title: Council Decision of 9 June 2011 on the signing, on behalf of the European Union, and the provisional application of the Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

text:
               9.7.2011

               EN

               Official Journal of the European Union

               L 181/1

         COUNCIL DECISION
   of 9 June 2011
   on the signing, on behalf of the European Union, and the provisional application of the Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
   (2011/405/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 19 December 2006, the Council adopted Regulation (EC) No 2027/2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde (1).

               (2)

               The Protocol setting out the fishing opportunities and the financial contribution provided for in the said Partnership Agreement is to expire on 31 August 2011.

               (3)

               The Union negotiated with the Republic of Cape Verde (hereinafter referred to as ‘Cape Verde’) a new Protocol providing EU vessels with fishing opportunities in the waters over which Cape Verde has sovereignty or jurisdiction in respect of fishing matters.

               (4)

               On conclusion of those negotiations, the new Protocol was initialled on 22 December 2010.

               (5)

               In order to allow EU vessels to carry out fishing activities, Article 15 of the new Protocol provides for it to be applied on a provisional basis as from 1 September 2011.

               (6)

               The new Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its formal conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force is hereby authorised on behalf of the Union, subject to its conclusion.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union, subject to its conclusion.
   Article 3
   The Protocol shall apply on a provisional basis from 1 September 2011, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 9 June 2011.

            For the Council

            The President

         PINTÉR S.

      (1)  OJ L 414, 30.12.2006, p. 1.
    ---documentbreak---

               9.7.2011

               EN

               Official Journal of the European Union

               L 181/2

         PROTOCOL
   agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
   Article 1
   Period of application and fishing opportunities
   1.   For a period of 3 years, the fishing opportunities provided to European Union vessels pursuant to Article 5 of the Fisheries Partnership Agreement shall be as follows:
   Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea):

               —

               freezer tuna seiners: 28 vessels,

               —

               pole-and-line tuna vessels: 11 vessels,

               —

               surface longliners: 35 vessels.

         2.   Paragraph 1 shall apply subject to the provisions of Articles 4 and 5 of this Protocol.
   Article 2
   Financial contribution – Methods of payment
   1.   For the period referred to in Article 1, the financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 435 000.
   2.   The financial contribution shall comprise:

               (a)

               an annual amount for access to the Exclusive Economic Zone (EEZ) of Cape Verde of EUR 325 000, equivalent to a reference tonnage of 5 000 tonnes per year; and

               (b)

               a specific amount of EUR 110 000 per year for supporting the implementation of the sectoral fisheries policy of Cape Verde.

         3.   Paragraph 1 shall apply subject to Articles 3, 4, 5, 7 and 8 of this Protocol and Articles 12 and 13 of the Fisheries Partnership Agreement.
   4.   If the overall quantity of catches by European Union vessels in Cape Verdean waters exceeds 5 000 tonnes per year, the amount of the financial contribution of EUR 325 000 will be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Union shall not be more than twice the amount indicated in paragraph 2(a) (EUR 325 000). Where the quantities caught by European Union vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
   5.   Payment of the financial contribution due under paragraph 2(a) and (b) above shall be made within 60 days of the entry into force of the Protocol for the first year and by the anniversary date of the Protocol for subsequent years.
   6.   The Cape Verdean authorities shall have full discretion regarding the use to which the financial contribution referred to in paragraph 2(a) is put.
   7.   The financial contribution shall be paid into a single Public Treasury account opened with a financial institution specified by the Cape Verdean authorities.
   Article 3
   Promotion of responsible and sustainable fishing in Cape Verdean waters
   1.   No later than 3 months after the entry into force of this Protocol, the Parties shall agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on a multiannual sectoral programme and detailed implementing rules, in particular:

               (a)

               annual and multiannual guidelines for using the financial contribution referred to in Article 2(2)(b);

               (b)

               the objectives, both annual and multiannual, to be achieved with a view to introducing, over time, responsible and sustainable fishing, taking account of the priorities expressed by Cape Verde in its national fisheries policy and other policies relating to or having an impact on the introduction of responsible and sustainable fishing;

               (c)

               criteria and procedures for evaluating the results obtained each year.

         2.   Any proposed amendments to the multiannual sectoral programme must be approved by both Parties within the Joint Committee, or on the basis of an exchange of correspondence.
   3.   Each year, the Cape Verdean authorities may decide to allocate an additional amount over and above the share of the financial contribution referred to in Article 2(2)(b) with a view to implementing the multiannual programme. This allocation shall be communicated to the European Union no later than two (2) months before the anniversary date of this Protocol.
   4.   Each year, the two Parties shall carry out, within the Joint Committee, an evaluation of the progress made in implementing the multiannual sectoral programme. Where this evaluation indicates that the objectives financed directly by the share of the financial contribution referred to in Article 2(2)(b) of this Protocol have not been satisfactorily achieved, the European Union reserves the right to reduce that share of the financial contribution with a view to adjusting the amount allocated to the implementation of the Programme in line with the results.
   Article 4
   Scientific cooperation on responsible fishing
   1.   The two Parties hereby undertake to promote responsible fishing in Cape Verdean waters on the basis of the principles of non-discrimination between the different fleets fishing in those waters.
   2.   During the period covered by this Protocol, the European Union and the Cape Verdean authorities will monitor the evolution of resources in the Cape Verdean fishing zone.
   3.   The two Parties shall comply with the recommendations and resolutions of the International Commission for the Conservation of Atlantic Tunas (ICCAT) regarding the responsible management of fisheries.
   4.   In accordance with Article 4 of the Fisheries Partnership Agreement, based on the recommendations and resolutions adopted within the ICCAT and the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement to take, where necessary after a scientific meeting and by mutual agreement, measures to ensure the sustainable management of fisheries resources concerning the activities of European Union vessels.
   Article 5
   Adjustment of fishing opportunities by mutual agreement
   The fishing opportunities referred to in Article 1 may be adjusted by mutual agreement in so far as the recommendations and resolutions adopted by ICCAT confirm that this adjustment guarantees the sustainable management of the fishery resources covered by this Protocol. In this case, the financial contribution referred to in Article 2(2)(a) shall be adjusted proportionately and pro rata temporis and the necessary amendments shall be made to this Protocol and to its Annex.
   Article 6
   Landing incentives and promoting cooperation between economic operators
   1.   The two parties shall cooperate with a view to improving landing options in Cape Verdean ports.
   2.   The Joint Committee shall define the methods to be used to achieve this and shall set the level of financial incentives to apply.
   3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres by encouraging the establishment of an environment favourable to the development of business and investment.
   Article 7
   Suspension of the payment of the financial contribution
   1.   The financial contribution, as referred to in Article 2(2)(a) and (b), may be suspended if one or more of the following conditions apply:

               (a)

               unusual circumstances, other than natural phenomena, prevent fishing activities in the Cape Verdean EEZ;

               (b)

               following significant changes in the policy guidelines which led to the conclusion of this Protocol, one of the two Parties requests a review of the provisions with a view to a possible amendment thereof;

               (c)

               the European Union notes that there has been a violation in Cape Verde of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement.

         2.   The European Union reserves the right to suspend, partially or totally, the payment of the specific financial contribution provided for in Article 2(2)(b) of this Protocol:

               (a)

               if the results obtained are inconsistent with the programming, following an evaluation carried out by the Joint Committee;

               (b)

               in the event of failure to implement this financial contribution.

         3.   Payment of the financial contribution shall resume after consultation and agreement by the two Parties, as soon as the situation existing prior to the events mentioned in paragraph 1 has been re-established and/or if the results of the financial implementation referred to in paragraph 2 so warrant.
   Article 8
   Suspension of the Implementation of the Protocol
   1.   The implementation of this Protocol may be suspended at the initiative of one of the two Parties if one or more of the following conditions apply:

               (a)

               unusual circumstances, as defined in Article 7.3(a) of the Fisheries Partnership Agreement, prevent fishing activities in the Cape Verdean EEZ;

               (b)

               following significant changes in the policy objectives which led to the conclusion of this Protocol, one of the two Parties requests a review of the provisions with a view to a possible amendment thereof;

               (c)

               one of the two Parties violates one of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement;

               (d)

               there is non-payment of the financial contribution provided for in Article 2(2)(a) by the European Union, for reasons other than those provided for in Article 7 of this Protocol;

               (e)

               a dispute which has not been settled in the Joint Committee is ongoing between the two Parties;

               (f)

               one of the two Parties does not comply with the provisions of this Protocol and the Annex and appendices hereto.

         2.   Where the application of the Protocol is suspended for reasons other than those given in paragraph 1(c) above, it shall require the Party concerned to notify its intention in writing at least 3 months before the date on which suspension is due to take effect. Suspension of the Protocol for the reasons given in paragraph 1(c) shall apply immediately after the suspension decision has been taken.
   3.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol has been suspended.
   Article 9
   Electronic communication
   1.   Cape Verde and the EU undertake to install as soon as possible the computer systems required for the electronic exchange of all the information and documents related to the implementation of the Agreement.
   2.   Once the systems provided for in paragraph 1 of this Article are operational, the electronic version of a document will be considered to be the equivalent of a paper document in every way.
   3.   Cape Verde and the EU shall inform each other of any malfunction of a computer system as soon as possible. The information and documents related to the implementation of the Agreement shall then be automatically replaced by their paper version as specified in the Annex.
   Article 10
   Satellite monitoring
   Cape Verde shall install as soon as possible a satellite monitoring system (VMS) for fishing vessels fishing in its waters. Once this system has been set up, the provisions defined in the Annex to this Protocol will apply.
   Article 11
   Confidentiality of data
   Cape Verde undertakes to process all data relating to EU vessels and their fishing activities obtained within the framework of the Agreement in a confidential manner at all times and to use them exclusively for the purposes of implementing the Agreement.
   Article 12
   National legislation
   1.   The activities of European Union fishing vessels operating in the waters of Cape Verde under this Protocol shall be governed by the legislation in force in Cape Verde, in particular the provisions of the Cape Verdean fisheries resources management plan, unless the Fisheries Partnership Agreement, this Protocol and its Annex and appendices provide otherwise.
   2.   The Cape Verdean authorities shall inform the European Commission of any change or any new legislation relating to the fishing sector.
   Article 13
   Duration
   This Protocol and the Annex hereto shall apply for a period of 3 years from the provisional application in accordance with Article 15, unless notice of termination is given in accordance with Article 14.
   Article 14
   Termination
   1.   In the event of termination of the Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least 6 months before the date on which such termination would take effect.
   2.   Dispatch of the notification, as referred to in the previous paragraph, shall open consultations between the Parties.
   Article 15
   Provisional application
   This Protocol shall apply provisionally as from 1 September 2011.
   Article 16
   Entry into force
   This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.
   ANNEX

      CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE CAPE VERDEAN FISHING ZONE

   CHAPTER I

      GENERAL PROVISIONS

   Designation of competent authority
   For the purposes of this Annex and unless otherwise indicated, any reference to the European Union (EU) or to Cape Verde as a competent authority shall mean:

               —

               for the EU: the European Commission, where applicable via the EU Delegation in Cape Verde,

               —

               for Cape Verde: the Minister for Fisheries.

         National EEZ
   Cape Verde shall notify the EU, before the Protocol enters into force, of the geographical coordinates of its EEZ and the baselines.
   Fishing Zones
   EU vessels may carry out their fishing activities from 12 nautical miles off the baselines.
   Appointment of a local agent
   Any EU vessel which plans to land or tranship in a Cape Verde port must be represented by a consignee resident in Cape Verde.
   Bank account
   Cape Verde shall notify the EU before the entry into force of the Protocol of the details of the bank account(s) into which the financial sums payable by EU vessels under the Agreement should be paid. The inherent costs linked to bank transfers shall be borne by shipowners.
   CHAPTER II

      FISHING AUTHORISATIONS

   Condition for obtaining a fishing authorisation – eligible vessels
   The Fishing authorisations referred to in Article 6 of the Agreement shall be issued on the condition that the vessel is included in the EU register of fishing vessels and that all previous obligations of the shipowner, the master, or the vessel itself arising out of fishing activities in Cape Verde under the Agreement have been met.
   Application for a fishing authorisation
   The EU shall submit to Cape Verde an application for a fishing authorisation in respect of any vessel wishing to fish under the Agreement at least 15 days before the start of the period of validity requested using the form attached to Appendix 1 of this Annex. The application must be typed or legibly written in block capitals.
   For each initial application for a fishing authorisation on the basis of the Protocol in force, or following a technical change to the vessel concerned, the application shall be accompanied by:

               (i)

               proof of payment of the flat-rate fee for the period of validity of the fishing authorisation requested, and the flat-rate contribution for the observers referred to in Chapter X of this Annex;

               (ii)

               the name and address of the local consignee for the vessel, where there is one;

               (iii)

               a recent colour photograph of the vessel, showing a lateral view, and at least 15 cm × 10 cm in size;

               (iv)

               any other document specifically required under the Agreement.

         For renewal of a fishing authorisation under the Protocol in force for a vessel whose technical specifications have not been modified, the renewal application will only be accompanied by proof of payment of the fee and the flat-rate contribution to the costs of the observer.
   Anticipated flat-rate fee
   The amount of the flat-rate fee is set on the basis of the annual rate specified in the technical sheets included in Appendix 2 to this Annex. It shall include all local and national taxes with the exception of port taxes, transhipment taxes and charges for the provision of services.
   Provisional list of vessels authorised to fish
   Once it has received the fishing authorisation applications, Cape Verde shall immediately draw up, for each category of vessel, the provisional list of applicant vessels. This list shall be sent without delay to the national body responsible for supervising fishing, and to the EU.
   The EU shall forward the provisional list to the shipowner or to the consignee. If the EU offices are closed, Cape Verde may send the provisional list directly to the shipowner or their consignee with a copy to the EU.
   Issue of fishing authorisation
   Cape Verde shall issue the fishing authorisation to the EU within 15 days of receiving the full application file.
   Where a fishing authorisation is renewed during the period in which the Protocol applies, the new fishing authorisation must contain a clear reference to the initial fishing authorisation.
   The EU shall forward the fishing authorisation to the shipowner or to the consignee. If the EU offices are closed, Cape Verde may issue the fishing authorisation directly to the shipowner or their consignee and send a copy to the EU.
   List of vessels authorised to fish
   Once the fishing authorisation is issued, Cape Verde shall draw up immediately for each category of vessel the final list of vessels which are authorised to fish in the Cape Verdean zone. This list shall be sent immediately to the national body responsible for monitoring fishing and to the EU and shall replace the provisional list mentioned above.
   Period of validity of the fishing authorisation
   Fishing authorisations shall be valid for 1 year and be renewable.
   In order to establish the start of the period of validity, annual period shall mean:

               (i)

               for the first year of application of the Protocol, the period between the date of its entry into force and 31 December of the same year;

               (ii)

               then, each complete calendar year;

               (iii)

               for the last year of application of the Protocol, the period between 1 January and the date of expiry of the Protocol.

         Keeping the fishing authorisation on board
   The fishing authorisation must be kept on board at all times.
   However, vessels shall be authorised to fish as soon as they are included on the provisional list mentioned above. Vessels must keep the provisional list on board until their fishing authorisation is issued.
   Transfer of fishing authorisation
   The fishing authorisation shall be issued for a given vessel and shall not be transferable.
   However, in the case of force majeure and at the request of the EU, the fishing authorisation shall be replaced by a new authorisation, issued for another similar vessel or a substitute vessel.
   The transfer shall involve the fishing authorisation to be replaced being returned by the shipowner or their consignee in Cape Verde and Cape Verde drawing up the replacement authorisation as soon as possible. The replacement authorisation shall be issued as soon as possible to the shipowner or their consignee when the authorisation to be replaced is returned. The replacement authorisation shall take effect on the day on which the authorisation to be replaced is returned.
   Cape Verde shall update the list of vessels authorised to fish as soon as possible. The new list shall be sent without delay to the national body responsible for supervising fishing, and to the EU.
   Support vessels
   At the request of the EU, Cape Verde shall authorise EU vessels which are holders of a fishing authorisation to be assisted by support vessels. The support vessels shall fly the flag of an EU Member State or belong to an EU company, and may not be equipped for catching fish or be used for transhipments.
   Cape Verde shall define its support activities and the conditions for obtaining authorisations and shall draw up a list of authorised support vessels and send it without delay to the national body responsible for supervising fishing and to the EU.
   CHAPTER III

      TECHNICAL MEASURES

   Technical measures applicable to the vessels holding a fishing authorisation, relating to the zone, fishing gear and additional catch, shall be defined for each fishing category in the technical sheets contained in Appendix 2 to this Annex.
   The vessels shall respect all the recommendations adopted by the ICCAT (International Commission for the Conservation of Atlantic Tunas).
   CHAPTER IV

      CATCH REPORTING

   Fishing logbook
   The master of an EU vessel fishing under the Agreement shall keep a fishing logbook, for which the model for each category of fishing is included in Appendix 3 of this Annex.
   The fishing logbook shall be completed by the master for each day the vessel is present in the Cape Verde fishing zone.
   Each day the master shall record in the fishing logbook the quantity of each species, identified by its code alpha 3 of the FAO, caught and kept on board, expressed in kilograms of live weight or, where necessary, the number of individual fish. For each main species, the master shall also mention the bad catch.
   Where applicable, the master shall also record each day in the fishing logbook the quantities of each species thrown back into the sea, expressed in kilograms of live weight or, where necessary, the number of individual fish.
   The fishing logbook shall be filled in legibly, in block capitals, and shall be signed by the master.
   The master shall be responsible for the accuracy of the data recorded in the fishing logbook.
   Catch reporting
   The master shall notify the vessel’s catch by submitting to Cape Verde its fishing logbooks for the period of its presence in the Cape Verdean fishing zone.
   The fishing logbooks shall be transmitted in one of the following ways:

               (i)

               when passing through a Cape Verdean port, the original of each fishing logbook shall be submitted to the local representative of Cape Verde, who shall confirm receipt thereof in writing;

               (ii)

               when leaving the Cape Verde fishing zone without first passing through a Cape Verdean port, the original of each fishing logbook shall be sent within a period of 14 days after arrival in any other port, and in any case within a period of 30 days after leaving the Cape Verdean zone:

                           (a)

                           by letter sent to Cape Verde;

                           (b)

                           or by fax, to the number given by Cape Verde;

                           (c)

                           or by e-mail.

         The two Parties shall make every effort to establish a system for reporting catches based on the electronic exchange of all the data.
   As soon as Cape Verde is able to receive catch declarations by e-mail, the master shall send the fishing logbooks to Cape Verde at the e-mail address given by Cape Verde. Cape Verde shall confirm receipt thereof immediately by return e-mail.
   The master shall send a copy of all the fishing logbooks to the EU. For tuna-fishing vessels and surface longliners, the master shall also send a copy of all the fishing logbooks to one of the following scientific institutes:

               (i)

               Institut de recherche pour le développement (IRD);

               (ii)

               Instituto Español de Oceanografía (IEO);

               (iii)

               Instituto Português de Investigação Maritima (IPIMAR); or

               (iv)

               Instituto Nacional de Desenvolvimento das Pescas (INDP).

         The return of the vessel into the Cape Verdean zone within the period of validity of its fishing authorisation shall give rise to further catch reporting.
   Where the provisions concerning catch reporting are not observed, Cape Verde may suspend the fishing authorisation of the vessel concerned until the missing catch report is obtained and penalise the shipowner in accordance with the relevant provisions under the national legislation in force. If the offence is repeated, Cape Verde may refuse to renew the fishing authorisation. Cape Verde shall inform the EU immediately of any sanction applied in this context.
   Final statement of fees for the tuna-fishing vessels and surface longliners
   For each tuna-fishing vessel and surface longliner, the EU shall draw up, on the basis of its catch reporting confirmed by the above scientific institutes, a final statement of the fees owed by the vessel in respect of its annual season for the previous calendar year.
   The EU shall send this final statement to Cape Verde and to the shipowner before 31 July of the year in progress. Cape Verde may contest the final statement, on the basis of documentary proof, within 30 days of its being sent. In the case of disagreement, the Parties shall consult each other in the Joint Committee. If Cape Verde does not object within 30 days, the final statement shall be considered to be adopted.
   Where the final statement is greater than the anticipated flat-rate fee paid to obtain the fishing authorisation, the shipowner shall pay the outstanding balance to Cape Verde by 30 September of the year in progress. Where the final statement is less than the expected flat-rate fee, the remaining amount may not be reclaimed by the shipowner.
   CHAPTER V

      LANDINGS AND TRANSHIPMENTS

   The master of an EU vessel wishing to land in a Cape Verdean port, or to tranship catch from the Cape Verde zone, must notify Cape Verde, at least 24 hours before landing or transhipment, of the following:

               (a)

               the name of the fishing vessel which must land or tranship;

               (b)

               the port of landing or transhipment;

               (c)

               the date and time scheduled for the landing or transhipment;

               (d)

               the quantity (expressed in kilograms of live weight or, if necessary, the number of individual fish) of each species to be landed or transhipped (identified by its FAO alpha 3 code);

               (e)

               in the case of transhipment, the name of the receiving vessel;

               (f)

               the health certificate of the receiving vessel.

         The transhipment operation must be carried out in the waters of a Cape Verdean port authorised for this purpose. Transhipment at sea is prohibited.
   Non-compliance with these provisions shall lead to the application of the relevant sanctions provided for under Cape Verdean legislation.
   An EU vessel which lands in a Cape Verdean port, or which sells its catch to a processing factory in Cape Verde shall benefit from a financial incentive in the form of a partial reduction in the fee, in accordance with the limits set out in the technical sheets included in Appendix 2 of this Annex.
   CHAPTER VI

      CHECK

   Entering and leaving the zone
   Any entry into or departure from the Cape Verdean fishing zone of an EU vessel holding a fishing authorisation must be notified to Cape Verde within 3 hours of the entry or departure.
   When notifying its entry or departure, the vessel shall notify in particular:

               (i)

               the date, time and point of passage scheduled;

               (ii)

               the quantity of each species held on board, as identified by its FAO alpha 3 code and expressed in kilograms of live weight or, if necessary, the number of individual fish;

               (iii)

               product presentation.

         Notification shall be given preferably by e-mail or, failing that, by fax or radio, to an e-mail address, a telephone number or a frequency communicated by Cape Verde. Cape Verde shall immediately inform the vessels concerned and the EU of any change to the e-mail address, telephone number or transmission frequency.
   Any vessel found to be fishing in the Cape Verde zone without having previously notified its presence shall be considered to be an unauthorised fishing vessel.
   Inspection at sea
   The inspection at sea in the Cape Verde zone of EU vessels holding a fishing authorisation will be carried out by vessels and inspectors of Cape Verde who are clearly identified as being assigned to carry out fishing checks.
   Before going on board, the Cape Verdean inspectors shall warn the EU vessel of their decision to carry out an inspection. The inspection will be carried out by a maximum of two inspectors, who must provide proof of their identity and official position as an inspector before carrying out the inspection.
   The Cape Verdean inspectors will only stay on board the EU vessel for the time necessary to carry out tasks linked to the inspection. They shall carry out the inspection in a way which minimises the impact on the vessel, its fishing activity and cargo.
   Cape Verde may authorise the EU to participate in the inspection at sea as an observer.
   The master of the EU vessel shall allow the Cape Verdean inspectors to come on board and carry out their work.
   At the end of each inspection, the Cape Verdean inspectors shall draw up an inspection report. The master of the EU vessel has the right to make comments in the inspection report. The inspection report shall be signed by the inspector drawing up the report and the master of the EU vessel.
   The Cape Verdean inspectors shall send a copy of the inspection report to the master of the EU vessel before leaving the vessel. Cape Verde shall send a copy of the inspection report to the EU within a period of 8 days after the inspection.
   Inspection in port
   The inspection in port of EU vessels which land or tranship their catch from the Cape Verdean zone in the waters of a Cape Verdean port will be carried out by Cape Verde inspectors who are clearly identified as being assigned to carry out fishing checks.
   The inspection will be carried out by a maximum of two inspectors, who must provide proof of their identity and official position as an inspector before carrying out the inspection. The Cape Verde inspectors will only stay on board the EU vessel for the time necessary to carry out the tasks related to the inspection and shall conduct the inspection in such a way as to minimise the impact on the vessel, the landing or transhipment operation and the cargo.
   Cape Verde may authorise the EU to participate in the inspection in port as an observer.
   The master of the EU vessel shall allow the Cape Verdean inspectors to carry out their work.
   At the end of each inspection, the Cape Verdean inspector shall draw up an inspection report. The master of the EU vessel has the right to include his comments in the inspection report. The inspection report shall be signed by the inspector drawing up the report and the master of the EU vessel.
   The Cape Verdean inspectors shall give a copy of the inspection report to the master of the EU vessel at the end of the inspection. Cape Verde shall send a copy of the inspection report to the EU within a period of 8 days after the inspection.
   CHAPTER VII

      SATELLITE MONITORING SYSTEM (VMS)

   Vessel position messages – VMS system
   Whilst they are in the Cape Verdean zone, EU vessels holding a fishing authorisation must be equipped with a satellite monitoring system (Vessel Monitoring System – VMS) to enable automatic and continuous communication of their position, at all times, to the fishing control centre (Fisheries Monitoring Centre – FMC) of their flag state.
   Each position message must:

               (i)

               contain

                           (a)

                           the vessel identification;

                           (b)

                           the most recent geographical position of the vessel (longitude, latitude), with a position error of less than 500 metres, and with a confidence interval of 99 %;

                           (c)

                           the date and time the position is recorded;

                           (d)

                           the speed and the course of the vessel;

               (ii)

               be configured in accordance with the format included in Appendix 4 to this Annex.

         The first position recorded after entry into the Cape Verde zone will be identified by the code ‘ENT’. All subsequent positions will be identified by the code ‘POS’, with the exception of the first position recorded after departure from the Cape Verde zone, which will be identified by the code ‘EXI’.
   The FMC of the flag state shall ensure the automatic processing and, if necessary, the electronic transmission of the position messages. The position messages shall be recorded in a secure manner and kept for a period of 3 years.
   Transmission by the vessel in the event of breakdown of the VMS system
   The master shall ensure at all times that the VMS system of his vessel is fully operational and that the position messages are correctly transmitted to the FMC of the flag state.
   In the event of breakdown, the VMS system of the vessel will be repaired or replaced within 1 month. After that period, the vessel will no longer be authorised to fish in the Cape Verdean zone.
   Vessels fishing in the Cape Verdean zone with a defective VMS system must communicate their position messages by e-mail, radio or fax to the FMC of the flag state, at least every 4 hours, and must provide all the compulsory information.
   Secure communication of the position messages to Cape Verde
   The FMC of the flag state shall automatically send the position messages of the vessels concerned to the FMC of Cape Verde. The FMC of the flag state and Cape Verde shall exchange their contact e-mail addresses and inform each other without delay of any change to these addresses.
   The transmission of position messages between the FMCs of the flag state and Cape Verde shall be carried out electronically using a secure communication system.
   The FMC of Cape Verde shall inform the FMC of the flag state and the EU of any interruption in the receiving of consecutive position messages from a vessel holding a fishing authorisation, where the vessel concerned has not notified its departure from the zone.
   Malfunction of the communication system
   Cape Verde shall ensure the compatibility of its electronic equipment with that of the FMC of the flag state and inform the EU immediately of any malfunction as regards the communication and receiving of position messages with a view to finding a technical solution as soon as possible. The Joint Committee will deal with any possible dispute arising.
   The master will be considered to be responsible for any proven manipulation of the vessel’s VMS system aimed at disturbing its operation or falsifying its position messages. Any infringement will be subject to the penalties provided for by Cape Verdean legislation in force.
   Revision of the frequency of position messages
   On the basis of documentary evidence proving an infringement, Cape Verde may ask the FMC of the flag state, copying in the EU, to reduce the interval for sending position messages from a vessel to every 30 minutes for a set period of investigation. This documentary evidence must be sent by Cape Verde to the FMC of the flag state and the EU. The FMC of the flag state shall immediately send the position messages to Cape Verde at the new frequency.
   At the end of the set investigation period, Cape Verde shall inform the FMC of the flag state and the EU of any monitoring which is required.
   CHAPTER VIII

      INFRINGEMENTS

   Treatment of infringements
   Any infringement committed by an EU vessel holding a fishing authorisation in accordance with the provisions of this Annex must be mentioned in an inspection report.
   The signature of the inspection report by the master shall be without prejudice to the shipowner’s right of defence in respect of an infringement.
   Detention of a vessel – information meeting
   Where permitted under the Cape Verdean legislation in force regarding the infringement, any EU vessel having committed an infringement may be forced to cease its fishing activity and, where the vessel is at sea, to return to a Cape Verdean port.
   Cape Verde shall notify the EU within 24 hours of any detention of an EU vessel holding a fishing authorisation. This notification shall be accompanied by documentary evidence of the infringement.
   Before taking any measure against the vessel, the master, the crew or the cargo, with the exception of measures aimed at protecting evidence, Cape Verde shall organise, at the request of the EU, within 1 working day of notification of the detention of the vessel, an information meeting to clarify the facts which have led to the vessel being detained and to explain what further action may be taken. A representative of the flag state of the vessel may attend this information meeting.
   Penalties for infringements – Compromise procedure
   The penalty for the infringement shall be set by Cape Verde according to the provisions of the national legislation in force.
   Where settling the infringement involves legal proceedings, before these are launched, and provided that the infringement does not involve a criminal act, a compromise procedure shall be undertaken between Cape Verde and the EU in order to determine the terms and level of the sanction. A representative of the flag state of the vessel may participate in this compromise procedure. The compromise procedure shall finish at the latest 3 days after the notification of the detention of the vessel.
   Legal proceedings – Bank security
   If the compromise procedure fails and the infringement is brought before the competent court, the owner of the vessel which committed the infringement shall deposit a bank security at a bank designated by Cape Verde, the amount of which, as set by Cape Verde, covers the costs linked to the detention of the vessel, the estimated fine and any compensation. The bank security may not be recovered until the legal proceedings have been concluded.
   The bank security shall be released and returned to the shipowner without delay after the judgment has been given:

               (a)

               in full, if no penalty has been imposed;

               (b)

               for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of the bank security.

         Cape Verde shall inform the EU of the outcome of the legal proceedings within 8 days of the judgement being given.
   Release of the vessel and the crew
   The vessel and its crew shall be authorised to leave the port once the penalty has been paid in a compromise procedure, or once the bank security has been deposited.
   CHAPTER IX

      SIGNING-ON OF SEAMEN

   Number of seamen to sign on
   During their fishing season in the Cape Verdean zone, the EU vessels shall sign on Cape Verde seamen, subject to the following limits:

               (a)

               the tuna seiner fleet shall sign on at least six seamen;

               (b)

               the pole-and-line tuna fleet shall sign on at least two seamen;

               (c)

               the surface longliner fleet shall sign on at least five seamen.

         The owners of EU vessels shall endeavour to sign on additional Cape Verde seamen.
   Free choice of seamen
   Cape Verde holds a list of Cape Verde seamen qualified to be signed on for EU vessels.
   The shipowner, or their consignee, shall choose freely from the list of Cape Verde seamen to be signed on and shall notify Cape Verde of their inclusion in the crew.
   Seamen’s contracts
   The employment contract for Cape Verde seamen shall be drawn up by the shipowner or its consignee and the seaman, represented by their union, if necessary. It shall be signed by the Cape Verdean maritime authority. It shall stipulate in particular the date and port of signing on.
   These contracts shall guarantee the seamen the social security cover applicable to them in Cape Verde, including life assurance and sickness and accident insurance.
   A copy of the contract shall be given to the signatories.
   The basic working rights laid down in the declaration of the International Labour Organisation (ILO) shall be afforded to Cape Verde seamen. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
   Seamen’s wages
   The wages of the Cape Verde seamen shall be paid by the shipowner. They shall be set before the fishing authorisation is issued and by mutual agreement between the shipowner and its consignee in Cape Verde.
   The wages shall not be lower than those of crews on national vessels, nor the level determined by the ILO.
   Seamen’s obligations
   The seamen shall report to the master of the vessel to which they have been appointed the day before the signing-on date stipulated in their contract. The master shall inform the seaman of the date and time of signing on. If the seaman withdraws or does not present himself at the date and time stipulated for his signing on, his contract will be considered to be null and void and the shipowner will be automatically discharged from its obligation to sign him on. In this case the shipowner will not be liable for any financial penalty or compensation payment.
   Non-signing on of Cape Verdean seamen
   The shipowners of a fleet which does not sign on Cape Verde seamen will pay, before 30 September of the year in progress, for each seaman above the number set at the start of this Chapter, a flat-rate of EUR 20 for each day of presence of their vessels in the Cape Verdean zone.
   Cape Verde shall use this sum to finance training for national seamen.
   CHAPTER X

      CAPE VERDE OBSERVERS

   Observation of fishing activities
   Vessels holding a fishing authorisation shall be subject to a scheme for observing their fishing activities carried out within the framework of the Agreement.
   This observation scheme shall conform to the provisions provided for in the recommendations adopted by the ICCAT (International Commission for the Conservation of Atlantic Tunas).
   Designated vessels and observers
   Cape Verde shall designate the EU vessels which must allow an observer to embark and the observer assigned to them at the latest 15 days before the date provided for the embarkation of the observer.
   When the fishing authorisation is issued, Cape Verde shall inform the EU and the shipowner, or its consignee, of the designated vessels and observers and the times at which the observer will be present on board each vessel. Cape Verde shall immediately inform the EU and the shipowner or its consignee of any change in the designated vessels and observers.
   Cape Verde shall endeavour not to designate observers for vessels which already have an observer on board, or which are already formally obliged to allow an observer to embark during the fishing season in question as part of their activities in fishing zones other than the Cape Verdean zone.
   The observers shall not spend more time on board the vessel than is necessary to carry out their duties.
   Flat-rate financial contribution
   At the time the fee is paid, the shipowner shall pay Cape Verde a flat-rate sum of EUR 100 per year for each vessel.
   Observer’s salary
   The salary and social contributions of the observer shall be borne by the Cape Verdean authorities.
   Embarkation conditions
   The embarkation conditions for the observer, in particular the duration of presence on board, shall be defined by mutual agreement between the shipowner or its consignee and Cape Verde.
   Observers shall be treated as officers. However, receiving the observer on board shall take into account the technical structure of the vessel.
   The shipowner shall bear the costs of providing accommodation and food for the observer on board.
   The master shall take all the measures for which he is responsible to guarantee the physical safety and general wellbeing of the observer.
   Observers shall be offered every facility needed to carry out their duties. They shall have access to means of communication and to documents relating to the fishing activities of the vessel, in particular the fishing logbook and navigation log, and the parts of the vessel directly linked to their duties.
   Observer’s obligations
   Whilst they are on board observers shall:

               (a)

               take all appropriate measures so as not to interrupt or hinder fishing operations;

               (b)

               respect on-board property and equipment;

               (c)

               respect the confidential nature of any document belonging to the vessel.

         Embarkation and landing of observers
   The observer shall sign on in a port chosen by the shipowner.
   The shipowner or its representative shall notify Cape Verde, with a notice period of 10 days before the embarkation, of the date, time and port of embarkation of the observer. If the observer is embarked in a foreign country, their travel costs to the port of embarkation shall be borne by the shipowner.
   If the observer does not arrive to embark within 12 hours of the date and time set, the shipowner shall be automatically discharged from its obligation to allow the observer to embark. It shall be free to leave the port and start fishing operations.
   Where the observer is not disembarked in a Cape Verdean port, the shipowner shall bear the costs of repatriation of the observer to Cape Verde as soon as possible.
   Observer’s obligations
   The observer shall carry out the following duties:

               (a)

               observe the fishing activities of the vessel;

               (b)

               verify the position of the vessel during fisheries operations;

               (c)

               perform biological sampling in the context of a scientific programme;

               (d)

               note the fishing gear used;

               (e)

               verify the catch data for the Cape Verdean zone recorded in the logbook,

               (f)

               verify the percentages of by-catches and estimate the discarded catches;

               (g)

               communicate observations by radio, fax or e-mail at least once a week while the vessel is fishing in the Cape Verdean zone, including the quantity of catches and by-catches on board.

         Observer’s report
   Before leaving the vessel, the observer shall submit a report of his observations to the master of the vessel. The master of the vessel shall have the right to make comments in the observer’s report. The report shall be signed by the observer and the master. The master shall receive a copy of the observer’s report.
   The observer shall send his report to Cape Verde, which shall send a copy of it to the EU within 8 days of the disembarkation of the observer.


Avis juridique important

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31991D0097

91/97/EEC: Council Decision of 21 December 1990 concerning the provisional application of the agreed minute amending the Agreement between the European Economic Community and the Republic of Poland on trade in textile products

Official Journal L 053 , 27/02/1991 P. 0026 - 0026

COUNCIL DECISION  of 21 December 1990   concerning the provisional application of the Agreed Minute amending the Agreement between the  European Economic Community and the Republic of Poland on trade in textile products (91/97/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular  Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, pursuant to Decision 87/300/EEC(1), the Agreement between the European Economic Community  and the Republic of Poland on trade in textile products, initialled on 27 July 1986, has been  provisionally applied, in so far as it affects the Community, since 1 January 1987, pending  completion of the procedures necessary for its conclusion;  Whereas that Agreement includes provision for consultations;  Whereas Poland accepted the Community's offer to integrate into the Agreement for 1991 provisions  for the reimport of textile products after processing, manufacturing or working in that country, in  accordance with the relevant Community legislation;  Whereas it was agreed that the Agreed Minute of the consultations that took place on that matter  will be applied provisionally as from 1 January 1991 pending the  completion of the procedures necessary for its conclusion, provided that there is a reciprocal  provisional application on the part of the other Contracting Party,  HAS DECIDED AS FOLLOWS:  Sole Article The Agreed Minute amending the Agreement between the European  Economic Community and the Republic of Poland on trade in textile products shall be applied  provisionally as from 1 January 1991 pending its formal conclusion, providing that there is a  reciprocal provisional application by the other Contracting Party.  The text of the Agreed Minute is attached to this Decision.  Done at Brussels, 21 December 1990.  For the Council The President A. RUBERTI (1)OJ N° L 156, 16. 6. 1987, p. 40.


title: Commission Decision of 14 July 2017 on the members of the advisory group on the food chain and animal and plant health established by Decision 2004/613/EC

text:
               15.7.2017

               EN

               Official Journal of the European Union

               C 230/25

         COMMISSION DECISION
   of 14 July 2017
   on the members of the advisory group on the food chain and animal and plant health established by Decision 2004/613/EC
   (2017/C 230/05)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 2004/613/EC of 6 August 2004 (1) concerning the creation of an advisory group on the food chain and animal and plant health, and in particular Article 3 thereof,
   Whereas:

               (1)

               An advisory group on the food chain and animal and plant health has been established by Decision 2004/613/EC with effect from 25 August 2004. This group is consulted by the Commission on its programme of work on food and feed safety, food and feed labelling and presentation, human nutrition in relation to food legislation, animal health and welfare, and plant health and also on any measures which the Commission has to take or propose in these fields.

               (2)

               Pursuant to Article 3(3) of Decision 2004/613/EC, the Commission shall select representative European bodies which most effectively meet the criteria referred to in Article 3(1) of that Decision and who have responded to the call for applications.

               (3)

               The Commission originally selected 36 members of the advisory group. The list of original members was published in the Official Journal of the European Union in 2005 (2).

               (4)

               The membership of the advisory group was extended by Decision 2011/242/EU (3).

               (5)

               The Commission has now revised the membership of the advisory group, in particular to take into account the requirements set up by the revised horizontal rules for Commission Expert Groups (4). Following a call for applications, 45 members have been selected.

               (6)

               All members of the advisory group have equal status,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission appoints as members of the advisory group on the food chain and animal and plant health the stakeholder bodies listed in the Annex.
   Article 2
   Appointment
   Members shall be appointed for 5 years. Their term of office may be renewed.
   Article 3
   Repeal
   Decision 2011/242/EU is repealed.
   Article 4
   Applicability
   This Decision is applicable as of the date of its adoption.

      Done at Brussels, 14 July 2017.

            For the Commission

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  OJ L 275, 25.8.2004, p. 17.

      (2)  OJ C 97, 21.4.2005, p. 2.

      (3)  OJ L 101, 15.4.2011, p. 126.

      (4)  Commission Decision C(2016) 3301 final.

      ANNEX

                  AESGP

                  Association of the European Self-Medication Industry

                  AIPCE-CEP

                  European Fish Processors & Traders Association

                  AVEC

                  Association de l’Aviculture, de l’Industrie et du Commerce de Volailles dans les Pays de l’Union Européenne

                  BEUC

                  Bureau Européen des Unions de Consommateurs

                  CEFIC

                  European Chemical Industry Council

                  CELCAA

                  European Liaison Committee for Agriculture and agri-food trade

                  CLITRAVI

                  Centre de liaison des industries transformatrices de viande de l’UE

                  COCERAL

                  Comité du commerce des céréales, aliments du bétail, oléagineux, huile d’olive, huiles et graisses et agrofournitures de l’UE

                  COGECA

                  European agri-cooperatives

                  COPA

                  European farmers

                  ECPA

                  European Crop Protection Association

                  ECSLA

                  European Cold Storage and Logistics Association

                  EFFAT

                  European Federation of Food, Agriculture and Tourism Trade Unions

                  EFPRA

                  European Fat Processors & Renderers Association

                  EHPM

                  European Federation of Associations of Health Product Manufacturers

                  ELO

                  European Landowners’ Organization asbl

                  ENA

                  European Nurserystock Association

                  EOCC

                  European Organic Certifiers Council

                  EPBA

                  European Professional Beekeepers Association

                  EU specialty food ingredients

                  Federation of European Specialty Food Ingredients Industries (previously known as ELC)

                  EUROCOMMERCE

                  EuroCommerce

                  EUROCOOP

                  European Community of Consumer Cooperatives

                  EUROGROUP FOR ANIMALS

                  Eurogroup for Animals

                  FACE

                  Federation of Associations for Hunting & Conservation of the EU

                  FEAP

                  Federation of European Aquaculture Producers

                  FEDIAF

                  Fédération européenne des industries des aliments pour animaux familiers

                  FEFAC

                  Fédération Européenne des Fabricants d’Aliments Composés

                  FEFANA

                  EU Association of Specialty Feed Ingredients and their Mixtures

                  FESASS

                  Fédération Européenne pour la Santé Animale et la Sécurité Sanitaire

                  FoEE

                  Friends of the Earth Europe

                  FOODDRINKEUROPE

                  FoodDrinkEurope

                  FOODSERVICE EUROPE

                  FoodServiceEurope

                  FRESHFEL

                  Freshfel Europe — the forum for the European fresh fruits and vegetables chain

                  FVE

                  Federation of Veterinarians of Europe

                  HOTREC

                  HOTREC, Hotels, Restaurants & Cafés in Europe

                  IFAH-EUROPE

                  International Federation for Animal Health-Europe AISBL

                  IFOAM EU GROUP

                  International Federation of Organic Agriculture Movements EU Regional Group

                  INDEPENDENT RETAIL EUROPE

                  Independent Retail Europe (formerly UGAL) - Union of Groups of Independent Retailers of Europe

                  IPIFF

                  International Platform of Insects for Food & Feed Association

                  PAN EUROPE

                  Pesticide Action Network Europe

                  PFP

                  Primary Food Processors

                  SLOW FOOD

                  Slow Food (NA)

                  SNE

                  Specialised Nutrition Europe

                  UEAPME

                  Union européenne de l’Artisanat et des petites et moyennes entreprises, aisbl

                  UECBV

                  Union Européenne du Commerce du Bétail et de la Viande


title: 2014/831/EU: Council Decision of 7 November 2014 establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 4, 6, 11, 13, 13-H, 19, 25, 34, 37, 43, 44, 48, 53, 70, 96, 98, 104, 105, 106, 107, 112, 113, 121, 128, on the new UN Global Technical Regulation on tyres, and on an amendment to Mutual Resolution No 1

text:
               27.11.2014

               EN

               Official Journal of the European Union

               L 341/11

         COUNCIL DECISION
   of 7 November 2014
   establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 4, 6, 11, 13, 13-H, 19, 25, 34, 37, 43, 44, 48, 53, 70, 96, 98, 104, 105, 106, 107, 112, 113, 121, 128, on the new UN Global Technical Regulation on tyres, and on an amendment to Mutual Resolution No 1

      (2014/831/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with Council Decision 97/836/EC (1), the Union acceded to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’).

               (2)

               In accordance with Council Decision 2000/125/EC (2), the Union acceded to the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’).

               (3)

               Directive 2007/46/EC of the European Parliament and of the Council (3) replaced the approval systems of the Member States with a Union approval procedure and established a harmonised framework containing administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated UN regulations in the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation. Since the adoption of that Directive, UN regulations have increasingly replaced Union legislation in the framework of the EU type-approval.

               (4)

               In the light of experience and technical developments, the requirements relating to certain elements or features covered by UN Regulations Nos 4, 6, 11, 13, 13-H, 19, 25, 34, 37, 43, 44, 48, 53, 70, 96, 98, 104, 105, 106, 107, 112, 113, 121, 128 need to be adapted.

               (5)

               In order to harmonise the relevant safety provisions for the type-approval of motor vehicles, the new UN Global Technical Regulation on tyres should be adopted. Also, an amendment to Mutual Resolution No 1 needs to be adopted to reflect technical progress.

               (6)

               It is therefore necessary to establish the position to be adopted on the Union's behalf in the Administrative Committee of the Revised 1958 Agreement and in the Executive Committee of the Parallel Agreement, as regards the adoption of those UN acts,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union in the Administrative Committee of the Revised 1958 Agreement and in the Executive Committee of the Parallel Agreement on 11 to 14 November 2014 shall be to vote in favour of the UN acts listed in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 November 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, p. 78).

      (2)  Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion of the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’) (OJ L 35, 10.2.2000, p. 12).

      (3)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

      ANNEX

                  Proposal for Supplement 18 to Regulation No 4 (Rear registration plate lamps)

                  ECE/TRANS/WP.29/2014/54

                  Proposal for Supplement 26 to the 01 series of amendments to Regulation No 6 (Direction indicators)

                  ECE/TRANS/WP.29/2014/55

                  Proposal for the 04 series of amendments to Regulation No 11 (Door latches and hinges)

                  ECE/TRANS/WP.29/2014/71

                  Proposal for Supplement 12 to the 11 series of amendments to Regulation No 13 (Heavy vehicle braking)

                  ECE/TRANS/WP.29/2014/45/Rev.1

                  Proposal for Supplement 16 to Regulation No 13-H (Brakes of M1 and N1 vehicles)

                  ECE/TRANS/WP.29/2014/46/Rev.1

                  Proposal for Supplement 7 to the 04 series of amendments to Regulation No 19 (Front fog lamps)

                  ECE/TRANS/WP.29/2013/75/Rev.1

                  Proposal for Supplement 1 to the 04 series of amendments to Regulation No 25 (Head restraints)

                  ECE/TRANS/WP.29/2014/72

                  Proposal for the 03 series of amendments to Regulation No 34 (Prevention of fire risks)

                  ECE/TRANS/WP.29/2014/65
                  WP.29-164-06

                  Proposal for Supplement 43 to the 03 series of amendments to Regulation No 37 (Filament lamps)

                  ECE/TRANS/WP.29/2014/56

                  Proposal for Supplement 3 to the 01 series of amendments to Regulation No 43 (Safety glazing)

                  ECE/TRANS/WP.29/2014/66

                  Proposal for Supplement 3 to the 01 series of amendments to Regulation No 43 (Safety glazing)

                  ECE/TRANS/WP.29/2014/67

                  Proposal for Supplement 9 to the 04 series of amendments to Regulation No 44 (Child Restraint Systems)

                  ECE/TRANS/WP.29/2014/73

                  Proposal for Supplement 14 to the 04 series of amendments to Regulation No 48 (Installation of lighting and light-signalling devices)

                  ECE/TRANS/WP.29/2014/57

                  Proposal for Supplement 7 to the 05 series of amendments to Regulation No 48 (Installation of lighting and light-signalling devices)

                  ECE/TRANS/WP.29/2014/58

                  Proposal for Supplement 5 to the 06 series of amendments to Regulation No 48 (Installation of lighting and light-signalling devices)

                  ECE/TRANS/WP.29/2014/59

                  Proposal for Supplement 16 to the 01 series of amendments to Regulation No 53 (Installation of lighting and light-signalling devices for L3 vehicles)

                  ECE/TRANS/WP.29/2014/60

                  Proposal for Supplement 9 to the 01 series of amendments to Regulation No 70 (Rear marking plates for heavy and long vehicles)

                  ECE/TRANS/WP.29/2014/61

                  Proposal for Supplement 1 to the 04 series of amendments to UN Regulation No 96 (Diesel emission (agricultural tractors))

                  ECE/TRANS/WP.29/2014/75

                  Proposal for Supplement 5 to the 01 series of amendments to Regulation No 98 (Headlamps with gas-discharge light sources)

                  ECE/TRANS/WP.29/2013/90/Rev.1

                  Proposal for Supplement 8 to Regulation No 104 (Retro-reflective markings)

                  ECE/TRANS/WP.29/2014/62

                  Proposal for Supplement 2 to the 05 series of amendments to Regulation No 105 (ADR vehicles)

                  ECE/TRANS/WP.29/2014/68

                  Proposal for Supplement 11 to Regulation No 106 (Tyres for agricultural vehicles)

                  ECE/TRANS/WP.29/2014/50/Rev.1

                  Proposal for Supplement 2 to the 05 series of amendments to Regulation No 107 (M2 and M3 vehicles)

                  ECE/TRANS/WP.29/2014/69

                  Proposal for Supplement 1 to the 06 series of amendments to Regulation No 107 (M2 and M3 vehicles)

                  ECE/TRANS/WP.29/2014/70

                  Proposal for Supplement 5 to the 01 series of amendments to Regulation No 112 (Headlamps emitting an asymmetrical passing-beam)

                  ECE/TRANS/WP.29/2013/92/Rev.1

                  Proposal for Supplement 4 to the 01 series of amendments to Regulation No 113 (Headlamps emitting a symmetrical passing-beam)

                  ECE/TRANS/WP.29/2014/63

                  Proposal for Supplement 4 to the 01 series of amendments to Regulation No 113 (Headlamps emitting a symmetrical passing-beam)

                  ECE/TRANS/WP.29/2013/93/Rev.1

                  Proposal for the 01 series of amendments to Regulation No 121 (Identification of controls, tell-tales and indicators)

                  ECE/TRANS/WP.29/2012/30
                  ECE/TRANS/WP.29/2012/30/Corr.1

                  Proposal for Supplement 3 to Regulation No 128 (LED light sources)

                  ECE/TRANS/WP.29/2014/64

                  Proposal for a new draft gtr on tyres

                  ECE/TRANS/WP.29/2013/63
                  ECE/TRANS/WP.29/2014/83
                  ECE/TRANS/WP.29/2013/122
                  ECE/TRANS/WP.29/AC.3/15
                  WP.29-164-04

                  Proposal for amendments to Mutual Resolution No 1 (M.R.1)

                  ECE/TRANS/WP.29/2014/89


title: 2007/168/EC: Council Decision of 22 February 2007 appointing the Vice-President of the Community Plant Variety Office

text:
               17.3.2007

               EN

               Official Journal of the European Union

               L 78/27

      COUNCIL DECISION

   of 22 February 2007
   appointing the Vice-President of the Community Plant Variety Office
   (2007/168/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 43(3) thereof,
   Having regard to the list of candidates proposed by the Commission on 22 November 2006, after obtaining the opinion of the Administrative Council of the Community Plant Variety Office and after consultation of the President of the Community Plant Variety Office,
   HAS DECIDED AS FOLLOWS:
   Article 1
   1.   Mr Carlos PEREIRA GODINHO is hereby appointed Vice-President of the Community Plant Variety Office (hereinafter the Office) for a period of five years, at grade AD 12, in accordance with the vacancy notice published in the Official Journal of 6 April 2006 (2).
   2.   The term of office of Mr Carlos PEREIRA GODINHO shall run from the date on which he takes up his duties, and this date shall be agreed between the President and the Administrative Council of the Office.
   Article 2
   The Chairman of the Administrative Council of the Office shall be empowered to sign the contract of employment with Mr Carlos PEREIRA GODINHO.
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 February 2007.

            For the Council

            The President

         F. MÜNTEFERING

      (1)  OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation (EC) No 873/2004 (OJ L 162, 30.4.2004, p. 38).

      (2)  Publication of a vacancy for Vice-President of the Community Plant Variety Office (Grade A*12) (OJ C 83A, 6.4.2006, p. 1).


Avis juridique important

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32001D0379

2001/379/EC: Council Decision of 4 April 2001 on the approval, on behalf of the European Community, of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals

Official Journal L 134 , 17/05/2001 P. 0040 - 0040

Council Decisionof 4 April 2001on the approval, on behalf of the European Community, of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals(2001/379/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with Article 300(2), first sentence of the first subparagraph, and (3), first subparagraph, thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Community signed in Aarhus on 24 June 1998 the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals (hereinafter "the Protocol").(2) The Protocol aims at controlling emissions of heavy metals caused by anthropogenic activities that are subject to long-range transboundary atmospheric transport and that are likely to have significant adverse effects on human health or the environment.(3) The Protocol stipulates the reduction of total annual emissions into the atmosphere of cadmium, lead and mercury, and the application of product control measures.(4) The measures envisaged in the Protocol contribute to achieving objectives of the Community policy on environment.(5) The Community and the Member States cooperate, in the framework of their respective competences, with non-member countries and the competent international organisations.(6) The Community should approve the Protocol,HAS DECIDED AS FOLLOWS:Article 1The Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals, signed on 24 June 1998, is hereby approved on behalf of the European Community.The text of the Protocol is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to deposit the instrument of approval with the Secretary-General of the United Nations, in accordance with Article 16 of the Protocol.Article 3This Decision will be published in the Official Journal of the European Communities.Done at Luxembourg, 4 April 2001.For the CouncilThe PresidentB. Rosengren(1) OJ C 311 E, 31.10.2000, p. 136.(2) Opinion given on 24 October 2000 (not yet published in the Official Journal).


title: 2006/332/EC: Council Decision of  25 April 2006  appointing two Czech members and two Czech alternate members to the Committee of the Regions

text:
               9.5.2006

               EN

               Official Journal of the European Union

               L 122/28

      COUNCIL DECISION

   of 25 April 2006
   appointing two Czech members and two Czech alternate members to the Committee of the Regions
   (2006/332/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Czech Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A seat as a member of the Committee of the Regions has become vacant following the expiry of the mandate of Mr František DOHNAL. A second member's seat has become vacant following the resignation of Mr Martin TESAŘÍK. An alternate member's seat will become vacant following the appointment as member of Mr Stanislav JURÁNEK, currently an alternate member. A second alternate member's seat will become vacant following the appointment as member of Mr Petr OSVALD, currently an alternate member,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions:

               (a)

               as members:

                           —

                           Mr Stanislav JURÁNEK, President of the Regional Council of Jihomoravský kraj, in place of Mr František DOHNAL,

                           —

                           Mr Petr OSVALD, Member of the town assembly of the City of Plzeň, Plzeňský kraj in place of Mr Martin TESAŘÍK;

               (b)

               as alternate members:

                           —

                           Mr Miloš VYSTRČIL, President of the Regional Council of Vysočina kraj, in place of Mr Stanislav JURÁNEK,

                           —

                           Mr Martin TESAŘÍK, Lord Mayor of the City of Olomouc, Olomoucký kraj in place of Mr Petr OSVALD.

         For the remainder of the term of office, which ends on 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Luxembourg, 25 April 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Council Decision (CFSP) 2015/970 of 22 June 2015 extending the mandate of the European Union Special Representative in Bosnia and Herzegovina

text:
               23.6.2015

               EN

               Official Journal of the European Union

               L 157/45

         COUNCIL DECISION (CFSP) 2015/970
   of 22 June 2015
   extending the mandate of the European Union Special Representative in Bosnia and Herzegovina
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 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 15 December 2014, the Council adopted Conclusions outlining the Union's renewed approach to Bosnia and Herzegovina.

               (2)

               On 19 January 2015, the Council adopted Decision (CFSP) 2015/77 (1) appointing Mr Lars-Gunnar WIGEMARK as the European Union Special Representative (EUSR) in Bosnia and Herzegovina.

               (3)

               The mandate of the EUSR is to expire on 30 June 2015.

               (4)

               The mandate of the EUSR should be extended for a further period of four months.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Lars-Gunnar WIGEMARK as the European Union Special Representative (EUSR) is hereby extended until 31 October 2015. 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 following policy objectives of the Union in Bosnia and Herzegovina (BiH): continued progress in the Stabilisation and Association Process, with the aim of a stable, viable, peaceful and multi-ethnic and united BiH, cooperating peacefully with its neighbours and irreversibly on track towards membership of the Union. The Union will also continue to support the implementation of the General Framework Agreement for Peace (GFAP) in BiH.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               offer the Union's advice and facilitate the political process;

               (b)

               ensure consistency and coherence of Union action;

               (c)

               facilitate progress on political, economic and European priorities;

               (d)

               monitor and advise the executive and legislative authorities at all levels of government in BiH, and liaise with the authorities and political parties in BiH;

               (e)

               ensure the implementation of the Union's efforts in the whole range of activities in the field of the rule of law and the security sector reform, promote overall Union coordination of, and give local political direction to, Union efforts in tackling organised crime and corruption and, in this context, provide the HR and the Commission with assessments and advice as necessary;

               (f)

               provide support for a reinforced and more effective interface between criminal justice and the police in BiH;

               (g)

               without prejudice to the military chain of command, offer the EU Force Commander political guidance on military issues with a local political dimension, in particular concerning sensitive operations, relations with local authorities and with the local media; consult with the EU Force Commander before taking political action that may have an impact on the security situation;

               (h)

               coordinate and implement the Union's communication efforts on Union issues towards the public in BiH;

               (i)

               promote the process of EU integration through targeted public diplomacy and Union outreach activities designed to ensure a broader understanding and support from the BiH public on EU related matters, including by means of engagement of local civil society actors;

               (j)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in BiH, in accordance with the Union's human rights policy and the Union Guidelines on Human Rights;

               (k)

               engage with relevant BiH authorities on their full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY);

               (l)

               in line with the Union integration process, advise, assist, facilitate and monitor political dialogue on the necessary constitutional changes;

               (m)

               maintain close contacts and consultations with the High Representative in BiH and other relevant international organisations working in the country;

               (n)

               provide advice to the HR as necessary concerning natural or legal persons on whom restrictive measures could be imposed in view of the situation in BiH;

               (o)

               without prejudice to the applicable chains of command, help to ensure that all Union instruments in the field are applied coherently to attain the Union's policy objectives.

         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 mandate of the EUSR in the period from 1 July 2015 to 31 October 2015 shall be EUR 1 700 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. Nationals of the countries of the Western Balkans region shall be allowed to tender for contracts.
   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 his mandate and to contribute to the coherence, visibility and effectiveness of Union action in BiH overall. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include members having 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 his 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 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 posted to 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, 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 his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his 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
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (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.   The 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 mandate of the EUSR and the security situation in the area of responsibility, for the security of all personnel under the direct authority of the EUSR, 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 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 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 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 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 Union delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations in the region and Member States' Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with international and regional actors in the field, and in particular maintain close coordination with the High Representative in BiH.
   3.   In support of Union crisis management operations, the EUSR, with other Union actors present in the field, shall improve the dissemination and sharing of information by those Union actors with a view to achieving a high degree of common situation awareness and assessment.
   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 BiH, 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 mandate implementation report by the end of September 2015.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 July 2015.

      Done at Luxembourg, 22 June 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision (CFSP) 2015/77 of 19 January 2015 appointing the European Union Special Representative in Bosnia and Herzegovina (OJ L 13, 20.1.2015, p. 7).

      (2)  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).