title: 2008/305/EC: Council Decision of 18 February 2008 on the conclusion of the Agreement between the European Community and the Republic of Panama on certain aspects of air services

text:
               16.4.2008

               EN

               Official Journal of the European Union

               L 106/6

         COUNCIL DECISION
   of 18 February 2008
   on the conclusion of the Agreement between the European Community and the Republic of Panama on certain aspects of air services
   (2008/305/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament,
   Whereas:

               (1)

               On 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated, on behalf of the Community, an Agreement with Panama on certain aspects of air services (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement was signed on 1 October 2007 on behalf of the European Community subject to its possible conclusion at a later date.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Agreement between the European Community and the Republic of Panama on certain aspects of air services is hereby approved on behalf of the Community.
   2.   The text of the Agreement is attached to this Decision (1).
   Article 2
   The President of the Council is authorised to designate the person empowered to make the notification provided in Article 9(1) of the Agreement.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         D. RUPEL

      (1)  See page 7 of this Official Journal.
    ---documentbreak---

               16.4.2008

               EN

               Official Journal of the European Union

               L 106/7

         AGREEMENT
   between the European Community and the Republic of Panama on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE REPUBLIC OF PANAMA,
   of the other part,
   (hereinafter referred to as the Parties),
   NOTING that bilateral air service agreements have been signed between several Member States of the European Community and the Republic of Panama containing provisions contrary to European Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and the Republic of Panama, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and the Republic of Panama and to preserve the continuity of such air services,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and the Republic of Panama, to affect the balance between Community air carriers and air carriers of the Republic of Panama, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General Provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community. ‘LACAC Member States’ shall mean Member States of the Latin American Civil Aviation Commission.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation, Authorisation and Revocation
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Republic of Panama, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively. The provisions in paragraphs 4 and 5 of this Article shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Republic of Panama, its authorisations and permissions granted by the Member State, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Republic of Panama shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid operating licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its air operators certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, or by other states listed in Annex III and/or nationals of such other states.

         3.   The Republic of Panama may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid operating licence in accordance with European Community law; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its air operators certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned and effectively controlled directly or through majority ownership by Member States and/or nationals of Member States, or by other states listed in Annex III and/or nationals of such other states; or

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between the Republic of Panama and another Member State and the Republic of Panama demonstrates that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement; or

               (v)

               the air carrier holds an air operators certificate issued by a Member State and there is no bilateral air services agreement between the Republic of Panama and that Member State, and traffic rights to that Member State have been denied to the air carrier designated by the Republic of Panama.

         In exercising its right under this paragraph, the Republic of Panama shall not discriminate between Community air carriers on the grounds of nationality.
   4.   On receipt of a designation by the Republic of Panama, a Member State shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established in the Republic of Panama; and

               (ii)

               the Republic of Panama has and maintains effective regulatory control of the air carrier and is responsible for issuing its air operators certificate; and

               (iii)

               the air carrier is owned and effectively controlled directly or through majority ownership by LACAC Member States and/or nationals of LACAC Member States.

         5.   A Member State may refuse, revoke, suspend or limit the authorisation or permissions of an air carrier designated by the Republic of Panama where:

               (i)

               the air carrier is not established in the Republic of Panama; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Republic of Panama or the Republic of Panama is not responsible for issuing its air operators certificate; or

               (iii)

               the air carrier is not owned and effectively controlled directly or through majority ownership by LACAC Member States and/or nationals of LACAC Member States; or

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between the Member State and another LACAC Member State and the Member State demonstrates that, by exercising traffic rights under this Agreement on a route that includes a point in that other LACAC Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement.

         Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Republic of Panama under the safety provisions of the agreement between the Member State that has designated the air carrier and the Republic of Panama shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraphs 2 and 3 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent Member States from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Republic of Panama that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   3.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent the Republic of Panama from imposing on a non-discriminatory basis taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of a Member State that operates between a point in the territory of the Republic of Panama and another point in the territory of the Republic of Panama or in the territory of another LACAC Member State.
   Article 5
   Tariffs for carriage
   1.   The provisions in paragraphs 2 and 3 of this Article shall complement the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by the Republic of Panama under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law. European Community law is applied on a non-discriminatory basis.
   3.   The tariffs to be charged by the air carrier(s) designated by a Member State under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage between the Republic of Panama and another LACAC Member State shall be subject to Panamanian law concerning price leadership and applied on a non-discriminatory basis.
   Article 6
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 7
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 9
   Entry into force
   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   Article 10
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Panama City in duplicate, on this first day of October in the year two thousand and seven in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish languages. In case of divergence the Spanish text shall prevail over the other language texts.

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

         За Република Панама
         Por la República de Panamá
         Za Panamskou republiku
         For Republikken Panama
         Für die Republik Panama
         Panama Vabariigi nimel
         Για τη Δημοκρατία του Παναμά
         For the Republic of Panama
         Pour la République du Panama
         Per la Repubblica di Panama
         Panamas Republikas vārdā
         Panamos Respublikos vardu
         A Panamai Köztársaság részéről
         Għar-Repubblika tal-Panama
         Voor de Republiek Panama
         W imieniu Republiki Panamy
         Pela República do Panamá
         Pentru Republica Panama
         Za Panamskú republiku
         Za Republiko Panamo
         Panaman tasavallan puolesta
         För Republiken Panama

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between the Republic of Panama and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                           —

                           Air Transport Agreement between the Federal Republic of Germany and the Republic of Panama, done at Panama on 13 December 1999, hereinafter referred to as the ‘Panama-Germany Agreement’ in Annex II,

                           —

                           Agreement between the Governments of the Republic of Panama and the Kingdom of Belgium on air services, done at Panama City on 12 January 1966, hereinafter referred to as the ‘Panama-Belgium Agreement’ in Annex II,

                           —

                           Agreement between the Kingdom of Spain and the Republic of Panama, done at Panama City on 7 August 2001, hereinafter referred to as the ‘Panama-Spain Agreement’ in Annex II,

                           —

                           Protocol of the Meeting between the aeronautical delegations of the Government of the Italian Republic and the Government of the Republic of Panama, done at Rome on 11 November 1970, hereinafter referred to as the ‘Panama-Italy Protocol’ in Annex II,

                           —

                           Agreement between the Republic of Panama and the Kingdom of the Netherlands concerning air services between and beyond their respective territories, initialled as Annex II to the Memorandum of Understanding done in The Hague on 7 June 1995, hereinafter referred to as the ‘Panama-Netherlands Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Panama, initialled as Annex B to the Memorandum of Understanding signed in London on 26 August 1997, hereinafter referred to as the ‘Panama-United Kingdom Agreement’ in Annex II.

               (b)

               Air service agreements and other arrangements initialled or signed between the Republic of Panama and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.

         ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation:

                           —

                           Article 3 of the Panama-Germany Agreement,

                           —

                           Article 3 of the Panama-Spain Agreement,

                           —

                           Article 4 of the Panama-Netherlands Agreement,

                           —

                           Article 4 of the Panama-United Kingdom Agreement;

               (b)

               Refusal, Revocation, Suspension or Limitation of Authorisations or Permissions:

                           —

                           Article 3 of the Panama-Germany Agreement,

                           —

                           Article 9 of the Panama-Belgium Agreement,

                           —

                           Article 4 of the Panama-Spain Agreement,

                           —

                           Article 5 of the Panama-Netherlands Agreement,

                           —

                           Article 5 of the Panama-United Kingdom Agreement;

               (c)

               Regulatory control:

                           —

                           Article 12 of the Panama-Germany Agreement,

                           —

                           Article 11 of the Panama-Spain Agreement;

               (d)

               Taxation of Aviation Fuel:

                           —

                           Article 6 of the Panama-Germany Agreement,

                           —

                           Article 7 of the Panama-Belgium Agreement,

                           —

                           Article 5 of the Panama-Spain Agreement,

                           —

                           Article 10 of the Panama-Netherlands Agreement,

                           —

                           Article 8 of the Panama-United Kingdom Agreement;

               (e)

               Tariffs for Carriage:

                           —

                           Article 10 of the Panama-Germany Agreement,

                           —

                           Article 5 of the Panama-Belgium Agreement,

                           —

                           Article 7 of the Panama-Spain Agreement,

                           —

                           Article 6 of the Panama-Netherlands Agreement,

                           —

                           Article 7 of the Panama-United Kingdom Agreement.

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


Avis juridique important

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41980D1330

80/1330/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, and of the Government of the Hellenic Republic, of 16 December 1980 laying down the arrangements applicable from 1 January 1981 to trade between Greece and Egypt in products covered by that Community

Official Journal L 382 , 31/12/1980 P. 0099 - 0100 Greek special edition: Chapter 11 Volume 26 P. 0207  Spanish special edition: Chapter 11 Volume 14 P. 0142  Portuguese special edition Chapter 11 Volume 14 P. 0142

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, AND OF THE GOVERNMENT OF THE HELLENIC REPUBLIC of 16 December 1980 laying down the arrangements applicable from 1 January 1981 to trade between Greece and Egypt in products covered by that Community (80/1330/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, AND THE GOVERNMENT OF THE HELLENIC REPUBLIC,  Whereas the Member States have concluded among themselves the Treaty establishing the European Coal and Steel Community;  Whereas the Protocol to the Agreement between the Member States of the European Coal and Steel Community and the Arab Republic of Egypt (1), hereinafter referred to respectively as "the Protocol" and "the Agreement", to take account of the accession of the Hellenic Republic, was signed on 12 December 1980;  Whereas, as from 1 January 1981 and pending the entry into force of the Protocol, the Member States of the European Coal and Steel Community should, in the light of the provisions of the said Protocol, lay down autonomously the arrangements applicable to trade between Greece and Egypt;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:    Article 1 From 1 January 1981 until the entry into force of the Protocol, the arrangements applicable to trade between Greece and Egypt shall be those resulting from the Annex hereto.   Article 2 Member States shall take the measures necessary to implement this Decision.     Done at Brussels, 16 December 1980.  The President  Colette FLESCH   (1) OJ No L 316, 12.12.1979, p. 2.     ANNEX Specific conditions of application of the Agreement between the Member States of the European Coal and Steel Community and the Arab Republic of Egypt consequent upon the Accession of the Hellenic Republic  Article 1 For the products covered by the Agreement, the Hellenic Republic shall progressively abolish customs duties applicable to imports of products originating in Egypt in accordance with the following timetable:    - on 1 January 1981, each duty shall be reduced to 90 % of the basic duty,       - on 1 January 1982, each duty shall be reduced to 80 % of the basic duty,       - the four other reductions of 20 % each shall be made on:      - 1 January 1983,       - 1 January 1984,       - 1 January 1985,       - 1 January 1986.          Article 2 The basic duty to which the successive reductions provided for in Article 1 are to be applied shall, for each product, be the duty actually applied on 1 July 1980 by the Hellenic Republic with regard to Egypt.   Article 3 1. The Hellenic Republic shall progressively abolish charges having equivalent effect to customs duties on imports of products originating in Egypt in accordance with the following timetable:    - on 1 January 1981, each charge shall be reduced to 90 % of the basic rate,       - on 1 January 1982, each charge shall be reduced to 80 % of the basic rate,       - the four other reductions of 20 % each shall be made on:    - 1 January 1983,       - 1 January 1984,       - 1 January 1985,       - 1 January 1986.         2. The basic rate to which the successive reductions provided for in paragraph 1 are to be applied shall, for each product, be the rate applied by the Hellenic Republic on 31 December 1980 with regard to the Community of Nine.  3. Any charge having equivalent effect to a customs duty on imports, introduced as from 1 January 1979 in trade between Greece and Egypt, shall be abolished on 1 January 1981.   Article 4 If the Hellenic Republic suspends or reduces duties or charges having equivalent effect on products imported from the Community of Nine more quickly than under the established timetable, the Hellenic Republic shall also suspend or reduce, to the same level, those duties or charges having equivalent effect on products originating in Egypt.   Article 5 1. Import deposits and cash payments in force in Greece on 31 December 1980 with regard to imports of products originating in Egypt shall be progressively eliminated over a period of three years from 1 January 1981.  The rate of import deposits and cash payments shall be reduced in accordance with the following timetable:    - 1 January 1981 : 25 %,       - 1 January 1982 : 25 %,       - 1 January 1983 : 25 %,       - 1 January 1984 : 25 %.         2. If, in respect of the Community of Nine, the Hellenic Republic reduces the rate of import deposits or cash payments more quickly than under the timetable set out in paragraph 1, the Hellenic Republic shall make the same reduction with regard to imports of products originating in Egypt.


Avis juridique important

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31968D0189

68/189/EEC: Council Decision of 9 April 1968 amending the Rules of the Advisory Committee on Vocational Training

Official Journal L 091 , 12/04/1968 P. 0026 - 0026 Danish special edition: Series I Chapter 1968(I) P. 0076  English special edition: Series I Chapter 1968(I) P. 0079  Greek special edition: Chapter 05 Volume 1 P. 0031  Spanish special edition: Chapter 05 Volume 1 P. 0076  Portuguese special edition Chapter 05 Volume 1 P. 0076

COUNCIL DECISION of 9 April 1968 amending the Rules of the Advisory Committee on Vocational Training (68/189/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 128 thereof;  Having regard to the Council Decision of 2 April 19631laying down general principles for implementing a common vocational training policy, and in particular the last subparagraph of the fourth principle thereof;  Having regard to the Rules of the Advisory Committee on Vocational Training2, and in particular Article 5 thereof;  Whereas experience has shown the harmful consequences of interruption of the work of the Committee on Vocational Training resulting from any delay between the expiry and the renewal of the term of office of its members;  After Having obtained the Opinion of the Commission which, for this purpose, consulted the Advisory Committee on Vocational Training;  HAS DECIDED AS FOLLOWS:    Sole Article The following shall be substituted for the provisions of Article 5 of the Rules of the Advisory Committee on Vocational Training:  "The term of office for members and alternates shall be two years. Their appointments may be renewed.  After expiry of their term of office, members and alternates shall remain in office until they are replaced or until their appointments are renewed."     Done at Luxembourg, 9 April 1968.  For the Council  The President  E. FAURE  1OJ No 63, 20.4.1963, p. 1338/63.  2OJ No 190, 30.12.1963, p. 3090/63.


               27.9.2016

               EN

               Official Journal of the European Union

               C 353/112

         P8_TA(2015)0194
   Request for waiver of the immunity of Theodoros Zagorakis
   European Parliament decision of 19 May 2015 on the request for waiver of the immunity of Theodoros Zagorakis (II) (2015/2071(IMM))
   (2016/C 353/19)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Theodoros Zagorakis, forwarded on 10 March 2015 by the Deputy Public Prosecutor at the Supreme Court of Greece in connection with proceeding No ΑΒΜ Δ2011/5382, Β2012/564, pending before the first-instance court of Thessaloniki and announced in plenary on 25 March 2015,

               —

               having regard to the fact that Mr Zagorakis waived his right to a hearing in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to Article 62 of the Constitution of the Hellenic Republic,

               —

               having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0151/2015),

               A.

               whereas the Deputy Public Prosecutor at the Supreme Court of Greece has requested the waiver of the immunity of Theodoros Zagorakis, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

               B.

               whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

               C.

               whereas Article 62 of the Constitution of the Hellenic Republic provides that, during the parliamentary term, members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament;

               D.

               whereas Mr Zagorakis is accused of being responsible for financial irregularities between 2007 and 2012 at the PAOK football club, of which he was president at the time;

               E.

               whereas the alleged offence clearly has no link with Mr Zagorakis’s post as a Member of the European Parliament, but rather is connected to his position as president of the PAOK football club;

               F.

               whereas the prosecution does not concern opinions expressed or votes cast in the performance of duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               G.

               whereas there is no reason to suspect that the intention underlying the criminal proceedings is to damage the Member’s political activity (fumus persecutionis), given that the prosecution was initiated a number of years before the Member took up his post;

               1.

               Decides to waive the immunity of Theodoros Zagorakis;

               2.

               Instructs its President to immediately forward this decision, and the report of the committee responsible, to the Public Prosecutor’s Office at the Supreme Court of Greece and to Theodoros Zagorakis.

      (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


Avis juridique important

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31983D0124

83/124/EEC: Council Decision of 28 March 1983 on the conclusion of a Community-COST Concertation Agreement on a concerted action project in the field of shore-based marine navigation aid systems (COST Project 301)

Official Journal L 084 , 30/03/1983 P. 0009 Spanish special edition: Chapter 07 Volume 3 P. 0154  Portuguese special edition Chapter 07 Volume 3 P. 0154

+++++( 1 ) OJ NO L 378 , 31 . 12 . 1982 , P . 32 .  COUNCIL DECISION OF 28 MARCH 1983 ON THE CONCLUSION OF A COMMUNITY-COST CONCERTATION AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF SHORE-BASED MARINE NAVIGATION AID SYSTEMS ( COST PROJECT 301 ) ( 83/124/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DECISION 82/887/EEC OF 13 DECEMBER 1982 ADOPTING A CONCERTED ACTION PROJECT FOR THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF SHORE-BASED MARINE NAVIGATION AID SYSTEMS ( 1 ) , AND IN PARTICULAR ARTICLE 6 THEREOF ,  HAVING REGARD TO THE COUNCIL DECISION OF 4 MAY 1982 AUTHORIZING THE COMMISSION TO NEGOTIATE AN AGREEMENT BETWEEN THE COMMUNITY AND THE NON-MEMBER STATES PARTICIPATING IN THE EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH FOR THE IMPLEMENTATION OF A CONCERTED ACTION PROJECT ON SHORE-BASED MARINE NAVIGATION AID SYSTEMS ,  HAVING REGARD TO THE DRAFT DECISION SUBMITTED BY THE COMMISSION ,  WHEREAS THE COMMISSION HAS COMPLETED THE NEGOTIATIONS CONCERNING THE AGREEMENT IN QUESTION ; WHEREAS THE AGREEMENT SHOULD THEREFORE BE APPROVED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COMMUNITY-COST CONCERTATION AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF SHORE-BASED MARITIME NAVIGATION AID SYSTEMS ( COST PROJECT 301 ) IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE AGREEMENT IS ATTACHED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE AGREEMENT IN ORDER TO BIND THE COMMUNITY .  DONE AT BRUSSELS , 28 MARCH 1983 .  FOR THE COUNCIL  THE PRESIDENT  J . ERTL


title: Council Decision of 15 January 2016 appointing three members and three alternates of the Administrative Board of the Agency for the Cooperation of Energy Regulators

text:
               20.1.2016

               EN

               Official Journal of the European Union

               C 19/6

         COUNCIL DECISION
   of 15 January 2016
   appointing three members and three alternates of the Administrative Board of the Agency for the Cooperation of Energy Regulators
   (2016/C 19/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (1), and in particular Article 12 thereof,
   Whereas:

               (1)

               Regulation (EC) No 713/2009 provides that the Council is to appoint five members and their alternates to the Administrative Board of the Agency for the Cooperation of Energy Regulators.

               (2)

               In accordance with Regulation (EC) No 713/2009, a member of the Administrative Board is not to be a member of the Board of Regulators and the members of the Administrative Board are to act independently and objectively in the public interest.

               (3)

               In accordance with Article 12(1) of Regulation (EC) No 713/2009, the term of office of the members of the Administrative Board and their alternates is four years, renewable once. However, to ensure continuity in the functioning of the Administrative Board, for the first mandate, the term of office of half of the members of the Administrative Board and their alternates was set at six years.

               (4)

               Therefore, by its Decision of 22 December 2009 (2), the Council appointed three members and three alternates to the Administrative Board for a period of six years, and two members and two alternates for a period of four years from 28 January 2010. Furthermore, by its Decision of 15 November 2013 (3), the Council appointed two members and three alternates to the Administrative Board for a period of four years from 28 January 2014.

               (5)

               With a view to the expiry of the six-year mandates of three members and two alternates, and the resignation of one alternate from his four-year mandate, three members and three alternates should be appointed to replace them,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following persons shall be appointed members of the Administrative Board of the Agency for the Cooperation of Energy Regulators for a period of four years from 28 January 2016:

               —

               Edmund HOSKER, United Kingdom,

               —

               Georgios SHAMMAS, Cyprus,

               —

               Piotr Grzegorz WOŹNIAK, Poland.

         Article 2
   The following persons shall be appointed alternate members of the Administrative Board of the Agency for the Cooperation of Energy Regulators for a period of four years from 28 January 2016:

               —

               Martin HANSEN, Denmark,

               —

               Jurijs SPIRIDONOVS, Latvia.

         Article 3
   The following person shall be appointed alternate member of the Administrative Board of the Agency for the Cooperation of Energy Regulators for a period of two years from 28 January 2016:

               —

               Carlos AGUIRRE CALZADA, Spain.

         Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 15 January 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  OJ L 211, 14.8.2009, p. 1.

      (2)  Council Decision of 22 December 2009 appointing five members and five alternates of the Administrative Board of the Agency for the Cooperation of Energy Regulators (OJ C 21, 28.1.2010, p. 1).

      (3)  Council Decision of 15 November 2013 appointing two members and three alternates of the Administrative Board of the Agency for the Cooperation of Energy Regulators (OJ C 337, 19.11.2013, p. 8).


title: 2011/307/EU: Council Decision of 13 May 2011 on the conclusion of an Agreement in the form of a Protocol between the European Union and the Arab Republic of Egypt establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part

text:
               26.5.2011

               EN

               Official Journal of the European Union

               L 138/2

         COUNCIL DECISION
   of 13 May 2011
   on the conclusion of an Agreement in the form of a Protocol between the European Union and the Arab Republic of Egypt establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part
   (2011/307/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 point (a)(v) of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 24 February 2006 the Council authorised the Commission to open negotiations with partners in the Mediterranean region in order to establish a dispute settlement mechanism related to trade provisions.

               (2)

               Negotiations have been conducted by the Commission in consultation with the committee appointed under Article 207 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               These negotiations have been concluded and an Agreement in the form of a Protocol (the Protocol) between the European Union and the Arab Republic of Egypt establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (1) was initialled on 27 April 2010.

               (4)

               The Protocol was signed on behalf of the Union on 11 November 2010.

               (5)

               The Protocol should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement in the form of a Protocol between the European Union and the Arab Republic of Egypt establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (the Protocol) is hereby approved on behalf of the Union.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 23 of the Protocol (2).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 304, 30.9.2004, p. 39.

      (2)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               26.5.2011

               EN

               Official Journal of the European Union

               L 138/3

         PROTOCOL
   between the European Union and the Arab Republic of Egypt establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part
   THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
   of the one part,
   and
   THE ARAB REPUBLIC OF EGYPT, hereinafter referred to as ‘Egypt’,
   of the other part,
   HAVE DECIDED AS FOLLOWS:
   CHAPTER I

      OBJECTIVE AND SCOPE

   Article 1
   Objective
   The objective of this Protocol is to avoid and settle any trade dispute between the Parties with a view to arrive at, where possible, a mutually agreed solution.
   Article 2
   Application of the Protocol
   1.   The provisions of this Protocol apply with respect to any difference concerning the interpretation and application of Title II (with the exception of Articles 22, 23 and 24), of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (hereinafter referred to as ‘the Association Agreement’) (1), except as otherwise expressly provided. Article 82 of the Association Agreement applies to disputes relating to the application and interpretation of other provisions of the Association Agreement.
   2.   The procedures of this Protocol shall apply if, 60 days after a dispute has been referred to the Association Council pursuant to Article 82 of the Association Agreement, the Association Council has failed to settle the dispute.
   3.   For the purposes of paragraph 2, a dispute shall be deemed to be resolved when the Association Council has taken a decision as provided for in Article 82(2) of the Association Agreement, or when it has declared that there is no longer a dispute.
   CHAPTER II

      CONSULTATIONS AND MEDIATION

   Article 3
   Consultations
   1.   The Parties shall endeavour to resolve any difference regarding the interpretation and application of the provisions referred to in Article 2 by entering into consultations in good faith with the aim of reaching a prompt, equitable and mutually agreed solution.
   2.   A Party shall seek consultations by means of a written request to the other Party, copied to the subcommittee ‘industry, trade, services and investment’, identifying any measure at issue and the provisions of the Association Agreement that it considers applicable.
   3.   Consultations shall be held within 40 days of the date of receipt of the request and take place, unless the Parties agree otherwise, on the territory of the Party complained against. The consultations shall be deemed concluded within 60 days of the date of receipt of the request, unless both Parties agree to continue consultations. Consultations, in particular all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
   4.   Consultations on matters of urgency, including those regarding perishable or seasonal goods, shall be held within 15 days of the date of receipt of the request, and shall be deemed concluded within 30 days of the date of receipt of the request.
   5.   If the Party to which the request is made does not respond to the request for consultations within 15 days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no agreement has been reached on a mutually agreed solution, the complaining Party may request the establishment of an arbitration panel in accordance with Article 5.
   Article 4
   Mediation
   1.   If consultations fail to produce a mutually agreed solution, the Parties may, by mutual agreement, seek recourse to a mediator. Any request for mediation must be made in writing to the Party complained against and to the subcommittee ‘industry, trade, services and investment’ and state any measure which has been the subject of consultations as well as the mutually agreed terms of reference for the mediation. Each Party undertakes to accord sympathetic consideration to requests for mediation.
   2.   Unless the Parties agree on a mediator within 15 days of the date of receipt of the request for mediation, the chairpersons of the subcommittee ‘industry, trade, services and investment’, or the chairpersons’ delegate, shall select by lot a mediator from the pool of individuals who are on the list referred to in Article 19 and are not nationals of either Party. The selection shall be made within 10 days of the date of receipt of the request. The mediator will convene a meeting with the Parties no sooner than 20 days and no later than 30 days after being selected. The mediator shall receive the submissions of each Party no later than 15 days before the meeting and may request additional information from the Parties or from experts or technical advisors as she or he deems necessary. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. The mediator shall notify an opinion no later than 45 days after having been selected.
   3.   The mediator’s opinion may include a recommendation on how to resolve the dispute consistent with the provisions referred to in Article 2. The mediator’s opinion is non-binding.
   4.   The Parties may agree to amend the time limits referred to in paragraph 2. The mediator may also decide to amend these time limits upon request of any of the Parties, given the particular difficulties experienced by the Party concerned or the complexities of the case.
   5.   The proceedings involving mediation, in particular the mediator’s opinion and all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
   6.   If the Parties agree, procedures for mediation may continue while the arbitration procedure proceeds.
   7.   Replacement of a mediator shall take place only for the reasons and according to the procedures detailed in paragraphs 18 to 21 of the Rules of Procedure.
   CHAPTER III

      DISPUTE SETTLEMENT PROCEDURES

      SECTION I

         Arbitration procedure

   Article 5
   Initiation of the arbitration procedure
   1.   Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 3, or by recourse to mediation as provided for in Article 4, the complaining Party may request the establishment of an arbitration panel.
   2.   The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the subcommittee ‘industry, trade, services and investment’. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 2. The establishment of an arbitration panel shall be requested no later than 18 months from the date of receipt of the request for consultations, without prejudice to the rights of the complaining Party to request new consultations on the same matter in the future.
   Article 6
   Establishment of the arbitration panel
   1.   An arbitration panel shall be composed of three arbitrators.
   2.   Within 15 days of the date of receipt by the Party complained against of the request for the establishment of an arbitration panel, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.
   3.   In the event that the Parties are unable to agree on its composition within the time frame laid down in paragraph 2, either Party may request the chairpersons of the subcommittee ‘industry, trade, services and investment’, or the chairpersons’ delegate, to select all three members by lot from the list established under Article 19, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure.
   4.   The chairpersons of the subcommittee ‘industry, trade, services and investment’, or the chairpersons’ delegate, shall select the arbitrators within 10 days of the request referred to in paragraph 3 by either Party.
   5.   The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.
   6.   Replacement of arbitrators shall take place only for the reasons and according to the procedures detailed in paragraphs 18 to 21 of the Rules of Procedure.
   Article 7
   Interim panel report
   The arbitration panel shall issue an interim report to the Parties setting out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes, as a general rule, not later than 120 days from the date of establishment of the arbitration panel. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 15 days of its notification. The findings of the final panel ruling shall include a discussion of the arguments made at the interim review stage.
   Article 8
   Arbitration panel ruling
   1.   The arbitration panel shall, as a general rule, notify its ruling to the Parties and to the subcommittee ‘industry, trade, services and investment’ within 150 days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the subcommittee ‘industry, trade, services and investment’ in writing, stating the reasons for the delay and the date on which the panel plans to conclude its work. Under no circumstances should the ruling be notified later than 180 days from the date of establishment of the arbitration panel.
   2.   The arbitration panel shall, at the request of both Parties, suspend its work at any time for a period agreed by the Parties not exceeding 12 months and shall resume its work at the end of this agreed period at the request of the complaining Party. If the complaining Party does not request the resumption of the arbitration panel’s work before the expiry of the agreed suspension period, the procedure shall be terminated. The suspension and termination of the arbitration panel’s work are without prejudice to the rights of either Party in another proceeding on the same matter.
   3.   In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to notify its ruling within 75 days from the date of its establishment. Under no circumstance should it take longer than 90 days from its establishment. The arbitration panel shall give a preliminary ruling within 10 days of its establishment on whether it deems the case to be urgent.

      SECTION II

         Compliance

   Article 9
   Compliance with the arbitration panel and Appellate Panel rulings
   Each Party shall take any measure necessary to comply with the arbitration panel ruling, and the Parties will endeavour to agree on the period of time to comply with the ruling.
   Article 10
   The reasonable period of time for compliance
   1.   No later than 30 days after the receipt of the notification of the arbitration panel ruling to the Parties, the Party complained against shall notify the complaining Party and the subcommittee ‘industry, trade, services and investment’ of the time it will require for compliance (reasonable period of time), if immediate compliance is not possible.
   2.   If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the receipt of the notification made under paragraph 1 by the Party complained against, request, in writing, the arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the subcommittee ‘industry, trade, services and investment’. The arbitration panel shall notify its ruling to the Parties and to the subcommittee ‘industry, trade, services and investment’ within 30 days from the date of receipt of the request.
   3.   The reasonable period of time may be extended by mutual agreement of the Parties.
   Article 11
   Review of any measure taken to comply with the arbitration panel ruling
   1.   The Party complained against shall notify the other Party and the subcommittee ‘industry, trade, services and investment’ before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.
   2.   In the event that there is disagreement between the Parties concerning the existence or the consistency of any measure notified under paragraph 1 with the provisions referred to in Article 2, the complaining Party may request, in writing, the arbitration panel to rule on the matter. Such request shall identify the specific measure at issue and it shall explain how such measure is inconsistent with the provisions referred to in Article 2. The arbitration panel shall notify its ruling within 90 days of the date of receipt of the request.
   Article 12
   Temporary remedies in case of non-compliance
   1.   If the Party complained against fails to notify any measure taken to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that the measure notified under Article 11(1) is inconsistent with that Party’s obligations under the provisions referred to in Article 2, the Party complained against shall, if so requested by the complaining Party, present an offer for temporary compensation.
   2.   If no agreement on compensation is reached within 30 days after the end of the reasonable period of time or of the arbitration panel ruling under Article 11 that a measure taken to comply is inconsistent with the provisions referred to in Article 2, the complaining Party shall be entitled, upon notification to the other Party and to the subcommittee ‘industry, trade, services and investment’, to suspend obligations arising from any provision referred to in Article 2 at a level equivalent to the nullification or impairment caused by the violation. The complaining Party may implement the suspension 15 days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 3.
   3.   If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request, in writing, the arbitration panel to rule on the matter. Such request shall be notified to the other Party and to the subcommittee ‘industry, trade, services and investment’ before the expiry of the 15 day period referred to in paragraph 2. The arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its ruling on the level of the suspension of obligations to the Parties and to the institutional body responsible for trade matters within 30 days of the date of receipt of the request. Obligations shall not be suspended until the arbitration panel has notified its ruling, and any suspension shall be consistent with the arbitration panel ruling.
   4.   The suspension of obligations shall be temporary and shall be applied only until any measure found to be inconsistent with the provisions referred to in Article 2 has been withdrawn or amended so as to bring it into conformity with those provisions, as established under Article 13, or until the Parties have agreed to settle the dispute.
   Article 13
   Review of any measure taken to comply after the suspension of obligations
   1.   The Party complained against shall notify the other Party and the subcommittee ‘industry, trade, services and investment’ of any measure it has taken to comply with the ruling of the arbitration panel and of its request for an end to the suspension of obligations applied by the complaining Party.
   2.   If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 2 within 30 days of the date of receipt of the notification, the complaining Party shall request, in writing, the arbitration panel to rule on the matter. Such request shall be notified simultaneously to the other Party and to the subcommittee ‘industry, trade, services and investment’. The arbitration panel ruling shall be notified to the Parties and to the subcommittee ‘industry, trade, services and investment’ within 45 days of the date of receipt of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 2, the suspension of obligations shall be terminated.

      SECTION III

         Common provisions

   Article 14
   Mutually agreed solution
   The Parties may reach a mutually agreed solution to a dispute under this Protocol at any time. They shall notify the subcommittee ‘industry, trade, services and investment’ and the arbitration panel of any such solution. Upon notification of the mutually agreed solution, the panel shall terminate its work and the procedure shall be terminated.
   Article 15
   Rules of Procedure
   1.   Dispute settlement procedures under Chapter III of this Protocol shall be governed by the Rules of Procedure annexed to this Protocol.
   2.   Any meeting of the arbitration panel shall be open to the public in accordance with the Rules of Procedure, unless the Parties agree otherwise.
   Article 16
   Information and technical advice
   At the request of a Party, or upon its own initiative, the arbitration panel may obtain information it deems appropriate for the arbitration panel proceeding. In particular, the arbitration panel also has the right to seek the relevant opinion of experts as it deems appropriate. The arbitration panel shall consult the Parties before choosing such experts. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. Unless the Parties agree otherwise, interested natural or legal persons established in the Parties are authorised to submit communications in writing to the arbitration panels in accordance with the Rules of Procedure. Such communications shall be limited to the factual aspects of the dispute and shall not address points of law.
   Article 17
   Rules of interpretation
   Any arbitration panel shall interpret the provisions referred to in Article 2 in accordance with customary rules of interpretation of public international law, including the Vienna Convention on the Law of Treaties. The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided in the provisions referred to in Article 2.
   Article 18
   Arbitration panel decisions and ruling
   1.   The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. However, in no case shall dissenting opinions of arbitrators be published.
   2.   Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations to physical or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of the Association Agreement and the basic rationale behind any findings and conclusions that it makes. The subcommittee ‘industry, trade, services and investment’ shall make the arbitration panel ruling publicly available in its entirety unless it decides not to do so in order to ensure the confidentiality of business confidential information.
   CHAPTER IV

      GENERAL PROVISIONS

   Article 19
   Lists of arbitrators
   1.   The subcommittee ‘industry, trade, services and investment’ shall, no later than 6 months after the entry into force of this Protocol, establish a list of at least 15 individuals who are willing and able to serve as arbitrators. Each of the Parties shall propose at least five individuals to serve as arbitrators. The two Parties shall also select at least five individuals who are not nationals of either Party and who shall act as chairperson to the arbitration panel. The subcommittee ‘industry, trade, services and investment’ will ensure that the list is always maintained at this level.
   2.   Arbitrators shall have specialised knowledge or experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct annexed to this Protocol.
   3.   The subcommittee ‘industry, trade, services and investment’ may establish additional lists of at least 15 individuals having a sectoral expertise in specific matters covered by the Association Agreement. When recourse is made to the selection procedure of Article 6(2), the chairpersons of the subcommittee ‘industry, trade, services and investment’ may use a sectoral list upon agreement of both Parties.
   4.   Should the list provided for in paragraph 1 of this Article not be established at the time a request for mediation or for the establishment of an arbitration panel is made, the arbitrators shall be drawn by lot from the individuals who have been formally proposed by one or both of the Parties. The individuals proposed for chairperson of the arbitration panel or mediator may not be nationals of either Party.
   Article 20
   Relation with WTO obligations
   1.   When a Party seeks the settlement of a dispute concerning an obligation under the WTO Agreement, it shall have recourse to the relevant rules and procedures of the WTO Agreement, which apply notwithstanding the provisions of this Agreement.
   2.   When a Party seeks the settlement of a dispute concerning an obligation falling within the scope of this Agreement as defined in Article 2, it shall have recourse to the rules and procedures of this Agreement.
   3.   Unless the Parties agree otherwise, when a Party seeks the settlement of a dispute concerning an obligation falling within the scope of this Agreement as defined in Article 2, which is equivalent in substance to an obligation under the WTO, it shall have recourse to the relevant rules and procedures of the WTO Agreement, which apply notwithstanding the provisions of this Agreement.
   4.   Once dispute settlement procedures have been initiated, the forum selected in accordance with the paragraphs above, if it has not declined its jurisdiction, shall be used to the exclusion of the other.
   5.   Nothing in this Agreement shall preclude a Party from implementing the suspension of obligations authorised by the Dispute Settlement Body of the WTO. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations under this Agreement.
   Article 21
   Time limits
   1.   All time limits laid down in this Protocol, including the limits for the arbitration panels to notify their rulings, shall be counted in calendar days from the day following the act or fact to which they refer.
   2.   Any time limit referred to in this Protocol may be extended by mutual agreement of the Parties. The Parties undertake to accord sympathetic consideration to requests for extensions of any time limit by reason of difficulties faced by any Party in complying with the procedures of this Protocol. Upon request of a Party, the arbitration panel may extend the time limits applicable in the proceedings, taking into account the different level of development of the Parties.
   Article 22
   Review and modification of the Protocol
   1.   No later than 3 years after the entry into force of this Protocol and its Annexes, the Association Council shall review their implementation, with a view to decide their continuation, modification or termination.
   2.   In this review, the Association Council may consider the possibility of creating an Appellate Body common to several Euro-Mediterranean Agreements.
   3.   The Association Council may decide to modify this Protocol and its Annexes.
   Article 23
   Entry into force
   This Protocol will be approved by the Parties in accordance with their own procedures. This Protocol shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in this Article have been completed.

      Done in Brussels on the eleventh day of November in the year two thousand and ten, in duplicate, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l’Union européenne
         Per l’Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         За Арабска република Египет
         Por la República Árabe de Egipto
         Za Egyptskou arabskou republiku
         For Den Arabiske Republik Egypten
         Für die Arabische Republik Ägypten
         Egiptuse Araabia Vabariigi nimel
         Για την Αραβική Δημοκρατία της Αιγύπτου
         For the Arab Republic of Egypt
         Pour la République arabe d'Égypte
         Per la Repubblica araba d'Egitto
         Ēģiptes Arābu Republikas vārdā –
         Egipto Arabų Respublikos vardu
         Az Egyiptomi Arab Köztársaság részéről
         Għar-Repubblika Għarbija tal-Eġittu
         Voor de Arabische Republiek Egypte
         W imieniu Arabskiej Republiki Egiptu
         Pela República Árabe do Egipto
         Pentru Republica Arabă Egipt
         Za Arabsko republiko Egipt
         Za Egyptskú arabskú republiku
         Egyptin arabitasavallan puolesta
         På Arabrepubliken Egyptens vägnar

      (1)  The provisions of this Protocol are without prejudice to Article 34 of the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.
   ANNEXES

               ANNEX I

               :

                  RULES OF PROCEDURE FOR ARBITRATION

               ANNEX II

               :

                  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS


Avis juridique important

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31977D0475

77/475/EEC: Council Decision of 25 July 1977 amending Decision 75/459/EEC on action by the European Social Fund for persons affected by employment difficulties and Decision 76/206/EEC on intervention by the European Social Fund in favour of persons occupied in the textile and clothing industries

Official Journal L 196 , 03/08/1977 P. 0013 - 0013

****( 1 ) OJ NO L 28 , 4 . 2 . 1971 , P . 15 .  ( 2 ) OJ NO C 133 , 6 . 6 . 1977 , P . 39 .  ( 3 ) OJ NO C 126 , 28 . 5 . 1977 , P . 2 .  ( 4 ) OJ NO L 199 , 30 . 7 . 1975 , P . 36 .  ( 5 ) OJ NO L 39 , 14 . 2 . 1976 , P . 39 .   II  ( ACTS WHOSE PUBLICATION IS NOT OBLIGATORY )   COUNCIL    COUNCIL DECISION   OF 25 JULY 1977   AMENDING DECISION 75/459/EEC ON ACTION BY THE EUROPEAN SOCIAL FUND FOR PERSONS AFFECTED BY EMPLOYMENT DIFFICULTIES AND DECISION 76/206/EEC ON INTERVENTION BY THE EUROPEAN SOCIAL FUND IN FAVOUR OF PERSONS OCCUPIED IN THE TEXTILE AND CLOTHING INDUSTRIES  ( 77/475/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DECISION 71/66/EEC OF 1 FEBRUARY 1971 ON THE REFORM OF THE EUROPEAN SOCIAL FUND ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 2 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),   WHEREAS COUNCIL DECISION 75/459/EEC OF 22 JULY 1975 ON ACTION BY THE EUROPEAN SOCIAL FUND FOR PERSONS AFFECTED BY EMPLOYMENT DIFFICULTIES ( 4 ) EXPIRES TWO YEARS AFTER ITS ENTRY INTO FORCE , NAMELY ON 4 AUGUST 1977 ;   WHEREAS COUNCIL DECISION 76/206/EEC OF 9 FEBRUARY 1976 ON INTERVENTION BY THE EUROPEAN SOCIAL FUND IN FAVOUR OF PERSONS OCCUPIED IN THE TEXTILE AND CLOTHING INDUSTRIES ( 5 ) EXPIRES 18 MONTHS AFTER ITS ENTRY INTO FORCE , NAMELY ON 15 AUGUST 1977 ;   WHEREAS ANY INTERRUPTION IN THE FINANCING OF OPERATIONS UNDER DECISIONS 75/459/EEC AND 76/206/EEC SHOULD BE AVOIDED , WITHOUT PREJUDICE TO THE APPLICATION OF ARTICLE 11 OF DECISION 71/66/EEC ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE SECOND PARAGRAPH OF ARTICLE 5 OF DECISION 75/459/EEC AND THE SECOND PARAGRAPH OF ARTICLE 3 OF DECISION 76/206/EEC SHALL BE REPLACED BY THE FOLLOWING :   ' IT SHALL APPLY TO OPERATIONS OF WHICH THE DRAFT HAS RECEIVED THE APPROVAL OF THE COMMISSION BEFORE 31 DECEMBER 1977 . '   ARTICLE 2   THIS DECISION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 25 JULY 1977 .   FOR THE COUNCIL   THE PRESIDENT   H . SIMONET


title: 2012/133/EU: Decision of the European Central Bank of 27 February 2012 repealing Decision ECB/2010/3 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Greek Government (ECB/2012/2)

text:
               1.3.2012

               EN

               Official Journal of the European Union

               L 59/36

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 27 February 2012
   repealing Decision ECB/2010/3 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Greek Government
   (ECB/2012/2)
   (2012/133/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 12.1 and the second indent of Article 34.1, in conjunction with the first indent of Article 3.1 and Article 18.2 thereof,
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the ESCB, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The criteria determining the eligibility of collateral for the purposes of Eurosystem monetary policy operations are laid down in Annex I to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1) (hereinafter referred to as the ‘General Documentation’).

               (2)

               Pursuant to Section 1.6 of the General Documentation, the Governing Council of the ECB may, at any time, change the instruments, conditions, criteria and procedures for the execution of Eurosystem monetary policy operations. Pursuant to Section 6.3.1 of the General Documentation, the Eurosystem reserves the right to determine whether an issue, issuer, debtor or guarantor fulfils its requirements for high credit standards on the basis of any information it may consider relevant.

               (3)

               Decision ECB/2010/3 of 6 May 2010 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Greek Government (2) temporarily suspended, as an exceptional measure, the Eurosystem’s minimum requirements for credit quality thresholds applicable to marketable debt instruments issued by the Greek Government or issued by entities established in Greece and fully guaranteed by the Greek Government.

               (4)

               The Hellenic Republic has decided to launch a debt exchange offer in the context of private sector involvement to holders of marketable debt instruments issued by the Greek Government.

               (5)

               The adequacy as collateral for Eurosystem operations of the marketable debt instruments issued by the Greek Government, or issued by entities established in Greece and fully guaranteed by the Greek Government, has been further negatively affected by such decision of the Hellenic Republic.

               (6)

               Decision ECB/2010/3 should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Repeal of Decision ECB/2010/3
   Decision ECB/2010/3 is repealed.
   Article 2
   Entry into force
   This Decision shall enter into force on 28 February 2012.

      Done at Frankfurt am Main, 27 February 2012.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  OJ L 117, 11.5.2010, p. 102.


title: 2012/24/EU: Commission Decision of 11 January 2012 terminating the anti-dumping proceeding concerning imports of vinyl acetate originating in the United States of America and releasing the amounts secured by way of the provisional duties imposed

text:
               12.1.2012

               EN

               Official Journal of the European Union

               L 8/36

         COMMISSION DECISION
   of 11 January 2012
   terminating the anti-dumping proceeding concerning imports of vinyl acetate originating in the United States of America and releasing the amounts secured by way of the provisional duties imposed
   (2012/24/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Initiation of the proceeding and imposition of provisional measures

               (1)

               On 22 October 2010, the Commission received a complaint pursuant to Article 5 of the Basic Regulation, concerning alleged injurious dumping by imports of vinyl acetate (hereinafter ‘the product concerned’) origination in the United States of America (USA).

               (2)

               The complaint was lodged by Ineos Oxide Ltd (the complainant) representing a major proportion, in this case more than 25 % of the total Union industry production of the product concerned.

               (3)

               On 4 December 2010, the Commission announced, by a notice published in the Official Journal of the European Union
                   (2), the initiation of an anti-dumping proceeding with regard to imports into the Union of vinyl acetate originating in the USA.

               (4)

               The Commission, by Regulation (EU) No 821/2011 (3) (the provisional Regulation), imposed a provisional anti-dumping duty on imports of vinyl acetate currently falling within CN code 2915 32 00 and originating in the USA.

         B.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEDING

               (5)

               By a letter of 4 November 2011 to the Commission, the complainant formally withdrew its complaint.

               (6)

               In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

               (7)

               The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Union interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Union interest.

               (8)

               Following disclosure, one party argued that it should not have been excluded from the definition of the Union industry or that, alternatively, the provisional Regulation should be amended so as to include the party in that definition. In this respect, it should be pointed out that the findings of the provisional Regulation, on the basis of information obtained in the course of the investigation, were only provisional, as stated in recital 31 of the provisional Regulation itself. As the anti-dumping proceedings are terminated without the imposition of definitive measures, following the withdrawal of the complaint, it is not appropriate, in a terminating decision, neither to provide definitive determinations nor to amend a provisional Regulation.

               (9)

               It is recalled that the findings at hand were provisional in nature. It follows that any future case relating to the product or the parties concerned by this proceeding will be assessed on its own merits.

               (10)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of the product concerned originating in the USA should be terminated without the imposition of anti-dumping measures.

               (11)

               Any duties provisionally secured on the basis of Regulation (EU) No 821/2011 should be released,

         HAS ADOPTED THIS DECISION:
   Article 1
   The anti-dumping proceeding concerning imports of vinyl acetate, currently falling within CN code 2915 32 00 and originating in the United States of America, is hereby terminated without the imposition of anti-dumping measures.
   Article 2
   Regulation (EU) No 821/2011 is hereby repealed.
   Article 3
   The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EU) No 821/2011 on imports of vinyl acetate currently falling within CN code 2915 32 00 and originating in the United States of America shall be released.
   Article 4
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 11 January 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ C 327, 4.12.2010, p. 23.

      (3)  OJ L 209, 17.8.2011, p. 24.


               23.12.2016

               EN

               Official Journal of the European Union

               C 482/155

         P7_TA(2014)0001
   Request for the defence of the parliamentary immunity of Lara Comi
   European Parliament decision of 14 January 2014 on the request for defence of the immunity and privileges of Lara Comi (2013/2190(IMM))
   (2016/C 482/25)

      The European Parliament,

               —

               having regard to the request by Lara Comi of 30 July 2013 for defence of her immunity in connection with the criminal proceedings pending before the Court of Ferrara, announced in plenary sitting on 9 September 2013,

               —

               having heard Lara Comi on 5 November 2013 pursuant to Rule 7(3) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011 (1),

               —

               having regard to Rules 6(3) and 7 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A7-0469/2013),

               A.

               whereas Lara Comi, MEP, has requested the defence of her parliamentary immunity in relation to an action brought by the Public Prosecutions Department in Ferrara in response to a complaint alleging aggravated slander as referred to in Article 595(2) and (3) of the Italian Criminal Code and Article 30 of Law No 223 of 6 August 1990 on the basis of statements which she is alleged to have made during a political debate broadcast on television;

               B.

               whereas Article 8 of the Protocol on the Privileges and Immunities of the European Union, which Lara Comi expressly invokes in her request for defence, stipulates that Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

               C.

               whereas Rule 6 of its Rules of Procedure stipulates that, in the exercise of its powers in respect of privileges and immunities, Parliament shall seek primarily to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties;

               D.

               whereas Parliament has wide powers of discretion regarding the line of action which it chooses to adopt in response to a request for defence of the parliamentary immunity of one of its Members (2);

               E.

               whereas the Court of Justice has recognised that a statement made by a Member beyond the precincts of the European Parliament may constitute an opinion expressed in the performance of their duties as referred to in Article 8 of the Protocol, taking the view that it is not the place where a statement is made that matters, but the nature and content of the statement (3);

               F.

               whereas Lara Comi was invited to the television broadcast at issue in her capacity as a Member of the European Parliament and not as a national representative of a party, which was incidentally already represented by another guest, in accordance with the national provisions intended to ensure balanced attendance by political spokespersons in televised debates held during election campaigns, as in the case at issue;

               G.

               whereas in modern democracies political debate takes place not only in Parliament but also through communications media ranging from press statements to the Internet;

               H.

               whereas in the television broadcast in question Lara Comi spoke as a Member of the European Parliament to discuss political issues, including public procurement and organised crime, in which she had always taken an interest at European level;

               I.

               whereas the next day Ms Comi sent her apologies to the complainant, which were subsequently repeated in another national television broadcast;

               1.

               Decides to defend the immunity and privileges of Lara Comi;

               2.

               Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Italian Republic and to Lara Comi.

      (1)  Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565).

      (2)  Case T-42/06 Gollnisch v Parliament, paragraph 101.

      (3)  Patriciello, judgment cited, paragraph 30.


title: 2011/620/EU: Council Decision of 12 July 2011 on the signing, on behalf of the Union, of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs

text:
               21.9.2011

               EN

               Official Journal of the European Union

               L 243/1

         COUNCIL DECISION
   of 12 July 2011
   on the signing, on behalf of the Union, of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs
   (2011/620/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(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Union, an Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs (the ‘Agreement’).

               (2)

               The Agreement will enable the reciprocal protection of the geographical indications of the respective Parties and will contribute to the approximation of legislation among the EU neighbouring countries.

               (3)

               The Agreement should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  The text of the Agreement will be published together with the decision on its conclusion.