council on 17 November 1999;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Stanislaw Tillich is hereby appointed a member of the Committee of the Regions in place of Mr Günter Meyer for the remainder of his term of office, which expires on 25 January 2002.Done at Brussels, 31 January 2000.For the CouncilThe PresidentJ. PINA MOURA(1) OJ L 28, 4.2.1998, p. 19.


title: Council Decision (EU) 2016/374 of 14 March 2016 amending Decision No 529/2013/EU of the European Parliament and of the Council to include reference levels for forest management, minimum values for the definition of forest and base year of emissions for the Republic of Croatia

text:
               16.3.2016

               EN

               Official Journal of the European Union

               L 70/20

         COUNCIL DECISION (EU) 2016/374
   of 14 March 2016
   amending Decision No 529/2013/EU of the European Parliament and of the Council to include reference levels for forest management, minimum values for the definition of forest and base year of emissions for the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Act of Accession of the Republic of Croatia and in particular Article 50 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the Council, acting by qualified majority on a proposal from the Commission, shall, to that end, adopt the necessary acts if the original act was not adopted by the Commission.

               (2)

               Decision No 529/2013/EU of the European Parliament and of the Council (1) sets Member State reference levels for forest management, minimum values for the definition of forest and the base year or period of emissions in Annexes II, V and VI, respectively.

               (3)

               Following the accession of the Republic of Croatia to the European Union on 1 July 2013, the specific reference level, values for the definition of forest and base year for Croatia should also be included in Annexes II, V and VI to Decision No 529/2013/EU, respectively.

               (4)

               Decision No 529/2013/EU should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision No 529/2013/EU is amended as follows:

               (1)

               in Annex II, the following is inserted after the entry for Bulgaria:

                           ‘Croatia

                           – 6 289 ’;

               (2)

               in Annex V, the following is inserted for area (ha), tree crown cover (%) and tree height (m), respectively, after the entry for Bulgaria:

                           ‘Croatia

                           0,1

                           10

                           2’;

               (3)

               in Annex VI, the following is inserted after the entry for Bulgaria:

                           ‘Croatia

                           1990’.

         Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 14 March 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  Decision No 529/2013/EU of the European Parliament and of the Council of 21 May 2013 on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities (OJ L 165, 18.6.2013, p. 80).


title: 2012/214/EU: Council Decision of 24 April 2012 appointing a German alternate member of the Committee of the Regions

text:
               26.4.2012

               EN

               Official Journal of the European Union

               L 114/17

         COUNCIL DECISION
   of 24 April 2012
   appointing a German alternate member of the Committee of the Regions
   (2012/214/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Heino VAHLDIECK,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Heiko HECHT, Mitglied des Europa-ausschusses der Hamburgischen Bürgerschaft.

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

      Done at Luxembourg, 24 April 2012.

            For the Council

            The President

         N. WAMMEN

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

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31992D0577

92/577/EEC: Council Decision of 27 November 1992 concerning the conclusion of the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail

Official Journal L 373 , 21/12/1992 P. 0004 - 0005

COUNCIL DECISION of 27 November 1992 concerning the conclusion of the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail (92/577/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail can provide a solution to the various current problems of trans-Alpine goods traffic; whereas it is necessary to ensure  the non-discriminatory development of transit so as to enable international trade to be conducted at the least possible cost to the public at large and to reduce to a minimum the administrative and technical obstacles which affect transit;  Whereas these objectives must, at the same time, take account of respect for users' freedom of choice and aspects relating to road safety, protection of public health and the environment in Alpine regions;  Whereas the objectives and the content of the Agreement fall within the scope of the common transport policy and the technical standards play their part in attaining these objectives;  Whereas it is appropriate to lay down a procedure with a view to approving the administrative agreement provided for by the Agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community and the Republic of Austria on the transit of goods by road and rail is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 24 of the Agreement (3).  Article 3  The administrative agreement provided for in Article 24 (4) of the Agreement shall be approved in accordance with the procedure laid down in Article 4 of this Decision.  Article 4  The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the Commission representative.  Official Journal of the European Communities No L 373/5 21. 12. 92 The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  Commission shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt the provisions envisaged if they are in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period of four weeks from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.  Article 5  The Commission shall adopt the necessary measures for implementing the administrative agreement referred to in Article 3 in accordance with the procedure laid down in Article 4.  Done at Brussels, 27 November 1992.  For the Council The President J. PATTEN (1) OJ No C 305, 23. 11. 1992.(2) OJ No C 313, 30. 11. 1992, p. 16.(3) See p. 25 of this Official Journal.


title: 2013/60/EU: Council Decision of 22 January 2013 appointing two Austrian alternate members of the Committee of the Regions

text:
               25.1.2013

               EN

               Official Journal of the European Union

               L 22/22

         COUNCIL DECISION
   of 22 January 2013
   appointing two Austrian alternate members of the Committee of the Regions
   (2013/60/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposals from the Austrian Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Achill RUMPOLD and Ms Bernadette MENNEL,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions as alternate members for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Wolfgang WALDNER, Landesrat beim Amt der Kärntner Landesregierung,

               —

               Dr Gabriele NUSSΒAUMER, Landtagspräsidentin.

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

      Done at Brussels, 22 January 2013.

            For the Council

            The President

         M. NOONAN

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya

text:
               3.3.2011

               EN

               Official Journal of the European Union

               L 58/53

         COUNCIL DECISION 2011/137/CFSP
   of 28 February 2011
   concerning restrictive measures in view of the situation in Libya
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 23 February 2011, the European Union expressed its grave concern regarding the situation unfolding in Libya. The EU strongly condemned the violence and use of force against civilians and deplored the repression against peaceful demonstrators.

               (2)

               The EU reiterated its call for an immediate end to the use of force and for steps to address the legitimate demands of the population.

               (3)

               On 26 February 2011, the United Nations Security Council (‘the Security Council’) adopted Resolution 1970 (‘UNSCR 1970 (2011)’) which introduced restrictive measures against Libya and against persons and entities involved in serious human rights abuses against persons in Libya, including by being involved in attacks, in violation of international law, on civilian populations and facilities.

               (4)

               In view of the seriousness of the situation in Libya, the EU considers it necessary to impose additional restrictive measures.

               (5)

               In addition, further Union action is needed in order to implement certain measures.

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The direct or indirect supply, sale or transfer of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Libya by nationals of Member States or from or through the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
   2.   It shall be prohibited to:

               (a)

               provide, directly or indirectly, technical assistance, training or other assistance, including the provision of armed mercenary personnel, related to military activities or to the provision, maintenance and use of items referred to in paragraph 1, to any natural or legal person, entity or body in, or for use in, Libya;

               (b)

               provide, directly or indirectly, financial assistance related to military activities or to the provision, maintenance and use of items referred to in paragraph 1, to any natural or legal person, entity or body in, or for use in, Libya;

               (c)

               participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).

         Article 2
   1.   Article 1 shall not apply to:

               (a)

               the supply, sale or transfer of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use;

               (b)

               other supply, sale or transfer of arms and related material;

               (c)

               the provision of technical assistance, training or other assistance, including personnel, related to such equipment;

               (d)

               the provision of financial assistance related to such equipment;

         as approved in advance, where appropriate, by the Committee established pursuant to paragraph 24 of UNSCR 1970 (2011) (‘the Committee’):
   2.   Article 1 shall not apply to the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Libya by UN personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
   Article 3
   The procurement by nationals of Member States, either using their flag vessels or aircraft, of the items referred to in Article 1(1) from Libya shall be prohibited, whether or not originating in the territory of Libya.
   Article 4
   1.   Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from Libya, in their territory, including their seaports and airports, if they have information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited under this Decision.
   2.   Member States shall, upon discovery, seize and dispose of (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items whose supply, sale, transfer or export is prohibited under this Decision.
   3.   Member States shall cooperate, in accordance with their national legislation, with inspections and disposals undertaken pursuant to paragraphs 1 and 2.
   4.   Aircrafts and vessels transporting cargo to and from Libya shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.
   Article 5
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

               (a)

               persons listed in Annex I to UNSCR 1970 (2011), and additional persons designated by the Security Council or by the Committee in accordance with paragraph 22 of UNSCR 1970 (2011), as listed in Annex I;

               (b)

               persons not covered by Annex I involved in or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against persons in Libya, including by being involved in or complicit in planning, commanding, ordering or conducting attacks, in violation of international law, including aerial bombardments, on civilian populations and facilities, or acting for or on their behalf or at their direction, as listed in Annex II.

         2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1(a) shall not apply where the Committee determines that:

               (a)

               travel is justified on the grounds of humanitarian need, including religious obligation; or

               (b)

               an exemption would further the objectives of peace and national reconciliation in Libya and stability in the region;

         4.   Paragraph 1(a) shall not apply where:

               (a)

               entry or transit is necessary for the fulfilment of a judicial process; or

               (b)

               a Member State determines on a case-by-case basis that such entry or transit is required to advance peace and stability in Libya and the Member State subsequently notifies the Committee within forty-eight hours after making such a determination.

         5.   Paragraph 1(b) shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

               (a)

               as a host country to an international intergovernmental organisation;

               (b)

               as a host country to an international conference convened by, or under the auspices of, the UN;

               (c)

               under a multilateral agreement conferring privileges and immunities; or

               (d)

               under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

         6.   Paragraph 5 shall be considered as applying also in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).
   7.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 5 or 6.
   8.   Member States may grant exemptions from the measures imposed under paragraph 1(b) where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Libya.
   9.   A Member State wishing to grant exemptions referred to in paragraph 8 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more Council members raise an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   10.   In cases where, pursuant to paragraphs 5, 6, and 8, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 6
   1.   All funds, other financial assets and economic resources, owned or controlled, directly or indirectly, by:

               (a)

               persons and entities listed in Annex II to UNSCR 1970 (2011), and additional persons and entities designated by the Security Council or by the Committee in accordance with paragraph 22 of UNSCR 1970 (2011), or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, as listed in Annex III;

               (b)

               persons and entities not covered by Annex III involved in or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against persons in Libya, including by being involved in or complicit in planning, commanding, ordering or conducting attacks, in violation of international law, including aerial bombardments, on civilian populations and facilities, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, as listed in Annex IV,

         shall be frozen.
   2.   No funds, other financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of, natural or legal persons or entities referred to in paragraph 1.
   3.   Exemptions may be made for funds, financial assets and economic resources which are:

               (a)

               necessary for basic expenses, including payment of foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws; or

               (c)

               intended exclusively for payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assistance and economic resources;

         after notification by the Member State concerned to the Committee, where appropriate, of the intention to authorise access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification.
   4.   Exemptions may also be made for funds and economic resources which are:

               (a)

               necessary for extraordinary expenses, after notification by the Member State concerned to the Committee, where appropriate, and approval by the Committee; or

               (b)

               the subject of a judicial, administrative or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement was entered before the date of adoption of UNSCR 1970 (2011), and is not for the benefit of a person or entity referred to in paragraph 1, after notification by the Member State concerned to the Committee, where appropriate;

         5.   Paragraph 1 shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 and after notification by the relevant Member State to the Committee, where appropriate, of the intention to make or receive such payments or to authorise the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorisation.
   6.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings due on those accounts; or

               (b)

               payments due under contracts, agreements or obligations that arose before the date on which those accounts became subject to restrictive measures;

         provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
   Article 7
   No claims, including for compensation or any other claim of this kind, such as a claim of set-off or a claim under a guarantee, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures decided upon pursuant to UNSCR 1970 (2011), including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation of the relevant decisions of the Security Council or measures covered by this Decision, shall be granted to the designated persons or entities listed in Annexes I, II, III or IV, or any other person or entity in Libya, including the Government of Libya, or any person or entity claiming through or for the benefit of any such person or entity.
   Article 8
   1.   The Council shall implement modifications to Annexes I and III on the basis of the determinations made by the Security Council or by the Committee.
   2.   The Council, acting on a proposal from Member States or from the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the lists in Annexes II and IV and adopt modifications thereto.
   Article 9
   1.   Where the Security Council or the Committee lists a person or entity, the Council shall include such person or entity in Annexes I or III.
   2.   Where the Council decides to subject a person or entity to the measures referred to in Articles 5(1)(b) and 6(1)(b), it shall amend Annexes II and IV accordingly.
   3.   The Council shall communicate its decision to the person or entity referred to in paragraphs 1 and 2, including the grounds for listing, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations.
   4.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.
   Article 10
   1.   Annexes I, II, III and IV shall include the grounds for listing of listed persons and entities concerned, as provided by the Security Council or by the Committee with regard to Annexes I and III.
   2.   Annexes I, II, III and IV shall also contain, where available, the information necessary to identify the persons or entities concerned, as provided by the Security Council or by the Committee with regard to Annexes I and III. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annexes I and III shall also include the date of designation by the Security Council or by the Committee.
   Article 11
   In order to maximise the impact of the measures laid down in this Decision , the Union shall encourage third States to adopt similar restrictive measures.
   Article 12
   1.   This Decision shall be reviewed, amended or repealed as appropriate, notably in the light of relevant decisions by the Security Council.
   2.   The measures referred to in Articles 5(1)(b) and 6(1)(b) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred in Article 8(2), that the conditions for their application are no longer met.
   Article 13
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 28 February 2011.

            For the Council

            The President

         FELLEGI T.

      ANNEX I

         List of persons referred to in Articles 5(1)(a)

                  1

                     AL-BAGHDADI, Dr Abdulqader Mohammed

                  Passport number: B010574. Date of birth: 01.07.1950.
                  Head of the Liaison Office of the Revolutionary Committees. Revolutionary Committees involved in violence against demonstrators.
                  Date of UN designation: 26.2.2011.

                  2.

                     DIBRI, Abdulqader Yusef

                  Date of birth: 1946. Place of birth: Houn, Libya.
                  Head of Muammar QADHAFI's personal security. Responsibility for regime security. History of directing violence against dissidents.
                  Date of UN designation: 26.2.2011.

                  3.

                     DORDA, Abu Zayd Umar

                  Director, External Security Organisation. Regime loyalist. Head of external intelligence agency.
                  Date of UN designation: 26.2.2011.

                  4.

                     JABIR, Major General Abu Bakr Yunis

                  Date of birth: 1952. Place of birth: Jalo, Libya.
                  Defence Minister. Overall responsibility for actions of armed forces.
                  Date of UN designation: 26.2.2011.

                  5.

                     MATUQ, Matuq Mohammed

                  Date of birth: 1956. Place of birth: Khoms.
                  Secretary for Utilities. Senior member of regime. Involvement with Revolutionary Committees. Past history of involvement in suppression of dissent and violence.
                  Date of UN designation: 26.2.2011.

                  6.

                     QADHAF AL-DAM, Sayyid Mohammed

                  Date of birth:1948. Place of birth: Sirte, Libya.
                  Cousin of Muammar QADHAFI. In the 1980s, Sayyid was involved in the dissident assassination campaign and allegedly responsible for several deaths in Europe. He is also thought to have been involved in arms procurement.
                  Date of UN designation: 26.2.2011.

                  7.

                     QADHAFI, Aisha Muammar

                  Date of birth: 1978. Place of birth: Tripoli, Libya.
                  Daughter of Muammar QADHAFI. Closeness of association with regime.
                  Date of UN designation: 26.2.2011.

                  8.

                     QADHAFI, Hannibal Muammar

                  Passport number: B/002210. Date of birth: 20.09.1975. Place of birth: Tripoli, Libya.
                  Son of Muammar QADHAFI. Closeness of association with regime.
                  Date of UN designation: 26.2.2011.

                  9.

                     QADHAFI, Khamis Muammar

                  Date of birth: 1978. Place of birth: Tripoli, Libya.
                  Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in repression of demonstrations.
                  Date of UN designation: 26.2.2011.

                  10.

                     QADHAFI, Mohammed Muammar

                  Date of birth: 1970. Place of birth: Tripoli, Libya.
                  Son of Muammar QADHAFI. Closeness of association with regime.
                  Date of UN designation: 26.2.2011.

                  11.

                     QADHAFI, Muammar Mohammed Abu Minyar

                  Date of birth: 1942. Place of birth: Sirte, Libya.
                  Leader of the Revolution, Supreme Commander of Armed Forces. Responsibility for ordering repression of demonstrations, human rights abuses.
                  Date of UN designation: 26.2.2011.

                  12.

                     QADHAFI, Mutassim

                  Date of birth: 1976. Place of birth: Tripoli, Libya.
                  National Security Adviser. Son of Muammar QADHAFI. Closeness of association with regime.
                  Date of UN designation: 26.2.2011.

                  13.

                     QADHAFI, Saadi

                  Passport number: 014797. Date of birth: 25.05.1973. Place of birth: Tripoli, Libya.
                  Commander Special Forces. Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in repression of demonstrations.
                  Date of UN designation: 26.2.2011.

                  14.

                     QADHAFI, Saif al-Arab

                  Date of birth: 1982. Place of birth: Tripoli, Libya.
                  Son of Muammar QADHAFI. Closeness of association with regime.
                  Date of UN designation: 26.2.2011.

                  15.

                     QADHAFI, Saif al-Islam

                  Passport number: B014995. Date of birth: 25.06.1972. Place of birth: Tripoli, Libya.
                  Director, Qadhafi Foundation. Son of Muammar QADHAFI. Closeness of association with regime. Inflammatory public statements encouraging violence against demonstrators.
                  Date of UN designation: 26.2.2011.

                  16.

                     AL-SENUSSI, Colonel Abdullah

                  Date of birth: 1949. Place of birth: Sudan.
                  Director Military Intelligence. Military Intelligence involvement in suppression of demonstrations. Past history includes suspicion of involvement in Abu Selim prison massacre. Convicted in absentia for bombing of UTA flight. Brother-in-law of Muammar QADHAFI.
                  Date of UN designation: 26.2.2011.

      ANNEX II

         List of persons referred to in Articles 5(1)(b)

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  ABDULHAFIZ, Colonel Mas’ud

                  Position: Armed Forces Commander

                  3rd in command of Armed Forces. Significant role in Military Intelligence.

                  28.2.2011

                  2.

                  ABDUSSALAM, Abdussalam Mohammed

                  Position: Head Counter-Terrorism, External Security Organisation
                  Date of Birth: 1952
                  Place of Birth: Tripoli, Libya

                  Prominent Revolutionary Committee member. Close associate of Muammar QADHAFI.

                  28.2.2011

                  3.

                  ABU SHAARIYA

                  Position: Deputy Head, External Security Organisation

                  Prominent member of regime. Brother-in-law of Muammar QADHAFI.

                  28.2.2011

                  4.

                  ASHKAL, Al-Barrani

                  Position: Deputy Director, Military Intelligence

                  Senior member of regime.

                  28.2.2011

                  5.

                  ASHKAL, Omar

                  Position: Head, Revolutionary Committees Movement
                  Place of Birth: Sirte, Libya

                  Revolutionary Committees involved in violence against demonstrators.

                  28.2.2011

                  6.

                  QADHAF AL-DAM, Ahmed Mohammed

                  Date of Birth: 1952
                  Place of Birth: Egypt

                  Cousin of Muammar QADHAFI. Since 1995, he is believed to have had command of an elite army battalion in charge of Qadhafi's personal security and to have a key role in External Security Organisation. He has been involved in planning operations against Libyan dissidents abroad and was directly involved in terrorist activity.

                  28.2.2011

                  7.

                  AL-BARASSI, Safia Farkash

                  Date of birth: 1952
                  Place of birth: Al Bayda, Libya

                  Wife of Muammar QADHAFI.
                  Closeness of association with regime.

                  28.2.2011

                  8.

                  SALEH, Bachir

                  Date of birth: 1946
                  Place of birth: Traghen

                  Head of Cabinet of the Leader.
                  Closeness of association with regime.

                  28.2.2011

                  9.

                  General TOHAMI, Khaled

                  Date of birth: 1946
                  Place of birth: Genzur

                  Director of Internal Security Office.
                  Closeness of association with regime.

                  28.2.2011

                  10.

                  FARKASH, Mohammed Boucharaya

                  Date of birth: 1 July 1949
                  Place of birth: Al-Bayda

                  Director of intelligence in External Security Office.
                  Closeness of association with regime.

                  28.2.2011

      ANNEX III

         List of persons and entities referred to in Articles 6(1)(a)

                  1.

                     QADHAFI, Aisha Muammar

                  Date of birth: 1978. Place of birth: Tripoli, Libya.
                  Daughter of Muammar QADHAFI. Closeness of association with regime.
                  Date of UN designation: 26.2.2011.

                  2.

                     QADHAFI, Hannibal Muammar

                  Passport number: B/002210. Date of birth: 20.9.1975. Place of birth: Tripoli, Libya.
                  Son of Muammar QADHAFI. Closeness of association with regime.
                  Date of UN designation: 26.2.2011.

                  3.

                     QADHAFI, Khamis Muammar

                  Date of birth: 1978. Place of birth: Tripoli, Libya.
                  Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in repression of demonstrations.
                  Date of UN designation: 26.2.2011.

                  4.

                     QADHAFI, Muammar Mohammed Abu Minyar

                  Date of birth: 1942. Place of birth: Sirte, Libya.
                  Leader of the Revolution, Supreme Commander of Armed Forces. Responsibility for ordering repression of demonstrations, human rights abuses.
                  Date of UN designation: 26.2.2011.

                  5.

                     QADHAFI, Mutassim

                  Date of birth: 1976. Place of birth: Tripoli, Libya.
                  National Security Adviser. Son of Muammar QADHAFI. Closeness of association with regime.
                  Date of UN designation: 26.2.2011.

                  6.

                     QADHAFI, Saif al-Islam

                  Director, Qadhafi Foundation. Passport number: B014995. Date of birth: 25.6.1972. Place of birth: Tripoli, Libya.
                  Son of Muammar QADHAFI. Closeness of association with regime. Inflammatory public statements encouraging violence against demonstrators.
                  Date of UN designation: 26.2.2011.

      ANNEX IV

         List of persons and entities referred to in Articles 6(1)(b)

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  ABDULHAFIZ, Colonel Mas'ud

                  Position: Armed Forces Commander

                  3rd in command of Armed Forces. Significant role in Military Intelligence.

                  28.2.2011

                  2.

                  ABDUSSALAM, Abdussalam Mohammed

                  Position: Head Counter-Terrorism, External Security Organisation
                  Date of Birth: 1952
                  Place of Birth: Tripoli, Libya

                  Prominent Revolutionary Committee member. Close associate of Muammar QADHAFI.

                  28.2.2011

                  3.

                  ABU SHAARIYA

                  Position: Deputy Head, External Security Organisation

                  Prominent member of regime. Brother-in-law of Muammar QADHAFI.

                  28.2.2011

                  4.

                  ASHKAL, Al-Barrani

                  Position: Deputy Director, Military Intelligence

                  Senior member of regime.

                  28.2.2011

                  5.

                  ASHKAL, Omar

                  Position: Head, Revolutionary Committees Movement
                  Place of Birth: Sirte, Libya

                  Revolutionary Committees involved in violence against demonstrators.

                  28.2.2011

                  6.

                  AL-BAGHDADI, Dr Abdulqader Mohammed

                  Position: Head of the Liaison Office of the Revolutionary Committees
                  Passsport No: B010574
                  Date of Birth: 01/07/1950

                  Revolutionary Committees involved in violence against demonstrators.

                  28.2.2011

                  7.

                  DIBRI, Abdulqader Yusef

                  Position: Head of Muammar QADHAFI's personal security
                  Date of Birth: 1946
                  Place of Birth: Houn, Libya

                  Responsibility for regime security. History of directing violence against dissidents.

                  28.2.2011

                  8.

                  DORDA, Abu Zayd Umar

                  Position: Director, External Security Organisation

                  Regime loyalist. Head of external intelligence agency.

                  28.2.2011

                  9.

                  JABIR, Major General Abu Bakr Yunis

                  Position: Defence Minister
                  Date of Birth: 1952
                  Place of Birth: Jalo, Libya

                  Overall responsibility for actions of armed forces.

                  28.2.2011

                  10.

                  MATUQ, Matuq Mohammed

                  Position: Secretary for Utilities
                  Date of Birth: 1956
                  Place of Birth: Khoms

                  Senior member of regime. Involvement with Revolutionay Committees. Past history of involvement in suppression of dissent and violence.

                  28.2.2011

                  11.

                  QADHAF AL-DAM, Ahmed Mohammed

                  Date of Birth: 1952
                  Place of Birth: Egypt

                  Cousin of Muammar QADHAFI. Since 1995, he is believed to have had command of an elite army battalion in charge of Qadhafi's personal security and to have a key role in External Security Organisation. He has been involved in planning operations against Libyan dissidents abroad and was directly involved in terrorist activity.

                  28.2.2011

                  12.

                  QADHAF AL-DAM, Sayyid Mohammed

                  Date of Birth: 1948
                  Place of Birth: Sirte, Libya

                  Cousin of Muammar QADHAFI. In the 1980s, Sayyid was involved in the dissident assassination campaign and allegedly responsible for several deaths in Europe. He is also thought to have been involved in arms procurement.

                  28.2.2011

                  13.

                  QADHAFI, Mohammed Muammar

                  Position: Chairman of Libya's General Post and Telecommunications Company
                  Date of Birth: 1970
                  Place of Birth: Tripoli, Libya

                  Son of Muammar QADHAFI. Closeness of association with regime.

                  28.2.2011

                  14.

                  QADHAFI, Saadi

                              Position: Commander Special Forces

                              Passport No. 014797

                              Date of Birth: 25/05/1973

                              Place of Birth: Tripoli, Libya

                  Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in repression of demonstrations.

                  28.2.2011

                  15.

                  QADHAFI, Saif al-Arab

                  Date of Birth: 1982
                  Place of Birth: Tripoli, Libya

                  Son of Muammar QADHAFI. Closeness of association with regime.

                  28.2.2011

                  16.

                  AL-SENUSSI, Colonel Abdullah (Al-Megrahi)

                  Position: Director Military Intelligence
                  Date of Birth: 1949
                  Place of Birth: Sudan

                  Military Intelligence involvement in suppression of demonstrations. Past history includes suspicion of involvement in Abu Selim prison massacre. Convicted in absentia for bomboing of UTA flight. Brother -in-law of Muammar QADHAFI.

                  28.2.2011

                  17.

                  AL-BARASSI, Safia Farkash

                  Date of birth: 1952
                  Place of birth: Al Bayda, Libya

                  Wife of Muammar QADHAFI.
                  Closeness of association with regime.

                  28.2.2011

                  18.

                  SALEH, Bachir

                  Date of birth: 1946
                  Place of birth: Traghen

                  Head of Cabinet of the Leader.
                  Closeness of association with regime.

                  28.2.2011

                  19.

                  General TOHAMI, Khaled

                  Date of birth: 1946
                  Place of birth: Genzur

                  Director of Internal Security Office.
                  Closeness of association with regime.

                  28.2.2011

                  20.

                  FARKASH, Mohammed Boucharaya

                  Date of birth: 1 July 1949
                  Place of birth: Al-Bayda

                  Director of intelligence in External Security Office.
                  Closeness of association with regime.

                  28.2.2011


Avis juridique important

|

31995D0586

95/586/EC: Council Decision of 22 December 1995 concerning the conclusion of the Agreement constituted in the form of an agreed minute, an exchange of letters, an exchange of notes and the Annexes thereto between the European Community and Canada on fisheries in the context of the NAFO Convention

Official Journal L 327 , 30/12/1995 P. 0035 - 0045

COUNCIL DECISION of 22 December 1995 concerning the conclusion of the Agreement constituted in the form of an agreed minute, an exchange of letters, an exchange of notes and the Annexes thereto between the European Community and Canada on fisheries in the context of the NAFO Convention (95/586/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43 in conjunction with Article 228 (3), first subparagraph thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the European Community and Canada are committed to enhanced cooperation in the conservation and rational management of fish stocks, in particular in the framework of the Northwest Atlantic Fisheries Organization (NAFO);Whereas, with a view to increasing cooperation in that field, the European Community and Canada have agreed to collaborate further on management arrangements for species covered by the NAFO Convention, and in particular for Greenland halibut;Whereas their Agreement is reflected in the Agreement constituted in the form of an agreed minute, an exchange of letters, an exchange of notes and the Annexes thereto between the European Community and Canada on fisheries in the context of the NAFO Convention, which was signed on 20 April 1995;Whereas it is in the Community's interest to approve the said Agreement,HAS DECIDED AS FOLLOWS:Article 1The Agreement constituted in the form of an agreed minute, an exchange of letters, an exchange of notes and the Annexes thereto between the European Community and Canada on fisheries in the context of the NAFO Convention is approved.The text of the acts referred to in the first paragraph are attached to this Decision.Article 2The Council agrees hereby to conclude the Agreement on behalf of the Community (3).This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 22 December 1995.For the CouncilThe PresidentL. ATIENZA SERNA(1) OJ No C 239, 14. 9. 1995, p. 8.(2) Opinion delivered on 15 December 1995 (not yet published in the Official Journal).(3) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


Avis juridique important

|

41999D0628

1999/628/EC, ECSC, Euratom: Decision of the Representatives of the Governments of the Member States of 15 September 1999 appointing a judge to the Court of Justice of the European Communities

Official Journal L 248 , 21/09/1999 P. 0032 - 0032

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATESof 15 September 1999appointing a judge to the Court of Justice of the European Communities(1999/628/EC, ECSC, Euratom)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32b thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,Whereas pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice of the European Communities and to the corresponding provisions of the Protocols on the Statutes of the Court of Justice, of the European Coal and Steel Community and of the European Atomic Energy Community and as a consequence of the resignation of Mr John MURRAY, a judge should be appointed for the remaining period of Mr John MURRAY's term of office,HAS DECIDED AS FOLLOWS:Article 1Ms Fidelma MACKEN is hereby appointed judge to the Court of Justice of the European Communities from the date of her swearing in up to and including 6 October 2003.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 15 September 1999.The PresidentA. SATULI


title: 86/501/EEC: Council Decision of 8 April concerning the conclusion of the Agreement between the European Economic Community and the Republic of Korea on trade in textile products

text:
No L 293 / 50                           Official Journal of the European Communities                                             16 . 10 . 86
                                                    COUNCIL DECISION
                                                        of 8 April 1986
                 concerning the conclusion of the Agreement between the European Economic Community and
                                      the Republic of Korea on trade in textile products
                                                        ( 86 / 501 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             Community and the Republic of Korea on trade in textile
                                                                      products is hereby approved on behalf of the Community .
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113                    The text of the Agreement is attached to this Decision .
thereof,
Having    regard   to   the   recommendation      from    the
                                                                                Article 2
Commission ,
Whereas the Agreement on trade in textile products                    The President of the Council shall give the notification
negotiated between the European Economic Community                    provided for in Article 18 of the Agreement ( 1 ).
and the Republic of Korea should be approved ,
HAS DECIDED AS FOLLOWS :                                              Done at Luxembourg , 8 April 1986 .
                                                                                For the Council
                          Article 1
                                                                                The President
The    Agreement     between    the  European      Economic                                                 G. M. V. van AARDENNE
                                                                      ( 1 ) The date of entry into force of the Agreement will be published in
                                                                            the Official Journal of the European Communities by the
                                                                            General-Secretariat of the Council .


title: Council Decision of 26 June 2017 renewing the Governing Board of the European Centre for the Development of Vocational Training

text:
               28.6.2017

               EN

               Official Journal of the European Union

               C 204/2

         COUNCIL DECISION
   of 26 June 2017
   renewing the Governing Board of the European Centre for the Development of Vocational Training
   (2017/C 204/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Danish Government,
   Whereas:

               (1)

               By its Decisions of 14 July 2015 (2) and of 14 September 2015 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018.

               (2)

               A member's seat is available for Denmark on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr Lars MORTENSEN.

               (3)

               The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2018,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
   GOVERNMENT REPRESENTATIVES:

               DENMARK

               Ms Lise Lotte TOFT

         Article 2
   This Decision shall be published, for information, in the Official Journal of the European Union.

      Done at Luxembourg, 26 June 2017.

            For the Council

            The President

         J. MIZZI

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 232, 16.7.2015, p. 2.

      (3)  OJ C 305, 16.9.2015, p. 2.


title: 2006/538/EC,Euratom: Council and Commission Decision of 24 January 2006 on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part (PCA), on accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the PCA and on adjustments to the PCA

text:
               16.8.2006

               EN

               Official Journal of the European Union

               L 224/21

      COUNCIL AND COMMISSION DECISION

   of 24 January 2006
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part (PCA), on accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the PCA and on adjustments to the PCA
   (2006/538/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the 2003 Treaty of Accession, and in particular Article 2(3) thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part (PCA), on accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the PCA and on adjustments to the PCA, was signed on behalf of the European Community and the Member States on 29 April 2004 in accordance with Council Decision 2006/537/EC (2).

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis from the date of accession.

               (3)

               The Protocol should be approved,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part (PCA), on accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the PCA and on adjustments to the PCA is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is attached to this Decision (3).
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 4 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Brussels, 24 January 2006.

            For the Council

            The President

         K.-H. GRASSER

            For the Commission

            The President

         J. M. BARROSO

      (1)  OJ C 174 E, 14.7.2005, p. 45.

      (2)  See page 15 of this Official Journal.

      (3)  See page 16 of this Official Journal.


Avis juridique important

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31991D0612

91/612/EEC: Council Decision of 28 October 1991 concerning the conclusion of an Agreement between the European Economic Community and the Republic of Finland establishing cooperation in the field of education and training within the framework of the Erasmus programme

Official Journal L 332 , 03/12/1991 P. 0011 - 0011

COUNCIL DECISION of 28 October 1991 concerning the conclusion of an Agreement between the European  Economic Community and the Republic of Finland establishing cooperation in the field of education  and training within the framework of the Erasmus programme (91/612/EEC)THE COUNCIL  OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas by Decision 87/327/EEC (3) as amended by Decision 89/663/EEC (4), the Council adopted the  European Community Action Scheme for the Mobility of University Students (Erasmus); Whereas on 5 November 1990, the Council authorized the Commission to negotiate with the EFTA  countries and Liechtenstein, in accordance with specific negotiating Directives, bilateral  agreements having as their objective cooperation in the field of education and training within the  framework of the Erasmus programme; Whereas a Cooperation Agreement between the European Economic Community and the Republic of Finland  by its nature enriches the impact of the Erasmus programme so as to develop inter-university  cooperation and to strengthen the skill levels of human resources in Europe, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Economic Community and the Republic of Finland establishing  cooperation in the field of education and training within the framework of the Erasmus programme is  hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council shall give the notification provided for in Article 13 of the  Agreement (5). Done at Luxembourg, 28 October 1991. For the Council The President J. M. M. RITZEN (1) OJ N° C 127, 17. 5. 1991, p. 3. (2) Opinion delivered on 24 October 1991 (not yet published in the Official Journal). (3) OJ N° L 166, 25. 6. 1987, p. 20. (4) OJ N° L 395, 30. 12. 1989, p. 23. (5) See page 71 of this Official Journal.