title: 2010/664/EU: Decision of the European Parliament and of the Council of 20 October 2010 on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/003 ES/Galicia Textiles from Spain)

text:
               4.11.2010

               EN

               Official Journal of the European Union

               L 286/20

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 20 October 2010
   on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/003 ES/Galicia Textiles from Spain)
   (2010/664/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Spain submitted an application to mobilise the EGF, in respect of redundancies in 82 enterprises operating in the NACE Revision 2 Division 14 (manufacture of wearing apparel) in a single NUTS II region, Galicia (ES11) on 5 February 2010 and supplemented it by additional information up to 11 May 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 844 700.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Spain,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund (EGF) shall be mobilised to provide the sum of EUR 1 844 700 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 20 October 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: 2006/203/EC: Decision No 202 of  17 March 2005  on model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 001, E 101, E 102, E 103, E 104, E 106, E 107, E 108, E 109, E 112, E 115, E 116, E 117, E 118, E 120, E 121, E 123, E 124, E 125, E 126 and E 127)   (Text with EEA relevance)

text:
               15.3.2006

               EN

               Official Journal of the European Union

               L 77/1

      DECISION No 202
   of 17 March 2005
   on model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 001, E 101, E 102, E 103, E 104, E 106, E 107, E 108, E 109, E 112, E 115, E 116, E 117, E 118, E 120, E 121, E 123, E 124, E 125, E 126 and E 127)
   (Text with EEA relevance and for the EU/Switzerland Agreement)
   (2006/203/EC)
   THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), pursuant to which it is the duty of the Administrative Commission to deal with all administrative matters arising from Regulation (EEC) No 1408/71 and subsequent regulations,
   Having regard to Article 2(1) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (2) under which it is the duty of the Administrative Commission to draw up models of documents necessary for the application of the regulations,
   Having regard to Decision No 153 of 7 October 1993 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 001, E 103 to E 127) (3),
   Having regard to Decision No 164 of 27 November 1996 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 101 and E 102) (4),
   Having regard to Decision No 166 of 2 October 1997 on the amending of forms E 106 and E 109 (5),
   Having regard to Decision No 168 of 11 June 1998 on the amending of forms E 121 and E 127 and the discontinuance of form E 122 (6),
   Having regard to Decision No 179 of 18 April 2000 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 111, E 111 B, E 113 to E 118 and E 125 to E 127) (7),
   Having regard to Decision No 185 of 27 June 2002 amending Decision No 153 of 7 October 1993 (form E 108) (8),
   Having regard to Decision No 186 of 27 June 2002 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 101) (9),
   Whereas:

               (1)

               The enlargement of the European Union on 1 May 2004 requires forms E 001, E 101, E 102, E 103, E 104, E 106, E 107, E 108, E 109, E 112, E 115, E 116, E 117, E 118, E 120, E 121, E 123, E 124, E 125, E 126 and E 127 to be amended.

               (2)

               The Agreement on the European Economic Area (EEA Agreement) of 2 May 1992, supplemented by the Protocol of 17 March 1993, Annex VI, implements Regulations (EEC) No 1408/71 and (EEC) No 574/72 within the European Economic Area.

               (3)

               The European Community and its Member States, and the Swiss Confederation have concluded an Agreement on the free movement of persons (Swiss Agreement) which entered into force on 1 June 2002. Annex II to the Agreement refers to Regulations (EEC) No 1408/71 and (EEC) No 574/72.

               (4)

               For practical reasons, the forms used in the European Union and under the EEA and Swiss Agreements should be identical,

         HAS DECIDED AS FOLLOWS:

               1.

               Model form E 101 reproduced in Decision No 186 is replaced by the model appended hereto.

               2.

               Model form E 102 reproduced in Decision No 164 is replaced by the model appended hereto.

               3.

               Model form E 105 reproduced in Decision No 153 is repealed.
               Model forms E 001, E 103, E 104, E 107, E 112, E 120, E 123 and E 124 reproduced in Decision No 153 are replaced by the model forms appended hereto.

               4.

               Model forms E 106 and 109 reproduced in Decision No 166 are replaced by the models appended hereto.

               5.

               Model form E 108 reproduced in Decision No 185 is replaced by the model appended hereto.

               6.

               Model forms E 115, E 116, E 117, E 118, E 125, E 126 and E127 reproduced in Decision No 179 are replaced by the models appended hereto.

               7.

               Model form E 121 reproduced in Decision No 168 is replaced by the model appended hereto.

               8.

               The symbol of the State to which the institution completing the form belongs, is indicated in accordance with the following:
               ‘BE = Belgium; CZ = Czech Republic; DK = Denmark; DE = Germany; EE = Estonia; EL = Greece; ES = Spain; FR = France; IE = Ireland; IT = Italy; CY = Cyprus; LV = Latvia; LT = Lithuania; LU = Luxembourg; HU = Hungary; MT = Malta; NL = The Netherlands; AT = Austria; PL = Poland; PT = Portugal; SI = Slovenia; SK = Slovakia; FI = Finland; SE = Sweden; UK = United Kingdom; IS = Iceland; LI = Liechtenstein; NO = Norway; CH = Switzerland.’

               9.

               The competent authorities of the Member States shall make available to the parties concerned the forms according to the models appended hereto. These forms shall be available in the official languages of the Community and laid out in such manner that the different versions are perfectly superposable, thereby making it possible for all addressees to receive the form printed in their own language.

               10.

               This Decision, which replaces Decisions No 153, 164, 166, 168, 179, 185 and 186, shall be published in the Official Journal of the European Union. It shall apply from the first day of the month following its publication.

            The Chairman of the Administrative Commission

         Claude EWEN

      (1)  OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council (OJ L 17, 4.5.2005, p. 1).

      (2)  OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council.

      (3)  OJ L 244, 19.9.1994, p. 22.

      (4)  OJ L 216, 8.8.1997, p. 85.

      (5)  OJ L 195, 11.7.1998, p. 25.

      (6)  OJ L 195, 11.7.1998, p. 37

      (7)  OJ L 54, 25.2.2002, p. 1.

      (8)  OJ L 55, 1.3.2003, p. 74.

      (9)  OJ L 55, 1.3.2003, p. 80.


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31994D0166

94/166/EC: Council Decision of 10 March 1994 accepting Resolution No 47 on the introduction of an additional TIR carnet with higher guarantee adopted on 2 July 1993 by the Working Party of the Economic Commission for Europe (UN/ECE) on customs questions affecting transport

Official Journal L 076 , 18/03/1994 P. 0025 - 0027 Finnish special edition: Chapter 2 Volume 11 P. 0093  Swedish special edition: Chapter 2 Volume 11 P. 0093

COUNCIL DECISION of 10 March 1994 accepting Resolution No 47 on the introduction of an additional TIR carnet with higher guarantee adopted on 2 July 1993 by the Working Party of the Economic Commission for Europe (UN/ECE) on customs questions  affecting transport (94/166/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas Resolution No 47 provides for measures to ensure the proper application of the TIR Convention, 1975 and to provide a higher guarantee for the transport of certain types of goods involving a higher risk of fraudulent evasion of customs and other  duties;  Whereas having regard to its content this Resolution is of prime importance to the Community and should be accepted by it with immediate effect,  HAS DECIDED AS FOLLOWS:   Article 1  Resolution No 47 on the introduction of an additional TIR carnet with higher guarantee adopted on 2 July 1993 by the Working Party of the Economic Commission for Europe (UN/ECE) on customs questions affecting transport is hereby accepted on  behalf of the Community with immediate effect,  The text of the Resolution is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to notify the Executive Secretary of the Economic Commission for Europe of the Community's acceptance, with immediate effect, of the Resolution referred to in  Article 1.  Done at Brussels, 10 March 1994.  For the Council The President Y. PAPANTONIOU   INTRODUCTION OF AN ADDITIONAL TIR CARNET WITH HIGHER GUARANTEE Resolution No 47 adopted on 2 July 1993 by the UN/ECE Working Party on Customs Questions affecting Transport  THE WORKING PARTY ON CUSTOMS QUESTIONS AFFECTING TRANSPORT,  STRESSING the importance of the smooth functioning of the Customs Convention on the International Transport of Goods under Cover of TIR carnets (TIR Convention, 1975) to facilitate the international carriage of goods by road vehicles,  CONCERNED, about the recent increases in cases of fraud which may endanger the facilitation measures provided for in the TIR Convention, 1975,  AWARE of the difficulties faced by the international guaranteeing chain in providing adequate guarantees for high-risk goods from a customs point of view,  CONSIDERING that the introduction as soon as possible of a high-guarantee TIR Carnet covering tobacco and alcohol could provide a step towards a solution to these problems,  BEARING IN MIND the provisions of Annex 1 and Annex 6, explanatory note 0.8.3, of the TIR Convention, 1975,  DECIDES unanimously on the following interim measures taking effect before the relevant amendment to the TIR Convention, 1975 will come into force, possibly during the course of 1994:  In the case of transport of alcohol and tobacco, details of which are given below, customs authorities are recommended to increase the maximum amount which may be claimed from the guaranteeing associations to a sum equal to US $ 200 000:  1. undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher (HS code: 220710);  2. undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol, spirits, liqueurs and other spirituous beverages; compound alcoholic preparations of a kind used for the manufacture of beverages (HS code: 2208);  3. cigars, cheroots and cigarillos, containing tobacco (HS code: 240210);  4. cigarettes containing tobacco (HS code: 240220);  5. smoking tobacco, whether or not containing tobacco substitutes in any proportion (HS code: 240310).  For the transport of alcohol and tobacco given above, customs authorities shall request TIR carnets on which are printed in bold characters the words 'TOBACCO/ALCOHOL' and 'TABAC/ALCOOL' on the cover and all vouchers. In addition, these carnets must  contain an additional sheet providing details on the categories of tobacco and alcohol guaranteed as indicated above.  Existing 'TABAC' TIR carnets signed by Mr A. Westerink are no longer valid,  REQUESTS the International Road Transport Union (IRU), national guaranteeing associations and customs authorities to take all necessary steps in order to provide for the introduction of the 'TOBACCO/ALCOHOL' TIR carnet, as of 1 September 1993,  REQUESTS the Contracting Parties to the TIR Convention, 1975 to notify the Executive Secretary of the United Nations Economic Commission for Europe (UN/ECE) by 1 September 1993, whether they accept the 'TOBACCO/ALCOHOL' TIR carnet,  REQUESTS the Executive Secretary of the United Nations Economic Commission for Europe (UN/ECE) to inform all Contracting Parties to the TIR Convention, 1975 about the acceptance of the 'TOBACCO/ALCOHOL' TIR carnet.


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31989D0430

89/430/EEC, Euratom, ECSC: Commission Decision of 30 June 1989 adjusting the weightings applicable from 1 June 1989 and correcting the Commission Decision adjusting the weightings applicable from 1 May 1989 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 203 , 15/07/1989 P. 0055 - 0056

*****COMMISSION  DECISION  of 30 June 1989  adjusting the weightings applicable from 1 June 1989 and correcting the Commission Decision adjusting the weightings applicable from 1 May 1989 to the remuneration of officials of the European Communities serving in non-member countries  (89/430/EEC, Euratom, ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regad to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to Staff Regulations of Officials of the European Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 3982/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,  Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EEC, Euratom, ECSC) No 702/89 (3) laid down the weightings to be applied from 1 January 1989 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);  Whereas some of these weightings should be adjusted with effect from 1 June 1989 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted;  Whereas Commission Decision 89/316/EEC, Euratom, ECSC (5) adjusting the weightings applicable from 1 May 1989 needs to be corrected,  HAS DECIDED AS FOLLOWS:  Article 1  With effect from 1 June 1989 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.  Article 2  With effect from 1 May 1989 the weightings applicable to the remuneration of officials serving in Mauritania and Senegal payable in the currency of the country employment are readjusted as follows:  - Mauritania: 118,91,  - Senegal: 114,99.  Article 3  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.  Done at Brussels, 30 June 1989.  For the Commission  António CARDOSO E CUNHA  Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1.  (2) OJ No L 354, 22. 12. 1988, p. 1.  (3) OJ No L 78, 21. 3. 1989, p. 1.  (4) OJ No L 110, 21. 4. 1989, p. 50, OJ No L 110, 21. 4. 1989, p. 52, and OJ No L 126, 9. 5. 1989, p. 34.  (5) OJ No L 131, 13. 5. 1989, p. 69.  ANNEX  1.2 //  //  // Country of employment  // Weighting   //  //   //   //   // Brazil   // 103,25   // China   // 71,34  // Dominican Republic   // 46,12   // Indonesia   // 74,29  // Solomon Islands   // 80,70   // Somalia   // 41,08  // Sudan   // 123,92   // Syria   // 192,85   // Tonga  // 120,61   // Turkey   // 53,83   // Uganda   // 88,91  // Yugoslavia   // 31,76   // Zaire   // 83,25   //    //


title: Council Decision 2004/803/CFSP of 25 November 2004 on the launching of the European Union military operation in Bosnia and Herzegovina

text:
               27.11.2004

               EN

               Official Journal of the European Union

               L 353/21

      COUNCIL DECISION 2004/803/CFSP
   of 25 November 2004
   on the launching of the European Union military operation in Bosnia and Herzegovina
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 17 thereof,
   Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               On 9 July 2004 the United Nations Security Council unanimously adopted Resolution 1551 (2004) welcoming the European Union's intention to launch an EU mission to Bosnia and Herzegovina, including a military component, from December 2004, under the terms set out in the letter of 29 June 2004 from the Minister of Foreign Affairs of Ireland and President of the Council of the European Union to the Presidency of the Security Council. The United Nations Security Council further decided that the status of forces agreements currently contained in Appendix B to Annex 1.A of the Peace Agreement shall apply provisionally in respect to the proposed EU mission and its forces, including from the point of their build-up in Bosnia and Herzegovina, in anticipation of the concurrence of the parties to those agreements to that effect.

               (2)

               On 22 November 2004 the United Nations Security Council unanimously adopted Resolution 1575 (2004), inter alia authorising the Member States, acting through or in cooperation with the EU, to establish for an initial planned period of 12 months a multinational stabilisation force (EUFOR) as a legal successor to SFOR under unified command and control, which will fulfil its missions in relation to the implementation of Annex 1-A and Annex 2 of the Peace Agreement in cooperation with the NATO HQ presence in accordance with the arrangements agreed between NATO and the EU as communicated to the Security Council, which recognise that EUFOR will have the main peace stabilisation role under the military aspects of the Peace Agreement, and recognising that the Peace Agreement and the provisions of its previous relevant resolutions shall apply to and in respect of both EUFOR and the NATO presence as they have applied to and in respect of SFOR and that therefore references in the Peace Agreement, in particular in Annex 1-A and its appendices, and relevant resolutions to IFOR and/or SFOR, NATO and the NAC shall henceforth be read as applying, as appropriate, to the NATO presence, EUFOR, the European Union and the Political and Security Committee and Council of the European Union respectively.

               (3)

               In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Denmark does not participate in the financing of the operation.

               (4)

               On 12 and 13 December 2002 the Copenhagen European Council adopted a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The EU military operation in Bosnia and Herzegovina, ALTHEA, shall be launched on 2 December 2004.
   Article 2
   The EU Operation Commander is hereby authorised with immediate effect to release the activation order (ACTORD) in order to execute the deployment of the forces, prior to Transfer of Authority following their arrival in theatre, and start execution of the mission on 2 December 2004.
   Article 3
   Without prejudice to Article 17 of Joint Action 2004/570/CFSP, this Decision shall remain in force until the Council decides to end the EU military operation in Bosnia and Herzegovina.
   Article 4
   This Decision shall enter into force on the date of its adoption.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 November 2004.

            For the Council

            The President

         L. J. BRINKHORST

      (1)  OJ L 252, 28.7.2004, p. 10.


European Parliament decision of 10 July 2007 on amendment of Rule201 of Parliament's Rules of Procedure on application and interpretation of the Rules of Procedure (2006/2192(REG))


title: Council Decision of 13 November 2012 appointing the members of the Scientific and Technical Committee

text:
               22.11.2012

               EN

               Official Journal of the European Union

               C 360/2

         COUNCIL DECISION
   of 13 November 2012
   appointing the members of the Scientific and Technical Committee
   2012/C 360/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,
   Having consulted the Commission,
   Whereas:

               (1)

               By its Decision of 22 January 2008 (1), the Council appointed the members of the Scientific and Technical Committee for the period of 22 January 2008 to 22 January 2013.

               (2)

               In order to allow the Scientific and Technical Committee to make full use of the wide range of expertise required in fulfilling its tasks, the Committee may, subject to its internal rules, call on alternates to the members to participate in its meetings.

               (3)

               Article 134(2) of the EAEC Treaty has been amended by Article 11 of the Act concerning the conditions of accession of the Republic of Croatia, and accordingly, it will be necessary to implement this provision on the occasion of the accession the Republic of Croatia,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members of the Scientific and Technical Committee for the period 23 January 2013 to 22 January 2018:

               Bertrand BARRE

               Jānis BĒRZIŅŠ

               Sten BJURSTRÖM

               Michel BOURGUIGNON

               Franck BRISCOE

               Michel CHATELIER

               Pavel CHRÁSKA

               Maurizio CUMO

               Panicos DEMETRIADES

               Daniela DIACONU

               Allan DUNCAN

               Sue ION

               Leonidas KAMARINOPOULOS

               Michael KAUFMANN

               Jørgen KJEMS

               Jan-Leen KLOOSTERMAN

               Latchezar Krumov KOSTOV

               Zdeněk KŘÍŽ

               Walter KUTSCHERA

               Peter LIŠKA

               Carlo LOMBARDI

               Cayetano LÓPEZ

               José Maria MARTÍNEZ-VAL PEÑALOSA

               Júlio Martins MONTALVÃO E SILVA

               Jerzy Wiktor NIEWODNICZAŃSKI

               Tom O’FLAHERTY

               Enn REALO

               Francesco ROMANELLI

               Michael SAILER

               Rainer SALOMAA

               Jean-Paul SAMAIN

               Edouard SINNER

               Borut SMODIŠ

               Zoltán SZATMÁRY

               Ioan URSU

               Eugenijus USPURAS

               Theofiel VAN RENTERGEM

               Carlos VARANDAS

               Andreas M. VERSTEEGH

               Hans-Josef ZIMMER

               Sándor ZOLETNIK

      Done at Brussels, 13 November 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ C 21, 26.1.2008, p. 2.


title: 2011/617/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the SESAR Joint Undertaking for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/259

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the SESAR Joint Undertaking for the financial year 2009
   (2011/617/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the SESAR Joint Undertaking for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the SESAR Joint Undertaking for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR) (3), and in particular Article 4b thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0124/2011),

               1.

               Approves the closure of the accounts of the SESAR Joint Undertaking for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Executive Director of the SESAR Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 342, 16.12.2010, p. 30.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 352, 31.12.2008, p. 12.

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


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31986D0202

86/202/EEC: Decision of the European Parliament of 18 April 1986 granting a discharge to the Commission in respect of the financial management of the second and third European Development Funds for the financial year 1984

Official Journal L 150 , 04/06/1986 P. 0027 - 0027

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 18 April 1986  granting a discharge to the Commission in respect of the financial management of the second and third European Development Funds for the financial year 1984  (86/202/EEC)  THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the Conventions signed in Yaoundé on 20 July 1963 and 29 July 1969,  - having regard to the balance sheets and accounts of the European Development Funds for the 1984 financial year (COM(85) 207 final),  - having regard to the Court of Auditors' report on the financial year 1984 accompanied by the replies of the institutions (1),  - having regard to the decisions of the Council concerning the granting of the discharge in respect of the second and third European Development Funds for the financial year 1984,  - whereas the Treaty of 22 July 1975 empowers the European Parliament to grant a discharge in respect of the financial activities of the Community,  - having regard sto the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-10/86),  1. Grants the Commission a discharge in respect of the financial management of the second and third European Development Funds in the financial year 1985 on the basis of the following expenditure:  Second European Development Fund 96 172 ECU  Third European Development Fund 8 192 849 ECU  2. Presents its remarks in the resolution accompanying this Decision;  3. Instructs its President to forward this Decision and the resolution containing its remarks to the Commission, the Council, the Court of Auditors and the European Investment Bank, and to arrange for its publication in the Official Journal of the European Communities (L series).  1.2 // The Secretary-General   // The President   // Enrico VINCI   // Pierre PFLIMLIN  (1) OJ No C 326, 16. 12. 1985, p. 1.


title: Council Decision (EU) 2015/1893 of 5 October 2015 on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the Republic of Madagascar and the European Community

text:
               22.10.2015

               EN

               Official Journal of the European Union

               L 277/1

         COUNCIL DECISION (EU) 2015/1893
   of 5 October 2015
   on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the Republic of Madagascar and the European Community
   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(6), second subparagraph, point (a), and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 15 November 2007, the Council adopted Regulation (EC) No 31/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar (1) (‘the Agreement’). The current Protocol expired on 31 December 2014.

               (2)

               The European Union has negotiated with the Republic of Madagascar a new protocol to the partnership agreement (‘the Protocol’) granting Union vessels fishing possibilities in the fishing zone over which the Republic of Madagascar has jurisdiction.

               (3)

               The Protocol was signed in accordance with Decision 2014/929/EU (2) and has been applied on a provisional basis since 1 January 2015.

               (4)

               Article 9 of the Agreement establishes a Joint Committee to monitor the application of the Agreement. Furthermore, in accordance with the Protocol, the Joint Committee may approve certain modifications to the Protocol. In order to facilitate the approval of such modifications, it is appropriate to empower the Commission, subject to specific conditions, to approve them under a simplified procedure.

               (5)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the Republic of Madagascar and the European Community is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16 of the Protocol.
   Article 3
   Subject to the provisions and conditions set out in the Annex to this Decision, the Commission shall be empowered to approve, on behalf of the Union, the modifications made to the Protocol by the Joint Committee.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 5 October 2015.

            For the Council

            The President

         N. SCHMIT

      (1)  OJ L 15, 18.1.2008, p. 1.

      (2)  OJ L 365, 19.12.2014, p. 6.

      ANNEX

         Scope of the empowerment and procedure for establishing the position of the Union in the Joint Committee

                  (1)

                  The Commission shall be authorised to negotiate with the Republic of Madagascar and, where appropriate and, subject to complying with point 3 of this Annex, agree on modifications to the Protocol in respect of the following issues:

                              (a)

                              review of fishing opportunities, as well as the review of the financial contribution and amendments of this Protocol and the Annex thereto, in accordance with Article 8(1) and (2) of the Protocol;

                              (b)

                              determining fishing possibilities in accordance with Article 9(6) of the Protocol;

                              (c)

                              a decision on the detailed arrangements of the sectoral support in accordance with Article 6 of the Protocol;

                              (d)

                              adoption of measures to ensure sustainable fishing resources covered by this Protocol and affecting the activities of fishing vessels of the Union, in accordance with Article 7(4) of the Protocol;

                              (e)

                              amendment of the provisions relating to conditions governing fishing activities and the rules on the implementation of the Protocol and the Annexes in accordance with Article 8(3) of the Protocol.

                  (2)

                  In the Joint Committee, the Union shall:

                              (a)

                              act in accordance with the objectives pursued by the Union within the framework of the common fisheries policy;

                              (b)

                              follow the Council Conclusions of 19 March 2012 on a Communication on the external dimension of the common fisheries policy;

                              (c)

                              promote positions that are consistent with the relevant rules adopted by Regional Fisheries Management Organisations.

                  (3)

                  When a decision on modifications to the Protocol referred to in point 1 is foreseen to be adopted during a Joint Committee Meeting, the necessary steps shall be taken so as to ensure that the position to be expressed on behalf of the Union takes account of the latest statistical, biological and other relevant information transmitted to the Commission.
                  To this effect and based on that information, a document setting out the particulars of the proposed Union position shall be transmitted by the Commission services, in sufficient time before the relevant Joint Committee Meeting, to the Council or to its preparatory bodies for consideration and approval.
                  In respect of the issues referred to in point 1(a) and (b), the approval of the envisaged Union position by the Council shall require a qualified majority of votes. In the other cases, the Union position envisaged in the preparatory document shall be deemed to be agreed, unless a number of Member States equivalent to a blocking minority objects during a meeting of the Council's preparatory body or within 20 days from receipt of the preparatory document, whichever occurs earlier. In case of such objection, the matter shall be referred to the Council.
                  If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.

                  (4)

                  The Commission is invited to take, in due time, any steps necessary as a follow up to the decision of the Joint Committee, including, where appropriate, a publication of the relevant decision in the Official Journal of the European Union and a submission of any proposal necessary for the implementation of such decision.


title: European Parliament decision of 29 November 2007 on the nomination of David Bostock as a Member of the Court of Auditors (C6-0304/2007 - 2007/0813(CNS))

text:
C 297 E/152                                        Official Journal of the European Union                               EN         20.11.2008
Thursday 29 November 2007
            P6_TA(2007)0563
            Residue levels of pesticide in or on food and feed (implementing powers
            conferred on the Commission) ***I
            European Parliament legislative resolution of 29 November 2007 on the proposal for a regulation of
            the European Parliament and the Council amending Regulation (EC) No 396/2005 on maximum
            residue levels of pesticides in or on food and feed as regards the implementing powers conferred
                            on the Commission (COM(2006)0908 — C6-0025/2007 — 2006/0294(COD))
            (Codecision procedure: first reading)
            The European Parliament,
            — having regard to the Commission proposal to the European Parliament and the Council
                 (COM(2006)0908),
            — having regard to Article 251 and Articles 37 and 152(4) of the EC Treaty, pursuant to which the
                 Commission submitted the proposal to Parliament (C6-0025/2007),
            — having regard to Rule 51 of its Rules of Procedure,
            — having regard to the report of the Committee on the Environment, Public Health and Food Safety
                 (A6-0342/2007),
            1.     Approves the Commission proposal as amended;
            2.     Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal
            substantially or replace it with another text;
            3.     Instructs its President to forward its position to the Council and Commission.
            P6_TC1-COD(2006)0294
            Position of the European Parliament adopted at first reading on 29 November 2007 with a view to
            the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amend-
            ing Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of
                 plant and animal origin, as regards the implementing powers conferred on the Commission
            (As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the
            final legislative act, Regulation (EC) No 299/2008.)
            P6_TA(2007)0564
            Appointment of a Member of the Court of Auditors (David Bostock)
            European Parliament decision of 29 November 2007 on the nomination of David Bostock as a
                                Member of the Court of Auditors (C6-0304/2007 — 2007/0813(CNS))
            The European Parliament,
            — having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to
                 which the Council consulted Parliament (C6-0304/2007),
 ---pagebreak--- 20.11.2008        EN                            Official Journal of the European Union                                      C 297 E/153
                                                                                Thursday 29 November 2007
           — having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control
                heard the Council's nominee for membership of the Court of Auditors and considered the nominee's
                qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of
                the Euratom Treaty,
           — having regard to Rule 101 of its Rules of Procedure,
           — having regard to the report of the Committee on Budgetary Control (A6-0439/2007),
           1.    Delivers a favourable opinion on the nomination of David Bostock as a Member of the Court of
           Auditors;
           2.    Instructs its President to forward this decision to the Council and, for information, the Court of
           Auditors and the other institutions of the European Communities, and the audit institutions of the Member
           States.
           P6_TA(2007)0565
           Appointment of a Member of the Court of Auditors (Michel Cretin)
           European Parliament decision of 29 November 2007 on the nomination of Michel Cretin as a
                            Member of the Court of Auditors (C6-0305/2007 — 2007/0814(CNS))
           The European Parliament,
           — having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to
                which the Council consulted Parliament (C6-0305/2007),
           — having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control
                heard the Council's nominee for membership of the Court of Auditors and considered the nominee's
                qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of
                the Euratom Treaty,
           — having regard to Rule 101 of its Rules of Procedure,
           — having regard to the report of the Committee on Budgetary Control (A6-0438/2007),
           1.    Delivers a favourable opinion on the nomination of Michel Cretin as a Member of the Court of
           Auditors;
           2.    Instructs its President to forward this decision to the Council and, for information, the Court of
           Auditors and the other institutions of the European Communities, and the audit institutions of the Member
           States.


Avis juridique important

|

31989D0233

89/233/EEC: Council Decision of 20 February 1989 concerning the provisional application of the Agreed Minute amending the Agreement between the European Economic Community and the Republic of the Philippines on trade in textile products

Official Journal L 095 , 08/04/1989 P. 0037 - 0037

*****COUNCIL  DECISION  of 20 February 1989  concerning the provisional application of the Agreed Minute amending the Agreement between the European Economic Community and the Republic of the Philippines on trade in textile products  (89/233/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 pending completion of the procedures necessary for its conclusion the Agreement between the European Economic Community and the Republic of the Philippines on trade in textile products, initialled on 28 June 1986, has been applied provisionally since 1 January 1987 in accordance with Decision 87/458/EEC (1) in so far as the Community is concerned;  Whereas that Agreement provides for the possibility of re-examining, in the light of recent trade developments, the quantitative adjustments to be made to the quotas for certain categories to allow for the introduction of the harmonized system;  Whereas following consultations between the Community and the Republic of the Philippines an Agreed Minute amending the quotas for categories 4, 5, 6, 7, 8, 15, 16, 21 and 74 laid down in the Agreement was initialled on 24 October 1988;  Whereas pending completion of the procedures necessary for the conclusion of the Agreement and the Agreed Minute, the Agreed Minute should be applied provisionally with effect from 1 January 1988, provided it is applied likewise by the Republic of the Philippines,  HAS DECIDED AS FOLLOWS:  Article 1  Pending completion of the procedures necessary for its conclusion, the Agreed Minute amending the Agreement between the European Economic Community and the Republic of the Philippines on trade in textile products shall be applied provisionally by the Community with effect from 1 January 1988, provided it is applied likewise by the Philippines.  The text of the Agreed Minute is attached to this Decision.  Article 2  The Commission is requested to seek the agreement of the Government of the Republic of the Philippines on the provisional application of the Agreed Minute referred to in Article 1 and to notify the Council thereof.  Done at Brussels, 20 February 1989.  For the Council  The President  F. FERNANDEZ ORDOÑEZ  (1) OJ No L 255, 5. 9. 1987, p. 43.56  12  1991  1 356  799  374  320  711  21  99  21  66  14  CATEGORY 8   //  //  //  //  //  //  //  //  //  //  1988  1 655  783  487  529  451  50  106  18  78  16  1989  1 688  812  517  542  474  52  109  21  86  18  1990  1 720  843  549  555  496  54  111  24  97  21  1991  1 756  876  583  568  520  56  114  27  102  24  ( 1 000 PIECES )  D  F  I  BNL  UK  IRL  DK  GR  ES  PT   //   //  //  //  //  //  //  //  //  //  //  //  CATEGORY 15   //  //  //  //  //  //  //  //  //  //  1988  440  116  109  121  431  8  24  13  45  8  1989  451  135  126  129  439  9  28  15  53  9  1990  462  155  145  138  447  10  32  17  61  11  1991  475  178  166  146  454  11  35  19  70  13  CATEGORY 21   //  //  //  //  //  //  //  //  //  //  1988  1 593  559  237  373  793  29  111  25  133  26  1989  1 621  612  279  395  841  31  116  29  157  31  1990  1 652  665  322  419  893  36  123  34  188  36  1991  1 682  721  371  444  948  36  131  39  208  41   //   //  //  //  //  //  //  //  //  //  //  3 . THE ADJUSTED QUANTITATIVE LIMITS SET OUT IN PARAGRAPH 2 INCORPORATE THE INTERIM ADDITIONAL QUANTITIES FOR CATEGORIES 4, 5, 6, 7, 8, 15 AND 21 FOR THE YEAR 1988 SET OUT IN THE AGREED MINUTE OF 29 JUNE 1988 .  4 . TRANSFERS MAY BE CARRIED OUT, UPON NOTIFICATION BY THE AUTHORITIES OF THE PHILIPPINES, FROM THE RESERVED ADDITIONAL QUANTITIES AGREED FOR FRANCE AND THE UNITED KINGDOM TO THE ADJUSTED REGIONAL QUOTAS FOR CATEGORIES 16 AND 74 RESPECTIVELY, UP TO THE FULL AMOUNT OF THE ORIGINAL REGIONAL QUOTAS FOR THE LATTER CATEGORIES .  5 . THE PROVISIONS OF THE AGRRED MINUTE SHALL ENTER INTO FORCE ON THE FIRST DAY OF THE MONTH FOLLOWING THE DATE OF ITS SIGNATURE . THEY SHALL APPLY WITH EFFECT FROM 1 JANUARY 1988 .  BRUSSELS, 24 OCTOBER 1988  1.2HEAD OF DELEGATION OF THE EUROPEAN ECONOMIC COMMUNITY  HEAD OF DELEGATION OF THE REPUBLIC OF THE PHILIPPINES  INFORMATION CONCERNING THE AMENDMENT OF THE AGREEMENT BETWEEN THE COMMUNITY AND THE PHILIPPINES ON TRADE IN TEXTILE PRODUCTS  IN ACCORDANCE WITH ARTICLE 2 OF THE COUNCIL DECISION OF 20 FEBRUARY 1989 CONCERNING THE PROVISIONAL APPLICATION OF THE AGREED MINUTE AMENDING THE AGREEMENT WITH THE PHILIPPINES ON TRADE IN TEXTILE PRODUCTS, THE COMMISSION HAS NOTIFIED THE COUNCIL OF THE PHILIPPINES' AGREEMENT, GIVEN ON 24 OCTOBER 1988 .


title: Council Decision (EU) 2015/2357 of 10 December 2015 authorising certain Member States to accept, in the interest of the European Union, the accession of Morocco to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

text:
               17.12.2015

               EN

               Official Journal of the European Union

               L 331/20

         COUNCIL DECISION (EU) 2015/2357
   of 10 December 2015
   authorising certain Member States to accept, in the interest of the European Union, the accession of Morocco to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.

               (2)

               The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody.

               (3)

               Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.

               (4)

               All Member States of the Union are party to the 1980 Hague Convention.

               (5)

               The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law.

               (6)

               A common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction.

               (7)

               The 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession.

               (8)

               The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state.

               (9)

               Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union.

               (10)

               Morocco deposited its instrument of accession to the 1980 Hague Convention on 9 March 2010. The 1980 Hague Convention entered into force for Morocco on 1 June 2010.

               (11)

               Several Member States have already accepted the accession of Morocco to the 1980 Hague Convention. An assessment of the situation in Morocco has led to the conclusion that those Member States that have not yet accepted the accession of Morocco, are in a position to accept, in the interest of the Union, the accession of Morocco under the terms of the 1980 Hague Convention.

               (12)

               The Member States that have not yet accepted the accession of Morocco should therefore be authorised to deposit their declarations of acceptance of accession of Morocco in the interest of the Union in accordance with the terms set out in this Decision. The Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, Malta, the Kingdom of the Netherlands, Romania, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden which have already accepted the accession of Morocco to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

               (13)

               The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision.

               (14)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Member States that have not yet done so are hereby authorised to accept the accession of Morocco to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
   2.   Member States referred to in paragraph 1 shall, no later than 11 December 2016 deposit a declaration of acceptance of the accession of Morocco to the 1980 Hague Convention in the interest of the Union worded as follows:

      ‘[Full name of MEMBER STATE] declares that it accepts the accession of Morocco to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2015/2357.’

   3.   Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of Morocco and communicate to the Commission the text of the declaration within two months of its deposit.
   Article 2
   Those Member States which deposited their declarations of acceptance of the accession of Morocco to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Decision is addressed to all Member States with the exception of the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, Malta, the Kingdom of the Netherlands, Romania, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.

      Done at Brussels, 10 December 2015.

            For the Council

            The President

         F. BAUSCH

      (1)  Opinion of 11 February 2015 (not yet published in the Official Journal).

      (2)  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).


title: Decision No 568/2009/EC of the European Parliament and of the Council of 18 June 2009 amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters

text:
               30.6.2009

               EN

               Official Journal of the European Union

               L 168/35

      DECISION No 568/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 18 June 2009
   amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 61(c) and (d) and 66 and the second indent of Article 67(5) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The European Judicial Network in civil and commercial matters between the Member States (the Network) was established by Council Decision 2001/470/EC (3) because it was considered that the establishment of an area of freedom, security and justice entailed the need to improve, simplify and expedite effective judicial cooperation between Member States, as well as effective access to justice, for persons engaging in cross-border litigation. The date of application of that Decision was 1 December 2002.

               (2)

               The Hague Programme on strengthening freedom, security and justice in the European Union, adopted by the European Council on 4 and 5 November 2004 (4), calls for further efforts to be made to facilitate access to justice and judicial cooperation in civil matters. In particular, it focuses on the effective implementation of instruments on civil justice adopted by the European Parliament and the Council and the promotion of cooperation between members of the legal professions with a view to establishing best practice.

               (3)

               In accordance with Article 19 of Decision 2001/470/EC, the Commission presented on 16 May 2006 a report on the operation of the Network. The report concluded that, although the Network had generally met the objectives set in 2001, it was still a long way from having developed its full potential.

               (4)

               In order to achieve the objectives of the Hague Programme as regards improving judicial cooperation and access to justice and to take on the expected increase in the Network’s tasks in the years ahead, the Network should have a legal framework better suited to increasing its means of action.

               (5)

               It is essential to achieve better operating conditions for the Network in the Member States through national contact points and thus to reinforce the role of the contact points both within the Network and in relation to judges and to the legal professions.

               (6)

               To this end, the Member States should assess the resources which they need to make available to the contact points so that they can fully carry out their duties. The internal distribution of competences in the Member States concerning the financing of the activities of the national members of the Network should not be affected by this Decision.

               (7)

               To the same end, there needs to be a contact point or points in each Member State capable of performing the functions assigned to them. If there is more than one contact point, the Member State should ensure effective coordination between them.

               (8)

               In future, where the law of another Member State is designated under a Community or an international instrument, the Network’s contact points should take part in informing the judicial and extra-judicial authorities in the Member States of the content of that foreign law.

               (9)

               Contact points should process requests for judicial cooperation fast enough to be compatible with the Decision’s general objectives.

               (10)

               For the purposes of calculating time limits as provided for in this Decision, Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (5) should apply.

               (11)

               The purpose of the electronic register is to provide information with a view to assessing the performance of the Network and the practical application of Community instruments. Therefore it should not include all the information exchanged between contact points.

               (12)

               Professional associations representing legal practitioners, in particular lawyers, solicitors, barristers, notaries and bailiffs directly involved in the application of Community and international instruments concerning civil justice may become members of the Network through their national organisations in order to contribute, with the contact points, to some of the Network’s specific tasks and activities.

               (13)

               To further develop the Network’s functions regarding access to justice, the contact points in the Member States should contribute towards providing the public with general information, using the most appropriate technological facilities and at least by providing, on the website of the Member States’ ministries of justice, a link to the website of the Network and to the authorities responsible for the actual application of those instruments. This Decision should not be interpreted as imposing on the Member States an obligation to allow the public direct access to the contact points.

               (14)

               When implementing this Decision, account should be taken of the gradual introduction of the European e-justice system which is intended, in particular, to facilitate judicial cooperation and access to justice.

               (15)

               In order to improve mutual confidence between judges in the European Union and synergies between the European networks involved, the Network should maintain ongoing relations with the other European networks which share its objectives, in particular the networks of judicial institutions and judges.

               (16)

               To contribute to the promotion of international judicial cooperation, the Network should develop contacts with the other judicial cooperation networks in the world and with the international organisations which promote international judicial cooperation.

               (17)

               To allow regular monitoring of progress in achieving the objectives of Council Decision 2001/470/EC as amended by this Decision, the Commission should present reports to the European Parliament, the Council and the European Economic and Social Committee on the Network’s activities.

               (18)

               Council Decision 2001/470/EC should be amended accordingly.

               (19)

               Since the objective of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Decision, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve that objective.

               (20)

               The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Decision.

               (21)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Decision 2001/470/EC is hereby amended as follows:

               1.

               Article 2 shall be amended as follows:

                           (a)

                           paragraph 1 shall be amended as follows:

                                       (i)

                                       point (c) shall be replaced by the following:

                                                   ‘(c)

                                                   the liaison magistrates to whom Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union (6) applies, where they have responsibilities in judicial cooperation in civil and commercial matters;

                                       (ii)

                                       the following point shall be added:

                                                   ‘(e)

                                                   professional associations representing, at national level in the Member States, legal practitioners directly involved in the application of Community and international instruments concerning judicial cooperation in civil and commercial matters.’;

                           (b)

                           in paragraph 2 the following subparagraph shall be added:
                           ‘If the contact point designated under this paragraph is not a judge, the Member State concerned shall provide for effective liaison with the national judiciary. To facilitate this, a Member State may designate a judge to support this function. This judge shall be a member of the Network.’;

                           (c)

                           the following paragraph shall be inserted:
                           ‘2a.   Member States shall ensure that the contact points have sufficient and appropriate facilities in terms of staff, resources and modern means of communication to adequately fulfil their tasks as contact points.’;

                           (d)

                           the following paragraph shall be inserted:
                           ‘4a.   Member States shall determine the professional associations referred to in paragraph 1(e). To that end, they shall obtain the agreement of the professional associations concerned on their participation in the Network.
                           Where there is more than one association representing a legal profession in a Member State, it shall be the responsibility of that Member State to provide for appropriate representation of that profession on the Network.’;

                           (e)

                           paragraph 5 shall be amended as follows:

                                       (i)

                                       the introductory part shall be replaced by the following:
                                       ‘5.   The Member States shall notify the Commission, in accordance with Article 20, of the names and full addresses of the authorities referred to in paragraphs 1 and 2 of this Article, specifying:’;

                                       (ii)

                                       point (c) shall be replaced by the following:

                                                   ‘(c)

                                                   where appropriate, their specific functions in the Network, including, where there is more than one contact point, their specific responsibilities.’;

               2.

               Article 3 shall be amended as follows:

                           (a)

                           in paragraph 1, point (b) shall be replaced by the following:

                                       ‘(b)

                                       facilitating effective access to justice, through measures providing information on the working of Community and international instruments concerning judicial cooperation in civil and commercial matters.’;

                           (b)

                           in paragraph 2, points (b) and (c) shall be replaced by the following:

                                       ‘(b)

                                       the effective and practical application of Community instruments or conventions in force between two or more Member States.
                                       In particular where the law of another Member State is applicable, the courts or authorities responsible for the matter may apply to the Network for information on the content of that law;

                                       (c)

                                       the establishment, maintenance and promotion of an information system for the public on judicial cooperation in civil and commercial matters in the European Union, on relevant Community and international instruments and on the domestic law of the Member States, with particular reference to access to justice.
                                       The main source of information shall be the Network’s website containing up-to-date information in all the official languages of the institutions of the Union.’;

               3.

               Article 5, paragraph 2 shall be replaced by the following:
               ‘2.   In particular, the contact points shall:

                           (a)

                           ensure that the local judicial authorities receive general information concerning the Community and international instruments relating to judicial cooperation in civil and commercial matters. In particular, they shall ensure that the Network, including the website of the Network, is better known to the local judicial authorities;

                           (b)

                           supply the other contact points, the authorities mentioned in Article 2(1)(b) to (d) and the local judicial authorities in their own Member State with all the information needed for sound judicial cooperation between the Member States in accordance with Article 3, in order to assist them in preparing operable requests for judicial cooperation and in establishing the most appropriate direct contacts;

                           (c)

                           supply any information to facilitate the application of the law of another Member State that is applicable under a Community or international instrument. To this end, the contact point to which such a request is addressed may draw on the support of any of the other authorities in its Member State referred to in Article 2 in order to supply the information requested. The information contained in the reply shall not be binding on the contact point, the authorities consulted or the authority which made the request;

                           (d)

                           seek solutions to difficulties arising on the occasion of a request for judicial cooperation, without prejudice to paragraph 4 of this Article and to Article 6;

                           (e)

                           facilitate coordination of the processing of requests for judicial cooperation in the relevant Member State, in particular where several requests from the judicial authorities in that Member State fall to be executed in another Member State;

                           (f)

                           contribute to generally informing the public, through the Network’s website, on judicial cooperation in civil and commercial matters in the European Union, on relevant Community and international instruments and on the domestic law of the Member States, with particular reference to access to justice;

                           (g)

                           collaborate in the organisation of, and participate in, the meetings referred to in Article 9;

                           (h)

                           assist with the preparation and updating of the information referred to in Title III, and in particular with the information system for the public, in accordance with the rules laid down in that Title;

                           (i)

                           ensure coordination between members of the Network at national level;

                           (j)

                           draw up a two-yearly report on their activities, including, where appropriate, best practice in the Network, submit it at a meeting of the members of the Network, and draw specific attention to possible improvements in the Network.’;

               4.

               the following Article shall be inserted:
               ‘Article 5a
               Professional associations
               1.   In order to contribute to the accomplishment of the tasks provided for by Article 3, the contact points shall have appropriate contacts with the professional associations mentioned in Article 2(1)(e), in accordance with rules to be determined by each Member State.
               2.   In particular, the contacts referred to in paragraph 1 may include the following activities:

                           (a)

                           exchange of experience and information as regards the effective and practical application of Community and international instruments;

                           (b)

                           collaboration in the preparation and updating of the information sheets referred to in Article 15;

                           (c)

                           participation of the professional associations in relevant meetings.

                     3.   Professional associations shall not request information relating to individual cases from contact points.’;

               5.

               in Article 6, paragraph 2, the following subparagraph shall be added:
               ‘To this end, each Member State shall ensure, in accordance with the procedures to be determined by it, that the contact point(s) and competent authorities have the means to meet on a regular basis.’;

               6.

               Article 7, paragraph 1, shall be replaced by the following:
               ‘To facilitate the practical operation of the Network, each Member State shall ensure that the contact points have adequate knowledge of an official language of the institutions of the Union other than their own, given that they need to be able to communicate with the contact points in other Member States.’;

               7.

               Article 8 shall be replaced by the following:
               ‘Article 8
               Processing of requests for judicial cooperation
               1.   The contact points shall respond to all requests submitted to them without delay and at the latest within fifteen days of receipt thereof. If a contact point cannot reply to a request within that time limit, it shall inform the maker of the request briefly of this fact, indicating how much time it considers that it will need to reply, but this period shall not, as a rule, exceed thirty days.
               2.   In order to respond as efficiently and rapidly as possible to the requests referred to in paragraph 1, the contact points shall use the most appropriate technological facilities made available to them by the Member States.
               3.   The Commission shall keep a secure, limited-access electronic register of the requests for judicial cooperation and replies referred to in Article 5(2)(b), (c), (d) and (e). The contact points shall ensure that the information necessary for the establishment and operation of this register is supplied regularly to the Commission.
               4.   The Commission shall supply the contact points with information on the statistics relating to the judicial cooperation requests and replies referred to in paragraph 3 at least once every six months.’;

               8.

               Article 9 shall be replaced by the following:
               ‘Article 9
               Meetings of the contact points
               1.   The contact points of the Network shall meet at least once every six months, in accordance with Article 12.
               2.   Each Member State shall be represented at those meetings by one or more contact points, who may be accompanied by other members of the Network, but there shall be no more than six representatives per Member State.’;

               9.

               the following Article shall be inserted:
               ‘Article 11a
               Participation of observers in Network meetings
               1.   Without prejudice to Article 1(2), Denmark may be represented at the meetings referred to in Articles 9 and 11.
               2.   Accession countries and candidate countries may be invited to attend these meetings as observers. Third countries that are party to international agreements on judicial cooperation in civil and commercial matters concluded by the Community may also be invited to attend certain Network meetings as observers.
               3.   Each observer State may be represented at the meetings by one or more persons, but under no circumstances may there be more than three representatives per State.’;

               10.

               the following Article shall be inserted at the end of Title II:
               ‘Article 12a
               Relations with other networks and international organisations
               1.   The Network shall maintain relations and share experience and best practice with the other European networks that share its objectives, such as the European Judicial Network in criminal matters. The Network shall also maintain relations with the European Judicial Training Network with a view to promoting, where appropriate and without prejudice to national practices, training sessions on judicial cooperation in civil and commercial matters for the benefit of the local judicial authorities of the Member States.
               2.   The Network shall maintain relations with the European Consumer Centres Network (ECC-Net). In particular, in order to supply any general information on the working of Community and international instruments to facilitate consumer access to justice, the contact points of the Network shall be at the disposal of the members of ECC-Net.
               3.   In order to meet its responsibilities under Article 3 concerning international instruments on judicial cooperation in civil and commercial matters, the Network shall maintain contact and exchanges of experience with the other judicial cooperation networks established between third countries and with international organisations that promote international judicial cooperation.
               4.   The Commission, in close cooperation with the Presidency of the Council and the Member States, shall be responsible for implementing the provisions of this Article.’;

               11.

               the heading of Title III shall be replaced by the following:

               12.

               in Article 13, paragraph 1, the following point shall be added:

                           ‘(c)

                           the information referred to in Article 8.’;

               13.

               the following Article shall be inserted:
               ‘Article 13a
               Provision of general information to the public
               The Network shall contribute towards providing the public with general information, using the most appropriate technological facilities to inform it about the content and working of Community or international instruments on judicial cooperation in civil and commercial matters.
               To that end, and without prejudice to the provisions of Article 18, the contact points shall promote to the public the information system referred to in Article 14.’;

               14.

               in Article 17(4), point (b) shall be replaced by the following:

                           ‘(b)

                           arrange for the translations into the official languages of the institutions of the Union of information on the relevant aspects of Community law and procedures, including Community case-law, and of the information system’s general pages and the information sheets referred to in Article 15, and install them on the Network’s dedicated website.’;

               15.

               in Article 18, point 4, the word ‘progressively’ shall be deleted;

               16.

               Article 19 shall be replaced by the following:
               ‘Article 19
               Reporting
               No later than 1 January 2014, and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the activities of the Network. This report shall be accompanied, if appropriate, by proposals aimed at adapting this Decision and shall include information on the Network’s activities aimed at making progress with the design, development and implementation of European e-justice, particularly from the point of view of facilitating access to justice.’;

               17.

               Article 20 shall be replaced by the following:
               ‘Article 20
               Notification
               No later than 1 July 2010, the Member States shall notify the Commission of the information referred to in Article 2(5).’.

         Article 2
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2011, except for points (1)(e) and (17) of Article 1, which shall apply from the date of notification of this Decision to the Member States to which it is addressed.
   This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.

      Done at Brussels, 18 June 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         Š. FÜLE

      (1)  Opinion delivered on 3 December 2008 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 16 December 2008 (not yet published in the Official Journal) and Council Decision of 4 June 2009.

      (3)  OJ L 174, 27.6.2001, p. 25.

      (4)  OJ C 53, 3.3.2005, p. 1.

      (5)  OJ L 124, 8.6.1971, p. 1.

      (6)  OJ L 105, 27.4.1996, p. 1.’;