title: 2012/774/: Council Decision of 6 December 2012 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council set up by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, with regard to the adoption of provisions on the coordination of social security systems

text:
               13.12.2012

               EN

               Official Journal of the European Union

               L 340/7

         COUNCIL DECISION
   of 6 December 2012
   on the position to be taken on behalf of the European Union within the Stabilisation and Association Council set up by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2012/774/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 51 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (1) (the ‘Agreement’), provides that the Stabilisation and Association Council is to put in place, by decision, the provisions to implement the principles set out in that Article.

               (2)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (3)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (4)

               It is appropriate to establish the position to be taken on the Union’s behalf in the Stabilisation and Association Council, with regard to the adoption of provisions on the coordination of social security systems.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the Stabilisation and Association Council set up by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (the ‘Agreement’), with regard to the adoption of provisions on the coordination of social security systems, shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
   Minor changes to that draft decision may be agreed to by the representatives of the Union in the Stabilisation and Association Council without the need to adopt a further Council decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 December 2012.

            For the Council

            The President

         S. CHARALAMBOUS

      (1)  OJ L 108, 29.4.2010, p. 3.

      DRAFT
      DECISION No …/… OF THE EU—MONTENEGRO STABILISATION AND ASSOCIATION COUNCIL
      of …
      with regard to the adoption of provisions on the coordination of social security systems
      THE STABILISATION AND ASSOCIATION COUNCIL,
      Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (1), and in particular Article 51 thereof,
      Whereas:

                  (1)

                  Article 51 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (the ‘Agreement’), provides for the coordination of the social security systems of Montenegro and the Member States and lays down the principles for such coordination.

                  (2)

                  Article 51 of the Agreement provides that the Stabilisation and Association Council is to adopt a Decision for the purposes of implementing the principles set out in that Article.

                  (3)

                  With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other Contracting Party, where such facts or events are not taken into account under the legislation of the first Contracting Party, other than the right to export certain benefits.

                  (4)

                  In applying this Decision, the right of Montenegrin workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. Where their family members legally reside in another Member State, Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (2) applies. This Decision should not give any entitlement to family benefits with respect to the family members of a worker who reside in a country other than a Member State, for instance Montenegro.

                  (5)

                  Regulation (EU) No 1231/2010 already extends the provisions of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) and of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4) to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EU) No 1231/2010 already covers the principle of aggregation of insurance periods acquired by Montenegrin workers in the various Member States regarding entitlement to certain benefits, as set out in Article 51(1)(a) of the Agreement.

                  (6)

                  It may be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Montenegro, in order to facilitate the application of the coordination rules.

                  (7)

                  In order to ensure the smooth functioning of the coordination of the social security systems of the Member States and of Montenegro, it is necessary to provide for specific provisions regarding cooperation between the Member States and Montenegro, as well as between the person concerned and the institution of the competent State.

                  (8)

                  Transitional provisions should be adopted in order to protect the persons covered by this Decision and to ensure that they do not lose any rights as a result of its entry into force,

            HAS ADOPTED THIS DECISION:
      PART I

         GENERAL PROVISIONS

      Article 1
      Definitions
      1.   For the purposes of this Decision:

                  (a)

                  ‘Agreement’ means the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part;

                  (b)

                  ‘Regulation’ means Regulation (EC) No 883/2004, as applicable in the Member States of the European Union;

                  (c)

                  ‘implementing Regulation’ means Regulation (EC) No 987/2009;

                  (d)

                  ‘Member State’ means a Member State of the European Union;

                  (e)

                  ‘worker’ means:

                              (i)

                              for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                              (ii)

                              for the purposes of the legislation of Montenegro, a person pursuing an activity as an employed person within the meaning of that legislation;

                  (f)

                  ‘member of the family’ means:

                              (i)

                              for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                              (ii)

                              for the purposes of the legislation of Montenegro, a member of the family within the meaning of that legislation;

                  (g)

                  ‘legislation’ means:

                              (i)

                              in relation to the Member States, legislation, within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision;

                              (ii)

                              in relation to Montenegro, the legislation, as applicable in Montenegro, relating to the benefits covered by this Decision;

                  (h)

                  ‘benefits’ means:

                              —

                              old-age pensions,

                              —

                              survivors’ pensions,

                              —

                              pensions in respect of accidents at work and occupational diseases,

                              —

                              invalidity pensions related to accidents at work and occupational diseases,

                              —

                              family allowances;

                  (i)

                  ‘exportable benefits’ means:

                              (i)

                              in relation to the Member States:

                                          —

                                          old-age pensions,

                                          —

                                          survivors’ pensions,

                                          —

                                          pensions in respect of accidents at work and occupational diseases,

                                          —

                                          invalidity pensions relating to accidents at work and occupational diseases,

                                    within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                              (ii)

                              in relation to Montenegro, the corresponding benefits as provided for under the legislation of Montenegro, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

            2.   Other terms used in this Decision shall have the meaning which is assigned to them:

                  (a)

                  in relation to the Member States, in the Regulation and the implementing Regulation;

                  (b)

                  in relation to Montenegro, in the relevant legislation as applicable in Montenegro.

            Article 2
      Persons covered
      This Decision shall apply to:

                  (a)

                  workers who are Montenegrin nationals and who, are or have been, legally employed in the territory of a Member State and who are, or have been, subject to the legislation of one or more Member States, and their survivors;

                  (b)

                  the members of the family of workers referred to in point (a) provided that those family members are, or have been, legally resident with the worker concerned while the worker is employed in a Member State;

                  (c)

                  workers who are nationals of a Member State who are, or have been, legally employed in the territory of Montenegro and who are, or have been, subject to the legislation of Montenegro, and their survivors; and

                  (d)

                  the members of the family of workers referred to in point (c) provided that those family members are, or have been, legally resident with the worker concerned while the worker is employed in Montenegro.

            Article 3
      Equality of Treatment
      1.   Workers who are Montenegrin nationals and are legally employed in a Member State and any members of their family legally residing with them shall enjoy, with regard to benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
      2.   Workers who are nationals of a Member State and are legally employed in Montenegro and any members of their family legally residing with them shall enjoy, with regard to benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Montenegrin nationals.
      PART II

         RELATIONS BETWEEN THE MEMBER STATES AND MONTENEGRO

      Article 4
      Waiving of residence clauses
      1.   Exportable benefits, within the meaning of Article 1(1)(i), to which the persons referred to in Article 2(a) and (c) are entitled, shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason on the grounds that the beneficiary resides:

                  (i)

                  for the purpose of benefits under the legislation of a Member State, within the territory of Montenegro, or

                  (ii)

                  for the purpose of benefits under the legislation of Montenegro, within the territory of a Member State.

            2.   The members of the family of a worker referred to in Article 2(b) shall be entitled to exportable benefits, within the meaning of Article 1(1)(i)(i), in the same way as the family members of a worker who is a national of the Member State concerned when those family members reside within the territory of Montenegro.
      3.   The members of the family of a worker referred to in Article 2(d) shall be entitled to exportable benefits, within the meaning of Article 1(1)(i)(ii), in the same way as the family members of a worker who is a national of Montenegro when those family members reside within the territory of a Member State.
      PART III

         MISCELLANEOUS PROVISIONS

      Article 5
      Cooperation
      1.   The Member States and Montenegro shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
      2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Montenegro shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by those authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Montenegro may agree to certain expenses being reimbursed.
      3.   The authorities and institutions of the Member States and of Montenegro may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
      4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
      5.   The persons covered by this Decision shall inform the institutions of the competent Member State or of Montenegro, where the latter is the competent State, and of the Member State of residence or of Montenegro, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
      6.   Failure to respect the obligation of information set out in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, those measures shall be equivalent to those applicable to similar situations under national law and they shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
      7.   The Member States and Montenegro may provide for national provisions that establish conditions for the verification of entitlement to benefits in order to take into account the fact that the beneficiaries stay or reside outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and shall be in accordance with the principles set out in this Decision. Such provisions shall be notified to the Stabilisation and Association Council.
      Article 6
      Administrative checks and medical examinations
      1.   This Article shall apply to the persons referred to in Article 2, in receipt of exportable benefits, within the meaning of Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
      2.   Where a recipient or a claimant of benefits, or a member of that person’s family, stays or resides within the territory of a Member State when the debtor institution is located in Montenegro, or stays or resides in Montenegro when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of the debtor institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
      The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
      The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefits stays or resides or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only where he or she is able to make the journey without prejudice to his or her health and where the cost of travel and accommodation is paid for by the debtor institution.
      3.   Where a recipient or a claimant of benefits, or a member of that person’s family, stays or resides in the territory of a Member State when the debtor institution is located in Montenegro, or stays or resides in Montenegro when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
      The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only where he or she is able to make the journey without prejudice to his or her health and where the cost of travel and accommodation is paid for by the debtor institution.
      4.   One or more Member States and Montenegro may agree on other administrative provisions, subject to their informing the Stabilisation and Association Council thereof.
      5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
      Article 7
      Application of Article 129 of the Agreement
      Article 129 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations laid down in Articles 5 and 6.
      Article 8
      Special provisions for the application of the legislation of Montenegro
      The Stabilisation and Association Council may, if necessary, lay down special provisions for the application of the legislation of Montenegro in Annex II to this Decision.
      Article 9
      Administrative procedures contained in existing bilateral agreements
      Administrative procedures contained in existing bilateral agreements between a Member State and Montenegro may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned, as set out in this Decision.
      Article 10
      Agreements supplementing the administrative procedures for implementing this Decision
      One or more Member States and Montenegro may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.
      PART IV

         TRANSITIONAL AND FINAL PROVISIONS

      Article 11
      Transitional provisions
      1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
      2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
      3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
      4.   If a request, as referred to in paragraph 3, is submitted within two years of the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from that date, and the legislation of any Member State or Montenegro concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
      5.   If a request, as referred to in paragraph 3, is submitted after the expiry of the two-year period referred to in paragraph 4, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or of Montenegro.
      Article 12
      Annexes to this Decision
      1.   The Annexes to this Decision constitute an integral part thereof.
      2.   At the request of Montenegro or of the European Union, the Annexes may be amended by a decision of the Stabilisation and Association Council.
      Article 13
      Entry into force
      This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

         Done at …, …

               For the Stabilisation and Association Council

               The President

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

         (2)  OJ L 344, 29.12.2010, p. 1.

         (3)  OJ L 166, 30.4.2004, p. 1.

         (4)  OJ L 284, 30.10.2009, p. 1.

         ANNEX I

            LIST OF MONTENEGRIN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

         ANNEX II

            SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF MONTENEGRO


title: Council Decision of 30 January 1975 on maintaining the arrangements provided for in Articles 109 to 114 and in Article 119 of the Act of Accession

text:
No L 26/ 8                     Official Journal of the European Communities                           31 . 1.75
                                                       II
                                  (Acts whose publication is not obligatory)
                                               COUNCIL
                                            COUNCIL DECISION
                                              of 30 January 1975
           on maintaining the arrangements provided for in Articles 109 to 114 and in Article 119
                                            of the Act of Accession
                                                  (75/88 /EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community ;
           Having regard to the Act of Accession, and in particular Articles 115 (3 ) and 119 (3 )
           thereof;
           Having regard to the Opinion of the Commission;
           Whereas the Association Council, set up under the Convention of Association between
           the European Economic Community and the African States and Madagascar associated
           with that Community, and the Association Council set up under the Agreement
           establishing an association between the European Economic Community and the
           United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya have
           implemented the transitional provisions laid down in Article 62 of that Convention and
           in Article 36 of that Agreement,
           HAS DECIDED AS FOLLOWS :
                                                  Sole Article
           The arrangements provided for in Articles 109 to 114 and in Article 119 of the Act
           of Accession shall be maintained until the entry into force of the new provisions relating
           to the same fields, or until 31 July 1975 , whichever is the earlier.
           Done at Brussels, 30 January 1975.
                                                                          For the Council
                                                                            The President
                                                                          G. FITZGERALD


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32003D0834

2003/834/EC: Council Decision of 17 November 2003 creating a team to prepare for the establishment of the agency in the field of defence capabilities development, research, acquisition and armaments

Official Journal L 318 , 03/12/2003 P. 0019 - 0021

Council Decisionof 17 November 2003creating a team to prepare for the establishment of the agency in the field of defence capabilities development, research, acquisition and armaments(2003/834/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community, in particular Article 207(2), thereof,Whereas:(1) On 19 and 20 June 2003, the European Council of Thessaloniki "tasked the appropriate bodies of the Council to undertake the necessary actions towards creating, in the course of 2004, an intergovernmental agency in the field of defence capabilities development, research, acquisition and armaments", to be set up under the Council's authority and open to participation by all Member States.(2) The draft treaty establishing a Constitution for Europe elaborated by the European Convention, as presented during the European Council at Thessaloniki, provides for the establishment of a European Armaments, Research and Military Capabilities Agency to identify operational requirements, to promote measures to satisfy those requirements, to contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, to participate in defining a European capabilities and armaments policy, and to assist the Council in evaluating the improvement of military capabilities.(3) By Decision 2003/664/EC(1) the Committee of Permanent Representatives set up an ad hoc preparation group to carry out work towards the creation of the agency.(4) A preparatory team of experts should be set up in order to carry out further preparatory work for the establishment of the agency, in accordance with the Council conclusions of 17 and 18 November 2003 and the report annexed thereto; this team will support the Council and its competent bodies in their work towards the establishment of the Agency,HAS DECIDED AS FOLLOWS:Article 1An Agency Establishment Team (AET) to prepare the conditions for the operational setting-up and working of the agency in the field of defence capabilities development, research, acquisition, and armaments is hereby created. The mandate, including the mission and the composition of the AET, is set out in the Annex to this decision.Article 2The AET will be part of the General Secretariat of the Council. It will be set up by the Secretary-General/High Representative (SG/HR) and will work under his authority.Article 3National experts for the AET will be seconded from Member States and Acceding States to the Council Secretariat. The selection procedure and criteria are set out in the Annex.Article 41. Member States and the Acceding States will cover the salaries and the entitlements of their national experts seconded to the Council and participating in the AET.2. Seconded EU officials will remain paid by their Institution.3. The running and administrative costs of the AET will be covered by the General Secretariat of the Council as a contribution in kind.Article 5The national experts seconded from Member States and the Acceding States shall be covered by Council Decision 2003/479/EC of 16 June 2003 concerning rules applicable to national experts and military staff on secondment to the General Secretariat of the Council(2), without prejudice to the financial arrangements provided under Article 4 of this Decision.Article 6The mandate of the AET will end once the Agency starts functioning, or on 31 December 2004, whichever is the earliest.Article 7This Decision shall take effect on the day of its adoption. It shall be published in the Official Journal of the European Union.Done at Brussels, 17 November 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 235, 23.9.2003, p. 22.(2) OJ L 160, 28.6.2003, p. 72.ANNEXTHE AGENCY ESTABLISHMENT TEAM MANDATE1. The Agency Establishment Team (AET) will prepare the conditions for the operational setting up and working of the future Agency, on the basis of the report attached to the Council Conclusions. The AET will support the Council and its competent bodies in their work towards the establishment of the Agency. The AET will take forward work on:- the financial, legal and administrative aspects (including budget and staff) of the setting up of the Agency and its internal organisation,- the establishment of the Agency, in particular regarding its missions in the field of defence capabilities development, research, acquisition and armaments.2. The Team will start functioning in January 2004. The AET exercises its mission under the political supervision of the Council, from which it receives guidance. Within this framework, the Head of the Team regularly reports to the Coreper and the PSC, through the ad hoc preparation group, on progress in the Team's work. The AET draws on the expertise of the EU Military Committee through the PSC and, in a way to be defined, the EU National Armament Directors.3. The team will submit proposals by the end of April 2004 to the Council through the ad hoc preparation group, with a view to the adoption of the necessary decisions by the Council by June 2004. These will include the administrative and logistical aspects of the future Agency, its financial framework and a draft outline of its first operational programme. The AET will have accomplished its mandate once the Agency starts functioning, or on 31 December 2004, whichever is the earliest.4. The Team is not a Council preparatory body.MISSION OF THE AET5. The AET is to prepare, by the end of April 2004, on the basis of the report annexed to the Council Conclusions of 17 and 18 November 2003:(a) a comprehensive plan for the establishment of the Agency, covering:- the Agency's structure and organisation,- the internal working methods and procedures to be adopted by the Agency to discharge its functions and tasks,- proposals for its working relations with Council bodies and the Commission,- proposals for appropriate relationships, and plans for their development, with OCCAR, WEAG/WEAO, L.o.I,- budgetary, administrative and staffing arrangements (including draft TORs of key bodies and appointments, as necessary),- a draft outline for a first operational programme in the following fields: defence capabilities development; armaments cooperation; strengthening of defence industrial and technological base; creation of a competitive European defence equipment market and promotion of research,- a detailed timetable and roadmap for implementation.(b) elements for a draft Joint Action establishing the Agency.HEAD AND COMPOSITION OF THE AETThe composition of the Team should reflect the four fields of activity of the Agency as mentioned in the Thessaloniki European Council Conclusions.The Team will be headed by a Team leader appointed by the SG/HR after consultations with the Council and the Commission from candidates proposed by Member States, acceding States and the EU institutions. These candidates should have sound experience and expertise in the field of defence capabilities development, research, acquisition and armaments, as well as a good knowledge of the functioning of the EU, in particular the CFSP and ESDP.The Team will be composed of:- national experts seconded by Member States and acceding States to the Council Secretariat according to specific requirements of the mission,- officials of the European institutions.The Commission will second one or more officials to the Team.The members of the team will be chosen by the SG/HR in consultation with the Team leader, on the broadest possible geographical basis and will act in an international capacity.In all cases, recruitment will be directed to securing for the Team the services of staff of the highest standard of ability and efficiency.


Avis juridique important

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31996D0569

96/569/EC: Council Decision of 24 September 1996 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period from 3 May 1996 to 2 May 1999 the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola

Official Journal L 250 , 02/10/1996 P. 0014 - 0015

COUNCIL DECISION of 24 September 1996 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period from 3 May 1996 to 2 May 1999 the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola (96/569/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola (1),Having regard to the proposal from the Commission,Whereas the Community and the Republic of Angola have held negotiations with a view to determining amendments to be made to the abovementioned Agreement at the end of the period of application of the Protocol in force which is annexed to the said Agreement;Whereas, as a result of these negotiations, a new Protocol was initialled on 2 May 1996;Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Angola for the period from 3 May 1996 to 2 May 1999;Whereas, in order to avoid interruption of fishing activities by Community vessels, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the said Protocol from the day following the date of expiry of the Protocol previously in force; whereas that Agreement should be approved subject to a definitive decision pursuant to Article 43 of the Treaty;Whereas the allocation of fishing possibilities among the Member States should be determined on the basis of the traditional allocation of fishing possibilities under the fisheries agreement,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period from 3 May 1996 to 2 May 1999, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2 The fishing possibilities provided for in the Protocol are allocated among the Member States as follows:- Shrimp vessels: 6 550 grt, per month, as an annual average, 22 vessels Spain,- Demersal tawlers: 2 000 grt, per month, as an annual average, Spain,- Bottom longliners: 1 750 grt, per month, as an annual average, Portugal,- Freezer tuna seiners: nine vessels, France,- Surface longliners: two vessels Portugal, 10 vessels Spain.If licence applications from these Member States do not exhaust the fishing possibilities provided for in the Protocol the Commission may entertain licence applications from any other Member State.Article 3 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 24 September 1996.For the CouncilThe PresidentE. FITZGERALD(1) OJ No L 341, 3. 12. 1987, p. 1.


title: 63/326/EEC: Commission Decision of 17 May 1963 setting up a Joint Advisory Committee on Social Questions affecting Paid Agricultural Workers

text:
                                      Official Journal of the European Communities                                   29
 1534/63                       OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                     29.5.63
                                                COMMISSION DECISION
                                                      of 17 May 1963
               setting up a Joint Advisory Committee on Social Questions affecting Paid Agricultural
                                                          Workers
                                                       (63/326/EEC)
 THE COMMISSION OF THE EUROPEAN ECONOMIC                          of equal numbers of representatives of agricultural
 COMMUNITY,                                                      employers and paid agricultural workers', and to
                                                                  'discuss the work to be done by such Committee with
Whereas under point V of its final resolution, the                the representative bodies concerned';'
Agricultural Conference of Member States which met
at Stresa from 3 July to 12 July 1958 noted with                 Whereas the outcome of such discussion was that the
satisfaction 'the intention ■ expressed by the                   Joint Committee should enable the Commission to
Commission       to   maintain    close   and   continuous       obtain the views of the representative bodies of
co-operation with representative bodies in the                    agricultural employers and paid agricultural workers
agricultural industry, in particular for the                     on social questions of concern to them on the two
implementation of the tasks provided for in this                 sides of industry;
resolution';
                                                                 Whereas the various representative bodies in the
Whereas under point 22 of its resolution on the social           agricultural industry have formed organisations at
conditions of paid agricultural workers, adopted on              Community level ;
8 March 1961 , the European Parliament requested
that an Advisory Committee on Social Questions                   HAS DECIDED AS FOLLOWS :
arising in Agriculture be set up and organised on a
joint basis ;                                                                             Article 1
Whereas in its Opinion of 6 May 1960, under point                1.     There shall be attached to the Commission a
9 concerning       paid     agricultural   workers,    the       Joint Advisory Committee on Social Questions
Economic      and    Social   Committee      mentioned   a       affecting Paid Agricultural Workers, hereinafter
number of social questions which make consultation               called 'the Committee'.
with representatives of paid agricultural workers and
agricultural employers essential;                                2.     Paid   agricultural   workers and  agricultural
                                                                 employers shall be represented on the Committee.
Whereas it is necessary that the Commission obtain
the views of representative bodies in the agricultural
industry on social questions arising in agriculture and                                   Article 2
that the two sides directly concerned therewith
should be able to participate in formulating the views           The Committee may be consulted by the Commission
requested by the Commission ;                                    on all social questions of concern to the two sides,
                                                                 employers and employees, of the agricultural
Whereas the Advisory Conference on Social Aspects                industry.
of the Common Agricultural Policy, organised by the
Commission       in   Rome     from    28   September   to       The Chairman and Vice-Chairman of the Committee
4 October 1961 , adopted the conclusions proposed               'acting jointly may draw the attention of the
by its Working Parties and in particular those of                Commission to the desirability of consulting the
Working Party II requesting the Commission to refer              Committee on any matter within the latter's
'social questions arising in agriculture to an Advisory          competence on which its opinion has not been
Committee organised on a European level consisting               sought.
 ---pagebreak--- 30                                Official Journal of the European Communities
                      Article 3                                                      Article 7
1.    The Committee shall consist of thirty-four             Every year the Committee shall, by a two-thirds'
members .                                                    majority of members present, elect a Chairman and a
                                                             Vice-Chairman from among its members. The
2.    Seats on the Committee shall be apportioned as         Chairman and Vice-Chairman may not both come
follows :                                                    from the same side of the industry; they shall be
— to paid agricultural workers, 17;                          chosen alternately from the two sides represented.
— to agricultural employers, 17.                             The Commission shall provide secretarial services for
                                                             the Committee.
                       Article 4
                                                                                Article 8
1.    Members of the Committee shall be appointed
by the Commission, on proposals from the following           An Opinion delivered by the Committee shall not be
representative bodies set up at Community level :            valid unless two-thirds of the members are present.
Committee of Agricultural Organisations in the
European Economic Community (COPA), Working
Party of the European Federations of Agricultural            The Committee shall discuss only matters on which
Workers of the European TU Secretariat of the                the Commission has requested an Opinion. Where
International Confederation of Free Trade Unions             the Opinion sought is unanimously agreed by the
(ICFTU), Working Party on 'Agriculture and Food'             Committee, the latter shall formulate joint
of the International Federation of Christian Trade           conclusions and attach them to the report of its
Unions (IFCTU).                                              proceedings forwarded to the Commission.
2.    The term of office for a Committee member               Otherwise, the opinions expressed by both sides
shall be three years. His appointment may be                 represented shall be included in that report.
renewed.     The    duties    performed     shall   be
unremunerated .
                                                                                Article 9
3 . The list of members shall be published for
information by the Commission in the Official                Without prejudice to the provisions of Article 214 of
Journal of the European Communities.                         the Treaty, persons present at the meetings of the
                                                              Committee shall not disclose information which has
                                                             come to their knowledge through the work of the
                       Article 5                              Committee, where the Commission informs the
                                                             Committee that the Opinion requested is on a matter
At the request of one of the organisations                    of a confidential nature .
represented, the Chairman may invite a representative
of the central body of one of the representative bodies       In such cases, only members of the Committee and
in the agricultural industry to attend meetings. He          representatives of the departments of the Commission
may also invite any person with special qualifications        shall be present at the meetings .
in a subject on the agenda to attend in an expert
capacity.
                                                                                Article 10
Experts shall be present only at the discussion of
those questions on account of which they were                 After hearing the Committee, this Decision may be
invited.
                                                              amended by the Commission in the light of
                                                              experience.
                       Article 6
1.    The Committee shall meet when convened by               Done at Brussels, 17 May 1963 .
 the Commission.
                                                                                For the Commission
 2.   Representatives of the Commission department^                                               The President
 concerned shall take part in the Committee's
 meetings.                                                                                Walter HALLSTEIN


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31999D0433

1999/433/EC: Decision of the European Parliament of 4 May 1999 giving discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1997 financial year

Official Journal L 168 , 03/07/1999 P. 0032 - 0033

DECISION OF THE EUROPEAN PARLIAMENTof 4 May 1999giving discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1997 financial year(1999/433/EC)THE EUROPEAN PARLIAMENT,- Having regard to the EC Treaty and in particular Article 276 thereof,- Having regard to the report of the Court of Auditors on the financial statements and management of the European Centre for the Development of Vocational Training (Cedefop-Salonica) for the 1997 financial year and the Centre's reply thereto (C4-0053/99)(1),- Having regard to the Council Recommendation of 11 February 1999 (5912/99-C4-0148/99),- Having regard to the report of the Committee on Budgetary Control (A4-0163/99),A. Whereas the Court of Auditors finds that the financial statements for the financial year ended 31 December 1997 are reliable and the underlying transactions are, as a whole, legal and regular;1. Notes the following figures for the accounts of the European Centre for the Development of Vocational Training:1997 FINANCIAL YEAR>TABLE>2. Welcomes the introduction of a new budgetary and accounting system, steps taken to reduce reliance on imprest accounts, the adoption of a new staff policy and the submission of bi-annual progress reports to Parliament on the state of new premises which the Centre will occupy in 1999;3. Gives discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1997 financial year;4. Instructs its President to forward this decision to the Management Board of the European Centre for the Development of Vocational Training, the Council, the Commisson and the Court of Auditors and to have it published in the Official Journal (L series).The Secretary-GeneralJulian PRIESTLEYThe PresidentJosé María GIL-ROBLES(1) OJ C 406, 28.12.1998, p. 1.


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31975Y0705(03)

Decision No 100 of 23 January 1975 concerning the refund of cash benefits provided by the institution of the place of stay or of residence on behalf of the competent institution and the details of refunding these benefits

Official Journal C 150 , 05/07/1975 P. 0003 - 0003 Spanish special edition: Chapter 05 Volume 2 P. 0058  Portuguese special edition Chapter 05 Volume 2 P. 0058

DECISION No 100 of 23 January 1975 concerning the refund of cash benefits provided by the institution of the place of stay or of residence on behalf of the competent institution and the details of refunding these benefits > THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS, Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71, under which it is made responsible for dealing with all administrative questions arising from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72;  Having regard to Articles 19 (1) (b), last sentence ; 22 (1) (ii), last sentence ; 25 (1) (b), second-last sentence ; 52 (b), last sentence ; 55 (1) (ii), last sentence ; 70 (1), second subparagraph ; 71 (1) (b) (ii), second-last sentence and 75 (2) (c) of Regulation (EEC) No 1408/71 ; Article 102 (3) and (5) of Regulation (EEC) No 574/72 and Article 107 of Regulation (EEC) No 574/72 as last amended by Regulation (EEC) No 2639/74;  Whereas Decision No 17 of 18 February 1960, published in the Official Journal of the European Communities of 3 May 1960, has become invalid on the entry into force of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72;  Whereas, taking into account the provisions of the said Regulations, there are grounds for adopting a new decision concerning the refund of cash benefits provided by the institution of the place of stay or of residence on behalf of the competent institution;  Whereas it is important that the institutions of the place of stay or of residence are fully reimbursed irrespective of the rate of exchange applicable at the time of payment,  HAS DECIDED AS FOLLOWS: " 1. The institution of the place of stay or of residence shall be reimbursed in full by the competent institution for amounts awarded to persons concerned on behalf of the competent institution, in the currency of the country of stay or of residence, in accordance with Articles 19 (1) (b), last sentence ; 22 (1) (ii), last sentence ; 25 (1) (b), second-last sentence ; 52 (b) last sentence 55 (1) (ii), last sentence ; 70 (1), second subparagraph ; 71 (1) (b) (ii), second-last sentence and 75 (2) (c) of Regulation (EEC) No 1408/71.  2. This Decision shall be published in the Official Journal of the European Communities. It shall enter into force from 1 January 1975. " The Chairman of the Administrative Commission  F. HYNES


title: 90/649/EEC: Council Decision of 24 September 1990 concerning the conclusion of a supplementary protocol to the cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia on trade in textile products

text:
  No L 352 / 120                             Official Journal of the European Communities                                    15 . 12 . 90
                                                         COUNCIL DECISION
                                                          of 24 September 1990
                    concerning the conclusion of a supplementary Protocol to the Cooperation Agreement between
                    the European Economic Community and the Socialist Federal Republic of Yugoslavia on trade
                                                            in textile products
                                                              ( 90 / 649 / CEE )
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Socialist Federal Republic of Yugoslavia on trade in textile
                                                                            products is hereby approved on behalf of the Community.
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 113                         The text of the Protocol is attached to this Decision .
  thereof,
  Having regard to the proposal from the Commission ,
                                                                                Article 2
  Whereas the supplementary Protocol to the Cooperation
  Agreement between the European Economic Community
                                                                            The President of the Council shall give the notification
  and the Socialist Federal Republic of Yugoslavia on trade in
                                                                            provided for in Article 21 of the Protocol .
  textile products initialled in Brussels on 10 October 1986 and
  applied on a provisional basis by Decision 87 / 537/ EEC (*)
1 as from 1 January 1987 should be approved ,
  HAS DECIDED AS FOLLOWS :
                                                                            Done at Brussels, 24 September 1990 .
                               Article 1                                                                           For the Council
                                                                                The President
  The supplementary Protocol to the Cooperation Agreement
  between the European Economic Community and the                                                                 V. SACCOMANDI
  (») OJ No L 318 , 7 . 11 . 1987 , p. 51 .


title: 2008/268/EC: Council Decision of 17 March 2008 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of Suomen Pankki

text:
               27.3.2008

               EN

               Official Journal of the European Union

               L 85/8

      COUNCIL DECISION

   of 17 March 2008
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of Suomen Pankki
   (2008/268/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,
   Having regard to Recommendation ECB/2008/1 of the European Central Bank of 28 January 2008 to the Council of the European Union on the external auditors of Suomen Pankki (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem shall be audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               Since the mandate of the Suomen Pankki’s current external auditor will end after the audit for the financial year 2007, it is necessary to appoint an external auditor from the financial year 2008.

               (3)

               Suomen Pankki has selected KPMG Oy Ab as its external auditor for the financial years 2008 to 2012.

               (4)

               The ECB’s Governing Council recommended that KPMG Oy Ab should be appointed as the external auditor of Suomen Pankki for the financial years 2008 to 2012.

               (5)

               It is appropriate to follow the recommendation of the ECB’s Governing Council and amend Council Decision 1999/70/EC (2) accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Article 1(11) of Decision 1999/70/EC shall be replaced by the following:

      ‘11.   KPMG Oy Ab is hereby approved as the external auditor of Suomen Pankki for the financial years 2008 to 2012.’

   Article 2
   This Decision shall be notified to the ECB.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 17 March 2008.

            For the Council

            The President

         I. JARC

      (1)  OJ C 29, 1.2.2008, p. 1.

      (2)  OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2007/883/EC (OJ L 346, 29.12.2007, p. 20).


title: Council Decision 2012/811/CFSP of 20 December 2012 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 352/50

         COUNCIL DECISION 2012/811/CFSP
   of 20 December 2012
   amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 20 December 2010, the Council adopted Decision 2010/788/CFSP (1) imposing restrictive measures against the Democratic Republic of the Congo.

               (2)

               United Nations Security Council Resolution (UNSCR) 2078 (2012) of 28 November 2012 amended the criteria for the designation of persons and entities to be subject to the restrictive measures set out in paragraphs 9 and 11 of UNSCR 1807 (2008).

               (3)

               UNSCR 2078 (2012) also added a further exemption to the measures set out in paragraph 9 of UNSCR 1807 (2008).

               (4)

               On 12 and 30 November 2012, the Sanctions Committee established pursuant to UNSCR 1533 (2004) added additional persons to the list of persons and entities subject to restrictive measures.

               (5)

               Decision 2010/788/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/788/CFSP is hereby amended as follows:

               (1)

               Article 3 is replaced by the following:
               ‘Article 3
               Restrictive measures as provided for in Articles 4(1) and 5(1) and (2) shall be imposed against the following persons and, as appropriate, entities, designated by the Sanctions Committee:

                           —

                           persons or entities acting in violation of the arms embargo and related measures as referred to in Article 1,

                           —

                           political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups,

                           —

                           political and military leaders of Congolese militias receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes,

                           —

                           political and military leaders operating in the DRC and recruiting or using children in armed conflict contrary to applicable international law,

                           —

                           individuals or entities operating in the DRC and committing serious violations involving the targeting of children or women in situations of armed conflict, including killing and maiming, sexual violence, abduction, and forced displacement,

                           —

                           individuals or entities obstructing the access to or the distribution of humanitarian assistance in the eastern part of the DRC,

                           —

                           individuals or entities illegally supporting armed groups in the eastern part of the DRC through illicit trade of natural resources, including gold,

                           —

                           individuals or entities acting on behalf of or at the direction of a designated individual or entity owned or controlled by a designated individual,

                           —

                           individuals or entities who plan, sponsor or participate in attacks against peacekeepers of the United Nations Organization Stabilization Mission in the DRC (MONUSCO).

                     The relevant persons and entities are listed in the Annex.’;

               (2)

               in Article 4(3) the following phrase is added after point (c):
               ‘or where such entry or transit is necessary for the fulfilment of judicial process.’.

         Article 2
   The persons listed in the Annex to this Decision shall be added to the list of persons set out in the Annex to Decision 2010/788/CFSP.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 December 2012.

            For the Council

            The President

         E. FLOURENTZOU

      (1)  OJ L 336, 21.12.2010, p. 30.

      ANNEX

         PERSONS REFERRED TO IN ARTICLE 2

                  Name

                  Alias

                  Date of birth/place of birth

                  Identifying information

                  Reasons

                  Date of designation

                  MAKENGA, Sultani

                  Colonel Sultani Makenga
                  Emmanuel Sultani Makenga

                  25 December 1973
                  Rutshuru, Democratic Republic of Congo

                  Congolese
                  A military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo.

                  Sultani Makenga is a military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo (DRC). As a leader of M23 (also known as the Congolese Revolutionary Army), Sultani Makenga has committed and is responsible for serious violations of international law involving the targeting of women and children in situations of armed conflict, including killing and maiming, sexual violence, abduction, and forced displacement. He has also been responsible for violations of international law related to M23’s actions in recruiting or using children in armed conflict in the DRC. Under the command of Sultani Makenga, M23 has carried out extensive atrocities against the civilian population of the DRC.
                  According to testimonies and reports, the militants operating under the command of Sultani Makenga have conducted rapes throughout Rutshuru territory against women and children, some of whom have been as young as 8 years old, as part of a policy to consolidate control in Rutshuru territory. Under Makenga’s command, M23 has conducted extensive forced recruitment campaigns of children in the DRC and in the region, as well as killing, maiming, and injuring scores of children. Many of the forced child recruits have been under the age of 15. Makenga has also been reported to be the recipient of arms and related materiel in violation of measures taken by the DRC to implement the arms embargo, including domestic ordinances on the importing and possession of arms and related materiel. Makenga’s actions as the leader of M23 have included serious violations of international law and atrocities against the civilian population of the DRC, and have aggravated the conditions of insecurity, displacement, and conflict in the region.

                  12.11.2012

                  NGARUYE WA MYAMURO, Baudoin

                  Colonel Baudoin NGARUYE

                  1978,
                  Lusamambo, Lubero territory, Democratic Republic of the Congo.

                  Military leader of the Mouvement du 23 Mars (M23)
                  FARDC ID: 1-78-09-44621-80

                  In April 2012, Ngaruye commanded the ex-CNDP mutiny, known as the Mouvement du 23 Mars (M23), under the orders of General Ntaganda. He is currently the third highest ranking military commander within the M23. The Group of experts on the DRC previously recommended him for designation in 2008 and 2009. He is responsible for and has committed severe violations of human rights and international law. He recruited and trained hundreds of children between 2008 and 2009 and then towards the end of 2010 for the M23. He has committed killing, maiming and abductions, often targeting women. He is responsible for executions and torture of deserters within the M23. In 2009 within the FARDC, he gave the orders to kill all men in Shalio village of Walikale. He also provided weapons, munitions and salaries in Masisi and Walikale under the direct orders from Ntaganda. In 2010 he orchestrated the forced displacement and expropriation of populations in the area of Lukopfu. He has also been extensively involved in criminal networks within the FARDC deriving profits from the mineral trade which led to tensions and violence with Colonel Innocent Zimurinda in 2011.

                  30.11.2012

                  KAINA, Innocent

                  Colonel Innocent KAINA
                  “India Queen”

                  Bunagana, Rutshuru territory, Democratic Republic of the Congo

                  Innocent Kaina is currently a Sector commander in the Mouvement du 23 Mars (M23). He is responsible for and has committed serious violations of international law and human rights. In July 2007 the Garrison Military Tribunal of Kinshasa found Kaina responsible for crime against humanity committed in the District of Ituri, between May 2003 and December 2005. He was released in 2009 as part of the peace agreement between the Congolese government and the CNDP. Within the FARDC in 2009, he has been guilty of executions, abductions and maiming in Masisi territory. As Commander under the orders of General Ntaganda, he initiated the ex-CNDP mutiny in Rutshuru territory in April 2012. He ensured the security of the mutineers out of Masisi. Between May and August 2012, he oversaw the recruitment and training of over 150 children for the M23 rebellion, shooting the boys who had tried to escape. In July 2012 he travelled to Berunda and Degho for mobilization and recruitment activities for the M23.

                  30.11.2012


title: 2009/552/EC,Euratom: Council Decision of 16 July 2009 appointing a new Member of the Commission of the European Communities

text:
               17.7.2009

               EN

               Official Journal of the European Union

               L 185/23

      COUNCIL DECISION

   of 16 July 2009
   appointing a new Member of the Commission of the European Communities
   (2009/552/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,
   Whereas:
   in a letter dated 5 July 2009, Mr Louis MICHEL resigned from his post as a Member of the Commission with effect from 14 July 2009. He should be replaced for the remainder of his term of office,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Karel De GUCHT is hereby appointed a Member of the Commission for the period from 17 July 2009 to 31 October 2009.
   Article 2
   This Decision shall take effect on 17 July 2009.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 16 July 2009.

            For the Council

            The President

         C. BILDT


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31985D0495

85/495/EEC: Council Decision of 4 November 1985 concerning the conclusion of a Community-COST concertation agreement on a concerted action project in the field of teleinformatics (COST Project 11ter)

Official Journal L 297 , 09/11/1985 P. 0024 Spanish special edition: Chapter 13 Volume 19 P. 0033  Portuguese special edition Chapter 13 Volume 19 P. 0033

*****COUNCIL  DECISION  of 4 November 1985  concerning the conclusion of a Community-COST concertation agreement on a concerted action project in the field of teleinformatics (COST Project 11ter)  (85/495/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft Decision submitted by the Commission,  Whereas by its Decision 79/783/EEC (1), as last amended by Decision 84/559/EEC (2), the Council adopted a multiannual programme in the field of data processing including a concerted action project on teleinformatics;  Whereas Article 5 (1) of Decision 79/783/EEC lays down that the Community may conclude agreements with non-member States participating in European cooperation in the field of scientific and technical research (COST) with a view to ensuring concerted action between the Community activities relating to the collaboration in research and development and the relevant programmes of such States;  Whereas Article 5 (2) of Decision 79/783/EEC authorizes the Commission to negotiate the agreements;  Whereas pursuant to the said Article, the Commission has negotiated an agreement with Austria, Finland, Norway, Sweden, Switzerland and Yugoslavia;  Whereas this Agreement should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Community-COST Concertation Agreement between the European Economic Community and Austria, Finland, Norway, Sweden, Switzerland and Yugoslavia on a concerted action project in the field of teleinformatics (COST Project 11ter) is hereby approved on behalf of the Community.  The text of the Agreement is attached hereto.  Article 2  The President of the Council shall give the notification provided for in Article 6 (1) of the Agreement.  Done at Brussels, 4 November 1985.  For the Council  The President  R. GOEBBELS  (1) OJ No L 231, 13. 9. 1979, p. 23.  (2) OJ No L 308, 27. 11. 1984, p. 49.


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31994D0602

94/602/EC: Decision No 151 of 22 April 1993 concerning the application of Article 10a of Regulation (EEC) No 1408/71 and of Article 2 of Regulation (EEC) No 1247/92

Official Journal L 244 , 19/09/1994 P. 0001 - 0017

DECISION No  151 of 22 April 1993 concerning the application of Article 10a of Regulation (EEC) No 1408/71 and  of Article 2 of Regulation (EEC) No 1247/92 (94/602/EC)THE ADMINISTRATIVE  COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS, Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the  application of social security schemes to employed persons, to self-employed persons and to members  of their families moving within the Community under which it is made responsible for dealing with  all administrative questions arising from the provisions of Regulation (EEC) No 1408/71 and of  subsequent Regulations, Having regard to Article 2 (1) of Council Regulation (EEC) No 574/72 of 21 March 1972, under the  terms of shich it shall draw up the models of certificates, certified statements, declarations,  applications and other documents necessary for the application of the Regulations, Having regard to Council Regulation (EEC) No 1247/92 of 30 April 1992 amending Regulation (EEC) No  1408/71, Whereas the aformentioned Regulation institutes a system of coordination which differs from that  provided for by Regulation (EEC) No 1408/71 and takes account of the particular characteristics of  the special non-contributory benefits; Whereas under the terms of Article 10a inserted in Regulation (EEC) No 1408/71, the aformentioned  special benefits, notwithstanding the provisions of Article 10 and of Title III of the same  Regulation, shall be awarded exclusively under the legislation of the Member State where the  persons referred to are resident, provided that these benefits are listed in Annex IIa; such  benefits shall be granted by and at the expense of the institution of the place of residence;  taking account, where appropriate of periods of employment, self-employment or of residence  completed in the territory of any other Member State of any benefits listed in one of the points of  Article 4 (1) of the aformentioned Regulation or of the fact that the disability or invalidity was  diagnosed for the first time in the territory of another Member State; Whereas, on the other hand, these same benefits may be awarded or continue to be paid  transitionally under the conditions set out in Article 2 of Regulation (EEC) No 1247/92, to the  persons concerned who reside in or have transferred their residence to the territory of a Member  State other than the competent Member State; Whereas, it would seem appropriate for practical reasons and in order to facilitate the  administration and the award of these benefits to make reference mutatis mutandis to certain  implementing provisions laid down in the Articles of Regulation (EEC) No 1408/71 other than Article  10 or the Articles of Title III and in Regulation (EEC) No 574/72, to the extent that they do not  effect the conditions for the acquisition, retention or recovery of the right to the aforesaid  benefits or the determination of the amount thereof; Whereas, furthermore, the acquisition of the right to the aforesaid benefits is frequently subject,  in the national legislations in question, to a means test; Whereas, there is consequently good reason for drawing up a new form E 601 rendering possible the  determination of the amount of income of the person concerned, of his spouse and/or of members of  his family in any other Member State, in the case where in order to apply national legislation, the  institution concerned is required to contact one or more other institutions or bodies competent in  this matter; Whereas, consequently, it is necessary to make provision for an Annex to this Decision listing the  institutions responsible for providing the abovementioned information; Whereas the acquisition of the right to the aforementioned benefits is sometimes subject to the  completion of periods of employment, self-employment or of residence; and that it is likewise  necessary to draw up a form E 602 rendering possible the aggregation of the periods provided for in  Article 10a (2) of Regulation (EEC) No 1408/71; Whereas the language in which the forms are issued is stipulated in recommendation No 15 of the  Administrative Commission; Whereas, finally, it is important, as far as the amount of the abovementioned resources is  concerned, that provision be made for the determination of rates of conversion of currencies to be  used; HAS DECIDED AS FOLLOWS: 1. The provisions of Articles 84, 85, 86, 87 and 88 of Regulation (EEC) No  1408/71 and the provisions of Articles 40, 51 (1), 59, 105, 106, 110, 115 and 121 of Regulation  (EEC) No 574/72 shall apply mutatis mutandis in respect of the special non-contributory benefits  mentioned in Article 4 (2a) of the Regulation. 2. Where the award of the special benefits in question is subject to a means test, the competent  institution may, under the conditions and within the limits provided for by the legislation which  it administers, request the institution of each Member State likely to be involved in this matter  to provide it with information concerning the amount of income received by the person concerned, by  his spouse and/or by members of his family in the other Member State in accordance with the  attached model form E 601. The institution from which the information has been requested shall  complete the form, giving all the data to which it has access in the context of its national  legislation. 3. The institutions of the Member States called upon to provide the information concerning the  amount of income referred to in paragraph 2 of this Decision shall be listed in the Annex. If the information requested cannot be certified by the institution receiving the form, the person  concerned, or his spouse and/or members of his family shall, where appropriate, submit a certified  statement provided the person concerned is resident in the Member State to which the form has been  sent. This statement shall be returned together with the form by the competent institution. 4. For the purpose of taking account of the income received by the person concerned in the other  Member State, the competent institution shall convert into its currency the amount indicated by the  institution of the other Member State and/or the certified statement, using the rate of conversion  referred to in Article 107 (1) of Regulation (EEC) No 574/72. The rate of conversion to be taken  into consideration shall be that which is applicable on the date of calculation or revision of the  benefits. 5. Where the right to the special benefits in question is subject to the completion of periods of  employment, self-employment or of residence, the competent institution may request the institution  of each Member State for information concerning the periods completed in that Member State in  accordance with the attached form E 602. If the information requested cannot be certified by the  institution receiving the form, the person concerned shall submit a certified statement provided  that he is resident in the Member State to which the form has been sent. This certified statement  shall be returned together with the form by the competent institution. 6. The competent authorities of the Member States shall provide the competent institutions  concerned with the forms referred to in paragraphs 2 and 5 of this Decision. These forms shall be  available in the official languages of the Community and laid out in such a manner that the  different versions are perfectly superposable, thereby making it possible for each person or body  to which a form is addressed to receive the form printed in their own language. 7. This Decision shall apply from the first day of the month following its publication in the  Official Journal of the European Communities. It shall take effect from the entry into force of Regulation (EEC) No 1247/92. The Chairman of the Administrative Commission Poul VORRE  ANNEX (paragraph 3 of the Decision) 1. Belgium - Old-age, death (pensions): Office national des pensions/Rijksdienst voor pensioenen (National  Pension Office, Brussels), - Family benefits: Office national des allocations familiales pour travailleurs  salariés/Rijksdienst voor kinderbijslag voor werknemers (National Family Allowances Office for  Employed Persons, Brussels), - Invalidity benefits: Ministère de la prévoyance sociale/Ministerie van Soziale Voorzorg (Minister  of Social Welfare). 2. Denmark Socialministeriet (Ministry of Social Affaires), Copenhagen. 3. Germany The liaison body concerned. 4. Spain - For non-contributory old-age pensions and invalidity pensions: Instituto Nacional de Servicios  Sociales (National Institut of Social Services), - For non-contributory family benefits: Direcciones Provinciales del Instituto Nacional de la  Seguridad Social (Provincial Directorates of National Institut of Social Security). 5. France (a) For the amount of resources: - For persons under 60 years: - As a general rule, Caisse primaire d'assurance maladie du lieu de résidence (local sickness  insurance fund of the place of residence, - Caisse générale de sécurité sociale du département d'outre-mer de résidence (general social  security fund of the overseas department of residence) (Martinique, Guadeloupe, Guyana, Reunion). - For persons 60 years and over: - As a general rule, Caisse régionale d'assurance maladie (regional sickness insurance fund)  (old-age branch) of the place of residence, - Caisse régionale d'assurance vieillesse (regional old-age insurance fund), Strasbourg, for the  Alsace region (Bas-Rhin, Haut-Rhin and Moselle), - Caisse nationale d'assurance vieillesse des travailleurs salariés (National old-age insurance  fund for employed persons) for the Paris region, - Caisse générale de sécurité sociale du département d'outre-mer de résidence (general social  security fund of the overseas department of residence) (Martinique, Guadeloupe, Guyana, Reunion). (b) For the periods completed: - Caisse nationale d'assurance vieillesse des travailleurs salariés (National old-age insurance  fund for employed persons), Paris. 6. Greece Éaeñõìá Êïéíùíéêþí Áóoeáëssóaaùí (IKA) (Social Insurance Institute), Athens. 7. Ireland EC Records Section, Department of Social Welfare, Dublin. 8. Italy Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial  offices. 9. Luxembourg Fonds national de solidarité (National Solidarity Fund), Luxembourg. 10. The Netherlands Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH Amsterdam (Amstelveen). 11. Portugal - For the continent: Centro Regional de Segurança Social (Regional social security centre) where  the person concerned resides, - For the autonomous region of Madeira: Direcção Regional de Segurança Social (Regional directorate  of social security), Funchal, - For the autonomous region of The Azores: Direcção Regional de Segurança Social (Regional  directorate of social security), Angra do Heroismo. 12. United Kingdom - The Overseas Benefits Directorate, Longbenton, Newcastle upon Tyne, NE98 1YX, England, - For persons residing in Northern Ireland: Social Security Agency, Castle Court, Royal Avenue,  Belfast, B21 1DF, Northern Ireland. E 601>START OF GRAPHIC>Social Security Regulationson page 31REQUEST FOR INFORMATION CONCERNING  THE AMOUNT OF INCOME RECEIVED IN A MEMBER STATE OTHER THAN THE COMPETENT MEMBER STATE  (Special non-contributory benefits)  Reg. 1408/71: Art. 10a Reg. 1247/92: Art. 2 A. Request for information If the institution competent for the award of special non-contributory benfits wishes to be  informed of any income accruing to the person concerned in another Member State, it should complete  two copies of part A and forward them to the institution of the other Member State mentioned in the  Annex to Decision No 151. 1Receiving institution 1.1Name: 1.2Address (2):   2□Employed person□Pensioner□scheme for employed persons □Self-employed person□scheme for self-employed persons □other 2.1Surname (2a)  2.2ForenamesPrevious Names (2a)Place of birth (2b)  2.3Date of birthSexNationalityD.N.I. (2c)  2.4Address (2): 2.5Insurance No: 2.6Pension No: 2.7Period in respect of which information is requested: 3Data concerning any professional or trade activity pursued in the other Member State by the person  named in section 2  3.1Employer 3.2Address (2) 3.3Self-employment 3.4Activity treated as an occupation within the meaning of Decision No 119:  4Spouse 4.1Name (2a)  4.2ForenamesMaiden name (2a)Place of birth (2b)  4.3Date of birthSexNationalityD.N.I. (2c)  4.4Pursues a professional or trade activity□yes (3)□no 4.5Address (2):  4.6Insurance No: ! 5Members of the family other than the spouse NameForenamesDate ofFamily rela-Place ofProfessionInsurance birthtionship (4)residence (5)No     6Competent institution 6.1Name: 6.2Address (2):  6.3Reference No of file: Stamp6.4Date: 6.5Signature:  B. Information To be completed by the institution of a Member State other than the competent Member State (6). 7Type and amount of income during the period in question Amount 7.1Salaryperson named in section 2 spouse member(s) of the family (7)  7.2Other income deriving from a professionalperson named in section 2 or trade activityspouse member(s) of the family (7)  7.3Social security benefits (8)person named in section 2 spouse member(s) of the family (7)  7.4Movable assetsperson named in section 2 spouse member(s) of the family (7)  7.5Fixed assetsperson named in section 2 spouse member(s) of the family (7)  7.6Total amount of income for the period in question (9) 8Institution of the Member State other than the competent Member State (6) 8.1Name: 8.2Address (2):  8.3Reference No of file: 8.4Stamp8.5Date: 8.6Signature:  " INSTRUCTIONS  Please complete this form in block letters, writing on the dotted lines only. It consists of three  pages, none of which may be left out even if it does not contain any relevant information. NOTES  (1)Symbol of the country where part A of the form is completed: B = Belgium; DK = Denmark; D =  Germany; GR = Greece; E = Spain; F = France; IRL = Ireland; I = Italy; L = Luxembourg; NL = the  Netherlands; P = Portugal; GB = United Kingdom. (2)Street, number, post code, town, country, telephone number. (2a)In the case of Spanish nationals, state both names. In the case of Portuguese nationals, state all names (forenames, surname, maiden name) in the order  of civil status in which they appear on the identity card or passport. (2b)In the case of Portuguese districts, state also the parish and the commune. (2c)In the case of Spanish nationals, indicate the number appearing on the national identity card  (D.N.I.), if it exists, even if the identiy card is out of date. Failing this, state 'None`. (3)Specifiy the country and the place where the professional or trade activity is pursued. (4)Please indicate the relationship of each member of the family to the worker, using the following  symbols: A=legitimate child. In Spain, a child born in wedlock (matrimonial) and a child born out of wedlock  (non-matrimonial). B=legitimatized child C=adopted child D=natural child (it the form is completed for a male worker, the natural children must be mentioned  only it the paternity or the worker's obligation to maintain them has been officially recognized) E=child of a spouse belonging to the worker's household F=grandchildren, brothers and sisters whom the person concerned has taken into his household; also  the nephews and nieces to the third degree where the competent institution is a Greek institution G=other children belonging permanently to the household on the same footing as the worker's  children (foster children) Other relationships (e.g. grandfather) must be written in full. If the child is married, divorced, or widowed, mention this in item 5. Please specifiy also whether  a child has no father or mother, for the purpose of Greek institutions. (5)If a child resides at an address other than that stated in sections 2.4 or 4.5, please indicate  below: Name and forenames:  Address (2): (6)To be completed by the institution mentioned in the Annex to Decision No 151 (and, where  appropriate, the Annex per country). If either all or part of the information requested cannot be  confirmed by the institution, this form (and, where appropriate, the Annex) should be returned even  though it has been left blank or only partially completed; where possible, it should be sent  together with a certified statement containing the necessary information from the person or persons  concerned. (7)If several members of the family are mentioned in section 5, specify the name, forename(s) and  date of birth of the member(s) of the family referred to. (8)Specify the nature of the benefit in question. (9)Indicate whether the amount of income stated was before or after the deduction of social  security contributions and before or after tax deductions. Where possible, state the net amount (after deduction of contributions and taxes). § E 601 Annex See Instructions and notes on page 3 of form E 601F1Income received during the period  in question Claimant orSpouse beneficiary 1.1Pursuant to paid employment□YES□NO □YES□NO If YES, the duration of the professional or trade activity during the period in questionfrom to from to Total amount of gross salaries received 1.2Pursuant to self-employment□YES□NO □YES□NO If YES, the duration of the self-employment during the period in questionfrom to from to Nature of self-employment Total amount of income received from self-employed activities   1.3Pursuant to a substitute income (unemployment, sickness, maternity, accident at work, early retirement, . . .)□YES□NO □YES□NO If YES, the duration of the indemnification during the period in questionfrom to from to Type of substitute income Total amount of substitute income received 1.4Pursuant to a pension or allowance□YES□NO □YES□NO If YES, the duration of the receipt of the benefit during the period in questionfrom to from to Type of benefit Total amount of benefits received 1.5Other sources of income (financial income, benefits in kind, supplementary pension, . . .)□YES□NO □YES□NO Type of income Total amount of other sources of income $   F2  Claimant orSpouse beneficiary 2.1Property owned by the claimant or beneficiary and/or his spouse  □YES□NO □YES□NO If YES, type of property (land, houses, movable assets, . . .)   Present value of the property Area/district where this property is situated if it represents land or houses Does the claimant or beneficiary reside in a house or lodgings of which he is the  owner?□YES□NO Does he let out part of the accomodation for hire?□YES□NO If YES, the present value of the part in question 2.2Property that has been gifted by the claimant or beneficiary and/or his spouse within the last  10 years (4)  □YES□NO □YES□NO If YES, type of property (land, houses, fixed assets, . . .) Date when gifted Present value of this property Beneficiary of the gift (name, address, family relationship with the donor) 2.3Agricultural land farmed by the claimant or beneficiary and/or his spouse□YES□NO □YES□NO Area farmed % E 601 Annex See instructions and notes on page 3 of form E 601ELUK1Information concerning the  financial position of the person concerned (1)1.1Income from work or benefits (2)  1.1.1Source  1.1.2Annual amount  1.1.3Firm or body  1.2Movable assets (2) (3) (4)  1.2.1Source  1.2.2Actual yield (annual) of capital  1.2.3Actual value of capital (3)  1.3Fixed assets (4)  1.3.1Officially registered value or real value  1.3.2Income  1.4Other sources of income or pension  2Information concerning family members residing in the residence of the person  concernedSurnameForenamesDate of birthAvailable income or resources (1)      (1)Figures for the year corresponding to the period mentioned in section 2 of form E 601. (2)The information concerning income provided by the United Kingdom represents the net figures  after deduction of income tax, insurance contributions and certain levies in connection with work.  The amount indicated does not take account of United Kingdom housing benefit or council tax  benefit. (3)The information provided by the United Kingdom does not take account of the value of the  property occupied by the person concerned. (4)As far as the information provided by the United Kingdom is concerned, the exact amount of the  movable and fixed assets is probably not known to the receiving institution where the total amount  of these assets belonging to the person concerned is less than £ 3 000.  &  E 601 Annex See instructions and notes on page 3 of form E 601B1Income received during the period  fromtoClaimantSpouse oror beneficiarycommon law partner 1.1Pursuant to paid employment□YES□NO □YES□NO If YES, the duration of the paid employment during the period in questionfrom to from to Total amount of salary received 1.2Pursuant to self-employment□YES□NO □YES□NO If YES, the duration of self-employment during the period in questionfrom to from to Nature of self-employment Total amount of income received from self-employed activities during the period fromto 1.3Pursuant to social benefits other than retirement pensions and survivor's pensions (sickness,  invalidity, unemployment, accidents at work, family allowances, allowances for handicapped persons,  guaranteed income for elderly persons, . . .)□YES□NO □YES□NO If YES, the duration of the receipt of the benefits during the period in questionfrom to from to Type of social benefits Total amount of social benefits received 1.4Pursuant to a retirement pension or a survivor's pension□YES□NO □YES□NO If YES, the duration of the receipt of the pension during the period in questionfrom to from to Total amount of the pension 1.5Other income (supplementary pension, income from movable property, benefits in kind, . .  .)□YES□NO □YES□NO Type of income Total amount of other income 2Fixed assets ClaimantSpouse oror beneficiarycommon law partner Property in respect of which the claimant or beneficiary and/or his spouse or common law partner is  either the owner of the holder of a beneficial life interest□YES□NO □YES□NO If YES, type of legal connection (ownership, nueproprieté (restricted ownership), beneficial life  interest) Type of property (land, houses, . . .) Taxable income from each of these properties Area/district where these properties are situated Does the claimant or beneficiary occupy a dwelling in respect of which he, himself, his spouse or  his common law partner is either the owner or the holder of a beneficial life  interest?□YES□NO □YES□NO If YES, the taxable income of the dwelling occoupied / B3Transferred property  ClaimantSpouse oror beneficiarycommon law partner Property that has been transferred either in return for payment or free of charge within the last  10 years by the claimant or beneficiary and/or his spouse or common law  partner□YES□NO □YES□NO If YES, type of property (land, houses, movable assets, . . .)     Date of transfer   Value of property at the time of transfer   Is the claimant or beneficiary and/or his spouse or common law partner in possession of the  proceeds from the transferred property?  □YES□NO □YES□NO   If YES, what is the nature of these proceeds?   What is the amount involved?   ( >END OF GRAPHIC>E 602>START OF GRAPHIC>Social Security Regulationsand notes on page 3 of form E  6011 CONCERNING THE AGGREGATION OF PERIODS OF EMPLOYMENT, OF SELF-EMPLOYMENT OR OF RESIDENCE  Special non-contributory benefits  Reg. 1408/71: Art. 10a (2) Reg. 1247/92: Art. 2  The competent institution should complete part A of the form and send two copies to the institution  of the Member State to whose legislation the person concerned was last subject. The latter  institution should complete part B and return the form to the institution from which it received  the form. If the form is drawn up at the request of the person concerned, the institution issuing  the form should complete part B and give or send the form to the person concerned. Part A 1Receiving institution 1.1Name: 1.2Address (2):   2□Employed person□Pensioner□scheme for employed persons □Self-employed□scheme for self-employed persons □other 2.1Surname (2a)  2.2ForenamesPrevious names (2a)Place of birth (2b)  2.3Date of birthSexNationalityD.N.I. (2c)  2.4Address (2):  2.5Insurance No: 2.6Pension No: 3  With reference to a claim submitted by the insured person mentioned above, please indicate the  periods of employment, of self-employment or of residence completed by him from to at  (5) under the legislation of your country. 4Competent institution 4.1Name:Code No (3): 4.2Address (2):  4.3Stamp4.4Date: 4.5Signature:  ! Part B To be completed by the Member State other than the competent Member State (4) 5  The person mentioned in section 2 completed □since 6The following periods of employment or self-employment: 6.1fromto 6.2fromto 6.3fromto 6.4fromto 6.5fromto 6.6fromto 6.7fromto 6.8fromto 6.9fromto 6.10fromto 7The following periods of residence: 7.1fromto 7.2fromto 7.3fromto 7.4fromto 7.5fromto 7.6fromto 7.7fromto 7.8fromto 7.9fromto 7.10fromto 8Institution completing part B 8.1Name: 8.2Address (2):  8.3Stamp8.4Date: 8.5Signature:  " INSTRUCTIONS  Please complete this form in block letters, writing on the dotted lines only. It consists of three  pages, none of which may be left out even if it does not contain any relevant information. NOTES  (1) Symbol of the country to which the institution which first completes the form belongs: B =  Belgium; DK = Denmark; D = Germany; GR = Greece; E = Spain; F = France; IRL = Ireland; I = Italy; L  = Luxembourg; NL = the Netherlands; P = Portugal; GB = United Kingdom. (2) Street, number, post code, town, country, telephone number. (2a) In the case of Spanish nationals, state both names. In the case of Portuguese nationals, state all names (forenames, surname, maiden name) in the order  of civil status in which they appear on the identity card or passport. (2b) In the case of Portuguese districts, state also the parish and the commune. (2c) In the case of Spanish nationals, indicate the number appearing on the national identity card  (D.N.I.), if it exists, even if the identity card is out of date. Failing this, state 'None`. (3) To be completed where possible. (4) To be completed by the institution referred to in the Annex to Decision No 151. If either all  or part of the information cannot be confirmed, this form should be returned even though it has  been left blank or only partially completed; where possible, it should be sent together with a  certified statement containing the necessary information from the person or persons concerned. (5) Address or addresses of the person concerned during completion of the periods. § >END OF GRAPHIC>