Avis juridique important

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32002D0904

2002/904/CFSP: Council Decision of 11 November 2002 extending and amending Decision 1999/730/CFSP concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia

Official Journal L 313 , 16/11/2002 P. 0001 - 0002

Council Decisionof 11 November 2002extending and amending Decision 1999/730/CFSP concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia(2002/904/CFSP)THE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty on European Union, and in particular Article 23(2) thereof,Having regard to Council Joint Action 2002/589/CFSP of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons and repealing Joint Action 1999/34/CFSP(1), and in particular Article 6 thereof,Whereas:(1) On 15 November 1999 the Council adopted Decision 1999/730/CFSP concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia(2), which was aimed at implementing Joint Action 1999/34/CFSP(3).(2) Some objectives could not be fulfilled by 15 November 2002, the date on which Decision 2001/796/CFSP expired, and others should be consolidated and expanded after that date.(3) The European Union's continued contribution is part of the follow-up to the Programme of Action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects adopted by the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects (New York, 9 to 20 July 2001). This should encourage other donors to support the drive to reduce and control small arms and light weapons and, where appropriate, allow the implementation of joint projects with other donors.(4) Decision 1999/730/CFSP should therefore be extended and amended,HAS DECIDED AS FOLLOWS:Article 1Decision 1999/730/CFSP is hereby amended as follows:(a) in Article 3(1), the financial reference amount shall be replaced by EUR 1568000;(b) in the second subparagraph of Article 4, "15 November 2002" shall be replaced by "15 November 2003";(c) the Annex shall be replaced by the Annex to this Decision.Article 2This Decision shall take effect on 16 November 2002.Article 3This Decision shall be published in the Official Journal.Done at Brussels, 11 November 2002.For the CouncilThe PresidentB. Mikkelsen(1) OJ L 191, 19.7.2002, p. 1.(2) OJ L 294, 16.11.1999, p. 5. Decision as last extended and amended by Decision 2001/796/CFSP (OJ L 301, 17.11.2001, p. 1).(3) OJ L 9, 15.1.1999, p. 1.ANNEXTERMS OF REFERENCE FOR THE PROJECT MANAGER1. For the purposes of Article 1(2)(a), the Project Manager, with the support of relevant experts, will continue to work for the development of appropriate law and regulations. To that end, the Project Manager will assist the Government and Parliament in the process leading up to the adoption of a draft law on the subject and will help in its application, in particular through the development of secondary laws and regulations. He will also support public information and awareness programmes connected with that law.2. For the purposes of Article 1(2)(b), the Project Manager, in cooperation with the Cambodian armed forces, will continue the work related to record keeping and the management and security of weapons stocks and to developing policies, guidelines and practices in this area. To that end, the Project Manager will monitor the projects previously implemented in Military Region 2 (Kampong Cham) and Military Region 5 (Battambang). If funds are available he will organise a project in a further military region and continue, at national level, the efforts regarding training, systems development and the recording of arms. He will ensure, if a further project is implemented, that the relevant authorities are closely involved in defining and carrying through the new project.For the same purposes, but in relation to the police force, the Project manager will, in close cooperation with the Ministry of the Interior, implement a pilot project on record keeping, stockpile management and the security of weapons stocks as recommended in the feasibility study carried out by the EU ASAC police expert in 2002. To this end he will begin work with the police in Phnom Penh and in at least one other province relating to record keeping and the management and security of weapons stocks and to developing policies, guidelines and practices in this area. He will ensure that the relevant authorities are closely involved in the implementation of this project.3. For the purposes of Article 1(2)(c), the Project Manager, with the support of relevant experts, will continue to assist and promote the Government's national programme of public ceremonies for the destruction of collected weapons and, where appropriate, of surplus weapons held by the army and police and security forces (in particular in the context of demobilisation and reintegration programmes). The Project Manager may, if necessary, and to a limited extent, lend support for capacity building of the National Commission for Weapons Reform and Management. The Project Manager will continue to supervise and monitor implementation of voluntary weapons surrender programmes (Weapons for Development), both large-scale programmes such as were carried out previously in Kratie and Pursat, and small-scale programmes being implemented by local NGO's in several provinces.4. For the purposes of Article 1(2)(d), the Project manager will allocate financial aid to support activities by non-governmental organisations in Cambodia, including the coalition "Working Group for Weapons Reduction in Cambodia", such as awareness training, information sharing and education and training programmes. These activities may take place in selected regions in Cambodia, as agreed between the Project Manager and the relevant organisations. Particular attention will be paid to strengthening the coordination and budgetary cooperation among such organisations in as far as their work relates to the mandate of the EU ASAC.5. The Project Manager will ensure that appropriate procedures re-established for effective monitoring and evaluation of activities. To this end he will seek full cooperation from the Government of Cambodia and the police and security forces.6. The Project Manager will encourage and assist other donors to support efforts to reduce and control small arms and light weapons and will stand ready, as appropriate, to carry out such projects with other donors within the limits of his powers under these terms of reference. Bearing in mind the European Union's vanguard position in this domain, he will ensure that he plays a pivotal role in international efforts and, where appropriate, will contribute to the management of projects supported by other donors.


Avis juridique important

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41998D0451

Decision No 1/98 of 30 June 1998 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, concerning provisions for the implementation of the Convention

Official Journal L 196 , 14/07/1998 P. 0049 - 0050

DECISION No 1/98 of 30 June 1998 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, concerning provisions for the implementation of the Convention (98/451/CMS)THE COMMITTEE set up by Article 18 of the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990 (1) (hereinafter referred to as 'the committee` and 'the Convention` respectively),HAVING REGARD to Article 18(1) and (2) of the Convention,WHEREAS it is necessary to supplement Decision No 1/97 of the committee of 9 September 1997 concerning provisions for the implementation of the Convention (2), in order to ensure the effective implementation thereof;WHEREAS, in particular, the use of information on the ways and means asylum seekers enter the European Union in determining the State responsible under the Convention should be clarified;WHEREAS the exchange of fingerprint data between Member States, in accordance with their national law, is a useful mechanism for confirming identity and identifying the Member State of arrival in the European Union in support of the operation of the Convention;WHEREAS the development of practical cooperation between the Member States would facilitate implementation of the Convention,HAS DECIDED AS FOLLOWS:Article 1 Information on ways and means asylum seekers enter the European Union 1. Subject to paragraph 2, when making and examining applications under Article 11 of the Convention, the Member States concerned should be prepared together to take account, in appropriate cases, of relevant information from reliable and verifiable sources on the ways and means asylum seekers enter the European Union.2. It is understood that the information referred to in paragraph 1 is not in itself sufficient to determine the responsibility and the competence of a Member State under the Convention, but it may contribute to the evaluation of other indications relating to the individual asylum seeker.3. Member States shall ensure that information obtained about the ways and means asylum seekers enter the European Union is made available promptly to officials responsible for making and examining applications under Article 11 of the Convention.Article 2 Exchange of fingerprints under Article 15 of the Convention 1. Without prejudice to any provisions in the Convention or in other decisions of the committee, each Member State may request fingerprint information under Article 15(2) of the Convention from another Member State where there are reasons to do so in pursuance of the objectives stated in Article 15(1) thereof.2. The provision of fingerprint information in response to requests made pursuant to paragraph 1 shall be subject to the national law of the requested Member State and to the principles of data protection applicable in the European Union.Article 3 Applications to assume responsibility Applications under Article 11 of the Convention shall contain all the information available to the Member State making the application which is necessary for determining responsibility for examining the asylum application.Article 4 Liaison and cooperation 1. Each Member State shall take such steps as are necessary, in particular by means of visits, where practicable, to ensure that close working relationships are maintained between its own officials and officials in other Member States who are responsible for carrying out functions in relation to the Convention and with whom it has significant dealings.2. Where possible and where mutually beneficial to do so, each Member State should exchange liaison officers with other Member States, with a view to improving communication links.3. A handbook for practitioners of the Convention shall be prepared, distributed, updated and supplemented by the General Secretariat of the Council of the European Union. The handbook shall contain such information as would be helpful to practitioners. Its contents shall be kept under regular review.Article 5 Entry into force This Decision shall enter into force on the day of its publication in the Official Journal.Done at Brussels, 30 June 1998.For the CommitteeThe ChairmanJ. STRAW(1) OJ C 254, 19. 8. 1997, p. 1.(2) OJ L 281, 14. 10. 1997, p. 1.


Avis juridique important

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31980D0657

80/657/EEC, Euratom, ECSC: Decision of the European Parliament of 23 May 1980 on the discharge to be granted to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the financial years 1976, 1977 and 1978, and on the reports of the Audit Board and of the Court of Auditors

Official Journal L 180 , 14/07/1980 P. 0013

++++DECISION OF THE EUROPEAN PARLIAMENT  OF 23 MAY 1980  ON THE DISCHARGE TO BE GRANTED TO THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS IN RESPECT OF THE IMPLEMENTATION OF ITS BUDGET FOR THE FINANCIAL YEARS 1976 , 1977 AND 1978 , AND ON THE REPORTS OF THE AUDIT BOARD AND OF THE COURT OF AUDITORS   ( 80/657/EEC , EURATOM , ECSC )  THE EUROPEAN PARLIAMENT ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,  HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNTS OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS FOR THE FINANCIAL YEARS 1976 , 1977 AND 1978 ,  HAVING REGARD TO THE REPORT OF THE AUDIT BOARD ON THE 1976 ACCOUNTS AND TO THE REPORTS OF THE COURT OF AUDITORS ON THE 1977 ( 1 ) AND 1978 ( 2 ) ACCOUNTS ,  HAVING REGARD TO THE REPORT OF THE COMMITTEE ON BUDGETARY CONTROL ( DOC . 1-726/79 ) ,   ( A ) KEENLY AWARE OF THE IMPORTANCE WHICH ATTACHES TO THE PROMPT CONSIDERATION OF THE GRANTING OF THE DISCHARGE AS SOON AS POSSIBLE AFTER THE REPORT OF THE COURT OF AUDITORS THEREON HAS BEEN FURNISHED TO THE DISCHARGE AUTHORITY ;   ( B ) RECALLING THAT THE TREATY OF 22 JULY 1975 , DULY RATIFIED BY ALL THE MEMBER STATES , CONFERRED ON THE EUROPEAN PARLIAMENT FINAL RESPONSIBILITY IN RELATION TO THE GRANT OF DISCHARGE IN RESPECT OF THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES ;  1 . NOTES THE FOLLOWING FIGURES FOR THE ACCOUNTS OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS :  *FINANCIAL YEAR*  *1976*1977*1978*  *U.A.*U.A.*EUA*  REVENUE****  FROM THE COMMISSION PART OF THE BUDGET*874 944*2 020 009*1 742 482*  BANK INTEREST , ETC.*11 243*56 300*52 685*  OTHER* - *5 437*459*  TOTAL*886 187*2 081 746*1 795 626*  EXPENDITURE****  BUDGET APPROPRIATIONS*1 200 000*2 600 000*2 300 000*  COMMITMENTS*886 187*2 081 746*1 795 626*  APPROPRIATIONS UNUSED*313 813*518 254*504 374*  PAYMENTS*134 223*1 212 740*1 135 822*  APPROPRIATIONS BROUGHT FORWARD FROM PREVIOUS YEAR* - *751 964*615 965*  PAYMENT FROM APPROPRIATIONS BROUGHT FORWARD* - *473 000*609 724*  UNUSED APPROPRIATIONS BROUGHT FORWARD* - *278 964*6 241*  APPROPRIATIONS CARRIED FORWARD*751 964*869 006*659 804*  2 . GRANTS A DISCHARGE TO THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS , ON THE BASIS OF THE REPORTS OF THE AUDIT BOARD AND THE COURT OF AUDITORS , IN RESPECT OF THE ACCOUNTS FOR THE FINANCIAL YEARS 1976 , 1977 AND 1978 ;  3 . DRAWS ATTENTION TO ITS RESOLUTION EMBODYING THE COMMENTS ACCOMPANYING THIS DECISION GRANTING A DISCHARGE AND ASKS THE COMMISSION TO REPORT TO IT ON THE MEASURES TAKEN FOLLOWING THOSE COMMENTS ;  4 . INSTRUCTS ITS PRESIDENT TO COMMUNICATE THIS DECISION AND THE ATTACHED COMMENTS TO THE COMMISSION AND TO THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS , TO FORWARD THEM TO THE OTHER INSTITUTIONS , AND TO ARRANGE FOR THEIR PUBLICATION IN THE " L " SERIES OF THE OFFICIAL JOURNAL .  STRASBOURG , 23 MAY 1980 .  THE SECRETARY-GENERAL  H . -J . OPITZ  THE PRESIDENT  SIMONE VEIL  ( 1 ) OJ NO C 313 , 30 . 12 . 1978 ( CONTAINS SUMMARY ) .  ( 2 ) OJ NO C 326 , 31 . 12 . 1979 ( CONTAINS SUMMARY ) .


title: 2004/689/: Council Decision of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC

text:
               13.10.2004

               EN

               Official Journal of the European Union

               L 314/8

      COUNCIL DECISION

   of 4 October 2004
   establishing a Social Protection Committee and repealing Decision 2000/436/EC
   (2004/689/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 144 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               In its Communication ‘A Concerted Strategy for modernising social protection’ of 14 July 1999 the Commission made suggestions for the enhancement of cooperation in the field of social protection by, among other things, setting up a group of high-level officials.

               (2)

               In its Resolution of 16 February 2000, the European Parliament welcomed the Commission's communication and the creation of such a group.

               (3)

               In its Conclusions of 17 December 1999 on the strengthening of cooperation for modernising and improving social protection (2), the Council supported the Commission's proposal to establish a mechanism for enhanced cooperation, brought about by the work of the group of high-level officials, for the implementation of this action. The Council stressed that this kind of cooperation should cover all forms of social protection and, where necessary, help the Member States to improve and strengthen their social protection systems in accordance with their national priorities. It also recalled the competence of the Member States for the organisation and financing of social protection and endorsed the four broad objectives within the overall challenge of modernising social protection systems as identified by the Commission: namely to make work pay and provide secure income, to make pensions safe and pension systems sustainable, to promote social inclusion and to ensure high quality and sustainable health care; it also underlined that equality between women and men must be mainstreamed in all activities aiming at these four objectives. Finally, the Council recognised that the aspects relating to finance are common to all the objectives.

               (4)

               The Conclusions of the Lisbon European Council on 23 and 24 March 2000 acknowledged the importance of social protection in further developing and modernising an active and dynamic welfare state in Europe, and called upon the Council to strengthen cooperation between Member States by exchanging experiences and best practice on the basis of improved information networks.

               (5)

               At Nice and at its subsequent meetings, the European Council has regularly endorsed the work done by the Social Protection Committee in promoting the Community policy exchange on social protection.

               (6)

               The Social Protection Committee set up by Council Decision 2000/436/EC of 29 June 2000 (3) has clearly demonstrated its utility as an advisory body for both the Council and the Commission and has contributed actively to the development of the Open Method of Coordination, as established in the Lisbon European Council.

               (7)

               Following the entry into force of the Treaty of Nice on 1 February 2003, a Social Protection Committee with additional tasks should replace the existing Committee of the same name, in order to permit the work already done by the latter to be continued. Decision 2000/436/EC should therefore be repealed as from the date on which the new Social Protection Committee takes up its functions,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   A Social Protection Committee (hereinafter referred to as the Committee), with advisory status, is hereby established to promote cooperation on social protection policies between Member States and with the Commission, in full compliance with the Treaty and with due regard for the powers of the Community's institutions and organs.
   2.   The tasks of the Committee shall be:

               (a)

               to monitor the social situation and the development of social protection policies in the Member States and the Community;

               (b)

               to promote exchanges of information, experience and good practice between Member States and with the Commission;

               (c)

               without prejudice to Article 207 of the Treaty, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.

         3.   The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees dealing with social and economic policy matters, such as the Employment Committee and the Economic Policy Committee.
   4.   In fulfilling its mandate, the Committee shall establish appropriate contacts with the social partners and social non-governmental organisations, account being taken of their respective roles and responsibilities in the social protection sphere. The European Parliament shall also be informed regarding the activities of the Committee.
   Article 2
   1.   The Committee shall consist of two representatives appointed by each Member State and two representatives of the Commission. The representatives may be assisted by two alternates.
   Member States and the Commission shall use their best endeavours to achieve a gender balance in the composition of delegations.
   2.   The Committee may call on external experts where its agenda so requires.
   3.   The Committee shall establish contacts with representatives of the candidate countries.
   Article 3
   1.   The Committee shall elect its chairperson from among the representatives of the Member States for a non-renewable term of two years.
   The chairperson shall be assisted by four vice-chairpersons of whom two shall be elected by the Committee from among its members for a term of two years. The third shall be a representative from the Member State holding the Presidency of the Council and the fourth shall be a representative from the Member State that will hold the next Presidency.
   2.   Meetings of the Committee shall be convened by the chairperson, either on his or her own initiative or at the request of at least half of the members of the Committee.
   3.   The Committee shall establish its own rules of procedure. Expenses shall be reimbursed in accordance with the administrative rules in force.
   4.   The Commission shall provide the analytical and organisational support for the Committee. It shall designate a member of its staff as Secretary, who shall act on the instructions of the Committee when assisting the Committee in carrying out its tasks.
   The Commission shall liaise with the General Secretariat of the Council with regard to the holding of meetings.
   Article 4
   The Committee may entrust the study of specific questions to its alternate members or may establish working groups to this end. In such cases, the chair shall be taken by either a member or an alternate member of the Committee or by a Commission official, appointed by the Committee.
   The working groups may call upon experts to assist them.
   Article 5
   Decision 2000/436/EC shall be repealed as from the date of the first meeting of the Committee. The first meeting of the Committee shall take place no later than four months after the date of adoption of this Decision.

      Done at Luxembourg, 4 October 2004.

            For the Council

            The President

         A. J. DE GEUS

      (1)  Opinion delivered on 10 February 2004 (not yet published in the Official Journal).

      (2)  OJ C 8, 12.1.2000, p. 7.

      (3)  OJ L 172, 12.7.2000, p. 26.


title: 2005/845/Euratom: Commission Decision of  25 November 2005  concerning the accession of the European Atomic Energy Community to the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency

text:
               30.11.2005

               EN

               Official Journal of the European Union

               L 314/27

         COMMISSION DECISION
   of 25 November 2005
   concerning the accession of the European Atomic Energy Community to the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency
   (2005/845/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Atomic Energy Community and in particular the second paragraph of Article 101 thereof,
   Having regard to the Council Decision of 23 May 2005 approving the conclusion of the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency,
   Whereas:

               (1)

               Twenty-three Member States are contracting parties to the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency.

               (2)

               The European Atomic Energy Community should accede to the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Accession to the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency is hereby approved on behalf of the European Atomic Energy Community.
   The text of the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency and the declaration by the European Atomic Energy Community according to the provisions of Article 14(5)(c) of that Convention are attached to this Decision.
   Article 2
   The instrument of accession shall be deposited with the Director General of the International Atomic Energy Agency, depositary of the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency, as soon as possible after the adoption of this Decision in the form of a letter signed by the Head of Delegation of the European Commission to the International Organisations in Vienna.

      Done at Brussels, 25 November 2005.

            For the Commission

         Andris PIEBALGS

            Member of the Commission

   Declaration referred to in Article 14(5)(c) of the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency
   The Community possesses competences, shared with its Member States, in the field of assistance in the event of a radiological emergency, to the extent provided by Article 2(b) and the relevant provisions of Title II, Chapter 3 ‘Health and Safety’ of the Treaty establishing the European Atomic Energy Community.
    ---documentbreak---

               30.11.2005

               EN

               Official Journal of the European Union

               L 314/28

         CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY
   THE STATES PARTIES TO THIS CONVENTION,
   AWARE that nuclear activities are being carried out in a number of States,
   NOTING that comprehensive measures have been and are being taken to ensure a high level of safety in nuclear activities, aimed at preventing nuclear accidents and minimising the consequences of any such accident, should it occur,
   DESIRING to strengthen further international cooperation in the safe development and use of nuclear energy,
   CONVINCED of the need for an international framework which will facilitate the prompt provision of assistance in the event of a nuclear accident or radiological emergency to mitigate its consequences,
   NOTING the usefulness of bilateral and multilateral arrangements on mutual assistance in this area,
   NOTING the activities of the International Atomic Energy Agency in developing guidelines for mutual emergency assistance arrangements in connection with a nuclear accident or radiological emergency,
   HAVE AGREED as follows:
   Article 1
   General provisions
   1.   The States Parties shall cooperate between themselves and with the International Atomic Energy Agency (hereinafter referred to as the Agency) in accordance with the provisions of this Convention to facilitate prompt assistance in the event of a nuclear accident or radiological emergency to minimise its consequences and to protect life, property and the environment from the effects of radioactive releases.
   2.   To facilitate such cooperation States Parties may agree on bilateral or multilateral arrangements or, where appropriate, a combination of these, for preventing or minimising injury and damage which may result in the event of a nuclear accident or radiological emergency.
   3.   The States Parties request the Agency, acting within the framework of its Statute, to use its best endeavours in accordance with the provisions of this Convention to promote, facilitate and support the cooperation between States Parties provided for in this Convention.
   Article 2
   Provision of assistance
   1.   If a State Party needs assistance in the event of a nuclear accident or radiological emergency, whether or not such accident or emergency originates within its territory, jurisdiction or control, it may call for such assistance from any other State Party, directly or through the Agency, and from the Agency, or, where appropriate, from other international intergovernmental organisations (hereinafter referred to as international organisations).
   2.   A State Party requesting assistance shall specify the scope and type of assistance required and, where practicable, provide the assisting party with such information as may be necessary for that party to determine the extent to which it is able to meet the request. In the event that it is not practicable for the requesting State Party to specify the scope and type of assistance required, the requesting State Party and the assisting party shall, in consultation, decide upon the scope and type of assistance required.
   3.   Each State Party to which a request for such assistance is directed shall promptly decide and notify the requesting State Party, directly or through the Agency, whether it is in a position to render the assistance requested and the scope and terms of the assistance that might be rendered.
   4.   States Parties shall, within the limits of their capabilities, identify and notify the Agency of experts, equipment and materials which could be made available for the provision of assistance to other States Parties in the event of a nuclear accident or radiological emergency as well as the terms, especially financial, under which such assistance could be provided.
   5.   Any State Party may request assistance relating to medical treatment or temporary relocation into the territory of another State Party of people involved in a nuclear accident or radiological emergency.
   6.   The Agency shall respond, in accordance with its Statute and as provided for in this Convention, to a requesting State Party’s or a Member State’s request for assistance in the event of a nuclear accident or radiological emergency by:

               (a)

               making available appropriate resources allocated for this purpose;

               (b)

               transmitting promptly the request to other States and international organisations which, according to the Agency’s information, may possess the necessary resources; and

               (c)

               if so requested by the requesting State, coordinating the assistance at the international level which may thus become available.

         Article 3
   Direction and control of assistance
   Unless otherwise agreed:

               (a)

               the overall direction, control, coordination and supervision of the assistance shall be the responsibility within its territory of the requesting State. The assisting party should, where the assistance involves personnel, designate in consultation with the requesting State, the person who should be in charge of and retain immediate operational supervision over the personnel and the equipment provided by it. The designated person should exercise such supervision in cooperation with the appropriate authorities of the requesting State;

               (b)

               the requesting State shall provide, to the extent of its capabilities, local facilities and services for the proper and effective administration of the assistance. It shall also ensure the protection of personnel, equipment and materials brought into its territory by or on behalf of the assisting party for such purpose;

               (c)

               ownership of equipment and materials provided by either party during the periods of assistance shall be unaffected, and their return shall be ensured;

               (d)

               a State Party providing assistance in response to a request under Article 2(5) shall coordinate that assistance within its territory.

         Article 4
   Competent authorities and points of contact
   1.   Each State Party shall make known to the Agency and to other States Parties, directly or through the Agency, its competent authorities and point of contact authorised to make and receive requests for and to accept offers of assistance. Such points of contact and a focal point within the Agency shall be available continuously.
   2.   Each State Party shall promptly inform the Agency of any changes that may occur in the information referred to in paragraph 1.
   3.   The Agency shall regularly and expeditiously provide to States Parties, Member States and relevant international organisations the information referred to in paragraphs 1 and 2.
   Article 5
   Functions of the Agency
   The States Parties request the Agency, in accordance with Article 1(3) and without prejudice to other provisions of this Convention, to:

               (a)

               collect and disseminate to States Parties and Member States information concerning:

                           (i)

                           experts, equipment and materials which could be made available in the event of nuclear accidents or radiological emergencies;

                           (ii)

                           methodologies, techniques and available results of research relating to response to nuclear accidents or radiological emergencies;

               (b)

               assist a State Party or a Member State when requested in any of the following or other appropriate matters:

                           (i)

                           preparing both emergency plans in the case of nuclear accidents and radiological emergencies and the appropriate legislation;

                           (ii)

                           developing appropriate training programmes for personnel to deal with nuclear accidents and radiological emergencies;

                           (iii)

                           transmitting requests for assistance and relevant information in the event of a nuclear accident or radiological emergency;

                           (iv)

                           developing appropriate radiation monitoring programmes, procedures and standards;

                           (v)

                           conducting investigations into the feasibility of establishing appropriate radiation monitoring systems;

               (c)

               make available to a State Party or a Member State requesting assistance in the event of a nuclear accident or radiological emergency appropriate resources allocated for the purpose of conducting an initial assessment of the accident or emergency;

               (d)

               offer its good offices to the States Parties and Member States in the event of a nuclear accident or radiological emergency;

               (e)

               establish and maintain liaison with relevant international organisations for the purposes of obtaining and exchanging relevant information and data, and make a list of such organisations available to States Parties, Member States and the aforementioned organisations.

         Article 6
   Confidentiality and public statements
   1.   The requesting State and the assisting party shall protect the confidentiality of any confidential information that becomes available to either of them in connection with the assistance in the event of a nuclear accident or radiological emergency. Such information shall be used exclusively for the purpose of the assistance agreed upon.
   2.   The assisting party shall make every effort to coordinate with the requesting State before releasing information to the public on the assistance provided in connection with a nuclear accident or radiological emergency.
   Article 7
   Reimbursement of costs
   1.   An assisting party may offer assistance without costs to the requesting State. When considering whether to offer assistance on such a basis, the assisting party shall take into account:

               (a)

               the nature of the nuclear accident or radiological emergency;

               (b)

               the place of origin of the nuclear accident or radiological emergency;

               (c)

               the needs of developing countries;

               (d)

               the particular needs of countries without nuclear facilities; and

               (e)

               any other relevant factors.

         2.   When assistance is provided wholly or partly on a reimbursement basis, the requesting State shall reimburse the assisting party for the costs incurred for the services rendered by persons or organisations acting on its behalf, and for all expenses in connection with the assistance to the extent that such expenses are not directly defrayed by the requesting State. Unless otherwise agreed, reimbursement shall be provided promptly after the assisting party has presented its request for reimbursement to the requesting State, and in respect of costs other than local costs, shall be freely transferrable.
   3.   Notwithstanding paragraph 2, the assisting party may at any time waive, or agree to the postponement of, the reimbursement in whole or in part. In considering such waiver or postponement, assisting parties shall give due consideration to the needs of developing countries.
   Article 8
   Privileges, immunities and facilities
   1.   The requesting State shall afford to personnel of the assisting party and personnel acting on its behalf the necessary privileges, immunities and facilities for the performance of their assistance functions.
   2.   The requesting State shall afford the following privileges and immunities to personnel of the assisting party or personnel acting on its behalf who have been duly notified to and accepted by the requesting State:

               (a)

               immunity from arrest, detention and legal process, including criminal, civil and administrative jurisdiction, of the requesting State, in respect of acts or omissions in the performance of their duties; and

               (b)

               exemption from taxation, duties or other charges, except those which are normally incorporated in the price of goods or paid for services rendered, in respect of the performance of their assistance functions.

         3.   The requesting State shall:

               (a)

               afford the assisting party exemption from taxation, duties or other charges on the equipment and property brought into the territory of the requesting State by the assisting party for the purpose of the assistance; and

               (b)

               provide immunity from seizure, attachment or requisition of such equipment and property.

         4.   The requesting State shall ensure the return of such equipment and property. If requested by the assisting party, the requesting State shall arrange, to the extent it is able to do so, for the necessary decontamination of recoverable equipment involved in the assistance before its return.
   5.   The requesting State shall facilitate the entry into, stay in and departure from its national territory of personnel notified pursuant to paragraph 2 and of equipment and property involved in the assistance.
   6.   Nothing in this article shall require the requesting State to provide its nationals or permanent residents with the privileges and immunities provided for in the foregoing paragraphs.
   7.   Without prejudice to the privileges and immunities, all beneficiaries enjoying such privileges and immunities under this article have a duty to respect the laws and regulations of the requesting State. They shall also have the duty not to interfere in the domestic affairs of the requesting State.
   8.   Nothing in this article shall prejudice rights and obligations with respect to privileges and immunities afforded pursuant to other international agreements or the rules of customary international law.
   9.   When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound in whole or in part by paragraphs 2 and 3.
   10.   A State Party which has made a declaration in accordance with paragraph 9 may at any time withdraw it by notification to the depositary.
   Article 9
   Transit of personnel, equipment and property
   Each State Party shall, at the request of the requesting State or the assisting party, seek to facilitate the transit through its territory of duly notified personnel, equipment and property involved in the assistance to and from the requesting State.
   Article 10
   Claims and compensation
   1.   The States Parties shall closely cooperate in order to facilitate the settlement of legal proceedings and claims under this article.
   2.   Unless otherwise agreed, a requesting State shall in respect of death or of injury to persons, damage to or loss of property, or damage to the environment caused within its territory or other area under its jurisdiction or control in the course of providing the assistance requested:

               (a)

               not bring any legal proceedings against the assisting party or persons or other legal entities acting on its behalf;

               (b)

               assume responsibility for dealing with legal proceedings and claims brought by third parties against the assisting party or against persons or other legal entities acting on its behalf;

               (c)

               hold the assisting party or persons or other legal entities acting on its behalf harmless in respect of legal proceedings and claims referred to in sub-paragraph (b); and

               (d)

               compensate the assisting party or persons or other legal entities acting on its behalf for:

                           (i)

                           death of or injury to personnel of the assisting party or persons acting on its behalf;

                           (ii)

                           loss of or damage to non-consumable equipment or materials related to the assistance;

         except in cases of wilful misconduct by the individuals who caused the death, injury, loss or damage.
   3.   This article shall not prevent compensation or indemnity available under any applicable international agreement or national law of any State.
   4.   Nothing in this article shall require the requesting State to apply paragraph 2 in whole or in part to its nationals or permanent residents.
   5.   When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare:

               (a)

               that it does not consider itself bound in whole or in part by paragraph 2;

               (b)

               that it will not apply paragraph 2 in whole or in part in cases of gross negligence by the individuals who caused the death, injury, loss or damage.

         6.   A State Party which has made a declaration in accordance with paragraph 5 may at any time withdraw it by notification to the depositary.
   Article 11
   Termination of assistance
   The requesting State or the assisting party may at any time, after appropriate consultations and by notification in writing, request the termination of assistance received or provided under this Convention. Once such a request has been made, the parties involved shall consult with each other to make arrangements for the proper conclusion of the assistance.
   Article 12
   Relationship to other international agreements
   This Convention shall not affect the reciprocal rights and obligations of States Parties under existing international agreements which relate to the matters covered by this Convention, or under future international agreements concluded in accordance with the object and purpose of this Convention.
   Article 13
   Settlement of disputes
   1.   In the event of a dispute between States Parties, or between a State Party and the Agency, concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to the settlement of the dispute by negotiation or by any other peaceful means of settling disputes acceptable to them.
   2.   If a dispute of this character between States Parties cannot be settled within one year from the request for consultation pursuant to paragraph 1, it shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organisation of the arbitration, a party may request the President of The International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In cases of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority.
   3.   When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2 with respect to a State Party for which such a declaration is in force.
   4.   A State Party which has made a declaration in accordance with paragraph 3 may at any time withdraw it by notification to the depositary.
   Article 14
   Entry into force
   1.   This Convention shall be open for signature by all States and Namibia, represented by the United Nations Council for Namibia, at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York, from 26 September 1986 and 6 October 1986 respectively, until its entry into force or for 12 months, whichever period is longer.
   2.   A State and Namibia, represented by the United Nations Council for Namibia, may express its consent to be bound by this Convention either by signature, or by deposit of an instrument of ratification, acceptance or approval following signature made subject to ratification, acceptance or approval, or by deposit of an instrument of accession. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
   3.   This Convention shall enter into force 30 days after consent to be bound has been expressed by three States.
   4.   For each State expressing consent to be bound by this Convention after its entry into force, this Convention shall enter into force for that State 30 days after the date of expression of consent.

               5.

                           (a)

                           This Convention shall be open for accession, as provided for in this article, by international organisations and regional integration organisations constituted by sovereign States, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.

                           (b)

                           In matters within their competence such organisations shall, on their own behalf, exercise the rights and fulfil the obligations which this Convention attributes to States Parties.

                           (c)

                           When depositing its instrument of accession, such an organisation shall communicate to the depositary a declaration indicating the extent of its competence in respect of matters covered by this Convention.

                           (d)

                           Such an organisation shall not hold any vote additional to those of its Member States.

         Article 15
   Provisional application
   A State may, upon signature or at any later date before this Convention enters into force for it, declare that it will apply this Convention provisionally.
   Article 16
   Amendments
   1.   A State Party may propose amendments to this Convention. The proposed amendment shall be submitted to the depositary who shall circulate it immediately to all other States Parties.
   2.   If a majority of the States Parties request the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to attend such a conference to begin not sooner than 30 days after the invitations are issued. Any amendment adopted at the conference by a two thirds majority of all States Parties shall be laid down in a protocol which is open to signature in Vienna and New York by all States Parties.
   3.   The protocol shall enter into force 30 days after consent to be bound has been expressed by three States. For each State expressing consent to be bound by the protocol after its entry into force, the protocol shall enter into force for that State 30 days after the date of expression of consent.
   Article 17
   Denunciation
   1.   A State Party may denounce this Convention by written notification to the depositary.
   2.   Denunciation shall take effect one year following the date on which the notification is received by the depositary.
   Article 18
   Depositary
   1.   The Director General of the Agency shall be the depositary of this Convention.
   2.   The Director General of the Agency shall promptly notify States Parties and all other States of:

               (a)

               each signature of this Convention or any protocol of amendment;

               (b)

               each deposit of an instrument of ratification, acceptance, approval or accession concerning this Convention or any protocol of amendment;

               (c)

               any declaration or withdrawal thereof in accordance with Articles 8, 10 and 13;

               (d)

               any declaration of provisional application of this Convention in accordance with Article 15;

               (e)

               the entry into force of this Convention and of any amendment thereto; and

               (f)

               any denunciation made under Article 17.

         Article 19
   Authentic texts and certified copies
   The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certified copies to States Parties and all other States.
   IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Convention, open for signature as provided for in Article 14(1).
   ADOPTED by the General Conference of the International Atomic Energy Agency meeting in special session at Vienna on the twenty-sixth day of September one thousand nine hundred and eighty-six.


Avis juridique important

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32003D0451

Decision No 451/2003/EC of the European Parliament and of the Council of 27 February 2003 amending Decision No 253/2000/EC establishing the second phase of the Community action programme in the field of education "Socrates"

Official Journal L 069 , 13/03/2003 P. 0006 - 0007

Decision No 451/2003/EC of the European Parliament and of the Councilof 27 February 2003amending Decision No 253/2000/EC establishing the second phase of the Community action programme in the field of education "Socrates"THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 149 and 150 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Section IV, Point B.2 of the Annex to Decision No 253/2000/EC of the European Parliament and of the Council(4) establishes that Community assistance towards the realisation of projects selected for funding under the Community action programme in the field of education "Socrates" (hereinafter referred to as the "programme") will not normally exceed 75 % of the total costs of the project, except in the case of accompanying measures.(2) Decision No 819/95/EC of the European Parliament and of the Council of 14 March 1995 establishing the Community action programme "Socrates"(5) did not stipulate a minimum level of cofinancing.(3) Projects within the decentralised actions of the programme cannot be realised without a significant contribution in the form of staff time and infrastructure support from the organisations involved in the project partnership. The Community assistance granted to these projects does not cover the costs of the contributions of such staff, but may cover up to 100 % of the other costs incurred in realising the project.(4) The target group for such projects is primarily small institutions such as schools and adult education institutes, which generally have limited administrative resources.(5) The Community has not previously required institutions participating in projects within the decentralised actions of the programme to provide information about the cost of the contribution of the staff they employ towards the realisation of the projects.(6) The sums granted as Community assistance to projects within the decentralised actions of the programme are small, averaging EUR 3315 in 2000.(7) The European Parliament in its Resolution of 28 February 2002 on the implementation of the Socrates programme has expressed concern about the disproportionately onerous administrative procedures for beneficiaries of small grants, especially under the Comenius action, and has called on the Commission to propose any legislative changes necessary to abolish the cofinancing requirement for such grants.(8) The Commission in its White Paper - Part II - Action Plan entitled Reforming the Commission committed itself to improving and simplifying its internal and external procedures, as far as they relate to other institutions, Member States and citizens.(9) It is not consistent with the principles of simplification and proportionality to apply a new requirement on the institutions participating in projects within the decentralised actions of the programme to account for the contribution towards their realisation made by staff employed by these institutions, solely in order to demonstrate that the Community assistance does not normally exceed 75 % of the total costs of the project.(10) There is a need therefore to amend the provision contained in the first paragraph of Section IV, Point B.2 of the Annex to Decision No 253/2000/EC in order to permit appropriate flexibility in the application of this cofinancing requirement,HAVE DECIDED AS FOLLOWS:Article 1The first paragraph of Section IV, Point B.2 of the Annex to Decision No 253/2000/EC shall be replaced by the following:"As a general rule, Community financial assistance granted for projects under this programme is intended partially to offset the estimated cost necessary to carry out the activities concerned and may cover a maximum period of three years, subject to a periodic review of progress achieved. In accordance with the cofinancing principle, the beneficiary's contribution may take the form of the provision of the personnel and/or infrastructure necessary for the realisation of the project. Assistance may be granted in advance to enable preparatory visits to take place in respect of the projects in question."Article 2This Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Done at Brussels, 27 February 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentM. Chrisochoïdis(1) OJ C 203 E, 27.8.2002, p. 133.(2) OJ C 241, 7.10.2002, p. 97.(3) Opinion of the European Parliament of 3 September 2002 (not yet published in the Official Journal) and Council Decision of 27 February 2003.(4) OJ L 28, 3.2.2000, p. 1.(5) OJ L 87, 20.4.1995, p. 10. Decision as last amended by Decision No 68/2000/EC (OJ L 10, 14.1.2000, p. 1).


Avis juridique important

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31996D0508(01)

Council Decision of 22 April 1996 appointing a member and three alternate members of the Advisory Committee on the Training of Dental Practitioners

Official Journal C 136 , 08/05/1996 P. 0001 - 0001

COUNCIL DECISION of 22 April 1996 appointing a member and three alternate members of the Advisory Committee on the Training of Dental Practitioners (96/C 136/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 78/688/EEC of 25 July 1978 setting up an Advisory Committee on the Training of Dental Practitioners (1), and in particular Articles 3 and 4 thereof;Whereas, by its Decision of 25 July 1994 (2), the Council appointed Mr Luis Vicente CABEZA FERRER, a member and Ms Emilia SÁNCHEZ CHAMORRO, Mr Jacques PERRET, and Dr Joséphine HERODE-CONRAD, alternate members of the Committee for the period ending 24 July 1997;Whereas the Spanish Government has nominated Ms Emilia SÁNCHEZ CHAMORRO to replace Mr Luis Vicente CABEZA FERRER and Mr Federico Simon SALAZAR to replace Ms Emilia SÁNCHEZ CHAMORRO;Whereas the French Government has nominated Ms Jacqueline LEMANT to replace Mr Jacques PERRET;Whereas the Luxembourg Government has nominated Dr Raoul DEIBENER to replace Dr Joséphine HERODE-CONRAD,HAS DECIDED AS FOLLOWS:Article 1 Ms Emilia SÁNCHEZ CHAMORRO is hereby appointed a member of the Advisory Committee on the Training of Dental Practitioners in place of Mr Luis Vicente CABEZA FERRER for the remainder of the latter's term of office, which ends on 24 July 1997.Article 2 Mr Federico Simon SALAZAR is hereby appointed an alternate member of the Advisory Committee on the Training of Dental Practitioners in place of Ms Emilia SÁNCHEZ CHAMORRO for the remainder of the latter's term of office, which ends on 24 July 1997.Article 3 Ms Jacqueline LEMANT is hereby appointed an alternate member of the Advisory Committee on the Training of Dental Practitioners in place of Mr Jacques PERRET for the remainder of the latter's term of office, which ends on 24 July 1997.Article 4 Dr Raoul DEIBENER is hereby appointed an alternate member of the Advisory Committee on the Training of Dental Practitioners in place of Dr Joséphine HERODE-CONRAD for the remainder of the latter's term of office, which ends on 24 July 1997.Done at Luxembourg, 22 April 1996.For the CouncilThe PresidentW. LUCHETTI(1) OJ No L 233, 24. 8. 1978, p. 15.(2) OJ No C 221, 9. 8. 1994, p. 5.


title: Council Decision (EU) 2016/1062 of 24 May 2016 on the conclusion on behalf of the European Union of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto

text:
               1.7.2016

               EN

               Official Journal of the European Union

               L 177/1

         COUNCIL DECISION (EU) 2016/1062
   of 24 May 2016
   on the conclusion on behalf of the European Union of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6), second subparagraph, point (a) and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Union and the Republic of Liberia negotiated a Sustainable Fisheries Partnership Agreement (hereinafter referred to as ‘the Agreement’) and an Implementation Protocol thereto (hereinafter referred to as ‘the Protocol’), granting Union vessels fishing opportunities in the waters over which the Republic of Liberia has sovereignty or jurisdiction in respect of fisheries.

               (2)

               The Agreement and the Protocol were signed in accordance with Council Decision (EU) 2015/2312 (2) and apply on a provisional basis from 9 December 2015.

               (3)

               The Agreement set up a Joint Committee which is responsible for monitoring the performance, interpretation and application of the Agreement. Furthermore, the Joint Committee may approve certain modifications to the Protocol. In order to facilitate the approval of such modifications, it is appropriate to empower the Commission, subject to specific conditions, to approve them under a simplified procedure.

               (4)

               The Agreement and the Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto are hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notifications provided for in Article 16 of the Agreement and in Article 13 of the Protocol. (3)

   Article 3
   Subject to the provisions and conditions set out in the Annex to this Decision, the Commission shall be empowered to approve, on behalf of the Union, modifications to the Protocol within the Joint Committee.
   Article 4
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 24 May 2016.

            For the Council

            The President

         A.G. KOENDERS

      (1)  Consent of 10 May 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2015/2312 of 30 November 2015 on the signing, on behalf of the European Union, and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto (OJ L 328, 12.12.2015, p. 1).

      (3)  The date of entry into force of the Agreement and of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      ANNEX

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

                  (1)

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

                              (a)

                              review of fishing opportunities, and, consequently, of the relevant financial contribution, and decision on experimental fisheries, in accordance with Articles 6 and 7 of the Protocol;

                              (b)

                              decision on the modalities of the sectoral support in accordance with Article 4 of the Protocol;

                              (c)

                              decision on measures to ensure sustainable management of the fisheries resources in accordance with Article 5(5) of the Protocol;

                              (d)

                              decision on technical provisions of the Protocol and the Annex thereto in accordance with Article 6(2) of the Protocol.

                  (2)

                  In the Joint Committee the Union shall:

                              (a)

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

                              (b)

                              follow the Council conclusions of 19 March 2012 on a communication on the external dimension of the common fisheries policy;

                              (c)

                              promote positions that are consistent with the relevant rules adopted by regional fisheries management organisations and in the context of joint management by coastal states.

                  (3)

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

                  (4)

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


title: 2009/914/EC: Council Decision of 30 November 2009 amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS)

text:
               10.12.2009

               EN

               Official Journal of the European Union

               L 323/6

      COUNCIL DECISION

   of 30 November 2009
   amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS)
   (2009/914/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Article 119 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (the 1990 Schengen Convention) (1),
   Whereas:

               (1)

               The provisions of Article 119 of the 1990 Schengen Convention provide that the costs arising from the installation and operation of C.SIS, referred to in the provisions of Article 92(3), shall be borne jointly by the Contracting Parties.

               (2)

               The financial obligations arising from the installation and operation of the C.SIS are regulated by a specific Financial Regulation, as modified by the Decision of the Schengen Executive Committee of 15 December 1997 amending the Financial Regulation on C.SIS (2) (hereinafter ‘C.SIS Financial Regulation’).

               (3)

               The C.SIS Financial Regulation applies to Denmark, Finland and Sweden, and to Iceland and Norway by virtue of Council Decision 2000/777/EC (3), to the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic by virtue of Council Decision 2007/471/EC (4), as well as to Switzerland by virtue of Council Decision 2008/421/EC (5).

               (4)

               Bulgaria and Romania are to be integrated into the first generation Schengen Information System (SIS 1+) on a date to be set by the Council in accordance with Article 4(2) of the 2005 Act of Accession, within the framework of the SIS 1+.

               (5)

               From that date onwards Bulgaria and Romania should participate in the C.SIS Financial Regulation.

               (6)

               It is reasonable that Bulgaria and Romania contribute to historical C.SIS costs. However, since they only joined the European Union in 2007, it is considered appropriate that they should contribute to historical costs in relation to the installation of the C.SIS from 1 January 2007. It is also considered reasonable that they contribute to historical operating costs from 1 January 2010.

               (7)

               Liechtenstein is to participate in the provisions of the Schengen acquis related to the Schengen Information System from a date to be set by the Council in accordance with Article 10 of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis. From that date, Liechtenstein should participate in the C.SIS Financial Regulation.

               (8)

               It is reasonable that Liechtenstein contributes to historical costs. However, since the Protocol was signed on 28 February 2008, it is considered appropriate that it should contribute to historical costs in relation to the installation of the C.SIS from 1 January 2008. It is also considered reasonable that it contribute to operating costs from 1 January 2010.

               (9)

               As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis
                   (6) which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (7).

               (10)

               As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
                   (8), which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/146/EC (9) and 2008/149/JHA (10).

               (11)

               As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/261/EC (11) and 2008/262/JHA (12).

               (12)

               The United Kingdom is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (13).

               (13)

               Ireland is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis
                   (14).

               (14)

               As regards the Republic of Cyprus, this Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

               (15)

               This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 4(2) of the 2005 Act of Accession,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In Title I, point 3 of the C.SIS Financial Regulation, the following indents shall be added:

               ‘—

               in the case of Bulgaria and Romania, the contribution shall only be calculated on the basis of the costs incurred for the installation of the C.SIS as of 1 January 2007. They shall also contribute to the operating costs of the C.SIS as of 1 January 2010;

               —

               in the case of Liechtenstein, the contribution shall only be calculated on the basis of the costs incurred for the installation of the C.SIS as of 1 January 2008. Liechtenstein shall also contribute to the operating costs of the C.SIS as of 1 January 2010.’

         Article 2
   In the last paragraph of Title II, point 2, and in the eighth paragraph of Title III, point 2, the beneficiary shall be replaced by the following:

      ‘Ministère de l'Intérieur, Direction des systèmes d'information et de communications
      (Ministry of the Interior, Department for Information and Communication Systems)’

   Article 3
   In the Decision, the terms ‘francs’ and ‘French francs’ are replaced by ‘euro’.
   Article 4
   The amendments as regards Liechtenstein shall take effect once the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis has entered into force.
   Article 5
   This Decision shall take effect from the date of its adoption.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ L 239, 22.9.2000, p. 19.

      (2)  OJ L 239, 22.9.2000, p. 444.

      (3)  OJ L 309, 9.12.2000, p. 24.

      (4)  OJ L 179, 7.7.2007, p. 46.

      (5)  OJ L 149, 7.6.2008, p. 74.

      (6)  OJ L 176, 10.7.1999, p. 36.

      (7)  OJ L 176, 10.7.1999, p. 31.

      (8)  OJ L 53, 27.2.2008, p. 52.

      (9)  Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

      (10)  Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 50).

      (11)  Council Decision 2008/261/EC of 28 February 2008 on the signature, on behalf of the European Community, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 83, 26.3.2008, p. 3.).

      (12)  Council Decision 2008/262/JHA of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 83, 26.3.2008, p. 5.).

      (13)  OJ L 131, 1.6.2000, p. 43.

      (14)  OJ L 64, 7.3.2002, p. 20.


title: Council Decision of 10 December 1973 concluding the Agreement between the European Economic Community and the Republic of Senegal on the supply of common wheat as food aid

text:
No L 23/68                      Official Journal of the European Communities                       28 . 1 . 74
                                            COUNCIL DECISION
                                             of 10 December 1973
           concluding the Agreement between the European Economic Community and
                 the Republic of Senegal on the supply of common wheat as food aid
                                                  (74/33/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113, 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas the European Economic Community has deposited a Declaration of provisional
           application of the 1971 Food Aid Convention ; whereas that Convention has been appli
           cable since 1 July 1971 ;
           Whereas the Republic of Senegal, by its letter of 7 December 1972, has requested food
           aid ;
           Whereas in view of the cereal supply situation in Senegal that country should be
           accorded, by way of gift, 1 0 000 metric tons of common wheat under the Community
           Food Aid Programme for 1972/73,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Republic of
           Senegal on the supply of common wheat as food aid, the text whereof is annexed hereto,
           is hereby concluded on behalf of the Community.
                                                    Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement and to confer on them the necessary powers to bind the Community.
           Done at Brussels, 10 December 1973 .
                                                                      For the Council
                                                                        The President
                                                                       I. N0RGAARD


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31985D0506

85/506/EEC, Euratom: Council Decision of 4 November 1985 concerning the conclusion of the Framework Agreement for scientific and technical cooperation between the European Communities and the Kingdom of Sweden

Official Journal L 313 , 22/11/1985 P. 0001 - 0001 Spanish special edition: Chapter 16 Volume 2 P. 0028  Portuguese special edition Chapter 16 Volume 2 P. 0028

COUNCIL DECISIONof 4 November 1985concerning the  conclusion of the Framework Agreement for scientific and technical cooperation between the European  Communities and the Kingdom of Sweden(85/506/EEC, Euratom)THE COUNCIL OF THE  EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic  Community,Having regard to the Treaty establishing the European Atomic Energy Community,Having  regard to the recommendation from the Commission,Whereas the Framework Agreement for scientific and  technical cooperation between the European Communities and the Kingdom of Sweden should be  approved,HAS DECIDED AS FOLLOWS:Article 1The Framework Agreement for scientific  and technical cooperation between the European Communities and theKingdom of Sweden is hereby  approved on behalf of the European Community.The text of the Agreement is attached to this  Decision.Article 2The President of the Council shall give the notification, provided for in  Article 13 of the Agreement.Done at Brussels, 4 November 1985.For the CouncilThe  PresidentR. GOEBBELS


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31995D0265

95/265/EC, Euratom, ECSC: Commission Decision of 28 June 1995 adjusting the weightings applicable from 1 June 1993 to the remuneration of officials of the European Communities serving in countries outside the European Union

Official Journal L 163 , 14/07/1995 P. 0040 - 0041

COMMISSION DECISION of 28 June 1995 adjusting the weightings applicable from 1 June 1993 to the remuneration of officials of the European Communities serving in countries outside the European Union (95/265/EC, Euratom, ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 3161/94 (2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation (Euratom, ECSC, EC) No 2403/94 (3) laid down the weightings to be applied from 1 January 1993 to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment;Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);Whereas, some of these weightings should be adjusted with effect from 1 June 1993 given that the statistics available to the Commission show that in certain countries outside the Community the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,DECIDES:Sole Article With effect from 1 June 1993 the weightings applicable to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect, namely May 1993.Done at Brussels, 28 June 1995.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ No L 56, 4. 3. 1968, p. 1.(2) OJ No L 335, 23. 12. 1994, p. 1.(3) OJ No L 257, 5. 10. 1994, p. 1.(4) OJ No L 228, 9. 9. 1993, pp. 39 to 48.ANNEX >TABLE>


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31994D0762

94/762/EC: Council Decision of 21 November 1994 concerning the rules for the dissemination of the research results from the specific programmes of research, technological development and demonstration of the European Community

Official Journal L 306 , 30/11/1994 P. 0005 - 0007 Finnish special edition: Chapter 13 Volume 27 P. 0046  Swedish special edition: Chapter 13 Volume 27 P. 0046

COUNCIL DECISION of 21 November 1994 concerning the rules for the dissemination of the research results from the specific programmes of research, technological development and demonstration of the European Community (94/762/EC)THE  COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 130j in conjunction with 130o, second paragraph thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the Economic and Social Committee (2),  Acting in accordance with the procedure referred in Article 189c of the Treaty (3),  Whereas Title XV of the Treaty sets out a coherent framework of provisions for Community actions in the field of research and technological development;  Whereas Article 130f of the Treaty states that the Community is to encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality and to  support their efforts to cooperate with one another;  Whereas Article 130i of the Treaty provides for a multiannual framework programme setting out all the activities of the Community in the field of research, technological development and demonstration (hereinafter referred to as 'RTD');  Whereas the fourth framework programme of the European Community activities in the field of RTD (1994 to 1998) was adopted by Decision No 1110/94/EC of the European Parliament and of the Council (4);  Whereas Article 130j of the Treaty states that, for the implementation of the multiannual framework programme, the Council is to lay down the rules governing the dissemination of research results;  Whereas Article 130i of the Treaty states that the multiannual framework programme is to be implemented by specific RTD programmes adopted in accordance with paragraph 4 thereof;  Whereas the activities for the dissemination of knowledge resulting from the specific programmes should be carried out in a coherent and coordinated manner;  Whereas such coherence is to be based on general rules which guarantee the protection of legitimate interests of the contracting parties and of rights linked to obtaining and exploiting the RTD results, as well as their exploitation in conformity with  the interests of the Community, in particular taking account of the objectives of strengthening the international competitiveness of Community industry and economic and social cohesion;  Whereas Article 130m of the Treaty states that in implementing this framework programme the Community make provision for cooperation in Community research, technological development and demonstration with third countries or international organizations;  whereas the fourth framework programme for 1994 to 1998 provides for such cooperation; whereas it is necessary to take this into account in establishing the rules for dissemination of research results;  Whereas it is necessary that the specific RTD programmes should be able to detail, supplement, or subject to conditions or limitations, the rules laid down by this Decision, for the dissemination of RTD results to the extent necessary for implementing  objectives or measures specific to those programmes;  Whereas RTD activities should be implemented in accordance with the principles of sound financial management and in particular those of economy and cost effectiveness as provided for in the Financial Regulation applicable to the general budget of the  European Communities,  HAS DECIDED AS FOLLOWS:   Article 1  For the implementation of specific research, technological development and demonstration (RTD) programmes adopted in accordance with Article 130i (4) of the Treaty, the following rules, whilst respecting pre-existing rights, shall apply to  the dissemination and exploitation of knowledge resulting from the specific RTD programmes (hereinafter referred to as 'knowledge'):  (a) the knowledge resulting from direct actions or from actions the cost of which is wholly supported by the Community shall, in principle, be the property of the Community.  The knowledge resulting from work under a shared cost contract shall be the property of the contractors, including, where applicable, the Community, who carry out the work (hereinafter referred to as 'the contractors'). They shall agree between  themselves on particular arrangements for such ownership;  (b) knowledge which could be used in an industrial or commercial application shall be protected in any appropriate form to the extent required in the light of the interests of the Community and the contractors and in accordance with any applicable  legislation or convention;  (c) the Community and the contractors shall be required to exploit the knowledge in their possession, or have it exploited, in conformity with the interests of the Community, in particular, taking account of:  - the objective of strengthening the international competitiveness of Community industry, and - the objective of strengthening economic and social cohesion in the Community, and - the needs of other Community policies in support of which the RTD activities are carried out, and - the existence of scientific and technical cooperation agreements between the Community and third countries, or international organizations.  (d) knowledge belonging to the Community should be made available to the contractors and to interested third parties which are established in the Community or in a third country associated with and contributing financially to the implementation of the  relevant specific programme through an agreement concluded with the Community in accordance with Article 130m of the Treaty, and which undertake to exploit it, or have it exploited in conformity with the interests of the Community. Such provision of  knowledge may be subject to appropriate conditions, particularly concerning the payment of fees.  The contractors shall make the knowledge in their possession, together with any information necessary for its use, available to each other and to interested third parties under contractually defined conditions, provided that the interests of the  Community and the legitimate interests of the contractors including those relating to the use of background information are safeguarded;  (e) the Commission shall ensure that knowledge suitable for dissemination according to the contractual terms is disseminated or published either by the Commission itself, or by the contractors, without any restrictions other than those imposed by the  need to safeguard intellectual and industrial property, confidentiality or legitimate commercial interests.  The coordinating contractor of each RTD project shall be required to produce a dissemination plan, an outline of which shall be included in the proposal submitted in response to a call for a Community RTD action.   Article 2  1.  The Commission shall lay down the arrangements for implementing the rules laid down in Article 1.  2.  The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.  3.  The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit that the chairman may lay down according to the urgency of the matter. The opinion  shall be delivered by the majority provided for in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  4. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.  (b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.   Article 3  To the extent necessary for fulfilling objectives or measures specific to a programme, the rules in this decision may be set out in more detail, supplemented or subjected to conditions or limitations in the decision adopting the specific  programme.   Article 4  1.  The annual report that the Commission submits to the European Parliament and the Council, in accordance with Article 4 (1) of Decision No 1110/94/EC, shall contain information on the implementation of this Decision.  2.  This Decision shall apply to activities arising from the fourth multiannual framework programme 1994 to 1998.  Before the end of the programme referred to in the first subparagraph, the Commission shall submit a report to the Council on the application of this Decision accompanied by appropriate proposals for its extension or adaptation.  Done at Brussels, 21 November 1994.  For the Council The President M. WISSMANN  (1) OJ No C 81, 18. 3. 1994, p. 15.(2) OJ No C 295, 22. 10. 1994, p. 31.(3) Opinion of the European Parliament of 5 May 1994. (OJ No C 205, 25. 7. 1994, p. 313), Council common position of 18 July 1994 (OJ No C 244, 31. 8. 1994, p. 76) and  Decision of the European Parliament of 27 October 1994 (OJ No C 323, 21. 11. 1994).(4) OJ No L 126, 18. 5. 1994, p. 1.


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32003D0019(01)

2004/45/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 non-participating national central banks (ECB/2003/19)

Official Journal L 009 , 15/01/2004 P. 0031 - 0031

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 non-participating national central banks(ECB/2003/19)(2004/45/EC)THE GENERAL 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 48 thereof,Whereas:(1) 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(1), determined the percentage of the subscription to the European Central Bank's (ECB's) capital which the national central banks (NCBs) of the Member States not intending to adopt the euro on 1 January 1999 had to pay up as a contribution to the ECB's operational costs.(2) 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(2) adjusts with effect from 1 January 2004 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).(3) The adjusted capital key requires the adoption of a new ECB decision repealing Decision ECB/1998/14 with effect from 1 January 2004 and determining the percentage of the subscription to the ECB's capital which the NCBs of the Member States that will not have adopted the euro by 1 January 2004 (hereinafter the non-participating NCBs) should pay up on 1 January 2004,HAS ADOPTED THIS DECISION:Article 1Extent and form of paid-up capitalEach non-participating NCB shall pay up 5 % of its subscription to the ECB's capital on 1 January 2004. Taking into account the capital key weightings described in Article 2 of Decision ECB/2003/17, each non-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 non-participating NCB has already paid up 5 % of its share in the ECB's subscribed capital on 1 June 1998 under Decision ECB/1998/14. In view of this, either a non-participating NCB shall transfer an additional amount to the ECB, or the ECB shall transfer an amount back to a non-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(3).Article 3Final provisions1. Decision ECB/1998/14 is 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 General Council of the ECBJean-Claude Trichet(1) OJ L 110, 28.4.1999, p. 33.(2) See page 27 of this Official Journal.(3) See page 32 of this Official Journal.