title: Council Decision 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA

text:
               8.12.2009

               EN

               Official Journal of the European Union

               L 321/44

      COUNCIL DECISION 2009/902/JHA
   of 30 November 2009
   setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Articles 30(1), 31 and 34(2)(c) thereof,
   Having regard to the initiative of the Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Republic of Hungary, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (1),
   Having regard to the Opinion of the European Parliament,
   Whereas:

               (1)

               The Tampere European Council of 15 and 16 October 1999 concluded that there was a need to develop crime prevention measures, to exchange best practices and to strengthen the network of competent national authorities for crime prevention, as well as cooperation between national organisations specialising in this field, specifying that this cooperation could have as its chief priorities juvenile, urban and drug-related crime. To this end, a study of the possibility of a programme financed by the Community was called for.

               (2)

               Recommendation 6 of the European Union strategy for the beginning of the new millennium on the prevention and control of organised crime (2) calls for the Council to be assisted by suitably qualified experts on crime prevention, such as the national focal points, or by establishing a network of experts from national crime prevention organisations.

               (3)

               Council Decision 2001/427/JHA established a European Crime Prevention Network (3).

               (4)

               An external evaluation of the European Crime Prevention Network which was conducted in 2008-2009 identified opportunities for strengthening the Network which were accepted by the EUCPN Board and which make it necessary to repeal Decision 2001/427/JHA and to replace it by a new Council Decision concerning the Network.

               (5)

               The evaluation identified the need for more engagement in the activities of the Network by the national representatives.

               (6)

               A number of changes are required to strengthen the Network which include amendments to the provisions dealing with contact points, the Secretariat, the structure of the Board and its tasks, including the appointment of the Chair.

               (7)

               Changes in the composition of the Network should be efficient and cost-effective, drawing on previous experiences of Member States in funding and carrying out the secretarial and other Network tasks. The Board should increase efforts in cooperating to investigate and exploit to their full potential, the possibilities for funding through the general budget of the European Union. This could be done on the basis of either framework partnerships or that the Network is included in the list of recognised monopoly bodies in the relevant financing programme.

               (8)

               Other provisions should be based on Decision 2001/427/JHA,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Setting-up
   A European Crime Prevention Network, hereinafter referred to as ‘the Network’, is hereby set up. It shall be regarded as the successor to the European Crime Prevention Network established by Decision 2001/427/JHA.
   Article 2
   Objective
   1.   The Network shall contribute to developing the various aspects of crime prevention at the Union level, taking account of the European Union crime preventive strategy, and shall support crime prevention activities at the national and local level.
   2.   Crime prevention shall cover all measures that are intended to reduce or otherwise contribute to reducing crime and citizens' feeling of insecurity, both quantitatively and qualitatively, either through directly deterring criminal activities or through policies and actions designed to reduce the potential for crime and the causes of crime. It includes work of government, competent authorities, criminal justice agencies, local authorities and the specialist associations they have set up in Europe, the private and voluntary sectors, researchers and the public, supported by the media.
   Article 3
   Structure and composition
   1.   The Network shall consist of a Board and a Secretariat as well as contact points which may be designated by each Member State.
   2.   The Board shall be made up of national representatives, with a Chair and an Executive Committee.
   3.   Each Member State shall appoint a national representative and may appoint a substitute.
   4.   The Chair shall be appointed from within the body of the national representatives.
   5.   The Executive Committee shall be led by the Chair and shall be composed of up to six further members of the Board and a representative designated by the Commission.
   Article 4
   Tasks of the Network
   The Network shall, in particular:

               (a)

               facilitate cooperation, contacts and exchanges of information and experience between actors in the field of crime prevention;

               (b)

               collect, assess and communicate evaluated information including good practice on existing crime prevention activities;

               (c)

               organise conferences, in particular an annual Best Practice Conference, and other activities, including the annual European Crime Prevention Award, designed to achieve the objectives of the Network and to share widely the results thereof;

               (d)

               provide its expertise to the Council and the Commission as required;

               (e)

               report to the Council on its activities each year through the Board and the competent working bodies. The Council shall be invited to endorse the report and forward it to the European Parliament;

               (f)

               develop and implement a work programme based on a clearly defined strategy that takes account of identifying and responding to relevant crime threats.

         Article 5
   Information exchange
   To accomplish its tasks, the Network shall:

               (a)

               favour a multidisciplinary approach;

               (b)

               be in close contact, through the national representatives and the contact points, with crime prevention bodies, local authorities, local partnerships and civil society as well as with research institutions and nongovernmental organisations in the Member States;

               (c)

               set up and maintain its own website, containing its regular reports and any other useful information, in particular a compendium of best practices;

               (d)

               endeavour to use and promote the results of projects, relevant for crime prevention, funded through Union programmes.

         Article 6
   Responsibilities
   1.   The Executive Committee shall provide support to the Chair to ensure, inter alia:

               (a)

               the development of the Network's strategy for approval by the Board;

               (b)

               the effective running of the Board, and

               (c)

               the development and carrying-out of the work programme.

         2.   The tasks of the Board shall include:

               (a)

               to ensure the proper functioning of the Network in accordance with this Decision, including deciding on the practical organisation of the Secretariat functions;

               (b)

               to develop and adopt a financial regulation;

               (c)

               to approve the Network’s strategy, which contributes to developing crime prevention at the Union level;

               (d)

               to adopt and ensure delivery of the Network's work programme;

               (e)

               to adopt an annual report of the Network's activities.

         3.   The Board shall adopt its Rules of Procedure by unanimous decision containing, inter alia, the provisions on the appointment and term of office of the Chair and of the members of the Executive Committee, the decision-making arrangements of the Board, the language arrangements, the tasks, organisation and resources of the Secretariat, and administrative arrangements for the cooperation with other entities as referred to in Article 8.
   4.   The Secretariat shall support the Board. It shall function on a permanent basis, for the full benefit of the Network, while respecting confidentiality as required. It shall have the following tasks:

               (a)

               to provide administrative and general support in the preparation of meetings, seminars and conferences; to draft the annual report and the work programme, to support implementation of the work programme and to provide a focal point for communication with the Network members;

               (b)

               to provide an analytical and support function to identify ongoing research activity in the field of crime prevention and related information that would be of use to the Network;

               (c)

               to take overall responsibility for hosting, developing and maintaining the Network website.

         5.   Each national representative shall promote the Network's activities at the national and local level and facilitate the provision, maintenance and exchange of crime prevention material between his Member State and the Network.
   6.   Contact points shall support national representatives in exchanging national crime prevention information and expertise within the Network.
   7.   The Secretariat shall report to and its performance shall be overseen by the Chair and the Executive Committee.
   8.   Member States are responsible for the financing of the Network and its activities. Member States shall, through the Board, cooperate to ensure cost-effective financing of the Network and its activities.
   9.   Paragraph 8 is without prejudice to the possibilities to seek and obtain financial support from the general budget of the European Union.
   Article 7
   Board meetings
   The Board shall meet at least once during each half year on the invitation of the Chair.
   Article 8
   Cooperation with other entities
   The Network may cooperate with other entities competent in the field of crime prevention where it is relevant to meeting its objectives.
   Article 9
   Evaluation
   The Commission shall present an evaluation report to the Council on the activities of the Network with a special focus on the efficiency of the work of the Network and its Secretariat, taking due account of the interaction between the Network and other relevant stakeholders, by 30 November 2012. Based on the results of this evaluation, an assessment shall be carried out to identify possible opportunities that could be achieved by for example transferring the Secretariat to an existing Agency.
   Article 10
   Repeal
   Decision 2001/427/JHA is hereby repealed.
   Article 11
   Taking of effect
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ C 222, 15.9.2009, p. 2.

      (2)  OJ C 124, 3.5.2000, p. 1.

      (3)  OJ L 153, 8.6.2001, p. 1.


Avis juridique important

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31981D0416

81/416/EEC: Commission Decision of 27 May 1981 on the appointment of two members to the Scientific and Technical Committee for Fisheries

Official Journal L 158 , 16/06/1981 P. 0025

****( 1 ) OJ NO L 156 , 23 . 6 . 1979 , P . 29 .  ( 2 ) THE MEMBERS OF THE SCIENTIFIC AND TECHNICAL COMMITTEE FOR FISHERIES ARE LISTED IN OJ NO C 264 , 19 . 10 . 1979 , P . 3 .    COMMISSION DECISION   OF 27 MAY 1981   ON THE APPOINTMENT OF TWO MEMBERS TO THE SCIENTIFIC AND TECHNICAL COMMITTEE FOR FISHERIES  ( 81/416/EEC )   THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COMMISSION DECISION 79/572/EEC OF 8 JUNE 1979 RELATING TO THE INSTITUTION OF A SCIENTIFIC AND TECHNICAL COMMITTEE FOR FISHERIES ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   WHEREAS THE ACCESSION OF GREECE TO THE EUROPEAN COMMUNITIES HAS MADE IT NECESSARY TO APPOINT TWO NEW MEMBERS TO THE COMMITTEE ;   WHEREAS THE APPOINTMENTS OF THE NEW MEMBERS SHOULD EXPIRE ON THE SAME DATE AS THOSE OF THE OTHER MEMBERS OF THE COMMITTEE ( 2 ),   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   N . TSIMENIDES AND M . KANAKAS ARE APPOINTED MEMBERS OF THE SCIENTIFIC AND TECHNICAL COMMITTEE FOR FISHERIES FOR THE PERIOD EXPIRING ON 11 SEPTEMBER 1981 .   DONE AT BRUSSELS , 27 MAY 1981 .   FOR THE COMMISSION   GEORGES CONTOGEORGIS   MEMBER OF THE COMMISSION


title: Council Decision 2010/576/CFSP of 23 September 2010 on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)

text:
               29.9.2010

               EN

               Official Journal of the European Union

               L 254/33

         COUNCIL DECISION 2010/576/CFSP
   of 23 September 2010
   on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,
   Whereas:

               (1)

               On 12 June 2007, the Council adopted Joint Action 2007/405/CFSP (1) establishing a European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo) (hereinafter referred to as ‘EUPOL RD Congo’ or ‘the Mission’).

               (2)

               On 23 June 2008, the Council adopted Joint Action 2008/485/CFSP (2) amending and extending Joint Action 2007/405/CFSP until 30 June 2009.

               (3)

               On 15 June 2009, the Council adopted Joint Action 2009/466/CFSP (3) amending and extending Joint Action 2007/405/CFSP until 30 June 2010.

               (4)

               On 14 June 2010, the Council adopted Council Decision 2010/329/CFSP (4) amending and extending Joint Action 2007/405/CFSP until 30 September 2010.

               (5)

               EUPOL RD Congo should be continued for a further year until 30 September 2011.

               (6)

               The command and control structure of the Mission should be without prejudice to the contractual responsibility of the Head of Mission towards the Commission for implementing the budget of the Mission.

               (7)

               The Watch-Keeping Capability established within the General Secretariat of the Council should be activated for the Mission.

               (8)

               The Mission will be conducted in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy (CFSP) as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Mission
   1.   The European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (hereinafter referred to as ‘EUPOL RD Congo’ or ‘the Mission’), established by Joint Action 2007/405/CFSP, shall be extended for the period from 1 October 2010 to 30 September 2011.
   2.   EUPOL RD Congo shall operate in accordance with the Mission statement set out in Article 2 and shall carry out the tasks set out in Article 3. It shall operate without prejudice to DRC ownership of SSR.
   Article 2
   Mission statement
   1.   In order to improve the maturity and sustainability of the reform process of the Congolese National Police (PNC), EUPOL RD Congo shall assist the Congolese authorities in the implementation of the Police Action Plan, covering the priorities of the Police Reform process for the period 2010-2012, and building on the guidelines of the Strategic Framework. EUPOL RD Congo shall focus on concrete activities and projects to underpin its action at the strategic level of the reform process, on capacity building and on enhancement of the interaction between the PNC and the wider criminal justice system with a view to better supporting the fight against sexual violence and impunity. EUPOL RD Congo shall work in close coordination and cooperation with other Union, international and bilateral donors, with a view to avoiding duplication of efforts.
   2.   The particular objectives of the Mission shall be:

               (a)

               to support the overall SSR process at the strategic level in the Democratic Republic of the Congo (DRC) with a particular emphasis on the reform of the PNC and its interaction with the judiciary;

               (b)

               to support the implementation of the Police Reform and the improvement of the PNC operational capacity and accountability through mentoring, monitoring and advising (MMA) activities;

               (c)

               to enhance the knowledge and capacity of senior PNC officials, trainers and training systems, including through the provision of strategic training courses;

               (d)

               to support the fight against impunity in the field of human rights and sexual violence.

         3.   The Mission shall have a Project Cell for identifying and implementing projects. The Mission shall advise the Member States and third States and shall coordinate and facilitate, under their responsibility, the implementation of their projects in fields which are of interest to the Mission and in furtherance of its objectives.
   Article 3
   Mission tasks
   In order to achieve its objectives, the tasks of EUPOL RD Congo shall be as follows:

               1.

               to support the overall SSR process at the strategic level in DRC with a particular emphasis on the reform of the PNC and its interaction with the judiciary:

                           —

                           by supporting the work and evolution of the Police Reform Monitoring Committee (CSRP) and its Working Groups, including by providing assistance in the preparation of the relevant legal and sub-legal framework of the Police Reform in order to contribute to the finalisation of the conception work,

                           —

                           by contributing to and advising on the establishment and development of the bodies to be created for the Police Reform, contributing to their activities by providing specialist expertise in the most relevant domains for the implementation of Police Reform,

                           —

                           by contributing to the enhancement of the links between the Ministry of Interior and the Ministry of Justice with a view to increasing levels of cooperation and understanding between the two Ministries,

                           —

                           by participating in the activities of the Joint Justice Committee (Comité Mixte de Suivi du Programme Cadre de la Justice) and assisting, as appropriate, in the review of the criminal legal framework, while supporting, as appropriate, the Joint Defence Committee, with a view to supporting coherence and consistency among the different pillars of SSR,

                           —

                           by joining wider Union efforts and activities to support inter-ministerial coordination and coherence;

               2.

               to support the implementation of the Police Reform and the improvement of the PNC operational capacity and accountability through MMA activities:

                           —

                           by advising on the design and implementation of an adequate organisational structure for the PNC and supporting data collection activities in order to establish a complete census of police officers,

                           —

                           by mentoring, monitoring and advising personnel, including by co-location if appropriate, in the technical directorates within the PNC Inspectorate and at Headquarters (HQ) to advise and assist in the implementation of the reform process and in the integration of all police services within one single institution. This task needs to be closely coordinated with the UN MONUSCO operation, taking into account their deployment across the Congolese territory,

                           —

                           by supporting the integration of the crime police (Police Judiciaire des Parquets) into the PNC, in order to help to establish an effective interface between the crime police and the prosecution service. The Mission will work towards this by advising as appropriate key actors in the field of criminal justice, in close coordination with the Commission and partners’ programmes,

                           —

                           by supporting the newly created police audit service (Inspection Générale d'Audit) through efforts to strengthen its institutional and operational capacity in order to provide the citizens and authorities with a key instrument of democratic control over the police force,

                           —

                           by mentoring and advising the crime police in Kinshasa, especially through the Police de Recherche et d'Intervention, in improving its standards and its capability to effectively prevent and investigate crimes,

                           —

                           by supporting the implementation of the Police Action Plan in order to enable the PNC to have at its disposal, to the largest extent possible, the instruments, decision-making processes and means to guarantee a proper keeping of public order, while fully respecting the fundamental freedoms granted in the Constitution as well as the international human rights standards,

                           —

                           by helping the PNC to upgrade the coordination, coherence and flexibility of its decision-making process by supporting the reinforcement of the Command and Control Centre as well as the Operations Centre in Kinshasa, in close cooperation with other partners already working in this area,

                           —

                           by contributing to the finalisation of a Community Policing (Police de proximité) concept and by participating in the pilot project of the Commissariat de Référence, with the aim of strengthening a confidence between the population and the police and of enhancing security both in objective terms and in the public perception;

               3.

               to enhance the knowledge and capacity of senior PNC officials, trainers and training systems, including through the provision of strategic training courses:

                           —

                           by assisting in the enhancement of training capabilities at the School for Crime Police Officers in Kinshasa,

                           —

                           by supporting the establishment and operation of the Police Academy in Kasapa, Lubumbashi, including logistics and equipment,

                           —

                           by supporting the professional development of senior PNC officials with a view to improving the leadership and management skills,

                           —

                           by undertaking an assessment of current PNC training needs and resources,

                           —

                           by contributing to the definition of the regulatory and educational framework for the start-up and operation of the Police Academy,

                           —

                           by developing and introducing PNC training manuals for basic and specific training,

                           —

                           by contributing to the institutionalisation of the Community Policing (Police de proximité) concept with training,

                           —

                           by participating in the selection and training of trainers for police,

                           —

                           by providing specialist training in areas that support the achievement of the objectives of the Mission;

               4.

               to support the fight against impunity in the field of human rights and sexual violence:

                           —

                           by assisting the relevant groups of the CSRP and of the implementation bodies of Police Reform,

                           —

                           by supporting the development of a coherent policy for the PNC and the Inspection Générale d'Audit against sexual violence,

                           —

                           by helping to create, and by monitoring and mentoring specialised units within the police to fight against sexual violence and crimes related to children as well as impunity, and increase their operationalisation through MMA activities,

                           —

                           by supporting the organisation of actions aimed at increasing the awareness of police officers of the problem of sexual violence and impunity,

                           —

                           by monitoring and following up PNC and judicial activities in this field, advising, as appropriate, relevant representatives of prosecution services, of military courts and of the crime police, in coordination with the other national and international key players;

               5.

               Other tasks/Project Cell:

                           —

                           to support the Commission as required, especially in its projects for an integrated system for human resources management and for the police census,

                           —

                           to identify and implement projects through the Project Cell to ensure proper use of designated funds from the CFSP budget for their implementation. The Project Cell personnel may also support Member States and third States at their request, within the Mission's means and capabilities, by providing reinforced coordination and technical assistance for their own projects and under their own responsibility. All activities of the Project Cell are to be carried out within the Mission mandate and to complete the activities carried out by EUPOL RD Congo.

         Article 4
   Structure of the Mission
   1.   EUPOL RD Congo shall be structured as follows:

               (a)

               HQ in Kinshasa. The HQ shall consist of the Office of the Head of Mission and of the HQ Staff, providing all necessary functions of advice at strategic and operational level, command and control, as well as mission and administrative support;

               (b)

               Field Office. A Field Office shall be established in Goma. The nation-wide implications of the Mission mandate may also require in-country actions and possibly temporary presence (also for a longer term) of experts in other locations, still subject to security considerations.

         2.   The elements referred to in paragraph 1 shall be subject to further detailed arrangements in the Operation Plan (OPLAN).
   Article 5
   Civilian Operation Commander
   1.   The Director of the Civilian Planning and Conduct Capability (CPCC) shall be the Civilian Operation Commander for EUPOL RD Congo.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and the overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUPOL RD Congo at the strategic level.
   3.   The Civilian Operation Commander shall ensure proper and effective implementation of the Council decisions as well as the PSC decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing him with advice and technical support.
   4.   All seconded staff shall remain under the full command of the national authorities of the seconding State or Union institution concerned. National authorities shall transfer Operational Control (OPCON) of their personnel to the Civilian Operation Commander.
   5.   The Civilian Operation Commander shall have overall responsibility for ensuring that the Union duty of care is properly discharged.
   6.   The Civilian Operation Commander and the EU Special Representative (EUSR) shall consult each other on SSR issues and support at Region-wide level as required.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility for and exercise command and control of the Mission at theatre level.
   2.   The Head of Mission shall exercise OPCON over personnel from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility, including over assets, resources and information placed at the disposal of the Mission.
   3.   The Head of Mission shall issue instructions to all Mission staff for the effective conduct of EUPOL RD Congo in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.
   4.   The Head of Mission shall be responsible for the implementation of the Mission budget. For this purpose, the Head of Mission shall sign a contract with the Commission.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national or Union authority concerned.
   6.   The Head of Mission shall represent EUPOL RD Congo in the operations area and shall ensure appropriate visibility of the Mission.
   7.   The Head of Mission shall coordinate, as appropriate, the actions of EUPOL RD Congo with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance on SSR issues and support at Region-wide level from the EUSR.
   Article 7
   Staff
   1.   EUPOL RD Congo shall consist primarily of staff seconded by Member States or Union institutions. Each Member State or Union institution shall bear the costs related to any member of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances, as well as hardship and risk allowances.
   2.   International civilian staff and local staff shall be recruited on a contractual basis by the Mission if the functions required are not provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applications from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   3.   All staff shall abide by the Mission-specific minimum security operating standards and the Mission security plan supporting the Union field security policy. As regards the protection of EU classified information with which members of staff are entrusted in the course of their duties, all staff shall respect the principles and minimum standards of security established by security regulations of the Council (5).
   Article 8
   Status of the Mission and its staff
   1.   The status of the Mission and its staff, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of the Mission, shall be agreed in accordance with the procedure laid down in Article 37 of the Treaty.
   2.   The State or Union institution having seconded a member of staff shall be responsible for answering any claims linked to the secondment, from or concerning the member of staff. The State or Union institution concerned shall be responsible for bringing any action against the seconded person.
   3.   The conditions of employment and the rights and obligations of international and local civilian staff shall be laid down in the contracts between the Head of Mission and the members of staff.
   Article 9
   Chain of command
   1.   EUPOL RD Congo shall have a unified chain of command, as a crisis management operation.
   2.   Under the responsibility of the Council and of the HR, the PSC shall exercise political control and strategic direction of EUPOL RD Congo.
   3.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the HR, shall exercise command and control of EUPOL RD Congo at the strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   The Head of Mission shall exercise command and control of EUPOL RD Congo at theatre level and shall be directly responsible to the Civilian Operation Commander.
   Article 10
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of the Mission. The Council hereby authorises the PSC to take the relevant decisions in accordance with the third paragraph of Article 38 of the Treaty. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal of the HR, and to amend the CONOPS and the OPLAN. The powers of decision with respect to the objectives and termination of the Mission shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 11
   Participation of third States
   1.   Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to the Mission, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from DRC, and that they contribute to the running costs of the Mission, as appropriate.
   2.   Third States contributing to the Mission shall have the same rights and obligations in terms of day-to-day management of the Mission as Member States.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 of the Treaty and additional technical arrangements as necessary. Where the Union and a third State conclude an agreement establishing a framework for the participation of that third State in Union crisis-management operations, the provisions of that agreement shall apply in the context of the Mission.
   Article 12
   Security
   1.   The Civilian Operation Commander, in coordination with the Council Security Office, shall direct the Head of Mission planning of security measures and ensure their proper and effective implementation for EUPOL RD Congo in accordance with Articles 5 and 9.
   2.   The Head of Mission shall be responsible for the security of the Mission and for ensuring compliance with minimum security requirements applicable to the Mission, in line with the Union policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, and its supporting instruments.
   3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the Council Security Office.
   4.   EUPOL RD Congo staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.
   5.   The Head of Mission shall ensure the protection of EU classified information in accordance with the Council security regulations.
   Article 13
   Watch-Keeping Capability
   The Watch-Keeping Capability shall be activated for EUPOL RD Congo.
   Article 14
   Financial arrangements
   1.   The financial reference amount intended to cover expenditure related to the Mission for the period from 1 October 2010 to 30 September 2011 shall be EUR 6 430 000.
   2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union.
   3.   The Head of Mission shall report fully to, and be supervised by, the Commission regarding the activities undertaken in the framework of his contract.
   4.   Nationals of third States shall be allowed to tender for contracts. Subject to the Commission's approval, the Head of Mission may conclude technical arrangements with Member States, participating third States and other international actors regarding the provision of equipment, services and premises to EUPOL RD Congo.
   5.   The financial arrangements shall respect the operational requirements of the Mission, including compatibility of equipment and interoperability of teams of the Mission.
   6.   The expenditure shall be eligible as of the date of adoption of this Decision.
   Article 15
   Coordination
   1.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union Delegation and EUSEC RD Congo to ensure the consistency of Union action in support of DRC.
   2.   The Head of Mission shall coordinate closely with Heads of the diplomatic missions of Member States.
   3.   The Head of Mission shall cooperate with other international actors present in the country, and work in close coordination with the UN MONUSCO.
   Article 16
   Release of classified information
   1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of the Mission, EU classified information and documents up to ‘CONFIDENTIEL UE’ level which are generated for the purposes of the Mission, in accordance with the security regulations of the Council.
   2.   The HR shall be authorised to release to the UN and OSCE, in accordance with the operational needs of the Mission, EU classified information and documents up to ‘RESTREINT UE’ level which are generated for the purposes of the Mission, in accordance with the security regulations of the Council. Local arrangements shall be drawn up for this purpose.
   3.   In the event of a specific and immediate operational need, the HR shall be authorised to release to the host State any EU classified information and documents up to ‘RESTREINT UE’ level which are generated for the purposes of the Mission, in accordance with the security regulations of the Council. In all other cases, such information and documents shall be released to the host State in accordance with the appropriate procedures for cooperation by the host State with the Union.
   4.   The HR shall be authorised to release to the third States and international organisations referred to in paragraphs 1, 2 and 3, EU non-classified documents connected with the deliberations of the Council relating to the Mission and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Rules of Procedure of the Council (6).
   Article 17
   Review of the Mission
   A review of the Mission shall be presented to the PSC every six months, on the basis of a report by the Head of Mission.
   Article 18
   Entry into force and duration
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 October 2010 to 30 September 2011.

      Done at Brussels, 23 September 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 151, 13.6.2007, p. 46.

      (2)  OJ L 164, 25.6.2008, p. 44.

      (3)  OJ L 151, 16.6.2009, p. 40.

      (4)  OJ L 149, 15.6.2010, p. 11.

      (5)  Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1).

      (6)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: 2011/434/EU: Council Decision of 19 July 2011 on the launch of automated data exchange with regard to dactyloscopic data in the Czech Republic

text:
               21.7.2011

               EN

               Official Journal of the European Union

               L 190/72

         COUNCIL DECISION
   of 19 July 2011
   on the launch of automated data exchange with regard to dactyloscopic data in the Czech Republic
   (2011/434/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1 of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               The Czech Republic has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

               (6)

               A successful pilot run has been carried out by the Czech Republic with Slovakia and Austria.

               (7)

               An evaluation visit has taken place in the Czech Republic and a report on the evaluation visit has been produced by the Slovakian/Austrian evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of dactyloscopic data, the Czech Republic has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the date of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 19 July 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: 2007/266/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 25 April 2007 appointing a judge to the Court of First Instance of the European Communities

text:
               1.5.2007

               EN

               Official Journal of the European Union

               L 114/26

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

   of 25 April 2007
   appointing a judge to the Court of First Instance of the European Communities
   (2007/266/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,
   Whereas:
   Pursuant to Articles 5 and 7, in conjunction with Article 47, of the Protocol on the Statute of the Court of Justice and following the resignation of Mr Bo Vesterdorf, a judge should be appointed to the Court of First Instance of the European Communities for the remainder of his term of office, which runs until 31 August 2010,
   HAVE DECIDED AS FOLLOWS:
   Article 1
   Mr Sten Frimodt Nielsen is hereby appointed judge to the Court of First Instance of the European Communities for the period from 17 September 2007 to 31 August 2010.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 April 2007.

            The President

         W. SCHÖNFELDER


title: Council Decision (EU) 2015/2194 of 23 November 2015 on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               28.11.2015

               EN

               Official Journal of the European Union

               L 313/20

         COUNCIL DECISION (EU) 2015/2194
   of 23 November 2015
   on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and Articles 207 and 212, in conjunction with Article 218(6)(a) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2014/956/EU (1), the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) has been signed, subject to its conclusion.

               (2)

               The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

               (3)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the European Union and its Member States (2).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union and its Member States, the instrument of approval provided for in Article 4(1) of the Protocol.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 November 2015.

            For the Council

            The President

         C. MEISCH

      (1)  Council Decision 2014/956/EU of 23 July 2014 on the signing, on behalf of the European Union and its Member States, and provisional application, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 373, 31.12.2014, p. 1).

      (2)  The text of the Protocol has been published in OJ L 373, 31.12.2014, p. 3, together with the decision on signature.


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32003D0916

2003/916/EC: Council Decision of 22 December 2003 amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement

Official Journal L 345 , 31/12/2003 P. 0156 - 0157

Council Decisionof 22 December 2003amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement(2003/916/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the ACP-EC Partnership Agreement(1), which entered into force on 1 April 2003, and in particular Article 96 thereof,Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement(2), and in particular Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) On the basis of Decision 2001/131/EC(3), the provision of financial aid to Haiti is partially suspended as "appropriate measures" pursuant to Article 96(2)(c) of the ACP-EC Partnership Agreement.(2) The Decision 2001/131/EC expires on 31 December 2003 and requires a review of the measures before this date.(3) Democratic principles are still not upheld in Haiti. However, actions to support democratization, the strengthening of the rule of law and the electoral process deserve to be supported, and in particular in support of the mission with which the Organisation of American States was entrusted by its Resolutions No 806, No 822 and No 1959. Actions to strengthen civil society and the private sector, to fight poverty, to give humanitarian and emergency assistance and those of direct benefit to the Haitian people should be further implemented,HAS DECIDED AS FOLLOWS:Article 1Decision 2001/131/EC is hereby amended as follows:1. In the second and third paragraphs of Article 3, the date of 31 December 2003 shall be replaced by "31 December 2004";(i) in the second subparagraph "31 December 2003" shall be replaced by "31 December 2004";(ii) the third subparagraph shall be replaced by the following:"It shall be reviewed regularly and at least within six months."2. The Annex shall be replaced by the text appearing in the Annex to this Decision.Article 2This Decision shall take effect the day of its adoption.This Decision shall be published in the Official Journal of the European UnionDone at Brussels, 22 December 2003.For the CouncilThe PresidentG. Alemanno(1) OJ L 317, 15.12.2000, p. 3. Agreement as amended by Decision No 1/2003 (OJ L 141, 7.6.2003, p. 25).(2) OJ L 317, 15.12.2000, p. 376.(3) OJ L 48, 17.2.2001, p. 31. Decision as last amended by Decision 2003/53/EC (OJ L 20, 24.1.2003, p. 23).ANNEXLetter to be addressed to the Government of HaitiDear Sir,The European Union attaches great importance to Article 9 of the ACP-EC Partnership Agreement. Democratic principles and the rule of law, on which the ACP-EC partnership is founded, are essential elements of the Agreement and thus form the cornerstone of our relations.By letter of 31 January 2001, the Union expressed its regret that no satisfactory solution to remedy the violation of the Haitian electoral law had been found. It informed you of the appropriate measures taken as foreseen in Article 96(2)(c) of the ACP-EC Partnership Agreement. In its letters of 23 January 2002 and 24 January 2003, the Union reviewed its decision of 29 January 2001 in order to allow the cooperation instruments affected by these measures to be gradually reactivated subject to the achievement of objectives as regards the electoral process.Today, after almost three years of political crisis, the Union considers that democratic principles are still not upheld in Haiti. Nevertheless, the Union recognizes that numerous international and local efforts are contributing towards the search for a solution to this crisis, and in particular those of the Organisation of American States (OAS) and of the Caribbean Community (CARICOM), and it reaffirms its wish to support these efforts. Accordingly, within the framework of OAS Resolution No 822, the Government of Haiti has committed itself to giving increased priority to the restoration of a climate of security and of confidence in the country, including the completion of inquiries into all politically motivated crimes and the strengthening of the disarmament programmes. The European Union continues strongly to urge the Government rapidly to translate this commitment into concrete actions and to undertake all the steps enshrined in OAS resolution 822 leading to free and fair national and local elections. Furthermore, the European Union is gravely concerned by the continuing deterioration in the socioeconomic situation in Haiti and reaffirms its intent to continue cooperation for the direct benefit of the Haitian people.In the light of these elements, the Council of the European Union reviewed its decision of 10 January 2003 and decided to review the appropriate measures referred to in Article 96(2)(c) of the Agreement as follows:(a) The re-direction of the remaining funds under the eighth European Development Fund (EDF) to programmes that are of direct benefit to the Haitian people, to strengthen civil society and the private sector, and to support democratisation, the strengthening of the rule of law and the electoral process, will be continued;(b) Decisions on the notification of the 9th EDF allocation, programming and signature of the relevant National Indicative Programme will be taken on the basis of the implementation of OAS resolution 822 and in particular the stipulations regarding the legislative and local elections process including the formation of the Provisional Electoral Council (CEP-Conseil Electoral Provisoire) the formation by the CEP of the Electoral Guarantees Commission and the holding of national elections.Noting the call by the OAS in its resolution 822 for the normalization of cooperation and the donors' meeting held in Washington in December 2003, the European Union was represented at that meeting and participated in the review of the situation in Haiti. In this overall context it is considered that regional programmes from the Caribbean Regional Indicative Programme, which involve direct benefit to the Haitian people and whose benefits are shared by other countries, are not affected by the above measures. Trade Cooperation and trade-related preferences are not affected by these measures.The Union will follow closely further developments in the democratisation process, in particular the achievement of the steps towards national and local elections. The Union is ready to review its Decision if there are encouraging developments. It reiterates its readiness to engage in enhanced political dialogue.Please accept, Sir, the assurance of our highest consideration.For the CommissionFor the Council