title: 2009/472/EC: Council Decision of 6 April 2009 concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the ACP-EC Partnership Agreement

text:
               19.6.2009

               EN

               Official Journal of the European Union

               L 156/26

      COUNCIL DECISION

   of 6 April 2009
   concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the ACP-EC Partnership Agreement
   (2009/472/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (hereinafter referred to as the ACP-EC Agreement), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (1), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the ACP-EC Agreement have been violated.

               (2)

               On 20 October 2008, pursuant to Article 96 of the ACP-EC Agreement, consultations started with the African, Caribbean and Pacific States (ACP) and the Islamic Republic of Mauritania during which representatives of the ruling military junta failed to present satisfactory proposals or commitments. Despite a one-month extension of the deadline, no new element has been noted,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Consultations with the Islamic Republic of Mauritania under Article 96 of the ACP-EC Agreement are hereby concluded.
   Article 2
   The measures set out in the annexed Letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EC Agreement.
   Article 3
   This Decision shall enter into force on the day of its adoption.
   This Decision shall expire on 6 April 2011. It shall be reviewed regularly at least once every six months in the light of joint monitoring missions by the Presidency of the European Union and the Commission.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 6 April 2009.

            For the Council

            The President

         J. POSPÍŠIL

      (1)  OJ L 317, 15.12.2000, p. 376.

      ANNEX
      Sir,
      The European Union attaches great importance to the essential elements listed in Article 9 of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000, hereinafter referred to as the ‘ACP-EC Agreement’ concerning respect for human rights, democratic principles and the rule of law, on which the ACP-EC partnership is founded.
      With this in mind, following the seizure of power by the military on 6 August 2008, the European Union immediately condemned the coup d’état and called repeatedly for respect for democracy and the legal institutional framework that had been in place since 2007. In application of Article 96 of the ACP-EC Agreement and as the coup constitutes a serious violation of the essential elements listed in Article 9 of that Agreement, the European Union engaged in a political dialogue with the ruling regime that resulted in the opening of consultations aimed at studying the situation and possible consensual solutions for an early return to constitutional order.
      Following the opening meeting of the consultations in Paris on 20 October 2008, the European Union did not consider that any satisfactory proposals had been made by the Mauritanian side. In a spirit of openness to dialogue, and being aware of the complexity of the political situation in Mauritania, the European Union initially proposed to the Mauritanian side that the consultations remain open for a period of one month until it came up with a potentially satisfactory solution that would enable another consultation meeting to be arranged. It also informed the ACP States and Mauritanian side that, in the absence of any new elements, the consultations would be closed and appropriate measures adopted.
      At a series of meetings chaired by the African Union, the European Union and the five international organisations that made up the international contact group on Mauritania clearly identified the essential elements of a consensual political solution to the crisis.
      The international contact group met again on 28 January 2009 on the eve of the effective implementation of the individual sanctions adopted by the African Union, and on 20 February 2009 to note that there were a number of proposals for putting an end to the crisis, including that by the ruling power which was considered to be still inadequate. The international contact group invited the Mauritanian parties to an inclusive national political dialogue under the auspices of the President of the African Union in order to secure a consensual return to constitutional order.

         Appropriate flanking measures for a return to constitutional order

      In the light of the above, the European Union has decided to bring the consultation period to an end and to adopt, under Article 96(2)(c) of the ACP-EC Agreement, the appropriate measures described below. Starting from the unsatisfactory situation at present and the fact that a large part of cooperation is already being put on ice, these appropriate measures aim at a gradual reopening of cooperation in response to the following steps towards a consensual return to constitutional order:

                  1.

                  Present situation and immediate measures.

                  2.

                  A consensual solution for ending the crisis consistent with the essential elements proposed by the international community, in particular the establishment in the context of inclusive and open political dialogue of an electoral framework for the holding of free, transparent and representative presidential elections, organised by credible institutions, under the auspices of a neutral government.

                  3.

                  The actual and irreversible implementation of the solution for ending the crisis referred to above.

                  4.

                  Mauritania’s full return to constitutional order. That situation will pertain when a legitimate Head of State is in power and the Constitution is in force and respected.

            1.   Present situation and immediate measures
      The measures described below are adopted. The restrictions on cooperation will not affect humanitarian aid or direct aid to the people of Mauritania and Mauritanian civil society.
      The political dialogue provided for under Article 8 of the ACP-EC Agreement will be continued with all the Mauritanian parties in parallel with the appropriate measures as indicated in Annex VII, Article 2(5) of the ACP-EC Agreement. This dialogue will be conducted in coordination with the International Contact Group on Mauritania and may be stepped up once a consensual solution for a return to constitutional order has been accepted.

                  A.

                  The implementation of ongoing projects and of the 10th EDF indicative programme, subject to the exceptions and modifications below, is suspended pending the gradual resumption of cooperation under the conditions set out below.

                  B.

                  The European Commission reserves the right to take over immediately the duties of the EDF National Authorising Officer on its own account.

                  C.

                  In so far as the monitoring of developments and sectoral policy decisions implemented by the de facto but not de iure regime affect ongoing cooperation projects and in the hope of a future resumption of cooperation in the light of an internationally acceptable solution to the crisis, Commission departments will continue to take part in the dialogue on sectoral policies in Mauritania at a technical level so long as such dialogue is not regarded as recognition of the legality of the regime installed following the coup d’état of 6 August 2008.

                  D.

                  Payments relating to ongoing contracts will be honoured in accordance with the relevant financing decisions. This concerns the following projects:

                              —

                              Rosso–Boghé and Kaedi–Gouraye roads and technical assistance to the Transport Ministry,

                              —

                              ‘rehabilitation of the Adrar oasis’ project (closure of ongoing commitments),

                              —

                              Water Facility: continuation of three ongoing contracts,

                              —

                              Energy Facility: continuation of ongoing contracts,

                              —

                              NAO support programme: necessary measures for programme completion,

                              —

                              regional solar programme: continuation of ongoing projects in Mauritania,

                              —

                              civil society support programme. Continued implementation of governance-related activities under calls for proposals managed directly by the European Commission,

                              —

                              programme to support the national road maintenance body (ENER): continuation of ongoing contractual commitments only,

                              —

                              grant contract under the regional B envelope for the rehabilitation of flooded areas in the Senegal river region,

                              —

                              support to local authorities (non-EDF): project to improve municipal water management in Nouakchott and partnership to support the school system in the Bousteila municipality,

                              —

                              Zazou sanitation project (non-EDF, NGO cofinancing).

                  E.

                  New contracts may be signed for the following programmes in accordance with the financing agreements:

                              —

                              launch of local calls for proposals in the ‘non-State actors and democracy and human rights’ area (non-EDF). Calls for proposals for the benefit of local authorities remain suspended,

                              —

                              implementation of the migration management support project under ACP 9 EDF regional funding,

                              —

                              implementation of the ‘refugee return support’ project in coordination and liaison with the Commission’s Humanitarian Aid Office (ECHO) provided conditions in Mauritania allow implementation and given compliance with the terms of contract.

                  F.

                  New projects may be appraised in the following areas:

                              —

                              as part of the proposed response to the food crisis through mobilisation of the 10th EDF regional B envelope, a targeted operation to support inhabitants may be programmed for a total of EUR 2 080 000 to be carried out by an international organisation and/or NGO provided the activity does not involve direct aid to the administration, the state or state agencies,

                              —

                              programming of the envelope allocated to Mauritania under the new Food Facility and the Food Security thematic line involving agricultural support projects that can be implemented by international organisations and/or NGOs,

                              —

                              the 10th EDF National Indicative Programme set aside an indicative amount of EUR 40 million in budgetary support. That project may not be appraised before a full return to constitutional order as described in point 4, subject to compliance with the general eligibility conditions required for implementation of programmes of this type,

                              —

                              the indicative amount of this programme is reduced to EUR 25 million with immediate effect. EUR 10 million of the EUR 15 million committed will be kept in reserve for possible election support in the framework of a constitutional solution to the crisis in line with the international community’s demands. The remaining EUR 5 million will be kept in reserve, inter alia, for any humanitarian crises resulting from the crisis caused by the coup d’état of 6 August 2008,

                              —

                              by way of exception, the EUR 8 million migration management support programme included in the National Indicative Programme will be appraised before any resumption of cooperation on the basis of objectives and priorities which have not yet been set.

            2.   Consensual solution accepted
      This situation implies that an actual agreement exists with the Mauritanian parties as described in the Introduction, in point 2.

                  G.

                  The following projects will be unblocked:

                              —

                              Nouadhibou ore port. Negotiation and signing of the contract for renovation of the port in so far as this is allowed by the rules in force and the results of the tender. Since the non-extendable deadline for execution of this project is 31 December 2011, there is a real risk that financing for the project (EUR 45 million) will be lost. The Commission will consider all possible ways of minimising that risk, which is increasing over time,

                              —

                              reprogramming of a project to clear the port of Nouadhibou of wrecks following the transfer to the 10th EDF from 31 December 2008 of the Stabex funds earmarked for that purpose (EUR 23 million). But for the coup d’état, a contract for the project would have been signed before the end of 2008. Procedures for reprogramming and appraisal of the new project will commence forthwith in order to move to the implementation phase as soon as possible once the political situation allows (consensual solution accepted),

                              —

                              launch of previously suspended local calls for proposal for the benefit of local authorities.

            3.   Implementation of the solution for ending the crisis
      This situation involves irreversibly implementing the consensual solution for ending the crisis as described in point 3.

                  H.

                  A further resumption of cooperation will be effected. This may include:

                              —

                              possible support for and observation of new elections,

                              —

                              continued implementation of the justice support programme,

                              —

                              implementation of the EU institution-building programme for local authorities and their services,

                              —

                              implementation of all projects and programmes signed or planned under the 8th and 9th EDFs but not yet contracted out.

            4.   Full return to constitutional order

                  I.

                  Mauritania’s full return to constitutional order will enable all the restrictions listed above to be lifted in accordance with the fourth paragraph of Article 96(2)(a) of the ACP-EC Agreement. That will allow the 10th EDF indicative programme (EUR 156 million) to be implemented in full, taking account of the possible need to revise the programme in view of the negative social, economic and political impacts of the coup d’état of 6 August 2008.

         Monitoring of appropriate measures

      The European Union will continue to monitor the situation in Mauritania closely and may support the introduction of a consensual political solution to the crisis if it is based on the abovementioned essential elements in accordance with the demands of the international community. Regular monitoring missions will be organised for that purpose.
      The European Union reserves the right to review and revise the above measures in the light of developments in the situation in Mauritania.
      We have the honour to be, Sir, yours faithfully,

            For the Commission

         José Manuel BARROSO

            For the Council

         J. POSPÍŠIL


title: 2006/635/Euratom: Commission Decision of 4 April 2006 on the conclusion, by way of signature, of an Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine

text:
               22.9.2006

               EN

               Official Journal of the European Union

               L 261/26

         COMMISSION DECISION
   of 4 April 2006
   on the conclusion, by way of signature, of an Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine
   (2006/635/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to Council Decision of 24 September 2004, approving the conclusion by the Commission of an Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine (1),
   Whereas:

               (1)

               The Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine should be concluded.

               (2)

               The Commission should designate the person authorised to sign the Agreement for Co-operation in the Peaceful Uses of Nuclear Energy for the European Atomic Energy Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The conclusion of the Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine is hereby decided on behalf of the European Atomic Energy Community.
   The text of the agreement is attached to this Decision.
   Article 2
   The Member responsible for Energy, or the person designated by him for this purpose, is hereby authorised to sign on behalf of the European Atomic Energy Community the Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine.

      Done at Brussels, 4 April 2006.

            For the Commission

         Andris PIEBALGS

            Member of the Commission

      (1)  Not yet published in the Official Journal.


Avis juridique important

|

31987D0560

87/560/EEC: Commission Decision of 17 July 1987 amending Decision 87/305/EEC of 26 May 1987 setting up an advisory committee on the opening-up of public procurement

Official Journal L 338 , 28/11/1987 P. 0037 - 0037 Finnish special edition: Chapter 6 Volume 2 P. 0172  Swedish special edition: Chapter 6 Volume 2 P. 0172

*****COMMISSION  DECISION  of 17 July 1987  amending Decision 87/305/EEC of 26 May 1987 setting up an advisory committee on the opening-up of public procurement  (87/560/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Commission, in its Decision of 87/305/EEC (1) has set up an advisory committee on the opening-up of public procurement with the task of assisting it in the economic, technical, legal and social aspects of public procurement;  Whereas the number of members constituting the committee was initially fixed at a maximum of 24, as provided in Article 3 of the abovementioned Decision;  Whereas the number of members originally fixed is proving insufficient to enable the Committee to carry out its task effectively, particularly the assessment of the social dimension of public procurement, and there is, therefore, ground for enlarging it,  HAS DECIDED AS FOLLOWS:  Article 1  Article 3 of Decision 87/305/EEC is replaced by the following text:  'The Committee shall comprise 25 members at most'.  Article 2  This Decision shall take effect on 17 July 1987.  Done at Brussels, 17 July 1987.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 152, 12. 6. 1987, p. 32.


Important legal notice

|

52007BP0118(01)

1. European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2005 (C6-0392/2006 - 2006/2159(DEC))

Official Journal 074 E , 20/03/2008 P. 0214 - 0215

		1.European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2005 (C6-0392/2006 — 2006/2159(DEC))The European Parliament,- having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2005, together with the Agency's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [3], and in particular Article 185 thereof,- having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work [4], and in particular Article 14 thereof,- having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A6-0105/2007),1. Grants the director of the European Agency for Safety and Health at Work discharge for the implementation of the Agency's budget for the financial year 2005;2. Sets out its observations in the resolution below;3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).[1] OJ C 266, 31.10.2006, p. 19.[2] OJ C 312, 19.12.2006, p. 24.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 216, 20.8.1994, p. 1. Regulation as last amended by Regulation (EC) No 1112/2005 (OJ L 184, 15.7.2005, p. 5).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


title: 2005/400/EC, Euratom: Council Decision of 23 May 2005 appointing an Estonian member of the European Economic and Social Committee

text:
               28.5.2005

               EN

               Official Journal of the European Union

               L 135/20

      COUNCIL DECISION

   of 23 May 2005
   appointing an Estonian member of the European Economic and Social Committee
   (2005/400/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),
   Having regard to the nomination submitted by the Estonian Government,
   Having regard to the opinion of the Commission,
   Whereas:
   A member’s seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Kalev KREEGIPUU, of which the Council was informed on 3 September 2004,
   HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Kaul NURM is hereby appointed a member of the European Economic and Social Committee in place of Mr Kalev KREEGIPUU for the remainder of the latter’s term of office, which runs until 20 September 2006.

      Done at Brussels, 23 May 2005.

            For the Council

            The President

         J.-L. SCHILTZ

      (1)  OJ L 253, 21.9.2002, p. 9.


title: Commission Decision (EU) 2017/652 of 29 March 2017 on the proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ (notified under document C(2017) 2200)

text:
               6.4.2017

               EN

               Official Journal of the European Union

               L 92/100

         COMMISSION DECISION (EU) 2017/652
   of 29 March 2017
   on the proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’

         (notified under document C(2017) 2200)

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

               (1)

               By Commission Decision C(2013) 5969 of 13 September 2013 registration of the proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ was refused. The General Court of the European Union in its judgment of 3 February 2017 (case T-646/13) annulled that Decision, on the ground that the Commission has failed to comply with its obligation to state reasons by not indicating those of the measures which, among those set out in the annex to the proposed ECI, did not fall within its competence, nor the reasons in support of that conclusion. In order to take the necessary measures to comply with the judgment of the General Court a new Commission Decision on the request for registration of the proposed citizens' initiative has to be adopted.

               (2)

               The subject matter of the proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ refers to the following ‘We call upon the EU to improve the protection of persons belonging to national and linguistic minorities and strengthen cultural and linguistic diversity in the Union’.

               (3)

               The objectives of the proposed citizens' initiative refer to the following ‘We call upon the EU to adopt a set of legal acts to improve the protection of persons belonging to national and linguistic minorities and strengthen cultural and linguistic diversity in the Union. It shall include policy actions in the areas of regional and minority languages, education and culture, regional policy, participation, equality, audiovisual and other media content, and also regional (state) support’.

               (4)

               The annex to the proposed citizens' initiative mentions specifically 11 legal acts of the Union for which the proposed citizens' initiative aims, in essence, at proposals from the Commission, namely:

                           (a)

                           a recommendation of the Council ‘on the protection and promotion of cultural and linguistic diversity in the Union’ on the basis of the second indent of Article 167(5) TFEU and the second indent of Article 165(4) TFEU;

                           (b)

                           a decision or a regulation of the European Parliament and of the Council on the basis of the first indent of Article 167(5) TFEU and the first indent of Article 165(4) TFEU, the subject matter of which is to adapt ‘funding programmes so that they become accessible for small regional and minority language communities’;

                           (c)

                           a decision or a regulation of the European Parliament and of the Council on the basis of the first indent of Article 167(5) TFEU and the first indent of Article 165(4) TFEU, the subject matter of which is to create a centre for linguistic diversity that will strengthen awareness of the importance of regional and minority languages and will promote diversity at all levels and be financed mainly by the European Union;

                           (d)

                           a regulation of the European Parliament and of the Council on the basis of Articles 177 TFEU and 178 TFEU, the subject matter of which is to adapt the common provisions relating to EU regional funds in such a way that the protection of minorities and the promotion of cultural and linguistic diversity are included therein as thematic objectives;

                           (e)

                           a regulation of the European Parliament and of the Council on the basis of Articles 173(3) TFEU and 182(1) TFEU, the subject matter of which is to change the regulation relating to the ‘Horizon 2020’ programme for the purposes of improving research on the added value that national minorities and cultural and linguistic diversity may bring to social and economic development in regions of the EU;

                           (f)

                           a Council directive, regulation or decision on the basis of Article 20(2) TFEU and Article 25 TFEU, for the purpose of strengthening within the EU the place of citizens belonging to a national minority, with the aim of ensuring that their legitimate concerns are taken into consideration in the election of Members of the European Parliament;

                           (g)

                           effective measures to address discrimination and to promote equal treatment, including for national minorities, in particular through a revision of the existing Council directives on the subject of equal treatment, on the basis of Article 19(1) TFEU;

                           (h)

                           the amendment of the EU legislation in order to guarantee approximately equal treatment for stateless persons and citizens of the Union, on the basis of Article 79(2) TFEU;

                           (i)

                           a regulation of the European Parliament and of the Council on the basis of Article 118 TFEU, in order to introduce a unitary copyright so that the whole EU can be considered an internal market in the field of copyright;

                           (j)

                           an amendment of Directive 2010/13/EU of the European Parliament and of the Council (2), for the purpose of ensuring the freedom to provide services and the reception of audiovisual content in regions where national minorities reside, on the basis of Article 53(1) TFEU and Article 63 TFEU;

                           (k)

                           a Council regulation or decision, with a view to the block exemption of projects promoting national minorities and their culture, on the basis of Article 109 TFEU, Article 108(4) TFEU or Article 107(3)(e) TFEU.

               (5)

               Legal acts of the Union for the purpose of implementing the Treaties can be adopted:

                           —

                           in the areas of improvement of the knowledge and dissemination of the culture and history of the European peoples; conservation and safeguarding of cultural heritage of European significance; non-commercial cultural exchanges; and artistic and literary creation, including in the audiovisual sector,

                           —

                           in the fields of developing the European dimension in education, including inter alia through the teaching and dissemination of the languages of the Member States,

                           —

                           in defining the tasks, priority objectives and the organisation of the Structural Funds provided that the actions to be financed lead to the strengthening of the economic, social and territorial cohesion of the Union,

                           —

                           on specific measures in support of action taken in the Member States to achieve the objectives of speeding up the adjustment of industry to structural changes, encouraging an environment favourable to initiative and to the development of undertakings throughout the Union, particularly small and medium-sized undertakings, encouraging an environment favourable to cooperation between undertakings, fostering better exploitation of the industrial potential of policies of innovation, research and technological development,

                           —

                           in the area of research and technological development in the form of a multiannual framework programme establishing the scientific and technological objectives to be achieved by the Union's activities and fixing the relevant priorities, indicating the broad lines of such activities and fixing the maximum overall amount and the detailed rules for Union financial participation in the framework programme and the respective shares in each of the activities provided for,

                           —

                           in the area of rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of residence in other Member States of the EU,

                           —

                           for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements,

                           —

                           for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed person,

                           —

                           for determining the categories of aid granted by states exempted from the procedure provided for in Article 108(2) TFEU.

               (6)

               For those reasons, the proposed citizens' initiative, inasmuch as it aims at proposals from the Commission for legal acts of the Union for the purpose of implementing the Treaties as referred to in points (a)-(e) and (h)-(k) of recital 4 does not fall manifestly outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation.

               (7)

               A legal act of the Union for the purpose of implementing the Treaties cannot be adopted for the purpose of strengthening within the EU the place of citizens belonging to a national minority, with the aim of ensuring that their legitimate concerns are taken into consideration in the election of Members of the European Parliament. Article 20(2) TFEU provides for the rights of the citizens of the Union. Those rights include the right to vote and to stand as candidates in elections to the European Parliament in the Member State of residence, under the same conditions as nationals of that State. Article 25 TFEU provides that on the basis of a report from the Commission the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may adopt provisions to strengthen or to add to the rights listed in Article 20(2) TFEU. However, the rights strengthened or added by such provisions must be directed against other Member States than that of which the Union citizen concerned is a national or against the Union institutions. Conversely, the legal act envisaged by the proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ contains no similar qualifications. Accordingly, it would also create rights enforceable against the Member State of which the Union citizen is a national. Therefore Article 25 and Article 20(2) TFEU cannot constitute legal bases for the adoption of a legal act of the Union for the purpose of implementing the Treaties ‘for the purpose of strengthening within the EU the place of citizens belonging to a national minority, with the aim of ensuring that their legitimate concerns are taken into consideration in the election of Members of the European Parliament’. Inasmuch the legal act envisaged by the proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ would in essence regard the provisions necessary for the election of the Members of the European Parliament by direct universal suffrage, it is the latter institution which, in accordance with Article 223 TFEU, shall draw up a proposal to lay down these provisions, in accordance with a uniform procedure in all Member States or with principles common to all Member States. Therefore, the Commission is not empowered by the Treaties to submit a proposal for such a legal act.

               (8)

               A legal act of the Union for the purpose of implementing the Treaties cannot be adopted either as regards effective measures to address discrimination and to promote equal treatment, including for national minorities, in particular through a revision of the existing Council directives on the subject of equal treatment. Whilst irrespective of their field of action, the Union institutions are bound to respect ‘cultural and linguistic diversity’ in accordance with Article 3(3) TEU and to refrain from discrimination based on ‘membership of a national minority’ in accordance with Article 21(1) of the Charter of Fundamental Rights of the European Union none of these provisions constitutes a legal basis for whatever action by the institutions. Article 19 TFEU provides that without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. However, this exhaustive list of grounds of discrimination does not include membership of a national minority. Therefore, Article 19 TFEU cannot constitute the legal basis for the adoption of a legal act of the Union for the purpose of implementing the Treaties proposals for ‘effective measures to address discrimination and to promote equal treatment, including for national minorities’.

               (9)

               For those reasons, the proposed citizens' initiative, inasmuch as it aims at proposals from the Commission for legal acts of the Union for the purpose of implementing the Treaties as referred to in points (f) and (g) of recital 4 manifestly falls outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation.

               (10)

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

               (11)

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

               (12)

               The proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ should therefore be registered. Statements of support for this proposed citizens' initiative should be collected inasmuch as it aims at proposals from the Commission for legal acts of the Union for the purpose of implementing the Treaties as referred to in points (a)-(e) and (h)-(k) of recital 4,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ is hereby registered.
   2.   Statements of support for this proposed citizens' initiative may be collected, based on the understanding that it aims at proposals from the Commission for

               —

               a recommendation of the Council ‘on the protection and promotion of cultural and linguistic diversity in the Union’,

               —

               a decision or a regulation of the European Parliament and of the Council, the subject matter of which is to adapt ‘funding programmes so that they become accessible for small regional and minority language communities’,

               —

               a decision or a regulation of the European Parliament and of the Council, the subject matter of which is to create a centre for linguistic diversity that will strengthen awareness of the importance of regional and minority languages and will promote diversity at all levels and be financed mainly by the European Union,

               —

               a regulation adapting the general rules applicable to the tasks, priority objectives and the organisation of the Structural Funds in such a way that account is taken of the protection of minorities and the promotion of cultural and linguistic diversity provided that the actions to be financed lead to the strengthening of the economic, social and territorial cohesion of the Union,

               —

               a regulation of the European Parliament and of the Council, the subject matter of which is to change the regulation relating to the ‘Horizon 2020’ programme for the purposes of improving research on the added value that national minorities and cultural and linguistic diversity may bring to social and economic development in regions of the EU,

               —

               the amendment of the EU legislation in order to guarantee approximately equal treatment for stateless persons and citizens of the Union,

               —

               a regulation of the European Parliament and of the Council, in order to introduce a unitary copyright so that the whole EU can be considered an internal market in the field of copyright,

               —

               an amendment of Directive 2010/13/EU, for the purpose of ensuring the freedom to provide services and the reception of audiovisual content in regions where national minorities reside,

               —

               a Council regulation or decision, with a view to the block exemption of projects promoting national minorities and their culture from the procedure provided for in Article 108(2) TFEU.

         Article 2
   This Decision shall enter into force on 3 April 2017.
   Article 3
   This Decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’, represented by Mr Hans Heinrich HANSEN and Mr Hunor KELEMEN acting as contact persons.

      Done at Brussels, 29 March 2017.

            For the Commission

         Frans TIMMERMANS

            First Vice-President

      (1)  OJ L 65, 11.3.2011, p. 1.

      (2)  Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).


title: Council Decision (EU) 2015/1792 of 5 October 2015 appointing five Spanish members and five Spanish alternate members of the Committee of the Regions

text:
               7.10.2015

               EN

               Official Journal of the European Union

               L 260/28

         COUNCIL DECISION (EU) 2015/1792
   of 5 October 2015
   appointing five Spanish members and five Spanish alternate members of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposals of the Spanish Government,
   Whereas:

               (1)

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

               (2)

               Five members' seats on the Committee of the Regions have become vacant following the end of the term of office of Ms Rita BARBERÁ NOLLA, Ms Yolanda BARCINA ANGULO, Ms María Dolores de COSPEDAL GARCÍA, Mr Ignacio GONZÁLEZ GONZÁLEZ and Mr José Antonio MONAGO TERRAZA,

               (3)

               Five alternate members' seats on the Committee of the Regions have become vacant following the end of the term of office of Mr Enrique BARRASA SÁNCHEZ, Mr Borja COROMINAS FISAS, Ms Teresa GIMÉNEZ DELGADO DE TORRES, Ms María Victoria PALAU TÁRREGA and Mr Juan Luis SÁNCHEZ DE MUNIÁIN LACASA,

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

               —

               D.a Miren Uxue BARCOS BERRUEZO, Presidenta de la Comunidad Foral de Navarra

               —

               D.a Cristina CIFUENTES CUENCAS, Presidenta de la Comunidad de Madrid

               —

               D. Guillermo FERNÁNDEZ VARA, Presidente de la Junta de Extremadura

               —

               D. Emiliano GARCÍA-PAGE SÁNCHEZ, Presidente de la Junta de Comunidades de Castilla-La Mancha

               —

               D. Ximo PUIG I FERRER, Presidente de la Generalidad Valenciana

         Article 2
   The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Dña Rosa BALAS TORRES, Directora General de Acción Exterior de la Junta de Extremadura

               —

               Dña. Elena CEBRIÁN CALVO, Consejera de Agricultura, Medio Ambiente, Cambio Climático y Desarrollo Rural de la Generalidad Valenciana

               —

               D. Cruz FERNÁNDEZ MARISCAL, Director General de Relaciones Institucionales y Asuntos Europeos de la Vicepresidencia de la Junta de Comunidades de Castilla-La Mancha

               —

               D.a Yolanda IBARROLA DE LA FUENTE, Directora General de Asuntos Europeos y Cooperación con el Estado de la Comunidad Autónoma de Madrid

               —

               D.a Ana OLLO HUALDE, Consejera de Relaciones Ciudadanas e Institucionales

         Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 5 October 2015.

            For the Council

            The President

         N. SCHMIT

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70


title: Council Decision 2013/382/CFSP of 15 July 2013 amending and extending the mandate of the European Union Special Representative in Afghanistan

text:
               16.7.2013

               EN

               Official Journal of the European Union

               L 193/22

         COUNCIL DECISION 2013/382/CFSP
   of 15 July 2013
   amending and extending the mandate of the European Union Special Representative in Afghanistan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 March 2010, the Council adopted Decision 2010/168/CFSP (1) appointing Mr Vygaudas UŠACKAS as the European Union Special Representative (EUSR) in Afghanistan. The EUSR’s mandate is to expire on 30 June 2013.

               (2)

               The mandate of the EUSR should be extended for a further period of 12 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 Mr Vygaudas UŠACKAS as the EUSR in Afghanistan is hereby extended until 30 June 2014. The mandate of the EUSR may be terminated earlier, if the Council so decides, upon a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The EUSR shall represent the Union and promote Union policy objectives in Afghanistan, in close coordination with Member States’ representatives in Afghanistan. More specifically, the EUSR shall:

               (a)

               contribute to the implementation of the EU-Afghanistan Joint Declaration and lead the implementation of the EU Action Plan on Afghanistan and Pakistan, in so far as it concerns Afghanistan, thereby working with Member States’ representatives in Afghanistan;

               (b)

               support the political dialogue between the Union and Afghanistan;

               (c)

               support the pivotal role played by the United Nations (UN) in Afghanistan with particular emphasis on contributing to better coordinated international assistance, thereby promoting the implementation of the London, Kabul, Bonn, Istanbul, Chicago and Tokyo Conference Communiqués, as well as relevant UN Resolutions.

         Article 3
   Mandate
   In order to fulfil the mandate, the EUSR shall, in close cooperation with Member States’ representatives in Afghanistan:

               (a)

               promote the views of the Union on the political process and developments in Afghanistan;

               (b)

               maintain close contact with, and support the development of, relevant Afghan institutions, in particular the Government and the Parliament as well as the local authorities. The EUSR shall also maintain contact with other Afghan political groups and other relevant actors in Afghanistan;

               (c)

               maintain close contact with relevant international and regional stakeholders in Afghanistan, notably the Special Representative of the Secretary-General of the UN and the Senior Civilian Representative of the North Atlantic Treaty Organisation and other key partners and organisations;

               (d)

               advise on the progress achieved in meeting the objectives of the EU-Afghanistan Joint Declaration, of the EU Action Plan for Afghanistan and Pakistan, in so far as it concerns Afghanistan, and of the Kabul, Bonn, Istanbul, Chicago and Tokyo Conferences, in particular in the following areas:

                           —

                           civilian capacity building, notably at sub-national level,

                           —

                           good governance and the establishment of institutions necessary for the existence of the rule of law, in particular an independent judiciary,

                           —

                           electoral reforms,

                           —

                           security sector reforms, including the strengthening of judicial institutions, the national army and the police force, and in particular, the development of the civilian police service,

                           —

                           promotion of growth, namely through agriculture and rural development,

                           —

                           respect for Afghanistan’s international human rights obligations, including respect for the rights of persons belonging to minorities and the rights of women and children,

                           —

                           respect of democratic principles and the rule of law,

                           —

                           fostering participation of women in public administration, civil society and, in accordance with UN Security Council Resolution 1325 (2000), the peace process,

                           —

                           respect for Afghanistan’s international obligations, including cooperation in international efforts to combat terrorism, illicit drug trafficking, trafficking in human beings and proliferation of arms and weapons of mass destruction and related materials,

                           —

                           facilitation of humanitarian assistance and the orderly return of refugees and internally displaced persons, and

                           —

                           enhancing the effectiveness of Union presence and activities in Afghanistan and contributing to the formulation of the regular yearly implementation reports on the EU Action Plan, as requested by the Council;

               (e)

               actively participate in local coordination fora such as the Joint Coordination and Monitoring Board, while keeping non-participating Member States fully informed of decisions taken at those levels;

               (f)

               advise on the participation and the positions of the Union in international conferences with regard to Afghanistan;

               (g)

               take an active role in promoting regional cooperation through relevant initiatives including the Istanbul Process and the Regional Economic Conference on Afghanistan (RECCA);

               (h)

               contribute to the implementation of the Union’s human rights policy and the EU Guidelines on Human Rights, in particular with regard to women and children in conflict- affected areas, especially by monitoring and addressing developments in this regard;

               (i)

               provide, as appropriate, support to an inclusive and Afghan-led peace process leading to a political settlement consistent with the ‘red lines’ agreed at the Bonn Conference.

         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 Political and Security Committee (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 competent departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2013 to 30 June 2014 shall be EUR 6 585 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   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.   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 promptly and regularly inform the Council and the Commission 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 staff shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be seconded 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 and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host country, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).
   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.   Union delegations and/or 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 conformity with the EUSR’s mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR’s direct authority, notably by:

               (a)

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

               (c)

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

               (d)

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

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR shall 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 with those of the EUSR for Central Asia and with the Union’s Delegation in Pakistan. The EUSR shall provide Member States’ missions and Union delegations with regular briefings.
   2.   In the field, close liaison shall be maintained with the Heads of the Union delegations and Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall provide the Head of the EU Police Mission in Afghanistan (EUPOL AFGHANISTAN) with local political guidance. The EUSR and the Civilian Operation Commander shall consult each other as required. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Assistance in relation to claims
   The EUSR and his staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in Afghanistan, 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 HR, the Council and the Commission with a progress report by the end of December 2013 and a comprehensive mandate implementation report at the end of the mandate.
   Article 15
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 15 July 2013.

            For the Council

            The President

         V. JUKNA

      (1)  OJ L 75, 23.3.2010, p. 22.

      (2)  OJ L 141, 27.5.2011, p. 17.


Avis juridique important

|

31998D1224(01)

Council Decision of 14 December 1998 appointing a member of the Advisory Committee on Medical Training

Official Journal C 405 , 24/12/1998 P. 0001 - 0001

COUNCIL DECISION of 14 December 1998 appointing a member of the Advisory Committee on Medical Training (98/C 405/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 75/364/EEC of 16 June 1975 setting up an Advisory Committee on Medical Training (1), and in particular Articles 3 and 4 thereof;Whereas, in its Decision of 29 June 1998 (2), the Council appointed Mr J. BOEVÉ a member of the Committee for the period ending 28 June 2001;Whereas the Netherlands Government has nominated Mr A. R. KOOMEN to replace Mr J. BOEVÉ,HAS DECIDED AS FOLLOWS:Sole Article Mr A. R. KOOMEN is hereby appointed a member of the Advisory Committee on Medical Training in place of Mr J. BOEVÉ for the remainder of the latter's term of office, which ends on 28 June 2001.Done at Brussels, 14 December 1998For the CouncilThe PresidentW. MOLTERER(1) OJ L 167, 30.6.1975, p. 17.(2) OJ C 222, 16.7.1998, p. 3.