title: 2009/574/EC: Council Decision of 28 November 2008 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, the Republic of Côte d’Ivoire, the Republic of the Fiji Islands, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Federation of Saint Kitts and Nevis, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 2006/2007, 2007/2008, 2008/2009 and 1 July 2009 to 30 September 2009 delivery periods and on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the same delivery periods

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/39

         COUNCIL DECISION
   of 28 November 2008
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, the Republic of Côte d’Ivoire, the Republic of the Fiji Islands, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Federation of Saint Kitts and Nevis, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 2006/2007, 2007/2008, 2008/2009 and 1 July 2009 to 30 September 2009 delivery periods and on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the same delivery periods
   (2009/574/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Implementation of Protocol 3 on ACP Sugar attached to Annex V to the ACP-EC Partnership Agreement (1) and of the Agreement between the European Economic Community and the Republic of India on cane sugar (2) is carried out, in accordance with Article 1(2) of each Agreement, within the framework of the management of the common organisation of the sugar market.

               (2)

               It is appropriate to approve the Agreements in the form of Exchanges of Letters between the Community and, on the one part, the States referred to in the Protocol and, on the other part, the Republic of India on the guaranteed prices for cane sugar for the 2006/2007, 2007/2008, 2008/2009 and 1 July 2009 to 30 September 2009 delivery periods,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, the Republic of Côte d’Ivoire, the Republic of the Fiji Islands, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Federation of Saint Kitts and Nevis, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 2006/2007, 2007/2008, 2008/2009 and 1 July 2009 to 30 September 2009 delivery periods, and the Agreement in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the 2006/2007, 2007/2008, 2008/2009 and 1 July 2009 to 30 September 2009 delivery periods, are hereby approved on behalf of the Community.
   The texts of these agreements are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreements in order to bind the Community.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 November 2008.

            For the Council

            The President

         M. BARNIER

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 190, 23.7.1975, p. 36.
    ---documentbreak---

               30.7.2009

               EN

               Official Journal of the European Union

               L 198/41

         AGREEMENT
   in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, the Republic of Côte d’Ivoire, the Republic of the Fiji Islands, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Federation of Saint Kitts and Nevis, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 2006/2007, 2007/2008, 2008/2009 and 1 July 2009 to 30 September 2009 delivery periods
   Brussels, 2 July 2009
   Sir,
   The representatives of the ACP States referred to in Protocol 3 on ACP sugar attached to Annex V to the ACP-EC Partnership Agreement and of the Commission, acting on behalf of the European Community, have agreed, pursuant to the provisions of the said Protocol, on the following:
   For the delivery period 1 July 2006 to 30 June 2007, the guaranteed prices referred to in Article 5(4) of the Sugar Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

               (a)

               for raw sugar: 496,8 EUR per tonne;

               (b)

               for white sugar: 631,9 EUR per tonne.

         For the delivery period 1 July 2007 to 30 June 2008, the guaranteed prices referred to in Article 5(4) of the Sugar Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

               (a)

               for raw sugar: 496,8 EUR per tonne;

               (b)

               for white sugar: 631,9 EUR per tonne.

         For the delivery period 1 July 2008 to 30 June 2009, the guaranteed prices referred to in Article 5(4) of the Sugar Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

               — 1.

               From 1 July 2008 to 30 September 2008,

                           (a)

                           for raw sugar: 496,8 EUR per tonne;

                           (b)

                           for white sugar: 631,9 EUR per tonne.

               — 2.

               From 1 October 2008 to 30 June 2009,

                           (a)

                           for raw sugar: 448,8 EUR per tonne;

                           (b)

                           for white sugar: 541,5 EUR per tonne.

         For the delivery period 1 July 2009 to 30 September 2009, the guaranteed prices referred to in Article 5(4) of the Sugar Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

               (a)

               for raw sugar: 448,8 EUR per tonne;

               (b)

               for white sugar: 541,5 EUR per tonne.

         These prices shall refer to sugar of standard quality as defined in Community legislation, unpacked, cif, free out of European ports of the Community. The introduction of these prices in no way prejudices the respective positions of the Contracting Parties in respect of the principles appertaining to the determination of the guaranteed prices.
   I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between your Government and the European Community.
   Please accept, Sir, the assurance of my highest consideration.

      For the European Community

      Съставено в Брюксел на
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles den
      Geschehen zu Brüssel am
      Brüssel,
      'Εγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje
      Kelt Brüsszelben,
      Magħmula fi Brussell,
      Gedaan te Brussel,
      Sporządzono w Brukseli dnia
      Feito em Bruxelas,
      Adoptat la Bruxelles,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

   Brussels, 2 July 2009
   Sir,
   I have the honour to acknowledge receipt of your letter of today which reads as follows:
   ‘The representatives of the ACP States referred to in Protocol 3 on ACP sugar attached to Annex V to the ACP-EC Partnership Agreement and of the Commission, acting on behalf of the European Community, have agreed, pursuant to the provisions of the said Protocol, on the following:
   For the delivery period 1 July 2006 to 30 June 2007, the guaranteed prices referred to in Article 5(4) of the Sugar Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

               (a)

               for raw sugar: 496,8 EUR per tonne;

               (b)

               for white sugar: 631,9 EUR per tonne.

         For the delivery period 1 July 2007 to 30 June 2008, the guaranteed prices referred to in Article 5(4) of the Sugar Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

               (a)

               for raw sugar: 496,8 EUR per tonne;

               (b)

               for white sugar: 631,9 EUR per tonne.

         For the delivery period 1 July 2008 to 30 June 2009, the guaranteed prices referred to in Article 5(4) of the Sugar Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

               — 1.

               From 1 July 2008 to 30 September 2008,

                           (a)

                           for raw sugar: 496,8 EUR per tonne;

                           (b)

                           for white sugar: 631,9 EUR per tonne

               — 2.

               From 1 October 2008 to 30 June 2009,

                           (a)

                           for raw sugar: 448,8 EUR per tonne;

                           (b)

                           for white sugar: 541,5 EUR per tonne.

         For the delivery period 1 July 2009 to 30 September 2009, the guaranteed prices referred to in Article 5(4) of the Sugar Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

               (a)

               for raw sugar: 448,8 EUR per tonne;

               (b)

               for white sugar: 541,5 EUR per tonne.

         These prices shall refer to sugar of standard quality as defined in Community legislation, unpacked, cif, free out of European ports of the Community. The introduction of these prices in no way prejudices the respective positions of the Contracting Parties in respect of the principles appertaining to the determination of the guaranteed prices.
   I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between my Government and the European Community.’
   I have the honour to confirm the agreement of my Government to this letter.
   Please accept, Sir, the assurance of my highest consideration.

      For the respective Governments of the ACP States referred to in Protocol 3

      Съставено в Брюксел на
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles, den
      Geschehen zu Brüssel am
      Brüssel,
      'Εγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje
      Kelt Brüsszelben,
      Magħmula fi Brussell,
      Gedaan te Brussel,
      Sporządzono w Brukseli dnia
      Feito em Bruxelas,
      Adoptat la Bruxelles,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den

         For the Government of Barbados

         For the Government of Belize

         Pour le gouvernement de la République du Congo

         Pour le gouvernement de la République de Côte d’Ivoire

         For the Government of the Sovereign Democratic Republic of Fiji

         For the Government of the Cooperative Republic of Guyana

         For the Government of Jamaica

         For the Government of the Republic of Kenya

         Pour le gouvernement de la République de Madagascar

         For the Government of the Republic of Malawi

         Pour le gouvernement de la République de Maurice

         For the Government of the Republic of Mozambique

         For the Government of Saint Kitts and Nevis

         For the Government of the Republic of Suriname

         For the Government of the Kingdom of Swaziland

         For the Government of the United Republic of Tanzania

         For the Government of the Republic of Trinidad and Tobago

         For the Government of the Republic of Uganda

         For the Government of the Republic of Zambia

         For the Government of the Republic of Zimbabwe

 ---documentbreak--- NA ---documentbreak---

               30.7.2009

               EN

               Official Journal of the European Union

               L 198/48

         AGREEMENT
   in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the 2006/2007, 2007/2008, 2008/2009 and 1 July 2009 to 30 September 2009 delivery periods
   Sir,
   The Representatives of India and of the Commission, acting on behalf of the European Community, have agreed, within the framework of the negotiations provided for in Article 5(4) of the Agreement between the European Community and the Republic of India on cane sugar, on the following:
   For the delivery period 1 July 2006 to 30 June 2007, the guaranteed prices referred to in Article 5(4) of the Sugar Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

               (a)

               for raw sugar: 496,8 EUR per tonne;

               (b)

               for white sugar: 631,9 EUR per tonne.

         For the delivery period 1 July 2007 to 30 June 2008, the guaranteed prices referred to in Article 5(4) of the Sugar Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

               (a)

               for raw sugar: 496,8 EUR per tonne;

               (b)

               for white sugar: 631,9 EUR per tonne

         For the delivery period 1 July 2008 to 30 June 2009, the guaranteed prices referred to in Article 5(4) of the Sugar Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

               — 1.

               From 1 July 2008 to 30 September 2008,

                           (a)

                           for raw sugar: 496,8 EUR per tonne;

                           (b)

                           for white sugar: 631,9 EUR per tonne.

               — 2.

               From 1 October 2008 to 30 June 2009,

                           (a)

                           for raw sugar: 448,8 EUR per tonne;

                           (b)

                           for white sugar: 541,5 EUR per tonne.

         For the delivery period 1 July 2009 to 30 September 2009, the guaranteed prices referred to in Article 5(4) of the Sugar Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

               (a)

               for raw sugar: 448,8 EUR per tonne;

               (b)

               for white sugar: 541,5 EUR per tonne

         These prices shall refer to sugar of standard quality as defined in Community legislation, unpacked, cif, free out of European ports of the Community. The introduction of these prices in no way prejudices the respective positions of the Contracting Parties in respect of the principles appertaining to the determination of the guaranteed prices.
   I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between your Government and the Community.
   Please accept, Sir, the assurance of my highest consideration.

      Съставено в Брюксел на
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles den
      Geschehen zu Brüssel am
      Brüssel,
      'Εγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje
      Kelt Brüsszelben,
      Magħmula fi Brussell,
      Gedaan te Brussel,
      Sporządzono w Brukseli dnia
      Feito em Bruxelas,
      Adoptat la Bruxelles,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

   Sir,
   I have the honour to acknowledge receipt of your letter of today which reads as follows:
   ‘The Representatives of India and of the Commission, acting on behalf of the European Community, have agreed, within the framework of the negotiations provided for in Article 5(4) of the Agreement between the European Community and the Republic of India on cane sugar, on the following:
   For the delivery period 1 July 2006 to 30 June 2007, the guaranteed prices referred to in Article 5(4) of the Sugar Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

               (a)

               for raw sugar: 496,8 EUR per tonne;

               (b)

               for white sugar: 631,9 EUR per tonne.

         For the delivery period 1 July 2007 to 30 June 2008, the guaranteed prices referred to in Article 5(4) of the Sugar Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

               (a)

               for raw sugar: 496,8 EUR per tonne;

               (b)

               for white sugar: 631,9 EUR per tonne

         For the delivery period 1 July 2008 to 30 June 2009, the guaranteed prices referred to in Article 5(4) of the Sugar Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

               — 1.

               From 1 July 2008 to 30 September 2008,

                           (a)

                           for raw sugar: 496,8 EUR per tonne;

                           (b)

                           for white sugar: 631,9 EUR per tonne

               — 2.

               From 1 October 2008 to 30 June 2009,

                           (a)

                           for raw sugar: 448,8 EUR per tonne;

                           (b)

                           for white sugar: 541,5 EUR per tonne.

         For the delivery period 1 July 2009 to 30 September 2009, the guaranteed prices referred to in Article 5(4) of the Sugar Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

               (a)

               for raw sugar: 448,8 EUR per tonne;

               (b)

               for white sugar: 541,5 EUR per tonne

         These prices shall refer to sugar of standard quality as defined in Community legislation, unpacked, cif, free out of European ports of the Community. The introduction of these prices in no way prejudices the respective positions of the Contracting Parties in respect of the principles appertaining to the determination of the guaranteed prices.
   I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Government of India and the Community.’
   I have the honour to confirm the agreement of my Government with the foregoing.
   Please accept, Sir, the assurance of my highest consideration.

      Съставено в Брюксел на
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles, den
      Geschehen zu Brüssel am
      Brüssel,
      'Εγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje
      Kelt Brüsszelben,
      Magħmula fi Brussell,
      Gedaan te Brussel,
      Sporządzono w Brukseli dnia
      Feito em Bruxelas,
      Adoptat la Bruxelles,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den

         За правителството на Република Индия
         Por el Gobierno de la República de la India
         Za vládu Indické republiky
         For regeringen for Republikken Indien
         Für die Regierung der Republik Indien
         India Vabariigi valitsuse nimel
         Για την κυβέρνηση της Δημοκρατίας της Ινδίας
         For the Government of the Republic of India
         Pour le gouvernement de la République de l'Inde
         Per il governo della Republica dell'India
         Indijas Republikas valdības vārdā
         Indijos Respublikos Vyriausybės vardu
         Az Indiai Köztársaság kormánya részéről
         Għall-Gvern tar-Repubblika ta' l-Indja
         Voor de Regering van de Republiek India
         W imieniu Rządu Republiki Indii
         Pelo Governo da República Índia
         Pentru Guvernul Republicii India
         Za vládu Indickej republiky
         Za Vlado Republike Indije
         Intian tasavallan hallituksen puolesta
         För Republiken Indiens regering


title: Political and Security Committee Decision (CFSP) 2017/1780 of 18 September 2017 on the appointment of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2017)

text:
               30.9.2017

               EN

               Official Journal of the European Union

               L 253/37

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/1780
   of 18 September 2017
   on the appointment of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali) (1), and in particular Article 7(1) thereof,
   Whereas:

               (1)

               Pursuant to Decision 2014/219/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EUCAP Sahel Mali mission, including the decision to appoint a Head of Mission.

               (2)

               On 26 May 2014, the PSC adopted Decision EUCAP Sahel Mali/1/2014 (2), appointing Mr Albrecht CONZE as Head of Mission of EUCAP Sahel Mali from 26 May 2014 to 14 January 2015.

               (3)

               The mandate of Mr Albrecht CONZE as Head of Mission of EUCAP Sahel Mali has been extended several times, most recently by PSC Decision EUCAP Sahel Mali/2/2016 (3), which extended his mandate as Head of Mission of EUCAP Sahel Mali until 14 July 2017.

               (4)

               On 15 September 2017, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Mr Philippe RIO as Head of Mission of EUCAP Sahel Mali from 1 October 2017 to 14 January 2018,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Philippe RIO is hereby appointed as Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) from 1 October 2017 to 14 January 2018.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 September 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 113, 16.4.2014, p. 21.

      (2)  Political and Security Committee Decision 2014/310/CFSP of 26 May 2014 on the appointment of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2014) (OJ L 164, 3.6.2014, p. 43).

      (3)  Political and Security Committee Decision (CFSP) 2016/2381 of 14 December 2016 extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/2/2016) (OJ L 352, 23.12.2016, p. 59).


Avis juridique important

|

31996D0331

96/331/EC: Commission Decision of 30 April 1996 on the establishment of overall quantities of food aid for 1996 and a list of products to be supplied as food aid

Official Journal L 127 , 25/05/1996 P. 0028 - 0030

COMMISSION DECISION of 30 April 1996 on the establishment of overall quantities of food aid for 1996 and a list of products to be supplied as food aid (96/331/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last amended by Regulation (EEC) No 1930/90 (2), and in particular Article 5 thereof,Whereas, in order to implement Regulation (EEC) No 3972/86, it is necessary to lay down the total quantities of each product to be supplied under the food aid operations for 1996, and to specify the products involved;Whereas the overall quantities of food aid for 1996 should be decided and food aid operations implemented on the basis of the budgetary resources available;Whereas the measures provided for in this Decision are in accordance with the opinion of the Food Aid Committee,HAS DECIDED AS FOLLOWS:Sole Article 1. The total quantities of each product to be supplied to developing countries and aid organizations are set out in Annex I.2. The products which may be supplied as food aid are listed in Annex II.Done at Brussels, 30 April 1996.For the CommissionLeon BRITTANVice-President(1) OJ No L 370, 30. 12. 1986, p. 1; corrigendum: OJ No L 42, 12. 2. 1987, p. 54.(2) OJ No L 174, 7. 7. 1990, p. 6.ANNEX I Quantities of food aid to be made available in 1996 - Cereals:(a) a minimum of 927 700 tonnes under the Food Aid Convention,(b) 515 800 tonnes in the form of supplementary allocations (1),- Milk powder and equivalent products: 20 000 tonnes,- Butteroil: 500 tonnes,- Sugar: 10 000 tonnes (2),- Vegetable oil: 60 000 tonnes (3),- Legumes: 70 000 tonnes (4),- Other products: a maximum of ECU 50 million (5).(1) The quantities set out above may be increased by up to 20 %, provided that this does not affect the overall budget.ANNEX II >TABLE>


title: 2011/245/EU: Council Decision of 14 April 2011 appointing one Spanish member of the Committee of the Regions

text:
               19.4.2011

               EN

               Official Journal of the European Union

               L 103/113

         COUNCIL DECISION
   of 14 April 2011
   appointing one Spanish member of the Committee of the Regions
   (2011/245/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

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

               (2)

               One member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr José MONTILLA AGUILERA,

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

               —

               Mr Artur MAS GAVARRÓ, Presidente de la Generalitat de Catalunya,

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

      Done at Luxembourg, 14 April 2011.

            For the Council

            The President

         FAZEKAS S.

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

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

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32003D0018(01)

2004/44/EC: Decision of the European Central Bank of 18 December 2003 laying down the measures necessary for the paying-up of the European Central Bank's capital by the participating national central banks (ECB/2003/18)

Official Journal L 009 , 15/01/2004 P. 0029 - 0030

Decision of the European Central Bankof 18 December 2003laying down the measures necessary for the paying-up of the European Central Bank's capital by the participating national central banks(ECB/2003/18)(2004/44/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular Article 28.3 thereof,Whereas:(1) Decision ECB/1998/2 of 9 June 1998 laying down the measures necessary for the paying-up of the capital of the European Central Bank(1) determined how and to what extent the national central banks (NCBs) of the Member States intending to adopt the euro on 1 January 1999 should pay up the European Central Bank's (ECB's) capital.(2) Article 2 of Decision ECB/2000/14 of 16 November 2000 providing for the paying-up of capital and the contribution to the reserves and provisions of the ECB by the Bank of Greece, and for the initial transfer of foreign-reserve assets to the ECB by the Bank of Greece and related matters(2), in conjunction with Decision ECB/1998/14 of 1 December 1998 laying down the measures necessary for the paying-up of the capital of the European Central Bank by the non-participating national central banks(3), determined how and to what extent the Bank of Greece should pay up the ECB's capital on 1 January 2001 in view of Greece's adoption of the euro.(3) Decision ECB/2003/17 of 18 December 2003 on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital(4) adjusts the weightings assigned to the NCBs in the key for subscription to the ECB's capital (hereinafter the capital key weightings and the capital key respectively) with effect from 1 January 2004.(4) The adjusted capital key requires the adoption of a new ECB decision repealing Decision ECB/1998/2 and Article 2 of Decision ECB/2000/14 with effect from 1 January 2004 and determining how and to what extent the NCBs of the Member States that have adopted the euro (hereinafter the participating NCBs) should pay up the ECB's capital on 1 January 2004,HAS ADOPTED THIS DECISION:Article 1Extent and form of paid-up capitalEach participating NCB shall pay up its subscription to the ECB's capital in full on 1 January 2004. Taking into account the capital key weightings described in Article 2 of Decision ECB/2003/17, each participating NCB shall therefore pay up on 1 January 2004 the amount shown next to its name in the following table:>TABLE>Article 2Adjustment of paid-up capitalEach participating NCB has already paid up its share of the ECB's subscribed capital under Decision ECB/1998/2 and, for the Bank of Greece, under Article 2 of Decision ECB/2000/14 and Decision ECB/1998/14. In view of this fact, either a participating NCB shall transfer an additional amount to the ECB, or the ECB shall transfer an amount back to a participating NCB, as appropriate, in order to arrive at the amounts set out in the table in Article 1. These transfers shall be made according to the terms and conditions set out in Decision ECB/2003/20 of 18 December 2003 laying down the terms and conditions for transfers of the European Central Bank's capital shares between the national central banks and adjustment of the paid-up capital(5).Article 3Final provisions1. Decision ECB/1998/2 and Article 2 of Decision ECB/2000/14 are hereby repealed with effect from 1 January 2004.2. This Decision shall enter into force on 19 December 2003.3. This Decision will be published in the Official Journal of the European Union.Done at Frankfurt am Main, 18 December 2003.For the Governing Council of the ECBJean-Claude Trichet(1) OJ L 8, 14.1.1999, p. 33.(2) OJ L 336, 30.12.2000, p. 110.(3) OJ L 110, 28.4.1999, p. 33.(4) See page 27 of this Official Journal.(5) See page 32 of this Official Journal.


Avis juridique important

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31997D0009

97/9/EC: Council Decision of 20 December 1996 repealing recommendation 76/494/EEC on the rational use, through better driving habits, of energy consumed by road vehicles

Official Journal L 003 , 07/01/1997 P. 0008 - 0008

COUNCIL DECISION of 20 December 1996 repealing recommendation 76/494/EEC on the rational use, through better driving habits, of energy consumed by road vehicles (97/9/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the proposal from the Commission (1),Whereas recommendation 76/494/EEC (2) was adopted to give guidelines to drivers so that they can contribute to more efficient use of road vehicles, by driving economically and responsibly;Whereas this recommendation has already achieved its objective and can have no further effect on driver behaviour and there is, therefore, no longer any reason for its existence,HAS DECIDED AS FOLLOWS:Sole Article Recommendation 76/494/EEC is hereby repealed.Done at Brussels, 20 December 1996.For the CouncilThe PresidentS. BARRETT(1) OJ No C 272, 18. 9. 1996, p. 10.(2) OJ No L 140, 28. 5. 1976, p. 14.


title: 2014/415/EU: Council Decision of 24 June 2014 on the arrangements for the implementation by the Union of the solidarity clause

text:
               1.7.2014

               EN

               Official Journal of the European Union

               L 192/53

         COUNCIL DECISION
   of 24 June 2014
   on the arrangements for the implementation by the Union of the solidarity clause

      (2014/415/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first sentence of Article 222(3) thereof,
   Having regard to the joint proposal of the European Commission and of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               This Decision concerns the implementation by the Union of Article 222 of the Treaty on the Functioning of the European Union (TFEU) (‘the solidarity clause’). It does not concern the implementation by Member States of the solidarity clause pursuant to Article 222(2) TFEU. According to Declaration (No 37) on Article 222 of the Treaty on the Functioning of the European Union, a Member State can choose the most appropriate means to comply with its own solidarity obligation towards another Member State.

               (2)

               Pursuant to Article 222(1) TFEU, the Union and the Member States are to act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. Coherence and complementarity of Union and Member States' action should be sought, to the benefit of any Member State invoking the solidarity clause and to avoid duplication of efforts. Given that Member States are to coordinate between themselves in the Council in order to comply with their own solidarity obligations pursuant to Article 222(2) TFEU, it is appropriate to have arrangements for coordination in the Council in respect of the implementation by the Union of the solidarity clause.

               (3)

               Arrangements for coordination in the Council should rely on the EU Integrated Political Crisis Response (IPCR) Arrangements, approved by the Council on 25 June 2013, which state that the IPCR is also to support the arrangements for the implementation of the solidarity clause. It is appropriate that the Council adapts the IPCR arrangements, in particular in the case of a review.

               (4)

               The implementation of the solidarity clause by the Union should rely on existing instruments to the extent possible, should increase effectiveness by enhancing coordination and avoiding duplication, should function on the basis of no additional resources, should provide a simple and clear interface at Union level to Member States, and should respect the competences conferred upon each Union institution and service.

               (5)

               The solidarity clause calls for the Union to mobilise all the instruments at its disposal. Relevant instruments include the European Union Internal Security Strategy, the European Union Civil Protection Mechanism established by Decision No 1313/2013/EU of the European Parliament and the Council (1) (‘the Union Mechanism’), Decision No 1082/2013/EU of the European Parliament and of the Council (2) and the structures developed in the framework of the Common Security and Defence Policy (CSDP).

               (6)

               The scope of the arrangements for the implementation by the Union of the solidarity clause should be clearly defined.

               (7)

               As regards the fight against terrorism, the strategic framework for Union action is the European Union Counter-Terrorism Strategy. Various instruments are in place, such as instruments strengthening the protection of critical infrastructures in energy and transport (3). Actions have also been taken following the Commission's Communication entitled ‘The EU Counter-Terrorism Policy: main achievements and future challenges’, for instance actions enhancing the cooperation between law enforcement authorities, reinforcing the prevention of radicalisation, in particular through the setting up of the Radicalisation Awareness Network, and limiting the access of terrorists to funds as well as to explosives (4) and chemical, biological, radiological and nuclear materials, as well as actions enhancing the security of explosives.

               (8)

               An invocation mechanism and a phasing-out mechanism for the arrangements under this Decision should be defined at Union level, based on a high-level political request from the Member State concerned and supported by a single entry point at Union level.

               (9)

               Response arrangements at Union level should improve effectiveness through strengthened coordination, building on existing instruments.

               (10)

               The Union Mechanism aims to strengthen cooperation between the Member States and the Union and to facilitate coordination in the field of civil protection. Decision No 1313/2013/EU established the Emergency Response Coordination Centre (the ‘ERCC’) that is to ensure 24/7 operational capacity and serve the Member States and the Commission in pursuit of the objectives of the Union Mechanism.

               (11)

               The European External Action Service (EEAS) has at its disposal structures with intelligence and military expertise, as well as the network of Delegations that may also contribute in the response to threats or disasters in the territory of Member States or to crises having an external dimension. Depending on the crisis, other structures and Union agencies in the field of Common Foreign and Security Policy (CFSP) including the CSDP should provide, as appropriate, contributions in line with relevant provisions of Union law.

               (12)

               Where necessary and practicable in view of urgency, the response arrangements at Union level should be complemented by the adoption of legal acts or the amendment of existing acts in accordance with the relevant provisions of the Treaties.

               (13)

               This Decision will have no defence implications. In the event that a crisis requires CFSP or CSDP action, a decision should be taken by the Council in accordance with the relevant provisions of the Treaties.

               (14)

               This Decision is without prejudice to Article 42(7) of the Treaty on European Union.

               (15)

               The Commission Communication entitled ‘EU Internal Security Strategy in Action: Five steps towards a more secure Europe’ set the objective of increasing the Union's resilience to crises and disasters through a number of actions, including by making full use of the solidarity clause. As recalled by the Council in its Conclusions of 24 and 25 February 2011, increasing Europe's resilience to crises and disasters is crucial in further strengthening freedom, security and justice in the Union.

               (16)

               The European Council is to regularly assess the threats facing the Union in order to enable the Union and its Member States to take effective action. Upon request from the European Council, reports on specified threats should be produced.

               (17)

               In accordance with point (a) of Article 346(1) TFEU, no Member State is to be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security.

               (18)

               On 22 November 2012, the European Parliament adopted resolution 2012/2223, entitled ‘EU's mutual defence and solidarity clauses: political and operational dimensions’.

               (19)

               This Decision respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, and it should be applied in accordance with those rights and principles.

               (20)

               Since the objective of this Decision, namely implementation by the Union of the solidarity clause, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective,

         HAS ADOPTED THIS DECISION:
   Article 1
   General objective and subject matter
   1.   This Decision lays down rules and procedures for the implementation by the Union of Article 222 TFEU (‘the solidarity clause’).
   2.   In order to ensure coherence and complementarity of Union and Member State action, coordination at political level of the response to the invocation of the solidarity clause shall be carried out by the Council, using the IPCR arrangements. Support to the operation of the IPCR arrangements shall be provided by the General Secretariat of the Council (GSC), the Commission and the EEAS.
   3.   Arrangements at Union level shall be based upon existing mechanisms in the Council, the Commission, the EEAS and Union agencies to provide information and support. Where relevant, the High Representative of the Union for Foreign Affairs and Security Policy (HR) and the EEAS shall contribute by taking initiatives and providing relevant information and support within the HR's area of competence.
   4.   Relevant Union instruments and the IPCR arrangements shall follow their own procedures and may be active before the invocation and after the phasing out of the response under this Decision.
   5.   The arrangements pursuant to this Decision shall improve efficiency through enhanced coordination between Union and Member State responses.
   Article 2
   Scope
   1.   In the event of a terrorist attack or a natural or man-made disaster, irrespective of whether it originates inside or outside the territory of the Member States, this Decision shall apply:

               (a)

               within the territory of Member States to which the Treaties apply, meaning land area, internal waters, territorial sea and airspace;

               (b)

               when affecting infrastructure (such as off-shore oil and gas installations) situated in the territorial sea, the exclusive economic zone or the continental shelf of a Member State.

         When having recourse to the arrangements under this Decision, and notably when mobilising the instruments at its disposal, the Union shall be bound by international law and shall not encroach upon the rights of non-Member States.
   2.   This Decision has no defence implications.
   Article 3
   Definitions
   For the purposes of this Decision, the following definitions apply:

               (a)

               ‘disaster’ means any situation which has or may have a severe impact on people, the environment or property, including cultural heritage;

               (b)

               ‘terrorist attack’ means a terrorist offence as defined in Council Framework Decision 2002/475/JHA (5);

               (c)

               ‘crisis’ means a disaster or terrorist attack of such a wide-ranging impact or political significance that it requires timely policy coordination and response at Union political level;

               (d)

               ‘response’ means any action taken in the event of a disaster or a terrorist attack to address its immediate adverse consequences.

         Article 4
   Invocation of the solidarity clause
   1.   In the event of a disaster or terrorist attack, the affected Member State may invoke the solidarity clause if, after having exploited the possibilities offered by existing means and tools at national and Union level, it considers that the crisis clearly overwhelms the response capabilities available to it.
   2.   The political authorities of the affected Member State shall address their invocation to the Presidency of the Council. The invocation shall also be addressed to the President of the European Commission through the ERCC.
   Article 5
   Response arrangements at Union level
   1.   Once the solidarity clause has been invoked, the Council shall ensure the political and strategic direction of the Union response to the invocation of the solidarity clause, taking full account of the Commission's and the HR's competences. To that end, the Presidency of the Council shall activate the IPCR arrangements immediately if not already in use, and thus inform all Member States of the solidarity clause invocation.
   2.   At the same time, and in accordance with Article 1(3), the Commission and the HR shall:

               (a)

               identify all relevant Union instruments that can best contribute to the response to the crisis, including sector-specific, operational, policy or financial instruments and structures and take all necessary measures provided under those instruments;

               (b)

               identify military capabilities that can best contribute to the response to the crisis with the support of the EU Military Staff;

               (c)

               identify and propose the use of instruments and resources falling within the remit of Union agencies that can best contribute to the response to the crisis;

               (d)

               advise the Council on whether existing instruments are sufficient means to assist the affected Member State following the invocation of the solidarity clause;

               (e)

               produce regular integrated situational awareness and analysis reports to inform and support the coordination and decision-making at political level in the Council, in accordance with Article 6 of this Decision.

         3.   Where appropriate, and in accordance with Article 1(3), the Commission and the HR shall submit proposals to the Council, in particular concerning:

               (a)

               decisions on exceptional measures not foreseen by existing instruments;

               (b)

               requests for military capabilities going beyond the existing arrangements on civil protection; or

               (c)

               measures in support of a swift response by Member States.

         4.   Making use of the IPCR arrangements, the Presidency of the Council shall ensure coherence of the handling in the Council and of the overall response at Union political level, including as concerns the development and update of proposals for action, while respecting the right of initiative of the Commission and HR within their areas of competence. In doing so, the Presidency shall be supported and advised by the GSC, the Commission and the EEAS, and, in the event of terrorist attacks, by the EU Counter Terrorism Coordinator. Depending on the crisis, structures and Union agencies in the field of CFSP/CSDP shall provide, as appropriate, contributions in line with the relevant provisions of Union law.
   5.   The Presidency of the Council will inform the President of the European Council and the President of the European Parliament of the invocation of the solidarity clause and of any major developments.
   6.   Upon invocation of the solidarity clause, the ERCC shall act as the central 24/7 contact point at Union level with Member States' competent authorities and other stakeholders, without prejudice to existing responsibilities within the Commission and the HR and to existing information networks. The ERCC will facilitate the production of Integrated Situational Awareness and Analysis (ISAA) reports, in collaboration with the EU Situation Room and other Union crisis centres, in accordance with Article 6 of this Decision.
   Article 6
   Integrated Situational Awareness and Analysis reports
   ISAA reports shall be tailored to the needs of the Union political level as defined by the Presidency of the Council, and shall allow for a strategic overview of the situation within the Council, in accordance with the IPCR arrangements. Such reports shall bring together validated contributions voluntarily made available by Member States, the Commission, the EEAS and by the relevant Union agencies, as well as by relevant international organisations. In the event of an invocation regarding a terrorist attack, intelligence assessments and briefings shall be handled separately through existing channels.
   Article 7
   Phasing out
   The phasing out of the response under this Decision shall follow the same procedure as that provided for in Article 4(2). The Member State having invoked the solidarity clause shall indicate as soon as it considers that there is no longer a need for the invocation to remain active.
   Article 8
   Threat assessment at Union level
   1.   In order to regularly assess the threats facing the Union, the European Council may request the Commission, the HR and Union agencies, where relevant, to produce reports on specified threats.
   2.   Unless otherwise stipulated by the European Council, any such reports shall be based solely on available assessments of threats compiled by relevant Union institutions, bodies and agencies under existing arrangements, and on information provided voluntarily by the Member States, while avoiding duplication of efforts. The EU Counter Terrorism Coordinator shall be associated with the preparation of such reports where relevant. In accordance with point (a) of Article 346(1) TFEU, no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security.
   Article 9
   Review
   1.   The arrangements under this Decision shall be reviewed periodically according to identified needs, and in any event within 12 months following the termination of the invocation to ensure that relevant lessons are identified and addressed. This review shall be carried out in the Council on the basis of a joint report prepared by the Commission and the HR.
   2.   Where appropriate, this Decision may be revised. In such cases, and in accordance with Article 222(3) TFEU, the Council shall be assisted by the Political and Security Committee and the Standing Committee on Operational Cooperation on Internal Security.
   3.   Where appropriate, the Council may adapt the IPCR arrangements, in particular to address needs identified by the Council in the context of a review or following a revision of this Decision.
   Article 10
   Financial Implications
   Any financial resources necessary for the implementation of this Decision shall be mobilised within the agreed annual expenditure limits and in accordance with the scope of existing Union instruments, while respecting the yearly multiannual financial framework ceilings.
   Article 11
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 24 June 2014.

            For the Council

            The President

         E. VENIZELOS

      (1)  Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).

      (2)  Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).

      (3)  As identified in Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75).

      (4)  Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors (OJ L 39, 9.2.2013, p. 1).

      (5)  Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).


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31997D0295

97/295/EC: Council Decision of 18 September 1995 on the conclusion of additional Protocols to the Europe Agreements on trade in textile products between the European Community and certain countries of Central and Eastern Europe (Bulgaria, Hungary, Poland, Romania, the Czech and Slovak Republics)

Official Journal L 127 , 20/05/1997 P. 0001 - 0001

COUNCIL DECISION of 18 September 1995 on the conclusion of additional Protocols to the Europe Agreements on trade in textile products between the European Community and certain countries of Central and Eastern Europe (Bulgaria, Hungary, Poland, Romania, the Czech and Slovak Republics) (97/295/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with Article 228 (2), first sentence,Having regard to the proposal from the Commission,Whereas the Commission has negotiated on behalf of the Community additional Protocols to the Europe Agreements on trade in textile products with the Republic of Bulgaria, the Republic of Hungary, the Republic of Poland, Romania, the Czech Republic and the Slovak Republic;Whereas those additional Protocols should be approved,HAS DECIDED AS FOLLOWS:Article 1The additional Protocols to the Europe Agreements on trade in textile products between the European Community and the Republic of Bulgaria, the Republic of Hungary, the Republic of Poland, Romania, the Czech Republic and the Slovak Republic are hereby approved on behalf of the Community.The texts of the additional Protocols are attached to this Decision.Article 2The President of the Council is hereby authorized to designate the person empowered to sign the additional Protocols on behalf of the European Community.Article 3The President of the Council shall give the notification provided for in Article 15 of each of the additional Protocols on behalf of the European Community.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 18 September 1995.For the CouncilThe PresidentP. SOLBES MIRA


Avis juridique important

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31993D0167

93/167/Euratom, EEC: Council Decision of 15 March 1993 adapting Decision 90/221/Euratom, EEC concerning the Framework Programme of Community activities in the field of research and technological development (1990 to 1994)

Official Journal L 069 , 20/03/1993 P. 0043 - 0044

COUNCIL DECISION of 15 March 1993 adapting Decision 90/221/Euratom,  EEC concerning the Framework Programme of Community activities in the field of research and  technological development (1990 to 1994)(93/167/Euratom, EEC)THE COUNCIL OF THE  EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  130q (1) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 7 thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the European Parliament  (2), Having regard to the opinion of the Economic and Social Committee  (3), Whereas Article 1 (3) or Decision 90/221/Euratom, EEC  (4) states that the total amount deemed  necessary for Community participation in the third Framework Programme shall be ECU 5  700 million,  of which ECU 2  500 million are deemed to be necessary during 1990, 1991 and 1992 and ECU 3  200  million during 1993 and 1994; Whereas, pursuant to Article 130i (3) of the EEC Treaty, the Framework Programme may be  supplemented, as the situation changes; Whereas, pursuant to Article 5 of Decision 90/221/Euratom, EEC, the Commission has examined and  assessed progress in carrying out the third Framework Programme and has also made an evaluation of  all the specific programmes implemented pursuant to Decision 87/516/Euratom, EEC  (5), the findings  of which it has communicated to the Community, together with its comments; Whereas, in the light of the above assessment, the scientific and technical objectives, the  priorities, the activities and the selection criteria of the third Framework Programme remain valid  for the period 1993 to 1994; Whereas Community research and technological development (RTD) actions should continue to be  selected on the basis of their scientific and technical quality and of their contribution to the  definition or implementation of Community policies, in particular the implementation of the Single  Market, the improvement of the international competitiveness of European industry and the  reinforcement of economic and social cohesion; Whereas it is necessary to ensure continuity of Community research and technological development  activities; whereas an analysis of the needs of the activities covered by the third Framework  Programme, as implemented by its specific programmes, has shown that supplementary financing of the  said programme is necessary to ensure such continuity; whereas this examination has enabled the  identification of the supplementary resources needed and of their breakdown between the various  activities set out in Annex I to Decision 90/221/Euratom, EEC; Whereas provision should also be made for ensuring the continuity of the centralized action to  dissiminate and exploit the results of research; Whereas the Commission commits itself to providing the Community institutions with all detailed  information concerning the use of the supplementary funds; Whereas the Scientific and Technical Research Committee (Crest) has been consulted; Whereas the Scientific and Technical Committee referred to in Article 7 of the EAEC Treaty has been  consulted by the Commission and has delivered its opinion, HAS DECIDED AS FOLLOWS: Sole Article Decision 90/221/Euratom, EEC is hereby amended as follows: -  in Article 1 (3) the figure '5  700` shall be replaced by '6  600` and the figure '3  200` by '4   100`, -  in the second subparagraph of Article 4, the figure '57` shall be replaced by '66`, -  Annex I shall be replaced by that appearing in the Annex to this Decision. Done at Brussels, 15 March 1993. For the Council The President M. JELVED  ANNEX 'ANNEX I BREAKDOWN OF THE AMOUNTS DEEMED NECESSARY TO IMPLEMENT THE VARIOUS ACTIVITIES ENVISAGED >TABLE>


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31985D0385

85/385/EEC: Council Decision of 10 June 1985 setting up an Advisory Committee on Education and Training in the Field of Architecture

Official Journal L 223 , 21/08/1985 P. 0026 - 0027 Finnish special edition: Chapter 6 Volume 2 P. 0109  Spanish special edition: Chapter 06 Volume 3 P. 0020  Swedish special edition: Chapter 6 Volume 2 P. 0109  Portuguese special edition Chapter 06 Volume 3 P. 0020

*****COUNCIL  DECISION  of 10 June 1985  setting up an Advisory Committee on Education and Training in the Field of Architecture  (85/385/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft decision submitted by the Commission,  Whereas, in its Resolution of 6 June 1974 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications (1), the Council declared itself in favour of the establishment of Advisory Committees;  Whereas, in the context of the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, it is important to ensure a comparably high standard of education and training;  Whereas in order to contribute to the achievement of this objective an Advisory Committee should be set up to advise the Commission,  HAS DECIDED AS FOLLOWS:  Article 1  An Advisory Committee on Education and Training in the Field of Architecture, hereinafter called the 'Committee', shall be set up under the auspices of the Commission.  Article 2  1. The task of the Committee shall be to help to ensure a comparably high standard of education and training for architects throughout the Community.  2. It shall carry out this task in particular by the following means:  - comprehensive exchange of information as to the education and training methods and the content, level and structure of theoretical and practical courses provided in the Member States;  - discussion and consultation with the object of developing common approaches to the standard to be attained in the education and training of architects and, as appropriate, to the structure and content of such education and training including criteria relating to practical experience;  - keeping under review the adapatation of the education and training of architects to developments in teaching methods and to new problems arising for architects as a result of social, scientific and technical developments and to the protection of the environment.  3. The Committee shall carry out the advisory tasks assigned to it under Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (2).  4. The Committee shall communicate to the Commission and the Member States its opinions and recommendations including, when it considers it appropriate, suggestions for amendments to be made to the Articles relating to the education and training of architects in Directive 85/384/EEC.  5. The Committee shall also advise the Commission on any other matter which the Commission may refer to it in relation to the education and training of architects.  Article 3  1. The Committee shall consist of three experts from each Member State as follows:  - one expert from the practising profession;  - one expert from the universities or equivalent teaching institutions in the field of architecture;  - one expert from the competent authorities of the Member State.  2. There shall be an alternate for each member. Alternates may attend the meetings of the Committee.  3. The members and alternates described in paragraphs 1 and 2 shall be nominated by the Member States. The members referred to in the first and second indents of paragraph 1 and their alternates shall be nominated on a proposal from, or after appropriate consultation with, the practising members of the profession or the universities or equivalent teaching institutions in the field of architecture. The members and alternates thus nominated shall be appointed by the Council.  Article 4  1. The term of office of members of the Committee shall be three years. Upon expiry of this period, the members of the Committee shall remain in office until they are replaced or their term of office is renewed.  2. The term of office of a member may end before expiry of the period of three years by virtue of the resignation or death of the member of his replacement by another person in accordance with the procedure laid down in Article 3. Such an appointment shall be for the remainder of the term of office.  Article 5  The Committee shall elect a Chairman and two Vice-Chairman from its own membership. It shall adopt its own rules of procedure. The agenda for meetings shall be drawn up by the Chairman of the Committee in consultation with the Commission.  Article 6  The Committee may set up working parties and may call upon or allow observers or experts to assist it in connection with any particular aspect of its work.  Article 7  The secretariat shall be provided by the Commission.  Done at Luxembourg, 10 June 1985.  For the Council  The President  M. FIORET  (1) OJ No C 98, 28. 8. 1974, p. 1.  (2) See page 15 of this Official Journal.


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32003D0246

2003/246/EC,Euratom: Commission Decision of 26 March 2003 amending its internal Rules of Procedure (notified under document number C(2003) 972)

Official Journal L 092 , 09/04/2003 P. 0014 - 0016

Commission Decisionof 26 March 2003amending its internal Rules of Procedure(notified under document number C(2003) 972)(2003/246/EC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 41(1) thereof,HAS DECIDED AS FOLLOWS:Article 1The Commission's provisions on operational procedures for management of crisis situations, the text of which is annexed to this Decision, are hereby added to the Commission's Rules of Procedure as an Annex.Article 2This Decision replaces the Decision having the same title adopted on 5 March 2003.Article 3This Decision shall enter into force and apply from 26 March 2003.Done at Brussels, 26 March 2003.For the CommissionNeil KinnockVice-PresidentANNEXCOMMISSION PROVISIONS ON OPERATIONAL PROCEDURES FOR CRISIS MANAGEMENTWhereas:(1) It is appropriate for the Commission to fix procedures permitting crisis situations to be managed, and in particular to ensure that all necessary decisions can be taken as efficiently and rapidly as possible, while ensuring that they remain subject to political control.(2) It is necessary for the Commission to establish an operational structure for crisis management.(3) The Commission provisions on Security(1) established as an Annex to the Internal Rules of Procedure of the Commission, provide for a member of the Commission to be responsible for security matters and for implementation of the Commission's security policy.(4) The general principles established in section 2 of the Annex to the Provisions on security establish general principles of legality, transparency, accountability and subsidiarity (proportionality) which apply equally to crisis management.Article 1The Security Office shall be integrated in the Directorate-General for Personnel and administration, and operate under the control of a Director of the Commission Security Office, who shall be responsible to the Member of the Commission responsible for security matters.Article 21. The crisis system shall consist of a management group, an operational team and a monitoring team.2. The management group shall meet under the chairmanship of the Deputy Secretary-General. It shall consist of a Member of the Cabinet of the President and of the Member of the Commission responsible for security matters, the Director of the Commission Security Office, Directors-General of the Legal Service, for Personnel and administration, and Press, and such other persons as the Deputy Secretary-General considers appropriate in the circumstances.It shall be responsible for advising the Commission and in particular the Member of the Commission responsible for security matters on appropriate measures to be taken to protect the staff and assets of the Commission, and ensure its operational effectiveness, in the event of crisis.3. The President, the Member of the Commission responsible for security matters and each Member of the Commission involved in the crisis shall be kept informed of crisis developments by the Chairman of the management group.4. A 24-hour, seven-days-a-week readiness service shall operate, on the basis of the constant presence of at least two officials, so that the Security Office can discharge its responsibilities.Article 31. The Member of the Commission responsible for security matters may at any time instruct the Director of the Commission Security Office to put the crisis management system into operation.2. The Director of the Commission Security Office may decide, on his/her own initiative, that, on the basis of the information available to him/her, it is appropriate to put a crisis management system into operation.Article 4To enable decisions to be taken with sufficient speed to ensure the protection of Commission staff, information, buildings and other assets from any threat and to ensure its operational capacity, in situations where urgency precludes the use of usual decision-making procedures:1. the Member of the Commission responsible for security matters may take any decision he/she considers necessary to protect the staff and assets of the Commission from such threat;2. in situations of extreme emergency the Director of the Commission Security Office may take similar decisions to those provided for in paragraph 1 acting where possible in consultation with the Management Group. Any use of these powers shall immediately be reported to the Member of the Commission responsible for Security, for review, and where appropriate endorsement, amendment or revocation;3. in situations of extreme emergency the head of a Commission mission or delegation or of a representation or regional representation in the Member States may take similar decisions to those provided for in paragraph 1. Any use of these powers shall immediately be reported to the Member of the Commission responsible for security matters, for review, and where appropriate endorsement, amendment or revocation4. Any decision taken pursuant to paragraphs 1 to 3 shall be submitted to the next meeting of the College for review, and where appropriate endorsement, amendment or revocation.Article 5Article 5 of Commission Decision C(94) 2129 is repealed.(1) OJ L 317, 3.12.2001, p. 1.


Avis juridique important

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31980D0565

80/565/Euratom: Council Decision of 9 June 1980 approving the conclusion by the Commission of the International Convention on the physical protection of nuclear material

Official Journal L 149 , 17/06/1980 P. 0041 - 0041 Greek special edition: Chapter 12 Volume 2 P. 0053  Spanish special edition: Chapter 12 Volume 3 P. 0213  Portuguese special edition Chapter 12 Volume 3 P. 0213

COUNCIL DECISION  of 9 June 1980  approving the conclusion by the Commission of the International Convention on the physical protection of nuclear material  (80/565/Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,  Having regard to the Commission draft,  Whereas the Commission has, in conformity with the Council Directives, negotiated the International Convention on the physical protection of nuclear material;  Whereas, therefore, the conclusion of the said Convention by the Commission should be approved,  HAS DECIDED AS FOLLOWS:    Sole Article The conclusion by the Commission of the International Convention on the physical protection of nuclear material is hereby approved.     Done at Luxembourg, 9 June 1980.  For the Council  The President  F. PANDOLFI


title: Council Decision of 21 March 1974 on the Community financing of certain expenditure in respect of the food aid in the form of cereals supplied under the 1973/74 Programme

text:
No L 93/22                             Official Journal of the European Communities                              4 . 4 . 74
                                                               II
                                          (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                   COUNCIL DECISION
                                                      of 21 March 1974
             on the Community financing of certain expenditure in respect of food aid in the
                            form of cereals supplied under the 1973/74 Programme
                                                         (74/ 186/ EEC)
THE COUNCIL OF THE EUROPEAN                                         HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                Sole Article
Having regard to the Treaty establishing the European               As part of the Community s food aid activities in the
Economic Community ;                                                form of cereals under the 1973/74 Programme,
                                                                    Community financing shall extend to expenditure on
                                                                    despatch and distribution beyond the stage of delivery
Having regard to Council Regulation (EEC) No
                                                                    at the port of shipment for the following organiza
1703/72 (') of 3 August 1972 amending Regulation
                                                                    tions and on the following terms :
(EEC) No 2052/69 on the Community financing of
expenditure arising from the implementation of the                  — World Food Programme : deliveries to the port of
Food Aid Convention of 1967 and laying down rules                       shipment and payment of a fixed contribution to
for the Community financing of expenditure arising                      that organization towards the cost of despatch to
from the implementation of the Food Aid Convention                      the place of destination and towards the cost of
of 1971 and in particular Articles 8(1 ) and 10(1 )                     distribution ;
thereof ;                                                           — International Red Cross Committee and United
                                                                        Nations Children 's Fund : deliveries to the place
Having regard to the proposal from the Commission ;                     of destination agreed by the Community ;
                                                                    — United Nations Relief and Works Agency for
                                                                        Palestine Refugees : deliveries cif.
Whereas it appears necessary for the Community to
bear the cost of despatching and distributing cereals               Done at Brussels , 21 March 1974 .
allotted as aid under the 1973/74 Programme to the
                                                                                For the Council
World Food Programme, the International Red Cross
Committee, the United Nations Children's Fund and                                1                The President
the United Nations Relief and Works Agency for
Palestine Refugees,                                                                                J. ERTL
(•) OJ No L 180, 8 . 8 . 1972, p . 1 .


title: Decision of the European Systemic Risk Board of 27 January 2014 on a coordination framework regarding the notification of national macro-prudential policy measures by competent or designated authorities and the provision of opinions and the issuing of recommendations by the ESRB (ESRB/2014/2)

text:
               3.4.2014

               EN

               Official Journal of the European Union

               C 98/3

      DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD

   of 27 January 2014
   on a coordination framework regarding the notification of national macro-prudential policy measures by competent or designated authorities and the provision of opinions and the issuing of recommendations by the ESRB
   (ESRB/2014/2)
   2014/C 98/03
   THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,
   Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1), and in particular Article 458 thereof,
   Having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (2), and in particular Article 133 thereof,
   Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (3), and in particular Article 3(2)(j) thereof,
   Having regard to Recommendation ESRB/2011/3 of the European Systemic Risk Board of 22 December 2011 on the macro-prudential mandate of national authorities (4),
   Having regard to Recommendation ESRB/2013/1 of the European Systemic Risk Board of 4 April 2013 on intermediate objectives and instruments of macro-prudential policy (5),
   Whereas:

               (1)

               The European Systemic Risk Board (ESRB) is responsible for conducting macro-prudential oversight in the Union in order to contribute to the prevention or mitigation of systemic risks to financial stability in the Union. The ESRB identifies systemic risks, including those that, in its opinion, should be addressed by macro-prudential policy measures. The ESRB may encourage relevant action and thus contribute (a) to ensuring that the ultimate objective of macro-prudential policy is met and (b) to counteracting potential inaction bias, including both the activation and de-activation of macro-prudential measures, that may be present in macro-prudential policy in some circumstances.

               (2)

               The ESRB’s overarching objective is to ensure that macro-prudential policies pursued by competent or designated authorities prevent or mitigate systemic risks in both a timely and effective manner and are at the same time compatible with and conducive to the smooth functioning of the Union’s internal market.

               (3)

               The ESRB should contribute to achieving the objectives of the internal market and specifically contribute to an integrated Union supervisory structure which is necessary to promote timely and consistent policy responses among the Member States. This should prevent diverging approaches and should improve the functioning of the internal market. To this end, the ESRB may encourage mutual recognition of macro-prudential measures by competent or designated authorities, particularly in cases where mutual recognition is provided for under Union legislation. With an enhanced understanding of macro-prudential policies the ESRB may recommend mutual recognition also in other cases in the future.

               (4)

               In accordance with its mandate, the ESRB will liaise with international financial organisations and macro-prudential authorities in third countries and will assess the need for Union-wide macro-prudential policy responses to systemic risks and macro-prudential policies in third countries.

               (5)

               The new Union banking regulatory framework contains two separate legislative instruments: Directive 2013/36/EU(hereinafter the ‘Capital Requirements Directive’ (CRD)) and Regulation (EU) No 575/2013(hereinafter the ‘Capital Requirements Regulation’ (CRR)). The provisions of the CRD are less prescriptive than those of the CRR. Therefore, Member States have a high degree of flexibility to apply macro-prudential instruments based on the CRD, for example, the various capital buffers. By contrast, the macro-prudential instruments provided for in Article 458 of the CRR do not offer the same degree of flexibility. Their use by national authorities is subject to a particular procedure, which at the same time sets out the scope of application.

               (6)

               The CRD and the CRR lay down several notification requirements that competent or designated authorities need to observe in relation to the ESRB in the context of macro-prudential supervision, in particular in the following provisions: Articles 129(2), 130(2), 131(7), 131(12), 133, 134(2), 136(7) and 160 of the CRD as well as Article 99(7) and Article 458 of the CRR.

               (7)

               Pursuant to Article 133 of the CRD and Article 458 of the CRR, the ESRB is required to provide opinions or issue recommendations on specific macro-prudential measures within one month of receiving notification of such measures. For the purpose of delivering such opinions and recommendations, the ESRB will assess the appropriateness of the intended measures from a macro-prudential perspective based on the notification received from the respective authority and on its own analysis.

               (8)

               As stated in Article 458 of the CRR, the legal basis for providing such opinions requires a justification of why other prudential instruments specified in the CRD and the CRR cannot adequately address the identified systemic risk, taking into account the relative effectiveness of those measures. For this purpose, the ESRB will assess from a macro-prudential perspective the underlying rationale as well as the merit of the measures notified in terms of justification, effectiveness, efficiency and proportionality.

               (9)

               In its assessment, the ESRB will also consider the potential cross-border implications of notified measures, and, if deemed necessary, may suggest certain amendments to the measures notified in order to mitigate potential negative spillover effects within the context of the Union internal market. However, the ESRB will focus on the overall net benefits of macro-prudential measures from a financial stability perspective.

               (10)

               The ESRB will also contribute to the coordination and the development over time of coherent and consistent macro-prudential policy responses to systemic risks in the Union, thus fostering a better understanding of and promoting best practices in macro-prudential policy.

               (11)

               Since the ESRB shall deliver its opinions or recommendations within one month of receiving a notification, in accordance with Article 133 of the CRD and Article 458 of the CRR, a smooth and efficient process for assessing notified measures and delivering opinions or recommendations has to be ensured.

               (12)

               As important elements of such a smooth and efficient process, notifying authorities are asked to provide notifications of measures in English using the templates published by the ESRB on its website and write the notification as precisely and concisely as possible.

               (13)

               In addition, to allow the ESRB Secretariat to make the necessary administrative and organisational arrangements in good time, notifying authorities are asked to inform the ESRB Secretariat informally of an imminent notification, whenever possible five ECB working days prior to submitting the notification.

               (14)

               This Decision establishes commonly accepted efficient procedures by the members of the ESRB’s General Board. By virtue of the publication of this Decision in the Official Journal of the European Union, national macro-prudential authorities and other relevant national bodies not represented on the ESRB’s General Board are informed on the procedures by which the ESRB will provide opinions or issue recommendations on macro-prudential policy measures adopted by competent or designated authorities. However, this Decision does not create any legally binding obligation beyond those pursuant to legal acts of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   This Decision establishes a common procedural framework regarding the provision of opinions and issuing of recommendations by the ESRB in accordance with the CRD and the CRR. Such opinions and recommendations shall be produced in accordance with this Decision.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (1)

               ‘notification’ means any notification to the ESRB by competent or designated authorities, including the ECB pursuant to Article 9 of Council Regulation (EU) No 1024/2013 (6), in accordance with Article 133 of the CRD and Article 458 of the CRR;

               (2)

               ‘opinion’ means any opinion to be provided by the ESRB within one month in accordance with Article 133 of the CRD and Article 458 of the CRR;

               (3)

               ‘recommendation’ means any recommendation to be issued by the ESRB within one month in accordance with Article 133(14) of the CRD;

               (4)

               ‘macro-prudential policy measure’ means any decision regarding measures by competent or designated authorities, which shall be notified to the ESRB in accordance with Article 133 of the CRD and Article 458 of the CRR, on which the ESRB shall provide an opinion or issue a recommendation in accordance with points (1) to (3).

         Article 3
   Notification to the ESRB
   1.   Article 3 shall apply to any notification within the meaning of Article 2(1). It shall not create any legally binding obligation beyond those pursuant to legal acts of the Union.
   2.   To ensure a smooth and efficient process, the notifying authorities are asked to submit notifications in English. Where the ESRB has published a notification template, the notifying authorities are requested to use such template when making a notification. The ESRB shall publish such templates on its website.
   3.   The notification shall contain all relevant information in accordance with the respective requirements under the CRD and the CRR. It should be written as precisely and concisely as possible.
   4.   Unless non-publication is specifically requested by the notifying authority or otherwise deemed necessary by the ESRB for reasons of financial stability, notifications shall be made public by the ESRB three months after the day of receipt.
   Article 4
   ESRB opinions and recommendations
   1.   Article 4 shall apply to all opinions and recommendations within the meaning of Article 2(2) and (3).
   2.   If, despite a request by the ESRB to the notifying authorities for further information, the notification and information received in case of further clarification do not contain all relevant information needed to assess the appropriateness of the intended measure, including its compliance with the respective requirements under the CRD and the CRR, the ESRB may provide an opinion stating that it is not possible to assess conformity with the CRD and CRR requirements. The ESRB may also provide a negative opinion or issue a negative recommendation, as the case may be.
   3.   Once a notification is received pursuant to Article 133 of the CRD or Article 458 of the CRR, the ESRB Secretariat shall immediately submit it to all Members of the General Board and to all members of the Assessment Team as defined in Article 5 via Darwin using the confidentiality procedure.
   4.   Within five ECB working days following the day of receipt of a notification in accordance with paragraph 3, each Member of the General Board may raise with the ESRB material concerns regarding negative externalities in the sense of adverse cross-border spillover effects of the macro-prudential policy measure notified. To ensure a smooth and efficient process, Members are asked to raise such material concerns in English. Members shall provide all relevant information needed to assess the appropriateness of such material concerns as part of the assessment pursuant to paragraph 5 as precisely and concisely as possible.
   5.   Within 12 ECB working days following the day of receipt of a notification in accordance with paragraph 3, the Assessment Team shall prepare an assessment of and a draft opinion or recommendation on the macro-prudential policy measure regarding its appropriateness in accordance with the respective requirements under CRD and CRR from a macro-prudential and financial stability perspective. The Assessment Team shall take due account of appropriate material concerns raised with the ESRB pursuant to paragraph 4.
   6.   As soon as it is finalised by the Assessment Team, the ESRB Secretariat shall immediately submit the draft opinion or recommendation, via Darwin using the confidentiality procedure, to all Members of the General Board for consideration under the written procedure. Within four ECB working days following the day of submission Members of the General Board may provide comments on the draft opinion or recommendation prior to taking a General Board decision.
   7.   Within two ECB working days following the day by which comments of Members of the General Board were due, the Assessment Team will consider whether the draft opinion or recommendation should be revised in light of those comments and will submit, via the ESRB Secretariat, the final draft opinion or recommendation to the General Board.
   8.   Based on the assessment and draft prepared by the Assessment Team, the General Board shall take a decision on the draft opinion or draft recommendation. Unless a General Board meeting is convened in accordance with the Rules of Procedure of the ESRB, the decision by the General Board shall be taken by way of written procedure, in which case the Members of the General Board shall be given at least five ECB working days to cast their vote. The decision by the General Board shall be taken, at the latest, at least one ECB working day prior to the expiry of the one-month period specified in Article 133 of the CRD or Article 458 of the CRR.
   9.   Unless non-publication is specifically requested by the notifying authority or otherwise deemed necessary by the ESRB for reasons of financial stability, the ESRB opinion or recommendation shall be made public by the ESRB three months after approval or rejection of the macro-prudential policy measure in accordance with the provisions of the CRD and the CRR. Until the expiry of this three-month period, such opinion or recommendation shall be non-public and confidential.
   Article 5
   Assessment Team
   1.   An Assessment Team shall be established as a permanent sub-structure under the Advisory Technical Committee. It shall prepare assessments of and draft opinions or recommendations on macro-prudential policy measures. Members and observers of the Assessment Team shall have a sufficient level of seniority, both from a technical and a policy perspective.
   2.   Permanent members of the Assessment Team shall comprise two representatives from the ESRB Secretariat, one representative from the ECB, one representative from the Single Supervisory Mechanism (SSM) and nine representatives each representing a national central bank (NCB) of a Member State (hereinafter the ‘nine representatives’) as provided for in paragraph 8.
   3.   Permanent observers on the Assessment Team shall comprise two representatives from the European Commission and one representative from the European Banking Authority.
   4.   Non-permanent observers on the Assessment Team shall comprise two representatives, one from the NCB and one from the national competent or designated authority, as appropriate, from each Member State that has notified a macro-prudential policy measure, and one representative from each institution, which is represented by a Member of the ESRB General Board, that has raised material concerns in accordance with Article 4(4).
   5.   Where, pursuant to Article 5(2) of Regulation (EU) No 1024/2013, the ECB, instead of national authorities, notifies a macro-prudential policy measure at national level, the ECB shall be represented by one non-permanent observer and each Member State concerned shall be represented by two non-permanent observers designated in accordance with paragraph 4.
   6.   The role of non-permanent observers in the Assessment Team is to provide information and explanations to the permanent members regarding macro-prudential measures notified or material concerns raised.
   7.   The Chair of the Assessment Team shall be a representative of the ESRB Secretariat.
   8.   Based on nominations by the NCBs of Member States, the General Board shall appoint nine representatives, each representing an NCB of a Member State, to the Assessment Team. The nine representatives shall be subject to a rotation mechanism. Initially, for the first term, four of the nine representatives shall be appointed for a period of two years and five of the nine representatives shall be appointed for a period of three years and their term shall not be immediately renewable. Thereafter, the term of each of the nine representatives shall be limited to two years and shall not be immediately renewable. The composition of the nine representatives shall ensure a balanced representation of NCBs both from Member States participating in the SSM and from those not participating in the SSM.
   9.   To avoid conflicts of interest in the assessment of macro-prudential policy measures, the status of permanent member shall temporarily cease, without replacement, for representatives of NCBs or the representative of the ECB in all cases where authorities of the respective Member State or the ECB have notified a macro-prudential policy measure or raised material concerns regarding the macro-prudential policy measure to be assessed by the Assessment Team. Paragraphs 4 and 5 shall continue to apply.
   10.   The permanent members of the Assessment Team shall prepare draft opinions or recommendations in accordance with Article 4(5) on which the General Board can take a vote. The Assessment Team shall strive towards consensus among its permanent members. Where circumstances require, it may provide a majority and a minority view in its assessment submitted to the General Board.
   Article 6
   Entry into force
   This Decision shall enter into force on 28 January 2014.

      Done at Frankfurt am Main, 27 January 2014.

            The Chair of the ESRB

         Mario DRAGHI

      (1)  OJ L 176, 27.6.2013, p. 1.

      (2)  OJ L 176, 27.6.2013, p. 338.

      (3)  OJ L 331, 15.12.2010, p. 1.

      (4)  OJ C 41, 14.2.2012, p. 1.

      (5)  OJ C 170, 15.6.2013, p. 1.

      (6)  Council Regulation (EU) No 1024/2013of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).