Avis juridique important

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31990D0674

90/674/EEC: Council Decision of 19 November 1990 on the conclusion of the Agreement establishing the European Bank for Reconstruction and Development

Official Journal L 372 , 31/12/1990 P. 0001 - 0002 Finnish special edition: Chapter 11 Volume 16 P. 0135  Swedish special edition: Chapter 11 Volume 16 P. 0135

COUNCIL DECISION   of 19 November 1990  on the conclusion of the Agreement establishing the European Bank for  Reconstruction and Development  (90/674/EEC) THE COUNCIL OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular  Article 235 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament  (1), Whereas the people of Central and Eastern Europe have close historical ties with the people of the  Community; whereas these ties are being strengthened by agreements for cooperation and trade; Whereas the countries of Central and Eastern Europe are committed to the fundamental principles of  multiparty democracy, the rule of law and respect for human rights; whereas these countries are  willing to implement reforms in order to evolve towards market-oriented economies; Whereas the economic reforms will contribute in a significant way to the vigorous development of  economic relations between those countries and the Community; and whereas this will help promote,  throughout the Community, a harmonious development of economic activities; Whereas the transition to market-oriented economies will require considerable investment  principally in the private sector but also in the public sector; whereas the establishment of a  special bank could help supply the finance necessary for such investment; Whereas 40 countries, together with the European Economic Community and the European Investment  Bank, have signified their intention of becoming members of a European Bank for Reconstruction and  Development which is European in its basic character and broadly international in its membership;  whereas they have established Articles of Agreement to that end; Whereas conclusion of the Agreement by the European Economic Community is necessary to achieve the  Community's objectives in the field of economic external relations; whereas the Treaty does not  provide, for the adoption of this Decision, powers other than those of Article 235, HAS DECIDED AS FOLLOWS: Article 1 The Agreement establishing a European Bank  for Reconstruction and Development is hereby approved on behalf of the European Economic  Community. The text of the Agreement is annexed to this Decision. Article 2 The Governor and Alternate  Governor of the Bank who represent the Community under Article 23 (1) of the Agreement shall be  appointed by the Commission. Article 3 1.  The Commission shall designate, on behalf of the  Community, the institution to act as depository under Article 34 (1) of the Articles of Agreement. 2.  The Commission shall be the official entity with which the Bank may communicate as laid down  in Article 34 (2) of the Articles of Agreement. Article 4 The President of the Council shall  deposit, on behalf of the Community, the instrument of approval provided for in Article 61 of the  Articles of Agreement. Article 5 This Decision shall be published in the Official Journal of the  European Communities. (1) Done at Brussels, 19 November 1990. For the Council  The President  G. CARLI  2 . At the time a member ceases to be a member, the Bank shall arrange for the repurchase of such former member's shares as a part of the settlement of accounts with such former member in accordance with the provisions of this Article . For this purpose, the repurchase price of the shares shall be the value shown by the books of the Bank on the date of cessation of membership, with the original purchase price of each share being its maximum value .  3 . The payment for shares repurchased by the Bank under this Article shall be governed by the following conditions :  ( i ) any amount due to the former member for its shares shall be withheld so long as the former member, its central bank or any of its agencies or instrumentalities remains liable, as borrower or guarantor, to the Bank and such amount may, at the option of the Bank, be applied on any such liability as it matures . No amount shall be withheld on account of the liability of the former member resulting from its subscription for shares in accordance with paragraphs 4, 5 and 7 of Article 6 of this Agreement . In any event, no amount due to a member for its shares shall be paid until six ( 6 ) months after the date upon which the member ceases to be a member;  ( ii ) payments for shares may be made from time to time, upon their  surrenderthe former member, to the extent by which the amount due as the repurchase price in accordance with paragraph 2 of this Article exceeds the aggregate amount of liabilities on loans, equity investments and guarantees in subparagraph ( i ) of this paragraph until the former member has received the full repurchase price;  ( iii ) payments shall be made on such conditions and in such fully convertible currencies, or ecu, and on such dates as the Bank determines;  and  ( iv ) if losses are sustained by the Bank on any guarantees, participations in loans, or loans which were outstanding on the date when the member ceased to be a member, or if a net loss is sustained by the Bank on equity investments held by it on such date, and the amount of such losses exceeds the amount of the reserves provided against losses on the date when the member ceased to be a member, such former member shall repay, upon demand, the amount by which the repurchase price of its shares would have been reduced if the losses had been taken into  account when the repurchase price was determined . In addition, the former member shall remain liable on any call for unpaid subscriptions under paragraph 4 of Article 6 of this Agreement, to the extent that it would have been required to respond if the impairment of capital had occurred and the call had been made at the time the repurchase price of its shares was determined .  4 . If the Bank terminates its operations pursuant to Article 41 of this Agreement within six ( 6 ) months of the date upon which any member ceases to be a member, all rights of such former member shall be determined in accordance with the provisions of Articles 41 to 43 of this Agreement .  Article 40  Temporary suspension of operations  In an emergency, the Board of Directors may suspend temporarily operations in respect of new loans, guarantees, underwriting, technical assistance and equity investments pending an opportunity for further consideration and action by the Board of Governors .  Article 41  Termination of operations  The Bank may terminate its operations by the affirmative vote of not less than two-thirds of the governors, representing not less than three-fourths of the total voting power of the members . Upon such termination of operations the Bank shall forthwith cease all activities, except those incident to the orderly realization, conservation and preservation of its assets and settlement of its obligations .  Article 42  Liability of members and payment of claims  1 . In the event of termination of the operations of the Bank, the liability of all members for uncalled subscriptions to the capital stock of the Bank shall continue until all claims of creditors, including all contingent claims, shall have been discharged .  2 . Creditors on ordinary operations holding direct claims shall be paid first out of the assets of the Bank, secondly out of the payments to be made to the Bank in respect of unpaid paid-in shares, and then out of payments to be made to the Bank in respect of callable capital stock . Before making any payments to creditors holding direct claims, the Board of Directors shall make such arrangements as are necessary, in its judgement, to ensure a pro rata distribution among holders of direct and holders of contingent claims .  Article 43  Distribution of assets  1 . No distribution under this chapter shall be made to members on account of their subscriptions to the capital stock of the Bank until :  ( i ) all liabilities to creditors have been discharged or provided for;  and  ( ii ) the Board of Governors has decided by a vote of not less than two-thirds of the governors, representing not less than three-fourths of the total voting power of the members, to make a distribution .  2 . Any distribution of the assets of the Bank to the members shall be in proportion to the capital stock held by each member and shall be effected at such times and under such conditions as the Bank shall deem fair and equitable . The shares of assets distributed need not be uniform as to type of assets . No member shall be entitled to receive its share in such a distribution of assets until it has settled all of its obligations to the Bank .  3 . Any member receiving assets distributed pursuant to this Article shall enjoy the same rights with respect to such assets as the Bank enjoyed prior to their distribution .  CHAPTER VIII  STATUS, IMMUNITIES, PRIVILEGES AND EXEMPTIONS  Article 44  Purposes of chapter  To enable the Bank to fulfil its purpose and the functions with which it is entrusted, the status, immunities, privileges and exemptions set forth in this chapter shall be accorded to the Bank in the territory of each member country .  Article 45  Status of the Bank  The Bank shall possess full legal personality and, in particular, the full legal  capacit(i ) to contract;  ( ii ) to acquire and dispose of immovable and movable property;  and  ( iii ) to institute legal proceedings .  Article 46  Position of the Bank with regard to judicial process  Actions may be brought against the Bank only in a court of competent jurisdiction in the territory of a country in which the Bank has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities . No actions shall,  however, be brought by members or persons acting for or deriving claims from members . The property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Bank .  Article 47  Immunity of assets from seizure  Property and assets of the Bank, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action .  Article 48  Immunity of archives  The archives of the Bank, and in general all documents belonging to it or held by it, shall be inviolable .  Article 49  Freedom of assets from restrictions  To the extent necessary to carry out the purpose and functions of the Bank and subject to the provisions of this Agreement, all property and assets of the Bank shall be free from restrictions, regulations, controls and moratoria of any nature .  Article 50  Privilege for communications  The official communications of the Bank shall be accorded by each member the same treatment that it accords to the official communications of any other member .  Article 51  Immunities of officers and employees  All governors, directors, alternates, officers and employees of the Bank and experts performing missions for the Bank shall be immune from legal process with respect to acts performed by them in their official capacity, except when the Bank waives this immunity, and shall enjoy inviolability of all their official papers and documents . This immunity shall not apply, however, to civil liability in the case of damage arising from a road traffic accident caused by any such governor, director, alternate, officer, employee or expert .  Article 52  Privileges of officers and employees  1 . All governors, directors, alternates, officers and employees of the Bank and experts of the Bank performing missions for the Bank :  ( i ) not being local nationals, shall be accorded the same immunities from immigration restrictions, alien registration requirements and national service obligations, and the same facilities as regards exchange regulations, as are accorded by members to the representatives, officials and employees of comparable rank of other members;  and  ( ii ) shall be granted the same treatment in respect of travelling facilities as is accorded by members to representatives, officials and employees of comparable rank of other members .  2 . The spouses and immediate dependants of those directors, alternate directors, officers, employees and experts of the Bank who are resident in the country in which the principal office of the Bank is located shall be accorded opportunity to take employment in that country . The spouses and immediate dependants of those directors, alternate directors, officers, employees and experts of the Bank who are resident in a country in which any agency or branch office of the Bank is located should, wherever possible, in accordance with the national law of that country, be accorded similar opportunity in that country . The Bank shall negotiate specific agreements implementing the provisions of this paragraph with the country in which the principal office of the Bank is located and, as appropriate, with the other countries concerned .  Article 53  Exemption from taxation  1 . Within the scope of its official activities the Bank, its assets, property and income shall be exempt from all direct taxes .  2 . When purchases or services of substantial value and necessary for the exercise of the official activities of the Bank are made or used by the Bank and when the price of such purchases op services includes taxes or duties, the member that has levied the taxes or duties shall, if they are identifiable, take  appropriate measures to grant exemption from such taxes or duties or to provide for their reimbursement .  3 . Goods imported by the Bank and necessary for the exercise of its official activities shall be exempt from all import duties and taxes, and from all import prohibitions and restrictions . Similarly, goods exported by the Bank and necessary for the exercise of its official activities shall be exempt from all export duties and taxes, and from all export prohibitions and restrictions .  4 . Goods acquired or imported and exempted under this Article shall not be sold, hired out, lent or given away against payment or free of charge, except in accordance with conditions laid down by the members which have granted exemptions or reimbursements .  5 . The provisions of this Article shall not apply to taxes or duties which are no more than charges for public utility services .  6 . Directors, alternate directors, officers and employees of the Bank shall be subject to an internal effective tax for the benefit of the Bank on salaries and emoluments paid by the Bank, subject to conditions to be laid down and rules to be adopted by the Board of Governors within a period of one year from the date of entry into force of this Agreement . From the date on which this tax is applied, such salaries and emoluments shall be exempt from national income tax . The members may, however, take into account the salaries and emoluments thus exempt when assessing the amount of tax to be applied to income from other sources .  7 . Notwithstanding the provisions of paragraph 6 of this Article, a member may deposit, with its instrument of ratification, acceptance or approval, a declaration that such member retains for itself, its political subdivisions or its local authorities the right to tax salaries and emoluments paid by the Bank to citizens or nationals of such member . The Bank shall be exempt from any obligation for the payment, withholding or collection of such taxes . The Bank shall not make any reimbursement for such taxes .  8 . Paragraph 6 of this Article shall not apply to pensions and annuities paid by the Bank .  9 . No tax of any kind shall be levied on any obligation or security issued by the Bank, including any dividend or interest thereon, by whomsoever held :  ( i ) which discriminates against such obligation or security solely because it is issued by the Bank;  or  ( ii ) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Bank .  10 . No tax of any kind shall be levied on any obligation or security guaranteed by the Bank, including any dividend or interest thereon, by whomsoever held :  ( i ) which discriminates against such obligation or security solely because it is guaranteed by the Bank;  or  ( ii ) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Bank .  Article 54  Implementation of chapter  Each member shall promptly take such action as is necessary for the purpose of implementing the provisions of this chapter and shall inform the Bank of the detailed action which it has taken .  Article 55  Waiver of immunities, privileges and exemptions  The immunities, privileges and exemptions conferred under this chapter are granted in the interest of the Bank . The Board of Directors may waive to such extent and upon such conditions as it may determine any of the immunities, privileges and exemptions conferred under this chapter in cases where such action would, in its opinion, be appropriate to the best interests of the Bank . The President shall have the right and the duty to waive any immunity, privilege or exemption in respect of any officer, employee or expert of the Bank, other than the President or a Vice-President,  where, in his or her opinion, the immunity, privilege or exemption would impede the course of justice and can be waived without prejudice to the interests of the Bank . In similar circumstances and under the same conditions, the Board of Directors shall have the right and the duty to waive any immunity, privilege or exemption in respect of the President and each Vice-President .  CAHPTER IX  AMENDMENTS, INTERPRETATION, ARBITRATION  Article 56  Amendments  1 . Any proposal to amend this Agreement, whether emanating from a member, a governor or the Board of Directors, shall be communicated to the chairman of the Board of Governors who shall bring the proposal before that Board . If the proposed amendment is approved by the Board the Bank shall, by any rapid means of communication, ask all members whether they accept the proposed amendment . When not less than three-fourths of the members ( including at least two countries from Central and Eastern Europe listed in Annex A ), having not less than four-fifths of the total voting power of the members, have accepted the proposed amendments, the Bank shall certify that fact by formal communications addressed to all members .  2 . Notwithstanding paragraph I of this Article :  ( i ) acceptance by all members shall be required in the case of any amendment modifying :  ( a ) the right to withdraw from the Bank;  ( b ) the rights pertaining to purchase of capital stock provided for in paragraph 3 of Article 5 of this Agreement;  ( c ) the limitations on liability provided for in paragraph 7 of Article 5 of this Agreement;  and  ( d ) the purpose and functions of the Bank defined by Articles 1 and 2 of this Agreement;  ( ii ) acceptance by not less than three-fourths of the members having not less than eighty-five ( 85 ) percent of the total voting power of the members shall be required in the case of any amendment modifying paragraph 4 of Article 8 of this Agreement .  When the requirements for accepting any such proposed amendment have been met, the Bank shall certify that fact by formal communication addressed to all members .  3 . Amendments shall enter into force for all members three ( 3 ) months after the date of the formal communication provided for in paragraphs 1 and 2 of this Article unless the Board of Governors specifies a different period .  Article 57  Interpretation and application  1 . Any question of interpretation or application of the provisions of this Agreement arising between any member and the Bank, or between any members of the Bank, shall be submitted to the Board of Directors for its decision . If there is no director of its nationality in that Board, a member particularly affected by the question under consideration shall be entitled to direct representation in the meeting of the Board of Directors during such consideration . The representative of such member shall, however, have no vote . Such right of representation shall be regulated by the Board of Governors .  2 . In any case where the Board of Directors has given a decision under paragraph I of this Article, any member may require that the question be referred to the Board of Governors, whose decision shall be final . Pending the decision of the Board of Governors, the Bank may, so far as it deems it necessary, act on the basis of the decision of the Board of Directors .  Article 58  Arbitration  If a disagreement should arise between the Bank and a member which has ceased to be a member, or between the Bank and any member after adoption of a decision to terminate the operations of the Bank, such disagreement shall be submitted to arbitration by a tribunal of three ( 3 ) arbitrators, one appointed by the Bank, another by the member or former member concerned and the third, unless the parties otherwise agree, by the President of the International Court of Justice or such other authority as may have been prescribed by regulations adopted by the Board of Governors . A majority vote of the arbitrators shall be sufficient to reach a decision which shall be final and binding upon the parties . The third arbitrator shall have full power to settle all questions of procedure in any case where the parties are in disagreement with respect thereto .  Article 59  Approval deemed given  Whenever the approval or the acceptance of any member is required before any act may be done by the Bank, except under Article 56 of this Agreement, approval or acceptance shall be deemed to have been given unless the member presents an objection within such reasonable period as the Bank may fix in notifying the member of the proposed act .  CHAPTER X  FINAL PROVISIONS  Article 60  Signature and deposit  1 . This Agreement deposited with the Governement of the French Republic ( hereinafter called "the depository '), shall remain open until 31 December 1990 for signature by the prospective members whose names are set forth in Annex A to this Agreement .  2 . The depository shall communicate certified copies  othis Agreement to all the signatories .  Article 61  Ratification acceptance or approval  1 . The Agreement shall be subject to ratification, acceptance or approval by the signatories . Instruments of ratification, acceptance or approval shall, subject to paragraph 2 of this Article, be deposited with the depository not later than 31 March 1991 . The depository shall duly notify the other signatories of each deposit and the date thereof .  2 . Any signatory may become a party to this Agreement by depositing an instrument of ratification, acceptance or approval until one year after the date of its entry into force or, if necessary, until such later date as may be decided by a majority of governors, representing a majority of the total voting power of the members .  3 . A signatory whose instrument referred to in paragraph I of this Article is deposited before the date on which this Agreement enters into force shall become a member of the Bank on that date . Any other signatory which complies with the provisions of the preceding paragraph shall become a member of the Bank on the date on which its instrument of ratification, acceptance or approval is deposited .  Article 62  Entry into force  1 . This Agreement shall enter into force when instruments of ratification, acceptance or approval have been deposited by signatories whose initial subscriptions represent not less than two-thirds of the total subscriptions set forth in Annex A, including at least two countries from Central and Eastern Europe listed in Annex A .  2 . If this Agreement has not entered into force by 31 March 1991, the depository may convene a conference of interested prospective members to determine the future course of action and decide a new date by which instruments of ratification, acceptance or approval shall be deposited .  Article 63  Inaugural meeting and commencement of operations  1 . As soon at this Agreement enters into force under Article 62 of this Agreement, each member shall appoint a governor . The depository shall call the first meeting of the Board of Governors within sixty ( 60 ) days of entry into force of this Agreement under Article 62 or as soon as possible thereafter .  2 . At its first meeting, the Board of Governors :  ( i ) shall elect the President;  ( ii ) shall elect the directors of the Bank in accordance with Article 26 of this Agreement;  ( iii ) shall make arrangements for determining the date of the commencement of the Bank's operations;  and  ( iv ) shall make such other arrangements as appear to it necessary to prepare for the commencement of the Bank's operations .  3 . The Bank shall notify its members of the date of commencement of its operations .  Done at Paris on 29 May 1990 in a single original, whose English, French, German and Russian texts are equally authentic, which shall be deposited in the archives of the depository which shall transmit a duly certified copy to each of the other prospective members whose names are set forth in Annex A .  ANNEX A  INITIAL SUBSCRIPTIONS TO THE AUTHORIZED CAPITAL STOCK FOR PROSPECTIVE MEMBERS ( 1 ) WHICH MAY BECOME MEMBERS IN ACCORDANCE WITH ARTICLE 61  ( in million ecus )  1.2.3Number of shares  Capital subscription   //   //  //  1.2.3.4A .  EUROPEAN COMMUNITIES   //  //  //  ( a ) Belgium  22 800  228,00   //  Denmark  12 000  120,00   //  France  85 175  851,75   //  Federal Republic of Germany  85 175  851,75   //  Greece  6 500  65,00   //  Ireland  3 000  30,00   //  Italy  85 175  851,75   //  Luxembourg  2 000  20,00   //  Netherlands  24 800  248,00   //  Portugal  4 200  42,00   //  Spain  34 000  340,00   //  United Kingdom  85 175  851,75   //  ( b ) European Economic Community  30 000  300,00   //  European Investment Bank  30 000  300,00  B .  OTHER EUROPEAN COUNTRIES   //  //  //  Austria  22 800  228,00   //  Cyprus  1 000  10,00   //  Finland  12 500  125,00   //  Iceland  1 000  10,00   //  Israel  6 500  65,00   //  Liechtenstein  200  2,00   //  Malta  100  1,00   //  Norway  12 500  125,00   //  Sweden  22 800  228,00   //  Switzerland  22 800  228,00   //  Turkey  11 500  115,00  C .  RECIPIENT COUNTRIES   //  //  //  Bulgaria  7 900  79,00   //  Czechoslovakia  12 800  128,00   //  German Democratic Republic  15 500  155,00   //  Hungary  7 900  79,00   //  Poland  12 800  128,00   //  Romania  4 800  48,00   //  Union of Soviet Socialist Republics  60 000  600,00   //  Yugoslavia12 800  128,00  D .  NON-EUROPEAN COUNTRIES   //  //  //  Australia  10 000  100,00   //  Canada  34 000  340,00   //  Egypt  1 000  10,00   //  Japan  85 175  851,75   //  Republic of Korea  6 500  65,00   //  Mexico  3 000  30,00   //  Morocco  1 000  10,00   //  New Zealand  1 000  10,00   //  United States of America  100 000  1,000,00  E .  NON-ALLOCATED SHARES  125  1,25   //  //  //  Total  1 000 000  10 000,00   //   //  //  //  ( 1 ) Prospective members are listed under the above categories only for the purpose of this Agreement . Recipient countries are referred to elsewhere in this Agreement as Central and Eastern European countries .  ANNEX B  SECTION A  ELECTION OF DIRECTORS BY GOVERNORS REPRESENTING BELGIUM, DENMARK, FRANCE, THE FEDERAL REPUBLIC OF GERMANY, GREECE, IRELAND, ITALY, LUXEMBOURG, THE NETHERLANDS, PORTUGAL, SPAIN THE UNITED KINGDOM, THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN INVESTMENT BANK ( HEREINAFTER REFERRED TO AS SECION A GOVERNORS )  1 . The provisions set out below in this section shall apply exclusively to this Section .  2 . Candidates for the office of director shall be nominated by Section A governors, provided that a governor may nominate only one person . The election of directors shall be by ballot of Section A governors .  3 . Each governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs I and 2 of Article 29 of this Agreement .  4 . Subject to paragraph 10 of this Section, the 11 persons receiving the highest number of votes shall be directors, except that no person who receives less than 4,5 % of the total of the votes which can be cast ( eligible votes ) in Section A shall be considered elected .  5 . Subject to paragraph 10 of this Section, if 11 persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than 11 candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only :  ( a ) those governors who voted in the first ballot for a person not elected;  and  ( b ) those governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 5,5 % of the eligible votes .  6 . In determining whether the votes cast by a governor are deemed to have raised the total votes cast for any person above 5,5 % of the eligible votes, the 5,5 % shall be deemed to include, first, the votes of the governor casting the largest number of votes for such person, then the votes of the governor casting the next largest number and so on, until 5,5 % is reached .  7 . Any governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 4,5 % shall be considered as casting all of his or her votes for such person, even if the total votes for such person thereby exceed 5,5 % and shall not be eligible to vote in a further ballot .  8 . Subject to paragraph 10 of this Section, if, after the second ballot, 11 persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until 11 persons have been elected, provided that, if at any stage 10 persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the 11th may be elected by a simple majority of the remaining votes cast .  9 . In the case of an increase or decrease in the number of directors to be elected by Section A governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors .  10 . So long as any signatory, or group of signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 2,4 %, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one director in respect of each such signatory or group of signatories . The governor or governors representing such a signatory or group of signatories sall elect a director in respect of each signatory or group of signatories, immediately after the signatory becomes a member or the group of signatories become members . Such director shall be deemed to have been elected by the Board of Governors at its  inauguralmeeting, in accordance with paragraph 3 of Article 26 of this Agreement, if he or she is elected during the period in which the first Board of Directors shall hold office .  SECTION B  ELECTION OF DIRECTORS BY GOVERNORS REPRESENTING OTHER COUNTRIES  Section B ( i ) _ Election of Directors by governors representing those countries listed in Annex A as Central and Eastern European countries ( recipient countries ) ( hereinafter referred to as Section B ( i ) governors )  1 . The provisions set out below in this Section shall apply exclusively to this Section .  2 . Candidates for the office of director shall be nominated by Section B ( i ) governors, provided that a governor may nominate only one person . The election of directors shall be by ballot of Section B ( i ) governors .  3 . Each governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs 1 and 2 of Article 29 of this Agreement .  4 . Subject to paragraph 10 of this Section, the four persons receiving the highest number of votes shall be directors, except that no person who receives less than 12 % of the votes which can be cast ( eligible votes ) in Section B ( i ) shall be considered elected .  5 . Subject to paragraph 10 of this Section, if four persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than four candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only :  ( a ) those governors who voted in the first ballot for a person not elected;  and  ( b ) those governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 13 % of the eligible votes .  6 . In determining whether the votes cast by a governor are deemed to have raised the total votes cast for any person above 13 % of the eligible votes, the 13 % shall be deemed to include, first, the votes of the governor casting the largest number of votes for such person, then the votes of the governor casting the next largest number and so on, until 13 % is reached .  7 . Any governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 12 % shall be considered as casting all his or her votes for such person, even if the total votes for such person thereby exceed 13 % and shall not be eligible to vote in a further ballot .  8 . Subject to paragraph 10 of this Section, if, after the second ballot, four persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until four persons have been elected, provided that, if at any stage three persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the fourth may be elected by a simple majority of the remaining votes cast .  9 . In the case of an increase or decrease in the number of directors to be elected by Section B ( i ) governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors .  10 . So long as any signatory, or group of signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 2,8 %, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one director in respect of each such signatory or group of signatories . The governor or governors representing such a signatory or group of signatories shall elect a director in respect of each signatory or group of signatories, immediately after the signatory becomes a member or the group of signatories become members . Such director shall be deemed to have been elected by the Board of Governors at its inaugural  meeting, in accordance with paragraph 3 of Article 26 of this Agreement, if he or she is electetd during the period in which the first Board of Directors shall hold office .  Section  B ( ii ) _ Election of Directors by governors representing those countries listed in Annex A as other European countries ( hereinafter referred to as Section B ( ii ) governors )  1 . The provisions set out below in this Section shall apply exclusively to this Section .  2 . Candidates for the office of director shall be nominated by Section B ( ii ) governors, provided that a governor may nominate only one person . The election of directors shall be by ballot of Section B ( ii ) governors .  3 . Each governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs 1 and 2 of Article 29 of this Agreement .  4 . Subject to paragraph 10 of this Section, the four persons receiving the highest number of votes shall be directors, except that no person who receives less than 20,5 % of the votes which can be cast ( eligible votes ) in Section B ( ii ) shall be considered elected .  5 . Subject to paragraph 10 of this Section, if four persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than four candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only :  ( a ) those governors who voted in the first ballot for a person not elected;  and  ( b ) those governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 21,5 % of the eligible votes .  6 . In determining whether the votes cast by a governor are deemed to have raised the total votes cast for any person above 21,5 % of the eligible votes, the 21,5 % shall be deemed to include, first, the votes of the governor casting the largest number of votes for such person, then the votes of the governor casting the next largest number and so on, until 21,5 % is reached .  7 . Any governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 20,5 % shall be considered as casting all his or her votes for such person, even if the total votes for such person thereby exceed 21,5 % and shall not be eligible to vote in a further ballot .  8 . Subject to paragraph 10 of this Section, if, after the second ballot, four persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until four persons have been elected, provided that, if at any stage three persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the fourth may be elected by a simple majority of the remaining votes cast .  9 . In the case of an increase or decrease in the number of directors to be elected by Section B ( ii ) governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors .  10 . So long as any signatory, or group of signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 2,8 %, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one director in respect of each such signatory or group of signatories . The governor or governors representing such a signatory or group of signatories shall elect a director in respect of each signatory or group of signatories, immediately after the signatory becomes a member or the group of signatories become members . Such director shall be deemed to have been elected by the Board of Governors at its inaugural meeting, in accordance with paragraph 3 of Article 26 of this Agreement, if he or she is electetd  during the period in which the first Board of Directors shall hold office .  Section B ( iii ) _ Election of directors by governors representing those countries listed in Annex A as non-European countries ( hereinafter referred to as Section B ( iii ) governors )  1 . The provisions set out below in this Section shall apply exclusively to this Section .  2 . Candidates for the office of director shall be nominated by Section B ( iii ) governors, provided that a governor may nominate only one person . The election of directors shall be by ballot of Section B ( iii ) governors .  3 . Each governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs 1 and 2 of Article 29 of this Agreement .  4 . Subject to paragraph 10 of this Section, the four persons receiving the highest number of votes shall be directors, except that no person who receives less than 8 % of the votes which can be cast ( eligible votes ) in Section B ( iii ) shall be considered elected .  5 . Subject to paragraph 10 of this Section, if four persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than four candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only :  ( a ) those governors who voted in the first ballot for a person not elected;  and  ( b ) those governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 9 % off the eligible votes .  6 . In determining whether the votes cast by a governor are deemed to have raised the total votes cast for any person above 9 % of the eligible votes, the 9 % shall be deemed to include, first, the votes of the governor casting the largest number of votes for such person, then the votes of the governor casting the next largest number and so on, until 9 % is reached .  7 . Any governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 8 % shall be considered as casting all of his or her votes for such person, even if the total votes for such person thereby exceed 9 % and shall not be eligible to vote in a further ballot .  8 . Subject to paragraph 10 of this Section, if, after the second ballot, four persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until four persons have been elected, provided that, if at any stage three persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the fourth may be elected by a simple majority of the remaining votes cast .  9 . In the case of an increase or decrease in the number of directors to be elected by Section B ( iii ) governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors .  10 . So long as any signatory, or group of signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 5 %, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one director in respect of each such signatory or group of signatories . The governor or governors representing such a signatory or group of signatories shall elect a director in respect of each signatory or group of signatories, immediately after the signatory becomes a member or the group of signatories become members . Such director shall be deemed to have been elected by the Board of Governors at its inaugural meeting, in accordance with paragraph 3 of Article 26 of this Agreement, if he or she is electetd during the  periin which the first Board of Directors shall hold office .  SECTION C  ARRANGEMENTS FOR THE ELECTION OF DIRECTORS REPRESENTING COUNTRIES NOT LISTED IN ANNEX A  If the Board of Governors decides, in accordance with paragraph 3 of Article 26 of this Agreement, to increase or decrease the size, or revise the composition, of the Board of Directors, in order to take into account changes in the number of members of the Bank, the Board of Governors shall first consider whether any amendments are required to this Annex, and may make any such amendments as it deems necessary as part of such decision .  SECTION D  ASSIGNMENT OF VOTES  Any Governor who does not participate in voting for the election or whose vote does not contribute to the election of a director under Section A or Section B ( i ) or Section B ( ii ) or Section B ( iii ) of this Annex may assign the votes to which he or she is entitled to an elected Director, provided that such governor shall first have obtained the agreement of all those governors who have elected that director to such assignment .  A decision by any governor not to participate in voting for the election of a director shall not affect the calculation of the eligible votes to be made under Section A, Section B ( i ), Section B ( ii ) or Section B ( iii ) of this Annex .


title: 2014/735/EU: Council Decision of 9 October 2014 on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

text:
               23.10.2014

               EN

               Official Journal of the European Union

               L 304/97

         COUNCIL DECISION
   of 9 October 2014
   on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

      (2014/735/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol 3 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (1) (‘the Agreement’), concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’).

               (2)

               The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) lays down provisions on the origin of goods traded under relevant agreements concluded between the contracting parties. Montenegro and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

               (3)

               The Union and Montenegro signed the Convention on 15 June 2011.

               (4)

               The Union and Montenegro deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 2 July 2012, respectively. As a consequence, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the Union and Montenegro on 1 May 2012 and on 1 September 2012, respectively.

               (5)

               Article 6 of the Convention provides that each contracting party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Stabilisation and Association Council established by the Agreement should adopt a decision replacing Protocol 3 by a new protocol which, with regard to the rules of origin, refers to the Convention.

               (6)

               The position of the Union within the Stabilisation and Association Council should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
   Minor changes to the draft decision of the Stabilisation and Association Council may be agreed to by the representatives of the Union in the Stabilisation and Association Council without further decision of the Council.
   Article 2
   The decision of the Stabilisation and Association Council shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 9 October 2014.

            For the Council

            The President

         A. ALFANO

      (1)  OJ L 108, 29.4.2010, p. 3.

      (2)  OJ L 54, 26.2.2013, p. 4.

      DRAFT
      DECISION No … OF THE EU-MONTENEGRO STABILISATION AND ASSOCIATION COUNCIL
      of
      replacing Protocol 3 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
      THE EU-MONTENEGRO STABILISATION AND ASSOCIATION COUNCIL,
      Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, signed in Luxembourg on 15 October 2007 (1), and in particular Article 44 thereof,
      Having regard to Protocol 3 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part,concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,
      Whereas:

                  (1)

                  Article 44 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (‘the Agreement’) refers to Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’), which lays down the rules of origin and provides for cumulation of origin between the Union, Montenegro, Turkey and any country or territory participating in the Union's Stabilisation and Association Process.

                  (2)

                  Article 39 of Protocol 3 provides that the Stabilisation and Association Council established by Article 119 of the Agreement may decide to amend the provisions of that protocol.

                  (3)

                  The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act. Montenegro and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

                  (4)

                  The Union and Montenegro signed the Convention on 15 June 2011.

                  (5)

                  The Union and Montenegro deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 2 July 2012, respectively. Consequently, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the Union and Montenegro on 1 May 2012 and on 1 September 2012, respectively.

                  (6)

                  Where the transition towards the Convention is not simultaneous for all Contracting Parties within the cumulation zone, it should not lead to any less favourable situation than previously under Protocol 3.

                  (7)

                  Protocol 3 should therefore be replaced by a new protocol making reference to the Convention,

            HAS ADOPTED THIS DECISION:
      Article 1
      Protocol 3 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation is replaced by the text set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.
      It shall apply from 1 September 2014.

         Done at

               For the Stabilisation and Association Council

               The President

         (1)  OJ L 108, 29.4.2010, p. 3.

         (2)  OJ L 54, 26.2.2013, p. 4.

         ANNEX
         Protocol 3
         concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
         Article 1
         Applicable rules of origin
         For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’) shall apply.
         All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the Convention shall be construed so as to mean this Agreement.
         Article 2
         Dispute settlement
         Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out this verification, they shall be submitted to the Stabilisation and Association Council.
         In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
         Article 3
         Amendments to the Protocol
         The Stabilisation and Association Council may decide to amend the provisions of this Protocol.
         Article 4
         Withdrawal from the Convention
         1.   Should either the European Union or Montenegro give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the European Union and Montenegro shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.
         2.   Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the European Union and Montenegro only.
         Article 5
         Transitional provisions — cumulation
         1.   Notwithstanding Article 3 of Appendix I to the Convention, the rules on cumulation provided for in Articles 3 and 4 of Protocol 3 to this Agreement, as adopted by the European Union and Montenegro on concluding the Agreement (2), shall continue to apply between the Parties to this Agreement until the Convention has become applicable for all Contracting Parties to the Convention listed in those Articles.
         2.   Notwithstanding Articles 16(5) and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

            (1)  OJ L 54, 26.2.2013, p. 4.

            (2)  OJ L 108, 29.4.2010, p. 3.


Avis juridique important

|

31980D0918

80/918/EEC, Euratom, ECSC: Council Decision of 26 September 1980 appointing the Secretary-General of the Council of the European Communities

Official Journal L 261 , 04/10/1980 P. 0016 - 0016

****      COUNCIL DECISION   OF 26 SEPTEMBER 1980   APPOINTING THE SECRETARY-GENERAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES  ( 80/918/EEC , EURATOM , ECSC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 5 THEREOF ,   HAVING REGARD TO THE RULES OF PROCEDURE OF THE COUNCIL , AND IN PARTICULAR ARTICLE 17 ( 1 ) THEREOF ,   WHEREAS THE OPERATION OF THE COUNCIL CALLS FOR :   -  A HIGHER DEGREE OF CONTINUITY IN THE WORK OF THE COUNCIL DURING SUCCESSIVE PRESIDENCIES ,   -  A BETTER COORDINATION OF THE WORK OF THE COUNCIL IN ITS VARIOUS FORMATIONS ,   -  A HIGHER DEGREE OF COHERENCE IN THE WORK OF THE SUBSIDIARY BODIES OF THE COUNCIL ,   -  SUSTAINED EFFORTS TO PRODUCE MORE COUNCIL DECISIONS BY COMPROMISE THROUGH PREPARATORY CONTACTS WITH DELEGATIONS ,   -  SIGNIFICANT ALLEVIATION OF THE COUNCIL ' S WORK LOAD BY WAY OF PRELIMINARY AGREEMENT BEING REACHED IN COREPER ON A LARGER NUMBER OF ISSUES ;   WHEREAS THESE IMPROVEMENTS SHOULD BE BROUGHT ABOUT THROUGH DETERMINED CONTRIBUTIONS BY ALL MEMBER COUNTRIES TO A MORE EFFICIENT USE OF THE COUNCIL ' S DECISION-MAKING STRUCTURE , A SPECIAL RESPONSIBILITY RESTING WITH THE PRESIDENCY-IN-OFFICE ;   WHEREAS THE TASK OF THE SECRETARIAT OF THE COUNCIL IS TO ASSIST THE COUNCIL IN GENERAL AND THE PRESIDENCY IN PARTICULAR IN THE PERFORMANCE OF THEIR TASKS ;   WHEREAS THE OFFICE OF SECRETARY-GENERAL IS OF GREAT IMPORTANCE IN BRINGING ABOUT THE NECESSARY IMPROVEMENTS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   MR NIELS E . N . ERSBOELL IS HEREBY APPOINTED SECRETARY-GENERAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES FOR A PERIOD OF FIVE YEARS WITH EFFECT FROM 8 OCTOBER 1980 ; THE TERM OF OFFICE MAY BE RENEWED ONCE FOR FIVE YEARS .   ARTICLE 2   THIS DECISION SHALL BE NOTIFIED TO MR ERSBOELL BY THE PRESIDENT OF THE COUNCIL .   IT SHALL ALSO BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 26 SEPTEMBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   P . HELMINGER


title: 2004/793/EC: Council Decision of 15 November 2004 concluding the consultation procedure with the Togolese Republic under Article 96 of the Cotonou Agreement

text:
               25.11.2004

               EN

               Official Journal of the European Union

               L 349/17

      COUNCIL DECISION

   of 15 November 2004
   concluding the consultation procedure with the Togolese Republic under Article 96 of the Cotonou Agreement
   (2004/793/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (‘the Cotonou Agreement’) (1), and in particular Article 96 thereof,
   Having regard to the Internal Agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (2), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Government of the Togolese Republic has violated the rules defined by the essential elements referred to in Article 9 of the Cotonou Agreement.

               (2)

               On 14 April 2004, pursuant to Article 96 of that Agreement, consultations started with the ACP countries and the Togolese Republic during which the Togolese authorities gave specific undertakings designed to remedy problems identified by the European Union, to be implemented during a period of intensive dialogue lasting three months.

               (3)

               At the conclusion of this period some substantive initiatives have been taken in respect of some of the undertakings referred to above and some undertakings have been met. Nevertheless, several important measures concerning essential elements of the Cotonou Agreement have still to be taken,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The consultations opened with the Togolese Republic under Article 96(2)(a) of the Cotonou Agreement are hereby terminated.
   Article 2
   The measures set out in the draft letter in the Annex are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) of the Cotonou Agreement.
   Article 3
   The decision of 14 December 1998 addressing a letter of the Council and the Commission to the Togolese Republic is hereby repealed.
   Article 4
   This decision shall enter into force on the day it is adopted. It shall be published in the Official Journal of the European Union.
   It shall be valid for 24 months from the date of its adoption by Council. It shall be regularly reviewed at least every six months.

      Done at Brussels, 15 November 2004.

            For the Council

            The President

         M. VAN DER HOEVEN

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

      (2)  OJ L 317, 15.12.2000, p. 376.

      ANNEX
      FOR THE ATTENTION OF THE PRIME MINISTER, HEAD OF GOVERNMENT OF THE TOGOLESE REPUBLIC
      Dear Sir,
      The European Union attaches great importance to the provisions of Article 9 of the Cotonou Agreement. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law; these are essential elements of the Agreement and thus form the basis for relations between us.
      The European Union believes that the political situation in Togo is deadlocked and that the democratic deficit and scant consideration for human rights and fundamental freedoms constitute a violation of the essential elements set out in Article 9 of the abovementioned Agreement.
      In view of this Article and the current political deadlock in Togo the European Union decided on 30 March 2004 to start consultations under Article 96 of the Agreement in order to thoroughly review the situation and find a remedy if possible.
      These consultations started in Brussels on 14 April 2004. Several fundamental issues were addressed, and you were able to present the Togolese authorities’ point of view and their analysis of the situation. The European Union was pleased to note that Togo made certain undertakings as stated in the Annex and proposed positive steps to improve the climate for democracy and the rule of law in the country.
      It was agreed that an intensive dialogue on the various points raised would be held in Togo over a period of three months, and that the situation would be assessed at the end of this period.
      This regular in-depth dialogue on a list of measures to be taken in order to implement the agreed undertakings has taken place.
      A number of significant measures have been taken by the Togolese authorities. In particular:

                  —

                  the authorities have organised information and awareness-raising meetings with prefects and police concerning various aspects of human rights and fundamental freedoms. They have distributed instructions and circulars setting out the existing directives and rules. This has produced some positive results, confirmed by the opposition,

                  —

                  the authorities have instructed the courts to bring to trial all persons remanded in custody in cases where preliminary investigations have been completed. This call for a speeding-up of procedures has led to the setting of 214 trial dates, including the cases of a number of prisoners considered political. The government ensured that lawyers had access to their clients during the preliminary inquiries. Nearly 500 prisoners were released in August, either through remittance of their sentences, or release on bail,

                  —

                  access to the media, hitherto a preserve of the government and the party in power outside election campaigns, has been extended in recent weeks to opposition parties, though access is not yet balanced,

                  —

                  the government has embarked on reform of the National Commission for Human Rights and the High Authority for Audiovisual and Communications,

                  —

                  a new press code was adopted by the Assemblée Nationale on 24 August,

                  —

                  an analysis of the justice system has been carried out with the aid of the United Nations Development Programme (UNDP),

                  —

                  the government is continuing efforts towards decentralisation and recently adopted a policy letter on the subject,

                  —

                  an initial meeting was held with the traditional opposition on 25 August, in order to establish a national dialogue in an organised and transparent framework.

            These initiatives have undoubtedly improved respect for human rights and fundamental freedoms in your country. Nevertheless, a number of points continue to give rise to concern, especially as regards the restoration of democracy:
      In this connection the European Union is anxious for the following substantive measures to be taken, which are in keeping with the undertakings annexed hereto:

                  —

                  the implementation of the national dialogue in an organised and transparent framework in accordance with Undertaking 1.1,

                  —

                  in the context of this dialogue, a revision of the electoral arrangements ensuring a transparent and democratic process in accordance with Undertaking 1.3,

                  —

                  the establishment of a legal framework for the financing of political parties in accordance with Undertaking 1.4,

                  —

                  the organisation of parliamentary and local elections in accordance with Undertakings 1.5 and 1.6,

                  —

                  continuation of the process of decentralisation in accordance with Undertaking 1.7,

                  —

                  continued action on political prisoners followed by their possible liberation, as stipulated in Undertaking 2.2,

                  —

                  revision of the articles of association and terms of reference of the National Commission for Human Rights and the High Authority for Audiovisual and Communications in accordance with Undertakings 2.5 and 3.6,

                  —

                  continued reform of the legal and justice system in accordance with the recommendations of the UNDP diagnostic study.

            The European Union also attaches great importance to the continuation and consolidation of the initiatives already undertaken in the context of Undertakings 1.2, 1.4, 2.1, 2.3, 2.4, 2.6, 3.2, 3.3, 3.4 and 3.5.
      In follow-up to the consultations, and in light of the undertakings given thus far and the important measures still to be put in hand, it has been decided to adopt the following appropriate measures under Article 96(2)(c) of the Cotonou Agreement:

                  1.

                  continued implementation of projects financed with the unexpended balances of the sixth and seventh European Development Funds (EDF) that will meet the needs of the population and promote compliance with the essential elements of the Cotonou Agreement, namely, respect for human rights, democratic principles and the rule of law. The national programme of decentralised environmental management projects and the 1990-1994 Framework of Mutual Obligations for Stabex Funds will also be implemented;

                  2.

                  institutional aid for the implementation of measures to carry out the undertakings made during the consultations may be provided from the unexpended balances of the sixth and seventh EDF funds. In this connection the Commission will, amongst other things, adopt a financing decision on the programme to carry out a fourth general population and housing census;

                  3.

                  the ninth EDF allocation will be notified once electoral arrangements that will ensure transparent and democratic elections acceptable to all parties are established and a date for the holding of parliamentary elections is set. This will be the signal for the programming of resources;

                  4.

                  once the ninth EDF allocation is notified, aid for preparing the elections may be given as long as the conditions stipulated in the above electoral arrangements are adhered to;

                  5.

                  once free and fair parliamentary elections have been held, cooperation with the European Union will resume in full, with implementation of the ninth EDF and the 1995-1999 Framework of Mutual Obligations for Stabex Funds;

                  6.

                  contributions to regional projects will be considered on a case-by-case basis;

                  7.

                  humanitarian operations, trade cooperation and trade-linked preferences will not be affected.

            The Presidency of the European Union and the European Commission will carry out regular joint reviews, at intervals of not more than six months.
      The European Union will continue monitoring the situation in Togo closely; an enhanced political dialogue will be conducted with your Government over a 24-month monitoring period in order to ensure that it continues on the path mapped out towards democracy and the rule of law and pursues and consolidates its efforts in the field of human rights and fundamental freedoms.
      If implementation of the Togolese authorities' undertakings speeds up, or on the contrary breaks down, the European Union reserves the right to adjust the appropriate measures.
      I have the honour to be, Sir, yours faithfully.

         Done at Brussels, 15 November 2004.

               For the Commission

               For the Council

         ANNEX to the ANNEX
         LIST OF UNDERTAKINGS GIVEN BY THE TOGOLESE REPUBLIC
         The Government of the Togolese Republic has given the following undertakings to the European Union during consultations held under Article 96 of the Cotonou Agreement.
         Undertaking 1.1:
         Announce immediately, to ensure that democratic principles are fully upheld, the resumption of an open, credible national dialogue with the traditional opposition and civil society in an organised and transparent framework.
         Undertaking 1.2:
         Guarantee all political parties, without delay, freedom of action without fear of harassment, intimidation or censorship
         Undertaking 1.3:
         Revise the electoral arrangements on the basis of the Lomé Framework Agreement so as to ensure transparent and democratic elections that are acceptable to all parties within six months.
         Undertaking 1.4:
         Ensure that all political parties have equitable access to public media and set up a fair system for the public funding of political parties.
         Undertaking 1.5:
         Organise fresh parliamentary elections that are transparent, with international observers present at all stages of the process, as soon as possible, in keeping with the implementation of Undertaking 1.3 above.
         Undertaking 1.6:
         Organise local elections that are transparent, with observers present at all stages of the process, within 12 months.
         Undertaking 1.7:
         Create the conditions necessary for democratically elected municipal assemblies to have a mandate and the resources needed to establish effective and democratically legitimate local government within 12 months.
         Undertaking 2.1:
         Ensure that there are no instances of extrajudicial killings, torture or other forms of inhuman or degrading treatment on Togolese soil; this includes the proper training of those managing the police and the justice system.
         Undertaking 2.2:
         Free all political prisoners who are clearly held for their political opposition, criticism of the government or other reasons not justifying detention. The list of prisoners concerned by this measure will be drawn up in collaboration with one or more recognised NGOs that are experienced in this field and accepted by all parties. This undertaking must be implemented within not more than six weeks.
         Undertaking 2.3:
         Transfer all files on persons remanded in custody or released on bail to the public prosecutor's office within three months so that their cases can be examined in accordance with the law.
         Undertaking 2.4:
         Give lawyers and humanitarian/human rights organisations, accompanied by a doctor of their choice, free access to detainees wherever they are held (prison, gendarmerie, police station, etc.) so that the absence of torture or other inhuman treatment can be verified before the end of the consultations.
         Undertaking 2.5:
         Revise the articles of association and terms of reference of the National Commission for Human Rights with a view to making it truly independent vis-à-vis the administration within nine months.
         Undertaking 2.6:
         Take legal or disciplinary action against the known perpetrators of extrajudicial killings, acts of torture and inhuman and degrading treatment. This undertaking also includes the amendment of relevant legislation and regulations where necessary.
         Undertaking 2.7:
         Take adequate measures (to be specified later) to ensure that the justice system works impartially and independently of the executive. A diagnostic study providing the basis for an action plan will be presented before the end of the consultations.
         Undertaking 3.1:
         Revise the press and communication code so as to align it on international standards within six months. Above all, we expect the abolition of prison terms for the offences of ‘defamation and besmirching honour’ currently provided for in the press code.
         Undertaking 3.2:
         Immediately ensure that the media, NGOs and civil society representatives do not suffer harassment, censure or intimidation.
         Undertaking 3.3:
         Immediately ensure that all political and civil society representatives and ordinary citizens enjoy the right to freedom of expression and peaceful assembly in all public places throughout Togolese territory without fear of harassment, censure or intimidation.
         Undertaking 3.4:
         Ensure the freedom of movement of all political and civil society representatives, both as citizens and in the exercise of their political or representative functions.
         Undertaking 3.5:
         Ensure, before the end of the consultations, that all citizens have free access to information through the media, including the websites of opposition parties, NGOs and so on.
         Undertaking 3.6:
         Revise the articles of association and terms of reference of the High Authority for Audiovisual and Communications within six months with a view to making it truly independent vis-à-vis the administration.
         Undertaking 4.1:
         Present progress reports on the dialogue and performance of undertakings to the European Union authorities on 1 June and 1 July 2004.
         Undertaking 4.2:
         Willingness of the Togolese authorities to take part in the dialogue on the ground and facilitate any mission of officials from the Commission and the Presidency in the framework of this dialogue.


title: Council Decision (CFSP) 2016/208 of 15 February 2016 amending Decision (CFSP) 2015/260 extending the mandate of the European Union Special Representative for Human Rights

text:
               16.2.2016

               EN

               Official Journal of the European Union

               L 39/47

         COUNCIL DECISION (CFSP) 2016/208
   of 15 February 2016
   amending Decision (CFSP) 2015/260 extending the mandate of the European Union Special Representative for Human Rights
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 July 2012, the Council adopted Decision 2012/440/CFSP (1) appointing Mr Stavros LAMBRINIDIS as the European Union Special Representative (EUSR) for Human Rights.

               (2)

               On 17 February 2015, the Council adopted Decision (CFSP) 2015/260 (2) extending the mandate of the EUSR until 28 February 2017.

               (3)

               Decision (CFSP) 2015/260 sets out the financial reference amount intended to cover the period from 1 March 2015 to 29 February 2016. A new financial reference amount should be established for the period from 1 March 2016 to 28 February 2017.

               (4)

               Decision (CFSP) 2015/260 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 5 of Decision (CFSP) 2015/260, paragraph 2 is replaced by the following:

      ‘2.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR from 1 March 2016 to 28 February 2017 shall be EUR 825 000.’.

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

      Done at Brussels, 15 February 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2012/440/CFSP of 25 July 2012 appointing the European Union Special Representative for Human Rights (OJ L 200, 27.7.2012, p. 21).

      (2)  Council Decision (CFSP) 2015/260 of 17 February 2015 extending the mandate of the European Union Special Representative for Human Rights (OJ L 43, 18.2.2015, p. 29).


title: 2013/273/EU: Council Decision of 6 June 2013 appointing three Maltese members and three Maltese alternate members of the Committee of the Regions

text:
               11.6.2013

               EN

               Official Journal of the European Union

               L 159/13

         COUNCIL DECISION
   of 6 June 2013
   appointing three Maltese members and three Maltese alternate members of the Committee of the Regions
   (2013/273/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Maltese Government,
   Whereas:

               (1)

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

               (2)

               Three members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Claudette ABELA BALDACCHINO, Mr Michael COHEN and Mr Malcolm MIFSUD. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Doris BORG and Mr Ian BORG. An alternate member’s seat will become vacant following the appointment of Mr Paul FARRUGIA as member of the Committee of the Regions,

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

               (a)

               as members:

                           —

                           Mr Peter BONELLO, Mayor of San Ġiljan,

                           —

                           Mr Paul FARRUGIA, Mayor of Ħal Tarxien,

                           —

                           Dr Marc SANT, Councillor, Ħal Lija Local Council;

                     and

               (b)

               as alternate members:

                           —

                           Mr Jesmond AQUILINA, Deputy Mayor of Ħal Qormi,

                           —

                           Mr Anthony MIFSUD, Councillor, Imtarfa Local Council,

                           —

                           Mr Raymond TABONE, Councillor, San Pawl il-Baħar Local Council.

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

      Done at Luxembourg, 6 June 2013.

            For the Council

            The President

         A. SHATTER

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

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

|

32000D0509(01)

Council Decision of 17 April 2000 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal C 129 , 09/05/2000 P. 0001 - 0001

Council Decisionof 17 April 2000appointing a member of the Advisory Committee of the Euratom Supply Agency(2000/C 129/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency(1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995(2),Having regard to the Council Decision of 14 June 1999 appointing the members of the Advisory Committee of the Euratom Supply Agency(3),Having regard to the opinion of the Commission,Whereas a member's seat on the aforementioned Committee has become vacant following the resignation of Mr STEUR, which was brought to the Council's attention on 14 February 2000;Whereas that vacancy should be filled;Having regard to the nomination submitted by the Netherlands Government on 14 February 2000,HAS DECIDED AS FOLLOWS:Sole ArticleMs HOEDEMAKERS is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, i.e. until 28 March 2001.Done at Luxembourg, 17 April 2000.For the CouncilThe PresidentL. Capoulas Santos(1) OJ 27, 6.12.1958, p. 534/58.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 186, 2.7.1999, p. 1.


title: 2012/675/EU: Council Decision of 29 October 2012 appointing three United Kingdom members and two United Kingdom alternate members of the Committee of the Regions

text:
               1.11.2012

               EN

               Official Journal of the European Union

               L 305/25

         COUNCIL DECISION
   of 29 October 2012
   appointing three United Kingdom members and two United Kingdom alternate members of the Committee of the Regions
   (2012/675/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the United Kingdom Government,
   Whereas:

               (1)

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

               (2)

               Three members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Jonathan BELL, Mr Iain MALCOLM and Ms Irene OLDFATHER. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Ted BROCKLEBANK and Mr Nicol STEPHEN,

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

               (a)

               as members:

                           —

                           Ms Patricia FERGUSON MSP, Member of the Scottish Parliament,

                           —

                           Mr Paul WATSON, Councillor,

                           —

                           Mr Trevor CUMMINGS, Councillor,

                     and

               (b)

               as alternate members:

                           —

                           Mr Jim HUME MSP, Member of the Scottish Parliament,

                           —

                           Mr Jamie McGRIGOR MSP, Member of the Scottish Parliament.

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

      Done at Luxembourg, 29 October 2012.

            For the Council

            The President

         E. FLOURENTZOU

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

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Council Decision (CFSP) 2016/608 of 18 April 2016 concerning the temporary reception by Member States of the European Union of certain Palestinians

text:
               20.4.2016

               EN

               Official Journal of the European Union

               L 104/18

         COUNCIL DECISION (CFSP) 2016/608
   of 18 April 2016
   concerning the temporary reception by Member States of the European Union of certain Palestinians
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 and Article 31(1) thereof,
   Whereas:

               (1)

               On 5 March 2015, the Council adopted Decision (CFSP) 2015/363 (1) concerning the temporary reception by Member States of certain Palestinians which provided for an extension of the validity of their national permits for entry into, and stay in, the territory of the Member States referred to in Common Position 2002/400/CFSP (2) for a further period of 24 months.

               (2)

               On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 24 months,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of national permits for entry and stay granted pursuant to Article 3 of the Common Position for a further period of 24 months, starting from 31 January 2016.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 18 April 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision (CFSP) 2015/363 of 5 March 2015 concerning the temporary reception by Member States of the European Union of certain Palestinians (OJ L 62, 6.3.2015, p. 24).

      (2)  Council Common Position 2002/400/CFSP of 21 May 2002 concerning the temporary reception by Member States of the European Union of certain Palestinians (OJ L 138, 28.5.2002, p. 33).